Bill 3898

                    Current Status

Bill Number:               3898
Ratification Number:       263
Act Number                 284
Introducing Body:          House
Subject:                   Relating to the tax levy for the
                           Greenville County School District

(A284, R263, H3898)

AN ACT TO AMEND ACT 275 OF 1985, AS AMENDED, RELATING TO THE TAX LEVY FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO SET THE ANNUAL MILLAGE LIMITATION FOR THE SCHOOL DISTRICT AT EIGHTY-FOUR MILLS AND TO PROVIDE EXCEPTIONS AND THE MANNER OR METHOD OF ACTION FOR A HIGHER MILLAGE AND PROCEDURE FOR ADJUSTMENT OF THE MILLAGE AND FOR CONDUCTING A REFERENDUM FOR A HIGHER MILLAGE AND TO PROVIDE FOR THE TERMS OF SCHOOL TRUSTEES.

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

Millage, limitation, exceptions

SECTION 1. The board of trustees of the Greenville County School District may levy for the general operation of the school district in any year a tax millage not exceeding eighty-four mills, except when higher millage is authorized in the manner permitted in Sections 2, 3, and 4 of this act.

Millage, authorization of

SECTION 2. An authorized tax levy for the general operations of the school district of Greenville County above eighty-four mills is authorized in the manner permitted in this section and Sections 3 and 4 of this act. Beginning in the year after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, and thereafter, the board of trustees of the district, upon a two-thirds recorded vote of its membership, may increase this eighty-four mill authorization by not more than a total of three mills in any successive two-year period. In determining these two-year periods, a particular year is to be used once. That is to say by example that the first two years after the referendum provided for in Section 5 is conducted and approved, if conducted and approved, constitute a two-year period, and the two years immediately following constitute the next successive two-year period. If the board determines that the millage needs of the district in any year exceed the authorized limits of this section, the excess millage desired must be approved by the qualified electors of the district in a referendum called for this purpose by the board to be conducted as provided in Section 4.

Millage, adjustment of

SECTION 3. (A) If in any year of equalization and reassessment the millage authorized to be levied for the benefit of the district is reduced pursuant to the provisions of Section 12-43-280 or any other provision of Article 3, Chapter 43, Title 12 of the 1976 Code, the reduced millage, for purposes of determining the millage limitation provisions of Section 2 only, must be adjusted upward by the county auditor to equalize on a value basis the number of mills that were levied before equalization and reassessment as compared to the number of mills that are authorized to be levied after equalization and reassessment. This adjusted millage must be used in all calculations pertaining to that year for purposes of determining the allowable millage increases without a referendum under the provisions of Section 2. However, the allowable millage increase so determined above must be added to the reduced millage for that year and not to the adjusted millage figure determined above.

(B) If in any year the qualified electors of the district in the manner authorized by this act approve of a millage levy in excess of that authorized to be levied in Section 2 without a referendum, this excess millage becomes the amount of millage for that year which must be used for purposes of determining the millage limitation provisions of Section 2.

Referendum, supervision of

SECTION 4. (A) The county commissioners of election shall conduct and supervise any referendum authorized by Section 2 in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.

(B) The ballot must read substantially as follows:

"Must the tax millage for the year authorized to be levied for the general operation of the School District of Greenville County be increased by a total of mills above those levied in the past year?

Yes / /

No / /."

Referendum, procedure for

SECTION 5. Before the provisions of Sections 2, 3, 4, and 7 of this act may take effect, the qualified electors of the school district of Greenville County must first approve of its provisions in a referendum conducted by the election commissions of the respective counties in the school district. The board of trustees of the district is authorized to call this referendum but is not required to call the referendum. If it does choose to call the referendum, the board must call and set the referendum on November 7, 1989. The board shall frame the question for the ballot. If multiple questions are used, each must receive approval for any of the provisions of Sections 2, 3, 4, and 7 of this act to be considered approved and for this purpose the provisions of Sections 2, 3, 4, and 7 of this act are declared to be nonseverable.

The county commissioners of election shall conduct and supervise this referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall prepare the necessary ballots after the questions for the ballot have been framed by the school board, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum ninety days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the school district.

Section repealed

SECTION 6. Section 1 of Act 275 of 1985 is repealed.

School trustees, terms of

SECTION 7. Upon the approval of limited fiscal autonomy as provided in this act being approved by the voters in a referendum, then notwithstanding any other provision of law, the terms of office of all Greenville County school district trustees thereafter elected, including incumbents who are reelected, must be two years.

Time effective

SECTION 8. This act takes effect upon approval by the Governor.