S*0228(Rat #0181, Act #0157)  General Bill, By McGill, Bryan, Cork, Courson, 
Courtney, Elliott, Ford, Giese, Glover, Gregory, Hayes, Jackson, Land, Lander, 
Leventis, A.S. Macaulay, Martin, Matthews, McConnell, Mescher, T.W. Mitchell, 
Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, L.E. Richter, 
M.T. Rose, Russell, Ryberg, Saleeby, Setzler, Short, G. Smith, H.S. Stilwell, 
Thomas, Waldrep, Washington and Wilson

Similar(H 3110)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 4-9-55, so as to provide that no county may be bound by any general law
 requiring it to spend funds or take an action requiring the expenditure of
 funds unless the General Assembly has determined that the law requiring the
 expenditure fulfills a State interest and the law requiring the expenditure is
 approved by two-thirds of the members voting in each house of the General
 Assembly, provided a simple majority of the members voting in each house is
 required if one of several criteria applies, provide that except upon approval
 of each house of the General Assembly, by two-thirds of the members voting in
 each house,it may not enact, amend, or repeal any general law if the
 anticipated effect of doing so would be to reduce the authority that counties
 have to raise revenues in the aggregate, as the authority exists on July 1,
 1993, provide for exceptions to this Section, provide that the duties,
 requirements, and obligations imposed by general laws in effect on July 1,
 1993, are not suspended by the provisions of this Section; and by adding
 Section 5-7-310 so as to provide that the provisions of Section 4-9-55 apply
 to general laws enacted by the General Assembly which affect
 municipalities.-amended title

   01/19/93  Senate Introduced and read first time SJ-12
   01/19/93  Senate Referred to Committee on Finance SJ-12
   04/13/93  Senate Committee report: Favorable with amendment
                     Finance SJ-14
   04/14/93  Senate Read second time SJ-20
   04/14/93  Senate Ordered to third reading with notice of
                     amendments SJ-20
   04/20/93  Senate Amended SJ-28
   04/20/93  Senate Read third time and sent to House SJ-31
   04/21/93  House  Introduced and read first time HJ-18
   04/21/93  House  Referred to Committee on Ways and Means HJ-19
   05/26/93  House  Recalled from Committee on Ways and Means HJ-29
   06/01/93  House  Amended HJ-70
   06/01/93  House  Read second time HJ-70
   06/02/93  House  Read third time and returned to Senate with
                     amendments HJ-14
   06/02/93  Senate Concurred in House amendment and enrolled SJ-54
   06/10/93         Ratified R 181
   06/15/93         Signed By Governor
   06/15/93         Effective date 06/15/93
   07/14/93         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-55, SO AS TO PROVIDE THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVEDY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, PROVIDED A SIMPLE MAJORITY OF THE MEMBERS VOTING IN EACH HOUSE IS REQUIRED IF ONE OF SEVERAL CRITERIA APPLIES, PROVIDE THAT EXCEPT UPON APPROVAL OF EACH HOUSE OF THE GENERAL ASSEMBLY, BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE, IT MAY NOT ENACT, AMEND, OR REPEAL ANY GENERAL LAW IF THE ANTICIPATED EFFECT OF DOING SO WOULD BE TO REDUCE THE AUTHORITY THAT COUNTIES HAVE TO RAISE REVENUES IN THE AGGREGATE, AS THE AUTHORITY EXISTS ON JULY 1, 1993, PROVIDE FOR EXCEPTIONS TO THIS SECTION, PROVIDE THAT THE DUTIES, REQUIREMENTS, AND OBLIGATIONS IMPOSED BY GENERAL LAWS IN EFFECT ON JULY 1, 1993, ARE NOT SUSPENDED BY THE PROVISIONS OF THIS SECTION; AND BY ADDING SECTION 5-7-310 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 4-9-55 APPLY TO GENERAL LAWS ENACTED BY THE GENERAL ASSEMBLY WHICH AFFECT MUNICIPALITIES.

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

Expenditure of funds by a county prohibition

SECTION 1. The 1976 Code is amended by adding:

"Section 4-9-55. (A) No county may be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:

(1) funds have been appropriated that have been estimated by the State Budget Division at the time of enactment to be sufficient to fund the expenditures;

(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;

(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments; (4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement.

(B) Except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.

(C) The provisions of this section do not apply to:

(1) laws enacted to require funding of pension benefits existing on the effective date of this section;

(2) laws relating to the Judicial Department;

(3) criminal laws;

(4) election laws;

(5) the general appropriations act;

(6) the Department of Education;

(7) special appropriations acts;

(8) laws reauthorizing but not expanding then-existing statutory authority;

(9) laws having a fiscal impact of less than ten cents per capita on a statewide basis, laws creating, modifying, or repealing noncriminal infractions.

(D) The duties, requirements, and obligations imposed by general laws in effect on July 1, 1993, are not suspended by the provisions of this section."

Provisions apply to municipalities

SECTION 2. The 1976 Code is amended by adding:

"Section 5-7-310. The provisions of Section 4-9-55 apply to general laws enacted by the General Assembly which affect municipalities."

Time effective

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

Approved the 15th day of June, 1993.