H 4906 General Bill, By Thompson, Scarborough and Neilson
 A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE REFERENCE TO
 INCREASES IN THE AMOUNT REQUIRED IN THE GENERAL RESERVE FUND PURSUANT TO THE
 REQUIREMENTS OF THE STATE CONSTITUTION AND TO MAKE THIS AMENDMENT EFFECTIVE
 BEGINNING ON THE RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS
 STATE PROVIDING THOSE CIRCUMSTANCES WHICH RESULT IN AN INCREASE IN THE GENERAL
 RESERVE FUND.

   03/04/04  House  Introduced and read first time HJ-73
   03/04/04  House  Referred to Committee on Ways and Means HJ-73
   03/16/04         Scrivener's error corrected
   04/22/04  House  Committee report: Favorable Ways and Means HJ-8
   04/27/04  House  Member(s) request name added as sponsor: Neilson
   04/27/04  House  Read second time HJ-59
   04/28/04  House  Read third time and sent to Senate HJ-11
   04/28/04  Senate Introduced and read first time SJ-21
   04/28/04  Senate Referred to Committee on Finance SJ-21

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 22, 2004

H. 4906

S. Printed 4/22/04--H.

Read the first time March 4, 2004.

To whom was referred a Bill (H. 4906) to amend Section 11-11-310, as amended, Code of Laws of South Carolina, 1976, relating to the General Reserve Fund, so as to make reference, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

ROBERT W. HARRELL, JR. for Committee.

EXPLANATION OF IMPACT:

A review of this bill indicates any cost to the General Fund of the State is contingent upon ratification of an amendment to the State Constitution that increases the amount of annual state general fund revenues that may be used for debt service on general obligation debt. The bill does not specify the amount of annual general fund revenue that may be used for debt service on state general obligation debt which ultimately determines the impact of this bill. Based on a proposed amendment to Section 36, Article III of the Constitution (see H.4907) each one-half percent of general fund revenues used for debt service would result in a non-recurring appropriation of approximately $50 million to the General Reserve Fund of the State.

Approved By:

Don Addy

Office of State Budget

TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE REFERENCE TO INCREASES IN THE AMOUNT REQUIRED IN THE GENERAL RESERVE FUND PURSUANT TO THE REQUIREMENTS OF THE STATE CONSTITUTION AND TO MAKE THIS AMENDMENT EFFECTIVE BEGINNING ON THE RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE PROVIDING THOSE CIRCUMSTANCES WHICH RESULT IN AN INCREASE IN THE GENERAL RESERVE FUND.

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

SECTION    1.    Section 11-11-310 of the 1976 Code, as amended by Act 385 of 1988, is further amended to read:

"Section 11-11-310.    (A)    The State Budget and Control Board shall provide for a General Reserve Fund. Funds accumulating in excess of the annual operating expenditures must be transferred to the General Reserve Fund and the transfer must continue to be made in succeeding fiscal years until the accumulated total in this reserve reaches an amount equal to three percent, or such other percentage as may be required pursuant to Section 36, Article III of the Constitution of this State, of the general fund revenue of the latest completed fiscal year.

(B)    If there is a year-end operating deficit, so much of the General Reserve Fund as is necessary must be used to cover the deficit. The amount so applied must be restored to the General Reserve Fund out of future revenues as provided in Section 36 of Article III of the Constitution of this State and out of funds accumulating in excess of annual operating expenditures as provided in this section until the three percent maximum, or such other maximum percentage as may be required pursuant to Section 36, Article III of the Constitution of this State, is again reached and actually maintained."

SECTION    2.    This act takes effect upon ratification of an amendment to SECTION 36, Article III of the Constitution of this State requiring an increase in the General Reserve Fund when the General Assembly enacts legislation increasing the amount of annual state general fund revenues that may be used for debt service on state general obligation debt.