H 3237 General Bill, By Leach, Altman and Simrill

Similar(H 3238)
 A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY,
 SO AS TO PROVIDE FOR A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, TO PROVIDE
 THAT THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS SHALL ADJOURN SINE DIE NOT
 LATER THAN 5:00 P.M. ON THE FIRST THURSDAY IN MAY, TO PROVIDE THAT IN AN
 ODD-NUMBERED YEAR BEGINNING IN 2005 IN WHICH THE BIENNIAL STATE GENERAL
 APPROPRIATIONS ACT IS GIVEN THIRD READING BEFORE MARCH THIRTY-FIRST BY THE
 HOUSE OF REPRESENTATIVES, THE DATE OF SINE DIE ADJOURNMENT FOR THAT YEAR IS
 SHORTENED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY BEFORE MARCH
 THIRTY-FIRST THAT THE ACT IS GIVEN THIRD READING BY THE HOUSE OF
 REPRESENTATIVES; AND TO AMEND SECTION 2-7-60, RELATING TO THE ANNUAL GENERAL
 APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 2005 SESSION FOR
 THE ENSUING TWO FISCAL YEARS, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL
 STATE GENERAL APPROPRIATIONS ACT, AND TO REQUIRE THE GOVERNOR AND THE GENERAL
 ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES TO USE A "ZERO-BASE" BUDGET
 PROCESS IN THE PREPARATION OF THE BIENNIAL STATE GENERAL APPROPRIATIONS ACT,
 AND TO PROVIDE FOR CERTAIN CRITERIA WHICH MUST BE USED IN THIS ZERO-BASE
 BUDGET PROCESS.

   12/18/02  House  Prefiled
   12/18/02  House  Referred to Committee on Ways and Means
   01/14/03  House  Introduced and read first time HJ-97
   01/14/03  House  Referred to Committee on Ways and Means HJ-98

TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS SHALL ADJOURN SINE DIE NOT LATER THAN 5:00 P.M. ON THE FIRST THURSDAY IN MAY, TO PROVIDE THAT IN AN ODD-NUMBERED YEAR BEGINNING IN 2005 IN WHICH THE BIENNIAL STATE GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BEFORE MARCH THIRTY-FIRST BY THE HOUSE OF REPRESENTATIVES, THE DATE OF SINE DIE ADJOURNMENT FOR THAT YEAR IS SHORTENED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES; AND TO AMEND SECTION 2-7-60, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 2005 SESSION FOR THE ENSUING TWO FISCAL YEARS, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO REQUIRE THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES TO USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR CERTAIN CRITERIA WHICH MUST BE USED IN THIS ZERO-BASE BUDGET PROCESS.

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

SECTION    1.    Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180.    Except as otherwise provided in this section, the regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in June in odd-numbered years and not later than 5:00 p.m. on the first Thursday in May in even-numbered years. In any a year that the House of Representatives fails to give third reading to the annual general appropriation appropriations bill by March thirty-first in odd-numbered years, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first that the House of Representatives fails to give the bill third reading. In an odd-numbered year beginning in 2005 in which the biennial general appropriations act is given third reading before March thirty-first by the House of Representatives, the date of sine die adjournment for that year is shortened by one statewide day for each statewide day before March thirty-first that the act is given third reading by the House of Representatives. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first Thursday in June or the first Thursday in May as applicable and the extended sine die adjournment date, as set forth herein in this section, no legislation or other business may be considered except the state general appropriation appropriations bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."

SECTION    2.    Section 2-7-60 of the 1976 Code is amended to read:

"Section 2-7-60.    (A)    The General Assembly shall annually provide for all expenditures in the general appropriations act and the appropriations made for any a department, institution, board, or commission shall must be in a definite sum for each purpose or activity with such that itemization under the activity as may be deemed considered necessary by the General Assembly.

(B)    Beginning with its 2005 session for the ensuing two fiscal years and in each session every two years after 2005 for the two fiscal years next ensuing, the General Assembly shall enact a biennial state general appropriations act in a form and under conditions as it considers appropriate. On July 1, 2005, and thereafter, the term 'annual state general appropriations act' or any similar variations of this term as contained in a provision of law must be construed to mean the biennial state general appropriations act.

(C)    The Governor and the General Assembly including its appropriate committees shall use a 'zero-base' budget process in the preparation of the biennial state general appropriations act beginning in 2005.

(D)    Nothing in this section prevents the General Assembly from enacting a supplemental appropriations bill or a capital reserve fund appropriations bill in the manner authorized by law in even-numbered years."

SECTION    3.    This act takes effect upon approval by the Governor.