Bill 5023

                    Current Status

Bill Number:                    5023
Ratification Number:            396
Act Number:                     469
Type of Legislation:            Joint Resolution JR
Introducing Body:               House
Introduced Date:                19980414
Primary Sponsor:                M. Hines
All Sponsors:                   M. Hines, McGee, J. Hines, McKay
                                and Askins 
Drafted Document Number:        dka\4913mm.98
Date Bill Passed both Bodies:   19980501
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19980528
Subject:                        Florence County School District
                                No. 1 trustees; binding referendum to
                                decide whether or not to raise tax
                                millage

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980910  Act No. A469
------  19980528  Unsigned, became law without
                  signature of Governor
------  19980521  Ratified R396
Senate  19980501  Read third time, enrolled for
                  ratification
Senate  19980430  Read second time, unanimous
                  consent for third reading on
                  Friday, 19980501
Senate  19980421  Introduced, read first time,
                  placed on local and uncontested
                  Calendar without reference
House   19980416  Read third time, sent to Senate
House   19980415  Read second time
House   19980414  Introduced, read first time,
                  placed on Calendar without reference

(A469, R396, H5023)

A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 1999 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, TO LIMIT THAT AUTHORITY TO A TWENTY-MILL INCREASE IN ANY FIVE-YEAR PERIOD, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 1999 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

Be it enacted by the General Assembly of the State of South Carolina:

Binding referendum to increase taxing authority

SECTION 1. (A) A binding referendum shall be held at the same time as the 1998 general election in Florence County School District One on the question of whether or not the qualified electors of the district favor granting to the board of trustees of the district the authority beginning in 1999 to raise the millage for school operations by not more than five mills over that levied for the previous year without the approval of a majority of the qualified electors of the district in a referendum. The five mill limitation includes any EFA inflation factor adjustments or increases necessary to meet the requirements of Section 59-21-1030 of the 1976 Code. The authority is limited to an increase of twenty mills in any five-year period. The binding referendum for this purpose must be conducted by the Florence County Election Commission at the same time as the 1998 general election. The county commissioners of election shall conduct and supervise the binding referendum in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the binding referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the binding referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the binding referendum. The cost of the binding referendum shall be paid by the school district.

(B) The question put before the qualified electors of the district at the 1998 binding referendum shall read:

"Do you favor granting to the board of trustees of the district the authority beginning in 1999 to raise the millage for school operations by not more than five mills over that levied for the previous year, not to exceed twenty mills in any five-year period, without the approval of a majority of the qualified electors of the district in a referendum?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

(C) If the qualified electors of the district vote in favor of the question submitted at the 1998 binding referendum, the board of trustees of the Florence County School District One beginning in 1999 may raise the millage for school operations by not more than five mills over that levied for the previous year unadjusted for the EFA inflation factor sufficient to meet the requirements of Section 59-21-1030 of the 1976 Code without the requirement of a referendum not to exceed twenty mills in any five-year period. Any millage increase for school operations above five mills a year or more than twenty mills in a five-year period may be levied only after a majority of the qualified electors of the district in a referendum conducted as provided by law vote in favor of such increase.

Time effective

SECTION 2. This joint resolution takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 05/28/98.