Printed Page 3330, May 29
| Printed Page 3350, May 29
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Printed Page 3330, May 29
| Printed Page 3350, May 29
| There was no objection.
Senator MATTHEWS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senators MATTHEWS and HUTTO proposed the following amendment (S-EDUC\1375.07), which was adopted:
Amend the bill, as and if amended, by striking all of SECTIONS 3 through 8 and inserting:
/SECTION 3. (A) There is also established an Orangeburg County Board of Education on July 1, 1997. The county board of education shall consist of seven members elected in nonpartisan elections beginning in 1997 from the same seven single-member election districts as are members of the governing body of the county. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of the board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday in November every two or four years thereafter as applicable beginning in 1999. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1997, the four members elected with the largest number of votes shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the three members elected with the fewest number of votes shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of the county board shall serve until their successors are elected and quality.
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code.
The county commissioners of election shall conduct and supervise the elections for members of the county board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
(B) The primary role of the county board of education shall be to equalize funding among the three consolidated districts in the manner provided by this act.
(C) The county board of education shall have only those powers, duties, and functions as provided in this act and not as provided by the general law, all of the other powers, duties, and functions being reserved to the boards of the particular consolidated school districts.
(D) The county board of education shall serve as a fiscal agent to distribute the countywide school millage levy for operating and debt service purposes to the three consolidated school districts of the county as provided in this act.
(E) The county board of education also shall:
(1) serve as arbitrator in disputes concerning school district lines;
(2) receive a copy of each district's annual audit of its financial affairs;
(3) adopt a budget for the operations of the county board which at no time may in dollar terms exceed the value of one-half mill; and
(4) prescribe a uniform salary schedule for all certified teachers to be effective beginning with school year 1997-98.
(F) The county board of education, in consultation with the boards of the three consolidated school districts, shall review annually the impact of the formula established in SECTION 5 of this act and shall recommend revisions as necessary or shall develop a new formula to provide for the equalization of the districts' per pupil funding to within plus or minus five percent of the county average local and EFA revenue per pupil, taking into consideration any differences in local tax effort, within five years of the effective date if this act. The recommendations on the formula must
be presented to the county legislative delegation no later than March 30 of each year.
SECTION 4. (A) The board of trustees of each consolidated school district, before July first of each year beginning in 1997, shall prepare a school district budget for the ensuing school year. Before September second of each year beginning in 1997, the board shall notify the county auditor and treasurer in writing of the millage required for the operation of the schools in the district for the ensuing school year. The notice by the board constitutes authority for the levying and collection of the millage upon all of the real and personal property within the school district. The levy must be placed to the credit of the district and expended for the district. Beginning in 1997, a school district may raise its millage by not more than three mills over that levied for the previous year, adjusted for the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030 of the 1976 Code; however the millage increase above the EFA and EIA requirements must be approved by the county board. Any increase above the three mills may be levied only after a majority of the registered electors of the district voting in a referendum called by the county board and conducted by the county election commission vote in favor of the millage increase. However, Consolidated District Four shall be permitted to adjust millage to compensate for the loss of Education Finance Act funding attributable to the assessed valuation of the Cope Electric Generating Station. The amount of decrease in the Education Finance Act funding resulting from the generating station must be certified by the State Department of Education. This millage adjustment shall occur only once and shall be limited to the millage needed to replace the Education Finance Act funds.
(B) Each consolidated board shall hold a public hearing prior to its final approval of the budget for the district. Notice of these public hearings must be placed in a newspaper of general circulation in the district at least fifteen days before the public hearing.
(C) For purposes of 1997 only, the millage levied for the previous year of a consolidated district must be derived by dividing the total revenue raised in 1996 from school tax millage by each of the former school districts of the county now a part of that consolidated district by the total 1996 assessed value of all taxable property of those former districts less thirty mills.
SECTION 5. (A) Beginning with the year 1997, a countywide school tax millage levy of twenty-five mills for operating purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts on the following formula:
Step 1. Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 mills; equalize the next least wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 mills.
Step 5. The district with the lowest wealth per student is assigned one mill.
Step 6. Consolidated District Five will receive five mills for hold harmless purposes. These mills will be phased out by reducing the hold harmless mills by one each year beginning in 1998. The amount of hold harmless funds will be calculated by multiplying the value of a countywide mill times the number of hold harmless mills; less the district's equalized funds from the wealth pr student calculation; plus the district share of the mill assigned to the district with the lowest wealth per student.
Step 7. The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(B) Beginning with the year 1997, a countywide school tax millage levy of five mills for capital improvements or debt service purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts on the following formula:
Step 1. Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 mills; equalize the next least
wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 mills.
Step 5. The district with the lowest wealth per student is assigned one mill.
Step 6. The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(C) The county board of education shall make the determinations and allocations required by the formula established in this section.
(D) The county board of education, before July first of each year beginning in 1998, shall determine whether the countywide tax millage levy of twenty-five mills is sufficient to meet the five-year phase-in of equalization of funding. Before September second of each year, the board shall notify the county auditor and treasurer in writing of the increase in countywide millage required for the equalization of funding. The notice by the county board constitutes authority for the levying and collection of the increase in countywide millage upon all the real and personal property within the county. Beginning in 1998, the county board may raise the countywide millage by no more than three mills over that levied for the previous year. This millage shall be added to the formula as the county board determines best contributes to the phase-in of equalization.
(E) The county board shall hold a public hearing prior to its final approval of any increase in the countywide millage. Notice of these public hearing must be placed in a newspaper of general circulation in the county at least fifteen days before the public hearing.
(F) Notwithstanding the requirements of this section, if new construction and improvements are not exempted from any roll back millage requirement, the formula shall not be implemented until the millage can be adjusted to generate the projected revenue needed to fund the formula.
SECTION 6. The board of trustees of each consolidated district shall have the powers, duties, and responsibilities as are provided by law including:
(1) employ a superintendent as the chief executive officer;
(2) establish other administrative departments upon the recommendation of the superintendent;
(3) adopt the proposed budget of the school district;
(4) have the power to inquire into the conduct of any office, department, or agency of the school district;
(5) adopt and modify attendance zones of schools within the school district except that through school year 1998-99, existing attendance zones cannot be changed;
(6) provide for an independent annual audit of the books and business affairs of the school district and for a general survey of school district business;
(7) cooperate to establish and maintain a central purchasing system for the purchase of contractual services, equipment, and supplies;
(8) cooperate to establish and maintain educational consortia; and
(9) be responsible for policymaking action and the review of regulations established to put these policies into operation.
SECTION 7. (A) On July 1, 1997, the assets and liabilities of the eight present school districts shall be transferred to the respective consolidated district of which they are a part. The records and employees of the eight present school districts of the county must be transferred to and, if applicable, assumed by the consolidated school district of which they become a part.
(B) The constitutional debt limitation on the issuance of general obligation bonds applicable to consolidated districts is to 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 8. In creating the consolidated districts, it is anticipated that there will be savings in the total district level administrative costs from the former individual districts; therefore, district level administrative costs in each consolidated district will be no more than four percent of federal, state, and local revenues by July 1, 2000. Administrative costs shall be those defined in the State Department of Education financial analysis model./.
Amend title to conform.
Senator MATTHEWS explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEVENTIS, the Senate agreed to dispense with the Motion Period.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" (ABBREVIATED TITLE)
Senator MOORE asked unanimous consent to make a motion to take the Bill up for immediate consideration.
Senator BRYAN made a Parliamentary Inquiry as to whether or not Senator BRYAN could, at a later time, if the Bill became contested, place his name on the Bill as objecting to further consideration.
Senator MOORE spoke on the inquiry.
The PRESIDENT stated that if the unanimous consent request by Senator MOORE were agreed to, the Senate would be on H. 4706 until the Senate disposed of the matter.
Senator BRYAN objected.
On motion of Senator MOORE, with unanimous consent, the motion was withdrawn.
Senator ROSE asked unanimous consent to make a motion that H. 4706 be made a Special Order.
Senator BRYAN objected and Senator ROSE withdrew the motion.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1142--Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator McCONNELL, with unanimous consent, the Bill was read the second time, with notice of general amendments, carrying over all amendments to third reading.
H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT
PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator McCONNELL, with unanimous consent, the Bill was read the second time, with notice of general amendments, carrying over all amendments to third reading.
At 3:50 P.M., Senator WASHINGTON requested a leave of absence for the balance of the day.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
Printed Page 3330, May 29
| Printed Page 3350, May 29
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