COLUMBIA - The Senate voted Monday to take over responsibility for all school funding by June 30, 2009.
The constitutional amendment could still fail, however, because it's rolled into the vast property tax bill senators have been debating for more than three weeks.
Once again on Monday, the Senate voted to adjourn without taking a final vote on the property tax bill, which, for now at least, features a half-cent increase on the sales tax statewide and would give counties the option to increase the sales tax even further in exchange for a reduction in property taxes.
But lawmakers who had pushed the Senate to deal immediately with school funding won a battle Monday, convincing their fellow senators to pass a provision that would eliminate local governments' authority to "assess or collect real or personal property taxes for school operating purposes" in 2009.
The state then would be responsible for the "full funding" of local schools.
Sen. Jim Ritchie, R-Spartanburg, said the measure lacked details, would require a tax increase and would end South Carolina's chances of recovering its AAA credit rating.
"Don't buy something that you don't know how it's going to work," Mr. Ritchie urged the Senate.
Sen. Larry Grooms, R-Bonneau, said the provision doesn't require a tax increase and details can be worked out. It simply commits the General Assembly to fix school funding, something lawmakers in both the House and the Senate repeatedly have said needs to be done, Mr. Grooms said.
The measure passed Monday, but it's still dependent upon the final passage of the overall property tax plan. Last Thursday, senators voted to give the property tax plan a second reading. But bills require a third reading before they can be passed on to the other chamber - and that's where the bill is stuck.
Critics of the legislation argued that, to become law, the local option sales tax portion requires a change to the state constitution. That would mean two-thirds of the Senate, or 31 senators, would have to approve the bill for it to pass back to the House.
Senate President Pro Temp Glenn McConnell ruled, however, that the bill is worded so that the approval of the local option sales tax is contingent upon a separate constitutional amendment.
So, this bill, Mr. McConnell said, only requires a simple majority of those present and voting to pass.
The Senate eventually voted to delay a final vote until today.
And there's still an effort by some lawmakers to push the bill back to second reading so that it can be changed.
"I don't think this plan is the best plan for our taxpayers," said Sen. Greg Ryberg, R-Aiken.
With the session scheduled to end June 1, Mr. Ritchie said the Senate is running out of time.
"I think it's pretty obvious there's a whole-scale effort to kill the bill," he said.
If the Senate does approve a property tax bill, the legislation still must be reconciled with the House version, which would eliminate most property taxes on owner-occupied homes by increasing the statewide sales tax from 5 cents to 7 cents.
Reach Kirsten Singleton at (803) 414-6611 or kirsten.singleton@morris.com.
AHEAD THIS WEEK
- A House subcommittee is scheduled to vote on the "Sex Offenders Accountability and Protection of Minors Act of 2006," which includes a provision to allow the death penalty for some sex offenders.
- A Senate subcommittee will consider requiring a study of the viability of an inland intermodal port near the intersection of Interstates 95 and 26.
- The Senate will take off Wednesday to observe Confederate Memorial Day.