H 3147 Session 111 (1995-1996)
H 3147 General Bill, By C.V. Marchbanks, T. Brown, Cotty, Fair, J.G. Felder,
Inabinett, Meacham, Riser, Robinson, Seithel, Simrill, Stille, Stuart and
Walker
Similar(H 4357)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
11-9-25 so as to prohibit a state agency from expending general fund revenues
in excess of the amount appropriated in the annual General Appropriations Act
or Supplemental Appropriations Act during a fiscal year, to prohibit the
Budget and Control Board or any other officer from transferring funds which
violate the provisions of this Section or authorize the expenditures of funds
in excess of the appropriated or authorized amounts, make the agency head
responsible for compliance with this Section, to make it unlawful knowingly to
allow excess spending and provide a penalty, and to make a conviction of
malfeasance in office in connection with collecting under any surety bond, and
to provide that this Section may not be amended or repealed except in separate
legislation enacted by a two-thirds vote of the total membership of each House
of the General Assembly.
12/21/94 House Prefiled
12/21/94 House Referred to Committee on Ways and Means
01/10/95 House Introduced and read first time HJ-51
01/10/95 House Referred to Committee on Ways and Means HJ-52
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 11-9-25 SO AS TO PROHIBIT A
STATE AGENCY FROM EXPENDING GENERAL FUND
REVENUES IN EXCESS OF THE AMOUNT APPROPRIATED
IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR
SUPPLEMENTAL APPROPRIATIONS ACT DURING A FISCAL
YEAR, TO PROHIBIT THE BUDGET AND CONTROL BOARD
OR ANY OTHER OFFICER FROM TRANSFERRING FUNDS
WHICH VIOLATE THE PROVISIONS OF THIS SECTION OR
AUTHORIZE THE EXPENDITURES OF FUNDS IN EXCESS OF
THE APPROPRIATED OR AUTHORIZED AMOUNTS, MAKE
THE AGENCY HEAD RESPONSIBLE FOR COMPLIANCE
WITH THIS SECTION, TO MAKE IT UNLAWFUL
KNOWINGLY TO ALLOW EXCESS SPENDING AND
PROVIDE A PENALTY, AND TO MAKE A CONVICTION OF
MALFEASANCE IN OFFICE IN CONNECTION WITH
COLLECTING UNDER ANY SURETY BOND, AND TO
PROVIDE THAT THIS SECTION MAY NOT BE AMENDED OR
REPEALED EXCEPT IN SEPARATE LEGISLATION ENACTED
BY A TWO-THIRDS VOTE OF THE TOTAL MEMBERSHIP OF
EACH HOUSE OF THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 11-9-25. (A) A state agency may not expend in a
fiscal year funds in excess of the amount of general fund revenues
appropriated for that agency in the annual general appropriations act
or in a supplemental appropriations act.
(B) The State Budget and Control Board or any other state
agency or officer may not transfer funds which violate the
provisions of this section, or authorize the expenditure of funds in
excess of the general fund revenues appropriated.
(C) The agency head is responsible for complying with the
provisions of this section.
(D) An agency head who knowingly allows a violation of
subsection (A) of this section is guilty of a misdemeanor and, upon
conviction, must be punished as provided in Section 11-9-20(C). A
conviction under this section constitutes malfeasance in office for
purposes of collection on any surety bond required by law
guaranteeing the proper performance of official duties.
(E) This section may not be amended or repealed except in
separate legislation enacted specifically for that purpose passed by
an affirmative vote of two-thirds of the total membership of each
house of the General Assembly."
SECTION 2. This act takes effect upon approval by the
Governor.
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