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S. 245
STATUS INFORMATION
General Bill
Sponsors: Senators Martin and Leatherman
Document Path: l:\s-res\lam\011reim.mrh.doc
Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Finance
Summary: Homestead Exemption Fund reimbursements
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/9/2007 Senate Introduced and read first time SJ-139
1/9/2007 Senate Referred to Committee on Finance SJ-139
2/9/2007 Senate Referred to Subcommittee: Hayes (ch), Land, Courson,
Matthews, Grooms, Richardson
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 11-11-156(A) OF THE 1976 CODE, ADDED BY ACT 388 OF 2006, RELATING TO REIMBURSEMENTS FROM THE HOMESTEAD EXEMPTION FUND, TO PROVIDE THAT A SCHOOL DISTRICT MUST NOT BE REIMBURSED FROM THE FUND IN 2007-2008 FOR MORE THAN THE DISTRICT ACTUALLY COLLECTED OR RECEIVED IN 2005-2006, ADJUSTED BY AN INFLATION FACTOR, IF A SCHOOL DISTRICT'S OPERATIONAL MILLAGE FOR 2006-2007 INCREASED BY MORE THAN TEN PERCENT OVER THE PRIOR FISCAL YEAR, AND TO PROVIDE EXCEPTIONS TO THE REIMBURSEMENT LIMITATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 11-11-156(A) of the 1976 Code, added by Act 388 of 2006, is amended to read:
"(A)(1) Beginning with fiscal year 2007-2008, school districts of this State must be reimbursed from the Homestead Exemption Fund in the manner provided in this subsection. The Comptroller General shall pay these reimbursements upon application of the school district and the reimbursements for fiscal year 2007-2008 shall be equal to the amount estimated to be collected or reimbursed in fiscal year 2007-2008 by the district from school operating millage imposed on owner-occupied residential property therein. If a school district's operational millage for fiscal year 2006-2007 increased by ten percent or greater over the prior fiscal year, then the school district must not be reimbursed for fiscal year 2007-2008 more than the district actually collected or received in fiscal year 2005-2006 adjusted by the percentage increase in the average of the twelve monthly consumer price indexes for all-urban consumers for the most recent twelve-month period consisting of January through December of the preceding calendar year, plus the percentage increase in the previous year in the population of the entity as determined by the Office of Research and Statistics of the State Budget and Control Board, as applied to fiscal years 2006-2007 and 2007-2008. The limitation on reimbursement does not apply if the chairman of the local governing body responsible for the millage increase certifies to the Comptroller General that the operational millage increase of ten percent or greater was the result of one of the factors enumerated in Section 6-1-320(B) and the millage increase was approved by two-thirds of the membership of the local governing body.
(2) Beginning in fiscal year 2008-2009 a school district shall receive in reimbursements what it received in fiscal year 2007-2008 plus the reimbursement increases provided for in item (3). The reimbursement increases of the several school districts as provided in item (3) for 2008-2009 and any subsequent year shall be aggregated and the reimbursement increase a particular school district shall receive for that year shall be equal to an amount that is the school district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act. For purposes of the reimbursement increases school districts receive under this subsection based on weighted pupil units determined pursuant to the Education Finance Act, an additional add-on weighting for students in poverty of 0.20 shall be included in the weightings provided in Section 59-20-40(1)(c) of the 1976 Code. The weighting for poverty shall provide additional revenues for students in kindergarten through grade twelve who qualify for Medicaid or who qualify for reduced or free lunches, or both. Revenues generated by this weighting must be used by districts and schools to provide services and research-based strategies for addressing academic or health needs of these students to ensure their future academic success, to provide summer school, reduced class size, after school programs, extended day, instructional materials, or any other research-based educational strategy to improve student academic performance.
(3) Beginning with the fiscal year 2008-2009 reimbursements, these reimbursements must be increased on an annual basis by an inflation factor equal to the percentage increase in the previous year of the Consumer Price Index, Southeast Region, as published by the United States Department of Labor, Bureau of Labor Statistics plus the percentage increase in the previous year in the population of the State as determined by the Office of Research and Statistics of the State Budget and Control Board. Distribution of these reimbursement increases shall be as provided in this subsection.
(4) The percentage of population growth in any year for any school district entitled to reimbursements from the Homestead Exemption Fund shall be based on estimates for such growth in the county wherein the school district is located as determined by the Office of Research and Statistics of the State Budget and Control Board. Where the school district encompasses areas in more than one county, the population growth in that entity shall be the average of the growth in each county weighted to reflect the existing population of the school district in that county as compared to the existing population of the school district as a whole.
(5) Upon the beginning of reimbursements for a particular year, the reimbursements must be paid to a school district on or after January first of that year.
(6) To the extent revenues in the Homestead Exemption Fund are insufficient to pay all reimbursements to a school district required by this subsection (A) and subsection (B), the difference must be paid from the state general fund.
(7) Operating millage levied in a county for alternative schools, career and technology centers, and county boards of education whether or not levied countywide or on a school district by school district basis in a county also is considered school operating millage to which the reimbursements provided for in this section apply.
(8) Reimbursements to a school district under this subsection shall be considered in the computation of the required Education Improvement Act maintenance of local effort."
SECTION 2. This act takes effect upon approval by the Governor.
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