South Carolina - Acts on Education Topics

An Act to Amend Section 34 of an Act Entitled "An Act to Declare the Free School Law of the State," Approved March 9, 1896.

February 13, 1900

Acts and Joint Resolutions of the General Assembly of South Carolina 1900, Pages 364-365.
Click Here to view the original Act of March 9, 1896.

Section 1. Be it enacted by the General Assembly of the State of Soutn Carolina, That section 34 of an Act entitled "An Act to declare the free school law of the State," approved March 9, 1896, be, and the same is hereby, amended by striking out said section, and inserting in lieu thereof the following, to be known as section 34:

"Section 34. That the voters or electors of any school district, who return real or personal property for taxation, are authorized to levy and collect an annual tax, to supplement any special or other constitutional or other tax for like purposes, in the following manner: upon the written petition or request of at least one-third of the resident electors and a like proportion of the resident freeholders of the age of twenty-one years, being filed with the County Board of Education, asking for the same and stating the rate of the tax levy proposed, which shall not exceed four mills. The said County Board of Education shall order the Board of Trustees of said school district to hold an election at some place within the district, after giving notice of the time and place thereof for at least two weeks in some newspaper published within the county, and by posting notice thereof in at least three public places within such school district, for such length of time, unless there he no newspaper published within the county, in which event the posting of the notices as above shall suffice. At which said election only such electors as return real or personal property for taxation, and who exhibit their tax receipts and registration certificates as required in general elections, shall be allowed to vote. At said election the Board of Trustees shall act as managers, and the election shall be conducted as is provided by law for the conduct of general elections. At said election each elector favoring the proposed levy shall cast a ballot containing the word "Yes," printed or written thereon, and each elector opposed to slaid levy shall cast a ballot containing the word "No," printed or written thereon. That within ten days after such election, if the majority of those voting shall vote for such levy; the Board of Trustees shall furnish the County Auditor with a statement of the amount so levied, and the Auditor shall enter the same in the tax duplicates; and he shall annually, each year thereafter, enter said amount in the tax duplicates until the same is increased, decreased or repealed by said taxpayers, at an election called for that purpose, and he is notified that the same has been increased, decreased or repealed; and if increased or decreased, he shall annually enter it as before; which election shall be called and notice given in the same way and manner as is herein provided for the calling of meetings to make the levy and the giving of the notice that it has been made; and the County Treasurer shall collect the same as other county and State taxes. Such levy shall be a lien on the property in such school district, which shall be subject thereto in case of default of payment. That said tax so collected shall be paid out by the County Treasurer upon warrants drawn by the Board of Trustees, countersigned by the County Superintendent of Education: Provided, That any surplus of such levy remaining in the hands of the County Treasurer at the expiration of any fiscal year shall be paid out as other school funds of the district. Each taxpayer, when he pays any tax for school purposes voted under the provision of this section, shall have the right to designate to which school in said school district he wishes the money paid by him to go; and the Treasurer shall keep a note of such designation, and the money be applied as thus designated. When no designation is made by the taxpayer at the time of such payment, the money shall be expended as other school funds in such district: Provided, That nothing herein contained shall be construed to change the manner now provided by law for the collection and paying out of special taxes in any school district now established by any special Act of the General Assembly and organized thereunder."

Approved the 13th Day of February, A.D. 1900.

Miles B. McSweeney, Governor.
Robert B. Scarborough, Lt. Governor and President of the Senate.
Frank Boyd Gary, Speaker of the House

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