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A104, R115, S771
STATUS INFORMATION
General Bill
Sponsors: Senator Hutto
Document Path: l:\council\bills\cc\16032zw21.docx
Introduced in the Senate on April 27, 2021
Introduced in the House on May 11, 2021
Last Amended on June 9, 2021
Passed by the General Assembly on June 21, 2021
Governor's Action: June 24, 2021, Signed
Summary: Consolidation of Bamberg School District 1 with Bamberg School District 2
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/27/2021 Senate Introduced, read first time, placed on local &
uncontested calendar (Senate Journal-page 3)
4/28/2021 Scrivener's error corrected
5/4/2021 Senate Amended (Senate Journal-page 8)
5/5/2021 Senate Read second time (Senate Journal-page 33)
5/6/2021 Senate Read third time and sent to House
(Senate Journal-page 16)
5/11/2021 House Introduced and read first time (House Journal-page 13)
5/11/2021 House Referred to Bamberg Delegation (House Journal-page 13)
6/8/2021 House Delegation report: Favorable Bamberg Delegation
(House Journal-page 3)
6/9/2021 House Amended (House Journal-page 15)
6/9/2021 House Read second time (House Journal-page 15)
6/9/2021 House Roll call Yeas-97 Nays-3 (House Journal-page 20)
6/10/2021 Scrivener's error corrected
6/21/2021 House Read third time and returned to Senate with amendments
(House Journal-page 20)
6/21/2021 Senate Concurred in House amendment and enrolled
(Senate Journal-page 10)
6/21/2021 Ratified R 115
6/24/2021 Signed By Governor
7/12/2021 Effective date 07/24/21
7/12/2021 Act No. 104
View the latest legislative information at the website
VERSIONS OF THIS BILL
4/27/2021
4/27/2021-A
4/28/2021
5/4/2021
6/8/2021
6/9/2021
6/10/2021
(A104, R115, S771)
AN ACT TO CONSOLIDATE BAMBERG-EHRHARDT SCHOOL DISTRICT ONE (ALSO KNOWN AS BAMBERG SCHOOL DISTRICT ONE) AND DENMARK-OLAR SCHOOL DISTRICT TWO (ALSO KNOWN AS BAMBERG SCHOOL DISTRICT TWO) INTO ONE SCHOOL DISTRICT TO BE KNOWN AS THE BAMBERG COUNTY SCHOOL DISTRICT; TO ABOLISH BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO ON JULY 1, 2022; TO PROVIDE THAT THE BAMBERG COUNTY SCHOOL DISTRICT MUST BE GOVERNED BY A BOARD OF TRUSTEES CONSISTING OF NINE MEMBERS, WHICH INITIALLY MUST BE APPOINTED BY THE BAMBERG COUNTY LEGISLATIVE DELEGATION, TO PROVIDE THAT BEGINNING IN 2024, THE INITIAL NINE-MEMBER APPOINTED BOARD SHALL BEGIN THE PROCESS OF TRANSITIONING TO A NINE-MEMBER ELECTED BOARD OF TRUSTEES BY ELECTING FOUR MEMBERS TO SERVE FOUR-YEAR TERMS FROM SINGLE-MEMBER ELECTION DISTRICTS 2, 4, 6, AND 8 IN NONPARTISAN ELECTIONS TO BE CONDUCTED AT THE SAME TIME AS THE 2024 GENERAL ELECTION; TO ESTABLISH CONTINUITY OF LEADERSHIP PROVISIONS BY REQUIRING THE BAMBERG COUNTY LEGISLATIVE DELEGATION TO SELECT FIVE MEMBERS FROM THE INITIAL NINE-MEMBER APPOINTED BOARD TO SERVE ALONGSIDE THE FOUR MEMBERS ELECTED IN 2024 UNTIL THE FIVE APPOINTED MEMBERS' SUCCESSORS ARE ELECTED TO SERVE FOUR-YEAR TERMS FROM SINGLE-MEMBER ELECTION DISTRICTS 1, 3, 5, 7, AND 9 IN NONPARTISAN ELECTIONS TO BE CONDUCTED AT THE SAME TIME AS THE 2026 GENERAL ELECTION, AND, THEREAFTER, TO PROVIDE THAT MEMBERS OF THE BAMBERG COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN SCHOOL DISTRICT ELECTIONS TO BE CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION FOR TERMS OF FOUR YEARS AND UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, EXCEPT AS PROVIDED IN THIS ACT TO STAGGER THE MEMBERS' TERMS; TO ESTABLISH THE BOARD'S POWERS, DUTIES, AND RESPONSIBILITIES; TO PROVIDE THAT THE DISTRICT SUPERINTENDENT IS THE CHIEF OPERATING OFFICER OF THE DISTRICT AND IS 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; TO ESTABLISH INTERIM MILLAGE PROVISIONS UNTIL 2027 WHEN THE BAMBERG COUNTY SCHOOL DISTRICT SHALL ASSUME TOTAL FISCAL AUTONOMY; TO TRANSFER THE ASSETS AND LIABILITIES OF BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO TO THE BAMBERG SCHOOL DISTRICT ON JULY 1, 2022; AND TO REPEAL ALL LOCAL ACTS INCONSISTENT WITH THE PROVISIONS OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Bamberg-Ehrhardt School District One and Denmark-Olar School District Two consolidated
SECTION 1. (A) Notwithstanding another provision of law:
(1) on the effective date of this act Bamberg-Ehrhardt School District One (also known as Bamberg School District One) and Denmark-Olar School District Two (also known as Bamberg School District Two), hereinafter referred to as the two present school districts shall commence all prudent and essential preparations necessary to achieve an efficient and well-organized consolidation of the two districts;
(2) effective July 1, 2022, the two present school districts must be abolished. The powers and duties of the two present school districts' respective boards of trustees must be devolved on the board of trustees of the consolidated school district to be known as the Bamberg County School District, which shall consist of the combined geographic area encompassed by the two present school districts as they existed on the effective date of this act; and
(3) pursuant to Section 59-17-100:
(a) the two present school districts are required to submit their 2022 annual audit reports to the State Department of Education on or before December 1, 2022; and
(b) the Bamberg County School District must submit its initial audit report to the State Department of Education on or before December 1, 2023.
(B) In order to facilitate the efficient consolidation of the two present school districts, the members of the districts' respective boards of trustees and their superintendents, administrators, and personnel shall cooperate fully with the Bamberg County Legislative Delegation and delegation staff, the initial nine-member appointed board of trustees for the Bamberg County School District, and the South Carolina Department of Education officials assisting with the consolidation. In addition, after the effective date of this act, the two present school districts may not:
(1) create new full-time or part-time district-level positions;
(2) approve, award, or authorize any salary increases, raises, bonuses, or severance pay or separation incentives of any type;
(3) create or incur new bonded indebtedness, except as set forth in SECTION 6(C);
(4) approve requests for planned out-of-state travel or requests for reimbursement for planned out-of-state travel, unless the nine-member Bamberg County School District Board of Trustees created pursuant to SECTION 2 of this act has approved the requests, or for matters needing decision prior to that board's creation, approval by the legislative delegation; or
(5) make any significant district purchases unless the nine member Bamberg County School District Board of Trustees created pursuant to SECTION 2 of this act has approved the purchase. For purposes of this item, "significant district purchase" means any district purchase in excess of fifty thousand dollars. The provisions of this item do not apply to essential district purchases directly related to student health or safety.
(C) Any current district-level administrator for either of the two present school districts whose position will be eliminated due to the creation of an equivalent position in the consolidated district has priority consideration for the equivalent position if the administrator remains in his role at the time of hiring for the consolidated district and desires to be considered for the new position. Priority consideration is limited to review of an application for employment, or an interview; however, priority consideration does not mean that a position with the consolidated district must be offered. For purposes of this subsection, "current" means as of the effective date of this act, and "district level administrator" includes superintendents, chief academic officers, associate superintendents, assistant superintendents, and district directors. Position equivalency must be determined based on the position's title and responsibilities.
Bamberg County School District Board of Trustees initial appointments, elections
SECTION 2. (A) The Bamberg County School District must be governed initially by a board of trustees of nine members to be appointed by a majority of the Bamberg County Legislative Delegation. The nine members initially appointed by the legislative delegation after the effective date of this act must be qualified electors of either Bamberg-Ehrhardt School District One or Denmark-Olar School District Two, and these appointed members shall serve on the Bamberg County School District Board of Trustees until four trustees have been duly elected and qualify in school district elections held at the same time as the 2024 General Election pursuant to the provisions of this section. These four trustees must be elected from defined single-member election districts to be established in subsequent legislation enacted after the release of pertinent demographic data obtained in the 2020 decennial census, but prior to the opening of the filing period for the 2024 school district elections.
(B)(1) Beginning in 2024, four members of the Bamberg County School District Board of Trustees must be elected from single-member districts provided for by the General Assembly in nonpartisan elections to be conducted at the same time as the general election and every four years thereafter, except as may be provided to stagger the members' terms. The four candidates elected in the 2024 school district elections must be elected from election districts 2, 4, 6, and 8 and shall serve four-year terms and until their successors are elected and qualify. Each of these four members and their successors must be a qualified elector of the election district from which he is elected. Beginning in 2026, five additional members of the Bamberg County School District Board of Trustees must be elected from election districts 1, 3, 5, 7, and 9 in nonpartisan elections to be conducted at the same time as the general election and every four years thereafter, except as may be provided to stagger the members' terms. The five candidates elected in the 2026 school district elections shall serve four-year terms and until their successors are elected and qualify. Each of these five members and their successors must be a qualified elector of the election district from which he is elected. In order to provide continuity of experienced leadership to the district, when the four duly elected trustees from election districts 2, 4, 6, and 8 take office following the 2024 school district elections, a majority of the Bamberg County Legislative Delegation shall select five members from the initial nine-member appointed board of trustees to serve as school district trustees together with the four elected members, and the terms of the remaining appointed trustees not selected to serve with the four elected members must be terminated. The five members of the initial nine-member appointed board selected to serve alongside the four elected members shall serve until their successors are elected in school district elections conducted at the same time as the 2026 General Election and qualify.
(2)(a) The four trustees elected from districts 2, 4, 6, and 8 in the 2024 school district elections shall serve four-year terms and until their successors are elected and qualify, and the successors to these members must be elected in nonpartisan school district elections to be conducted at the same time as the 2028 General Election. The trustees elected in the 2028 school district election and their successors shall serve four-year terms and until their successors are elected and qualify.
(b) Pursuant to item (1) of this subsection, the five members of the initial nine-member appointed board selected by the Bamberg County Legislative Delegation to serve alongside the four elected members shall serve until their successors are elected from districts 1, 3, 5, 7, and 9 in school district elections conducted at the same time as the 2026 General Election and qualify. At such time, the terms of the five appointed members shall terminate. The five trustees elected from districts 1, 3, 5, 7, and 9 in the 2026 school district elections and their successors shall serve four-year terms and until their successors are elected and qualify. Thereafter, members of the Bamberg County School District Board of Trustees must be elected in nonpartisan school district elections to be conducted at the same time as the general election for terms of four years and until their successors are elected and qualify.
(3) Whenever a vacancy occurs in office, by reason of death, resignation, or removal, the vacancy in office shall be filled by a special election to complete the term of office, which special election shall be held in accordance with Section 7-13-190.
(C) All persons desiring to qualify as a candidate for the Bamberg County School District Board of Trustees shall file written notice of candidacy with the Bamberg County Board of Voter Registration and Elections on forms furnished by the board. The filing period shall open at 12:00 p.m. on August first or, if August first falls on Saturday or Sunday, then 12:00 p.m. on the following Monday and shall run until 12:00 p.m. on August fifteenth or, if August fifteenth falls on Saturday or Sunday, no later than 12:00 p.m. on the following Monday. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, address, voting precinct, period of residence in the county, and other information that the board requires. The Bamberg County Board of Voter Registration and Elections shall conduct and supervise the elections for members of the Bamberg County School District Board of Trustees in the manner governed by the election laws of this State, mutatis mutandis. The board 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 board shall publish notices of the elections pursuant to Section 7-13-35. The results of the elections must be determined by the nonpartisan plurality method contained in Section 5-15-61. The members of the Bamberg County School District Board of Trustees elected in these nonpartisan elections shall take office one week following certification of their election pursuant to Section 59-19-315.
Board of Trustees' duties, powers, and responsibilities
SECTION 3. (A) The members of the Bamberg County School District Board of Trustees shall elect a chairman and other officers they consider necessary for terms that are coterminous with their appointed or elected terms of office.
(B) The Bamberg County School District Board of Trustees has the power, duty, and responsibility provided by law including to:
(1) employ a superintendent as the chief executive officer;
(2) establish other administrative departments upon the recommendation of the superintendent;
(3) adopt the annual school district budget;
(4) inquire into the conduct of an office, department, or agency of the school district;
(5) adopt and modify attendance zones of schools within the school district;
(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;
(9) be responsible for policymaking action and the review of regulations established to put these policies into operation; and
(10) set by majority vote of the board a salary that each member shall receive for attending meetings of the board, which may not exceed five hundred dollars per month, with the exception of the chair whose salary may not exceed seven hundred dollars per month, and the vice chair whose salary may not to exceed six hundred dollars per month.
(C) Bamberg County School District Board of Trustees shall be reimbursed for mileage and other related expenses in traveling to conduct district business.
School district superintendent, duties and responsibilities
SECTION 4. The district superintendent is the chief operating officer of the district and is 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. He shall:
(1) appoint and, when necessary for the good of the district, remove an appointed officer or employee of the district and fix the salaries of these officers and employees, unless otherwise provided by law and except as he may authorize the head of a department or office to appoint and remove subordinates in the department or office;
(2) prepare the budget annually, submit it to the board, and be responsible for its administration after adoption;
(3) prepare and submit to the board at the end of each fiscal year a complete annual report on the finances and administrative activities of the board for the preceding year and make other financial reports from time to time that may be required by the board or by law;
(4) keep the board advised of the financial condition and future needs of the district and make recommendations that seem desirable;
(5) perform other duties prescribed by law or required of him by the board not inconsistent with the provisions of law; and
(6) centralize all administrative functions including, but not limited to, human resources, accounting, procurement, transportation, school bus services, and maintenance.
Preparation of annual budget
SECTION 5. (A) For purposes of determining the 2022 property tax millage levy of the Bamberg County School District upon its creation, the millage levy for the district must be determined and calculated by the Department of Revenue based on the 2021 levy of the two present school districts and the value of a mill in each district. Thereafter, the millage levy for property tax years 2023, 2024, 2025, and 2026 must be the millage levy for the previous year. To the allowed millage levy may be added any millage determined by the Department of Revenue necessary to comply with educational mandates imposed by federal or state law.
(B) Beginning in 2027, the Bamberg County School District is vested with total fiscal autonomy. In order to obtain funds for school purposes the board of trustees is authorized to impose an annual tax levy, exclusive of any millage imposed for bond debt service. Upon certification by the board of trustees to the county auditor of the tax levy to be imposed, the auditor shall levy and the county treasurer shall collect the millage so certified upon all taxable property in the district. The consolidated school district may raise its millage by no more than two mills over that levied for the previous year, in addition to any millage needed to adjust for the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030. An increase above this two mills for operations may be levied only after a majority of the registered electors of the district vote in favor of the millage increase in a referendum called by the district board of trustees and conducted by the county board of voter registration and elections. If the school district calls for the referendum provided for in this subsection to be held at any time other than at the general election conducted pursuant to Section 7-13-10 then the school district shall pay the cost of the referendum. To the extent the provisions of this section relating to increases in school millages conflict with the provisions of Section 6-1-320, relating to the millage rate increase limitation, the provisions of Section 6-1-320 control.
Assets and liabilities of the two present districts transferred to the consolidated district on July 1, 2022
SECTION 6. (A)(1) On July 1, 2022, the assets and liabilities of the two present school districts must be transferred to the Bamberg County School District. The records and employees of the two present school districts must be transferred to and, if applicable, assumed by the consolidated school district.
(2) Any funds under paragraph 1.88(A), Part I(B) of Act 91 of 2019 to support school district consolidation and related purposes in certain specified school districts, which have been distributed to or which are to be made available to the two present school districts must be transferred to or made available to Bamberg County School District to be used for the same purposes.
(B) The constitutional debt limitation on the issuance of general obligation bonds applicable to the Bamberg County School District is to be computed according to the law of this State and based on the assessed value of all taxable property in the district minus that bonded indebtedness of each of the present school districts made a part of the district that was includable against the constitutional debt limit of the present school districts.
(C)(1) During the transition period, which begins on the effective date of this act and runs until July 1, 2022, no new general obligation bonds may be issued against the constitutional debt limitation of the two present school districts unless such general obligation bonds are scheduled to mature and be paid in full prior to July 1, 2022. Bond anticipation notes and tax anticipation notes may be issued during the transition period by the two present school districts only if such notes are scheduled to mature and be paid in full prior to July 1, 2022.
(2) During the transition period, which begins on the effective date of this act and runs until July 1, 2022, no new general obligation bonds maturing on or after July 1, 2022, may be issued against the constitutional debt limitation of the two presents school districts, except in the case of an emergency. If new general obligation bonds are issued, then the board of trustees of the issuing school district must adopt a resolution declaring the emergency and specifying the necessity of the issue.
Two present school districts abolished on July 1, 2022
SECTION 7. (A) The two present school districts are abolished on July 1, 2022, at which time the Bamberg County School District must be established as provided in this act. The terms of all members of the boards of trustees of the two present school districts of the county will expire on this date. However, the members of the consolidated school district board of trustees appointed after the effective date of this act shall take office on the date they take the oath of office. From this date and until July 1, 2022, the boards shall organize, begin planning for the changeover to the consolidated district, enter into contracts to effectuate these purposes, and perform other related matters, except that the responsibility and authority to manage the schools of the two present school districts rests solely with the individual boards for each of the two present school districts until July 1, 2022, and the appointed consolidated board of trustees may not interfere with this authority.
(B) Funding for the activities of the appointed consolidated board of trustees, from the date the members assume office until July 1, 2022, must be paid from funds provided to the Bamberg County School District by the State Department of Education for this purpose.
(C)(1) After the effective date of this act, a member of one of the two present school districts' governing boards may:
(a) be appointed to the Bamberg County School District Board of Trustees; or
(b) seek election to the Bamberg County School District Board of Trustees.
(2) If a member of one of the present boards is either appointed or elected to the Bamberg County School District Board of Trustees pursuant to item (1):
(a) prior to assuming his new duties on the consolidated school district board of trustees, he must first resign as a member of the present board; and
(b) notwithstanding another provision of law, the vacancy on the present board must be filled for the remainder of the unexpired term by appointment of the county legislative delegation.
All inconsistent local acts repealed on July 1, 2022
SECTION 8. All local acts concerning Bamberg-Ehrhardt School District One and Denmark-Olar School District Two inconsistent with the provisions of this act are repealed as of July 1, 2022, it being the intent of the General Assembly to have this act and the general law be the only provisions of law governing the school district of the county.
Severability
SECTION 9. If any provision of this act for any reason is held by a court of competent jurisdiction to be unconstitutional or invalid, that holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly declares that it would have passed this act and each and every provision in it, irrespective of the fact that any one or more provisions of it may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 10. This act takes effect thirty days after approval by the Governor.
Ratified the 21st day of June, 2021.
Approved the 24th day of June, 2021.
This web page was last updated on July 28, 2021 at 11:26 AM