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1089Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20020305Primary Sponsor: GloverAll Sponsors: GloverDrafted Document Number: l:\council\bills\gjk\21057sd02.docResiding Body: SenateCurrent Committee: Marion Delegation 87 SLDSubject: Marion County, consolidation of school districts; provisions for millage, transfer of assets, liabilities, and general obligation bondsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020529 Committed to Marion Delegation 87 SLD ------ 20020306 Scrivener's error corrected Senate 20020305 Introduced, read first time, placed on local and uncontested Calendar without reference Versions of This Bill Revised on March 5, 2002 - Word format Revised on March 6, 2002 - Word format
March 5, 2002
L. Printed 3/5/02--S. [SEC 3/6/02 3:25 PM]
Read the first time March 5, 2002.
TO PROVIDE THAT MARION COUNTY ON JULY 1, 2002, SHALL CONSIST OF ONE CONSOLIDATED SCHOOL DISTRICT TO BE COMPOSED OF THE THREE PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE THREE PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 2002; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY THE MARION COUNTY BOARD OF EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH A SCHOOL BUDGET FOR THE CONSOLIDATED DISTRICT MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE THREE PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT OF WHICH THEY ARE A PART; AND TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS SHALL BE DETERMINED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Effective July 1, 2002, the three school districts of Marion County are consolidated into one district to be known as the School District of Marion County.
The three present school districts of the county shall be abolished on July 1, 2002, and the powers and duties of the respective boards of trustees of each district devolved upon the Marion County Board of Education which shall act as the governing body of the consolidated school district.
(B) The county board of education shall employ a superintendent for the district. The district superintendent shall be the chief operating officer of the district and shall be responsible to the board for the proper administration of all affairs of the district and subject to all other provisions of law relating to his duties.
SECTION 2. Beginning with the year 2002, the county board of education may levy for the annual operation of the district and the board without the authorization of the General Assembly, the millage authorized to be levied for these purposes for the previous year plus a millage increase which on a percentage basis does not exceed five percent above the annual inflation factor as determined under the South Carolina Education Finance Act for that year. If the board desires to levy millage in excess of these limits, it may do so only with the approval of the qualified electors in the school district in a referendum called in the same manner as provided for in Chapter 9, Title 4 of the 1976 Code. The millage levied for the consolidated district for the year 2001 shall be determined by dividing the total revenue received in 2001 from the school tax millage levied for each of the three present school districts of the county, made a part of the consolidated district by the total 2001 assessed value of all taxable property of these three districts, and converted to a millage levy.
SECTION 3. (A) On July 1, 2002, the assets and liabilities of the three present school districts of the county shall be transferred to the consolidated district and, if applicable, assumed by the consolidated school district. The records and employees of the three present school districts of the county also must be transferred to the consolidated school district of which they become a part.
(B) The constitutional debt limitation on the issuance of general obligation bonds applicable to the consolidated district shall be computed based on the assessed value of all taxable property in the consolidated district minus that bonded indebtedness of each of the present school districts made a part of the consolidated district which was includable against the constitutional debt limit of those present school districts.
SECTION 4. The three present school districts of Marion County shall be abolished on July 1, 2002, at which time the consolidated school district of the county as herein provided shall be established. The terms of all members of the boards of trustees of the three present school districts of the county shall expire on this date.
SECTION 5. All local acts pertaining to any school district of Marion County inconsistent with the provisions of this act are repealed as of July 1, 2002.
SECTION 6. If any provision of this act for any reason is held by a court of competent jurisdiction to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act and each and every provision herein irrespective of the fact that any one or more provisions hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. This act takes effect upon approval by the Governor.
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