South Carolina General Assembly
109th Session, 1991-1992

Bill 4021


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4021
Primary Sponsor:                Rogers
Type of Legislation:            GB
Subject:                        Richland County school district tax
                                levy
Residing Body:                  Senate
Computer Document Number:       436/11770.DW
Introduced Date:                May 22, 1991
Date of Last Amendment:         May 27, 1991
Last History Body:              Senate
Last History Date:              Feb 19, 1992
Last History Type:              Reconsidered vote whereby the Bill
                                was given a second reading
Scope of Legislation:           Statewide
All Sponsors:                   Rogers
                                J. Brown
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4021  Senate  Feb 19, 1992  Reconsidered vote whereby the
                             Bill was given a second
                             reading
 4021  Senate  Feb 07, 1992  Read second time
 4021  Senate  May 30, 1991  Placed on Local and
                             Uncontested Calendar without
                             reference
 4021  Senate  May 30, 1991  Introduced, read first time
 4021  House   May 27, 1991  Read third time, sent to
                             Senate
 4021  House   May 27, 1991  Amended
 4021  House   May 23, 1991  Amended, read second time
 4021  House   May 22, 1991  Introduced, read first time,
                             placed on Calendar without
                             reference

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

CORRECTED AND REPRINTED

Indicates Matter Stricken
Indicates New Matter

INTRODUCED

May 30, 1991

H. 4021

Introduced by REPS. Rogers and J. Brown

L. Printed 5/31/91--S.

Read the first time May 30, 1991.

A BILL

TO AMEND ACT 280 OF 1979, RELATING TO THE TAX LEVY FOR RICHLAND AND LEXINGTON COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1991, A SCHOOL TAX FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICT 1 MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICT.

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

PART I

Citation

This act may be cited as the Richland County School District Property Tax Limitation and Referendum Act of 1991.

PART II

Limited Fiscal Autonomy for Richland County

School District 1

SECTION 1. Section 2 of Act 280 of 1979 is amended to read:

"Section 2. Notwithstanding any other provision of law, no uniform countywide tax levy for school purposes for Richland County shall be levied after the tax year 1978. Instead, the school tax levy for Richland-Lexington School District 5 shall be determined by the board of trustees thereof and the school tax levy for Richland County School Districts 1 and District 2 shall must be determined by the Richland County Council based on the requirements of the South Carolina Education Finance Act of 1977 and based on any other additional funding deemed considered necessary by the board or county council. Effective with the fiscal year beginning July 1, 1991, and thereafter the school tax levy for general operating purposes for Richland County School District 1 must be determined by the board of trustees of the district, provided that the budget for general operating purposes for School District 1 may not be increased more than five percent from the previous fiscal year plus an amount necessary to cover the inflationary percentage required by the Education Finance Act unless the increase is approved by the qualified electors of the district voting in a referendum. The Board of Trustees of School District 1 may seek this approval and the cost of the referendum must be borne by the district If a referendum is conducted pursuant to the provisions of this section, another referendum may not be held for a period of three years."

SECTION 2. All powers of the Richland County Board of Education and Superintendent of Education which were devolved upon the Richland County Council, pursuant to the provisions of Act 140 of 1969, are devolved upon the school boards of Richland County School Districts 1 and 2.

PART III

Referendum Required Before Alteration

of School District

Section 4 of Act 140 of 1969, as last amended by Act 611 of 1984, is further amended to read:

"Section 4. Any appointments, actions, or duties required of the Richland County Board of Education or the County Superintendent of Education which are not specifically devolved upon the Richland County Council are devolved upon the council on June 30, 1969. The Council may, in turn, delegate such actions and duties to the appropriate county or school district agency. Notwithstanding any other provision of law, merger or alteration of the boundaries within Richland County of the school districts situated in whole or in part in Richland County may be accomplished only by a majority vote approving the merger or the altered boundary lines by the members of the Richland County Legislative Delegation elected and serving at the time of the vote. The Richland County Legislative Delegation may by resolution provide for an advisory referendum to be conducted in a manner it determines to be appropriate prior to acting on any proposed merger or alteration of boundary lines of school districts. The expense of the referendum must be borne equally by the districts affected The provisions of this section only affect those electors residing in the Richland County portion of Richland-Lexington School District 5 and do not affect electors residing in the Lexington County portion of Richland-Lexington School District 5. Before any action is taken on the alteration of a school district boundary in Richland County, a referendum must be conducted in each school district. The qualified electors of each district, voting separately, shall approve an alteration of a district. The expense of the referendum must be borne equally by the districts affected. The referendum may be initiated by a petition signed by fifteen percent of the qualified electors of each school district. The petition shall state the description of the alteration of the school district boundary. The referendum also may be initiated by a resolution of the governing body of both school districts. The petitions must be certified by the Richland County Election Commission. The commission shall conduct the election within one hundred twenty days of the certification of the petition. However, if, at the time the petition is certified, there are more than four months but less than twelve months until the next general election, the referendum must be conducted at the time of the next general election. The ballot in the referendum must state the description of the alteration of the school district boundary. The referendum is not binding unless a majority of the qualified electors in each school district voting separately approve the alteration of the district. The Richland County Election Commission shall conduct the referendum in accordance with the election laws of this State mutatis mutandis."

PART IV

Boards to Comply with the

State Procurement Code

Notwithstanding the provisions of Section 11-35-70, Code of Laws of South Carolina, 1976, the school districts of Richland County are subject to the provisions of Chapter 35, Title 11 of the 1976 Code. They shall adopt a procurement procedure which substantially complies with the provisions of Chapter 35 of Title 11 of the 1976 Code by January 1, 1992.

PART V

Notice of Public Hearings for

Proposed Budgets

SECTION 1. The governing bodies of the school districts of Richland County shall give notice in a newspaper of general circulation in the county at least thirty days before a public hearing being conducted on the proposed budgets for the ensuing fiscal year. Each district is required to conduct not less than three public hearings before adopting the budget.

SECTION 2. The governing bodies of the school districts of Richland County shall adopt and publish the final budget by June thirtieth of each year. Copies of the budgets must be made available to the public at the time of publication.

PART VI

This act takes effect upon approval by the Governor.

-----XX-----