S 110 Session 109 (1991-1992)
S 0110 General Bill, By T.H. Pope, Bryan, Courson, Leventis, I.E. Lourie,
S.S. Martschink, Passailaigue, Peeler, Russell, H.S. Stilwell and Wilson
A Bill to amend Sections 2-1-180, 11-9-880, 11-11-30, 11-11-90, and 11-11-130,
Code of Laws of South Carolina, 1976, relating to adjournment of the General
Assembly and the budgetary process, so as to change the date for the mandatory
adjournment of the General Assembly from the first Thursday in June to the
second Thursday in May, to change the date of the annual initial forecast of
the Board of Economic Advisors from November first to October fifteenth, and
to provide that the initial forecast may be adjusted only downwardly, to
change the date of annual estimates of financial needs by state entities from
November first to October first, to provide that joint committee hearings on
budget requests must begin on the second Tuesday in December, to provide that
supplemental appropriations may be requested from unexpended funds from the
previous fiscal year, and to prohibit supplemental appropriations in the
annual General Appropriations Act.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Finance
01/08/91 Senate Introduced and read first time SJ-53
01/08/91 Senate Referred to Committee on Finance SJ-53
A BILL
TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND
11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY
AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE
DATE FOR THE MANDATORY ADJOURNMENT OF THE
GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE
TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE
OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF
ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER
FIFTEENTH, AND TO PROVIDE THAT THE INITIAL FORECAST
MAY BE ADJUSTED ONLY DOWNWARDLY, TO CHANGE THE
DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY
STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER
FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON
BUDGET REQUESTS MUST BEGIN ON THE SECOND TUESDAY
IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL
APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED
FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO
PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL
GENERAL APPROPRIATIONS ACT.
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. The regular annual session of the General
Assembly shall must adjourn sine die each year not later
than 5:00 p.m. on the first second Thursday in
June May. In any year that the House of
Representatives fails to give third reading to the annual General
Appropriation Bill by March thirty-first, 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. 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
second Thursday in June May and the extended
sine die adjournment date, as set forth herein, no legislation or
other business may be considered except the 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 11-9-880(A) of the 1976 Code is amended to
read:
"(A) The Board of Economic Advisors shall make an initial
forecast of economic conditions in the State and state revenues for the
next fiscal year no later than November first October
fifteenth of each year and any subsequent adjustments to the
October fifteenth forecast may be only downward adjustments.
Adjustments to the forecast must be considered on December first and
January first. A final forecast for the next fiscal year must be made on
February fifteenth. The February fifteenth forecast may be adjusted
monthly if the Board board determines that changing
economic conditions have affected the February fifteenth forecast.
Prior to Before making or adjusting any forecast, the
Board board must shall consult with
outside economic experts with respect to national and South Carolina
economic business conditions. All forecasts and adjusted forecasts must
contain:
(1) a brief description of the econometric model and all
assumptions and basic decisions underlying the forecasts;
(2) a projection of state revenues on a quarterly basis;
(3) separate discussions of any industry which employs more
than twenty percent of the state's total nonagricultural employment and
separate projections for these industries."
SECTION 3. Section 11-11-30 of the 1976 Code is amended to read:
"Section 11-11-30. On or before the first day of
November October, annually, each of the several
State state departments, bureaus, divisions, officers,
commissions, institutions, and other agencies and undertakings
receiving or asking financial aid from the State shall report to the State
Budget and Control Board, on official estimate blanks furnished for
such that purpose, an estimate in itemized form showing
the amount needed for the year beginning with the first day of July
thereafter. The official estimate blanks which must be used in making
these reports shall must be furnished by the
Board board, shall must be
uniform, and shall clearly must designate
clearly the kind of information to be given
thereon."
SECTION 4. SECTION 11-11-90 of the 1976 Code is amended to
read:
"Section 11-11-90. The standing committees of the House of
Representatives and of the Senate in charge of appropriation measures
shall sit jointly in open sessions while considering the budget and
shall begin such joint meetings within five days after the budget has
been submitted to the General Assembly by the State Budget and
Control Board to hold budget hearings for the ensuing fiscal
year. The annual initial hearing must convene on the second
Tuesday in December. This The joint committee
may cause the attendance of shall give opportunity for
heads or responsible representatives of the departments,
institutions, and all other agencies of the State to furnish
such information and answer such questions as the
joint committee shall require and to these sessions shall be admitted,
with the right to be heard, all persons interested in the estimates under
consideration. The Board, or its representatives, and the Governor-elect
shall have the right to sit at these public hearings and be heard on all
matters coming before the joint committee pertaining to budget
requests for the ensuing fiscal year."
SECTION 5. Section 11-11-130 of the 1976 Code is amended to read:
"Section 11-11-130. Any agency of the this
State of South Carolina desiring to request supplemental
appropriations from funds not expended the previous fiscal year
shall submit such its requests to the Budget and Control
Board on or before February first of each year. These requests
shall must contain such information and be in
such a form as the Budget and Control Board may
require. The Budget and Control Board may conduct such
investigations and hearings as it may deem considers
necessary and shall, not later than March fifteenth, shall
submit to the presiding officers of each House house its
recommendations for supplemental appropriations. The
recommendations for supplemental appropriations shall
must be accompanied by a statement from the Budget and
Control Board as to the availability of revenue to fund the proposed
expenditures. No supplemental appropriations may be included in
the annual General Appropriations Act."
SECTION 6. This act takes effect upon approval by the Governor.
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