S 1321 Session 111 (1995-1996)
S 1321 General Bill, By Senate Judiciary
A Bill to amend Section 2-1-180, as amended, Code of Laws of South Carolina,
1976, relating to the adjournment of the General Assembly, so as to provide
that the General Assembly must adjourn on the first Thursday in June and shall
remain adjourned subject to the joint call of the Speaker of the House of
Representatives and the President Pro Tempore of the Senate under certain
circumstances; to amend Section 11-9-20, as amended, relating to persons
charged with the disbursement of state funds appropriated by the General
Assembly, so as to provide that transfers of appropriations may not exceed a
specified percentage of an agency's total gross appropriation as set forth in
the General Appropriation Act; to amend Section 11-9-890, relating to
delineation of fiscal year revenue estimates by quarters, so as to provide
that if at the end of the first quarter of a fiscal year, the quarterly
projections are three percent or more below the amounts projected for that
quarter by the Board of Economic Advisors, the Budget and Control Board must
immediately notify the Speaker of the House of Representatives and the
President Pro Tempore of the Senate in writing of this determination; and to
add Section 2-1-187, so as to provide that if a court of competent
jurisdiction invalidates a redistricting plan for either the Senate or the
House of Representatives or the State's Congressional Districts while the
General Assembly is not in session, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate must jointly call
the General Assembly back into regular session for certain purposes.
04/03/96 Senate Introduced, read first time, placed on calendar
without reference SJ-4
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 3, 1996
S. 1321
Introduced by Judiciary Committee
S. Printed 4/3/96--S.
Read the first time April 3, 1996.
A BILL
TO AMEND SECTION 2-1-180, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO
PROVIDE THAT THE GENERAL ASSEMBLY MUST
ADJOURN ON THE FIRST THURSDAY IN JUNE AND SHALL
REMAIN ADJOURNED SUBJECT TO THE JOINT CALL OF
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND
THE PRESIDENT PRO TEMPORE OF THE SENATE UNDER
CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-9-20,
AS AMENDED, RELATING TO PERSONS CHARGED WITH
THE DISBURSEMENT OF STATE FUNDS APPROPRIATED BY
THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT
TRANSFERS OF APPROPRIATIONS MAY NOT EXCEED A
SPECIFIED PERCENTAGE OF AN AGENCY'S TOTAL GROSS
APPROPRIATION AS SET FORTH IN THE GENERAL
APPROPRIATION ACT; TO AMEND SECTION 11-9-890,
RELATING TO DELINEATION OF FISCAL YEAR REVENUE
ESTIMATES BY QUARTERS, SO AS TO PROVIDE THAT IF
AT THE END OF THE FIRST QUARTER OF A FISCAL YEAR,
THE QUARTERLY PROJECTIONS ARE THREE PERCENT OR
MORE BELOW THE AMOUNTS PROJECTED FOR THAT
QUARTER BY THE BOARD OF ECONOMIC ADVISORS, THE
BUDGET AND CONTROL BOARD MUST IMMEDIATELY
NOTIFY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE
OF THE SENATE IN WRITING OF THIS DETERMINATION;
AND TO ADD SECTION 2-1-187, SO AS TO PROVIDE THAT
IF A COURT OF COMPETENT JURISDICTION INVALIDATES
A REDISTRICTING PLAN FOR EITHER THE SENATE OR
THE HOUSE OF REPRESENTATIVES OR THE STATE'S
CONGRESSIONAL DISTRICTS WHILE THE GENERAL
ASSEMBLY IS NOT IN SESSION, THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO
TEMPORE OF THE SENATE MUST JOINTLY CALL THE
GENERAL ASSEMBLY BACK INTO REGULAR SESSION FOR
CERTAIN PURPOSES.
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. (A) 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 and
shall remain adjourned subject to the joint call of the Speaker of the
House of Representatives and the President Pro Tempore of the
Senate. In any a year that the House of
Representatives fails to give third reading to the annual General
Appropriation Bill general appropriation bill by March
thirty-first, the date of sine die adjournment on the first
Thursday in June is extended by one statewide session
day for each statewide day after March thirty-first that the
House of Representatives fails to give the bill third reading. The
session may also may be extended beyond the
first Thursday in June by concurrent resolution adopted by a
simple two-thirds vote of in both
houses the Senate and House of Representatives.
During the time between 5:00 p.m. on the first Thursday in June
and the extended sine die adjournment date, as set forth
herein in this subsection, no legislation or other
business may be considered except the General Appropriation
Bill general appropriation bill, supplemental appropriation
bills, or bills authorizing capital debt, and any matters
approved for consideration by a concurrent resolution adopted by
a simple two-thirds vote in both houses.
(B) 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 November. The sine die adjournment date
may be extended by concurrent resolution adopted by a simple
two-thirds vote in both houses. If during the time between the
adjournment date provided for in subsection (A) and the sine die
adjournment date:
(1) the fiscal year ending after the adjournment date specified
in subsection (A) is closed with year end revenues not sufficient to
meet authorized appropriations for that fiscal year; or
(2) the Board of Economic Advisors' revenue forecast or
adjustments thereto, as required by law, project that estimated
revenue will not be sufficient to meet authorized appropriations for
the current fiscal year; or
(3) the fiscal year ending after the adjournment date specified
in subsection (A) is closed with year end revenues in excess of
authorized appropriations for that fiscal year; then
(4) the General Assembly must be called back into regular
session by the President Pro Tempore of the Senate and the Speaker
of the House of Representatives to consider only:
(a) bills amending the general appropriation act
for the current fiscal year, including supplemental appropriations
from surplus revenues from the previous fiscal year, or bills
authorizing such appropriations as are necessary to meet year-end
operating deficits;
(b) gubernatorial vetoes;
(c) receipt and confirmation of appointments;
(d) consideration of conference and free
conference reports;
(e) ratification of acts;
(f) the concurrence or nonconcurrence on any
legislative matters received from the other house;
(g) local matters;
(h) resolutions affecting sine die
adjournment."
SECTION 2. Section 11-9-20 of the 1976 Code, as last
amended by Act 184 of 1993, is further amended to read:
"Section 11-9-20. (A) It is unlawful for an officer, clerk,
or other person charged with disbursements of state, federal, or
other funds appropriated by the General Assembly to exceed
the amounts and purposes stated in the appropriations, or to change
or shift appropriations from one item to another. Transfers
of may be authorized appropriations
established by the General Assembly in the annual
general appropriation act may not exceed a specified
percentage of an agency's total gross appropriation as set forth in
the act for the State. For the purpose of this section
and any other provision governing the transfer of state, federal, or
other funds, authorized appropriations do not include any
appropriation vetoed by the Governor and sustained by the General
Assembly or unavailable for expenditure because the appropriation
is the object of a veto given after the General Assembly has
adjourned.
(B) An officer, clerk, or other person who violates the
provisions of this section is guilty of malfeasance in office. The
Governor may suspend immediately the officer and shall investigate
the conduct of the person.
(C) If after the investigation the person is found guilty, the
Governor shall suspend him from office. In addition to the
suspension, the officer is guilty of a misdemeanor and, upon
conviction, must be fined in the discretion of the court or
imprisoned not more than three years."
SECTION 3. Section 11-9-890 B. of the 1976 Code is amended
to read:
"B. If at the end of the first or second quarter of
any fiscal year, quarterly revenue projections are
three four percent or more below the amount
projected for that quarter by the Board of Economic Advisors, the
Budget and Control Board, within fifteen days of that
determination, shall immediately send a written notice of
such determination to the Speaker of the House and the President
Pro Tempore of the Senate take action to avoid a year-end
deficit."
SECTION 4. The 1976 Code is amended by adding:
"Section 2-1-187. If a court of competent jurisdiction
invalidates a redistricting plan for either the Senate or the House of
Representatives or the state's congressional districts while the
General Assembly is not in session, the Speaker of the House and
the President Pro Tempore of the Senate must jointly call the
General Assembly back into regular session for the purpose of:
(1) consideration of legislation to redistrict either house or the
state's congressional districts;
(2) gubernatorial vetoes;
(3) consideration of conference and free conference reports;
(4) ratification of acts;
(5) the concurrence or nonconcurrence on any legislative
matters received from the other house;
(6) resolutions affecting sine die adjournment."
SECTION 5. Notwithstanding any other provision of law to the
contrary, the appropriation of any surplus revenues resulting from
total annual revenues for a fiscal year exceeding the total authorized
appropriations for the same fiscal year shall only be authorized after
the fiscal year has ended and the report of the Comptroller General
has confirmed that a year-end surplus exists.
SECTION 6. This act takes effect upon ratification of the
amendments to Section 9 of Article III of the Constitution of this
State and the deletion of Section 21 of Article III of the
Constitution of this State.
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