H 3128 Session 109 (1991-1992)
H 3128 General Bill, By Wilkins, Alexander, D.M. Beasley, Boan, R.S. Corning,
T.E. Huff, J.W. Johnson, H.H. Keyserling, J.T. McElveen and Sheheen
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 downward, to provide
that a final forecast for the next fiscal year must be made on January
fifteenth rather than February fifteenth, to provide that this January
fifteenth forecast may be adjusted downward monthly, 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
shall 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.
12/27/90 House Prefiled
12/27/90 House Referred to Committee on Judiciary
01/08/91 House Introduced and read first time HJ-74
01/08/91 House Referred to Committee on Judiciary HJ-74
01/17/91 House Committee report: Favorable Judiciary HJ-3
01/22/91 House Objection by Rep. Carnell, McAbee, Keegan,
Shirley, & Rudnick HJ-22
01/30/91 House Objection withdrawn by Rep. Keegan HJ-24
01/30/91 House Objection by Rep. Baker HJ-24
02/05/91 House Amended HJ-25
02/05/91 House Read second time HJ-35
02/07/91 House Objection withdrawn by Rep. Carnell & Rudnick HJ-27
02/07/91 House Objection by Rep. Wilkins & Huff HJ-27
02/07/91 House Objection withdrawn by Rep. Shirley & McAbee HJ-28
02/07/91 House Objection by Rep. Jaskwhich, Cato & D. Williams HJ-28
02/07/91 House Objection withdrawn by Rep. D. Williams HJ-29
02/07/91 House Objection by Rep. Sharpe HJ-29
02/07/91 House Read third time and sent to Senate
02/12/91 Senate Introduced and read first time SJ-13
02/12/91 Senate Referred to Committee on Judiciary SJ-13
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 5, 1991
H. 3128
Introduced by REPS. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander,
Keyserling, Beasley, Boan, Corning, Huff and McElveen
S. Printed 2/5/91--H.
Read the first time January 8, 1991.
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 DOWNWARD, TO PROVIDE THAT A
FINAL FORECAST FOR THE NEXT FISCAL YEAR MUST BE
MADE ON JANUARY FIFTEENTH RATHER THAN FEBRUARY
FIFTEENTH, TO PROVIDE THAT THIS JANUARY FIFTEENTH
FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, 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 SHALL 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.
Amend Title To Conform
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 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 Appropriations Bill
by March thirty-first fifteenth, the date of sine die
adjournment is extended by one statewide day for each statewide day
after March thirty-first fifteenth 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 downward adjustments only.
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
downward monthly if the board determines that changing
economic conditions have affected the February fifteenth forecast.
Prior to Before making or adjusting any
a forecast, the board must 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
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, 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 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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