S 0435 General Bill, By Elliott, Bryant, Campbell, Ford and Campsen
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 6-1-180 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES, AGENCIES, ORGANIZATIONS,
 OR INDIVIDUALS THAT RECEIVE, COLLECT, OR SPEND PUBLIC FUNDS DERIVED FROM STATE
 OR LOCAL TAX REVENUE TO FILE PERIODIC EXPENDITURE REPORTS WITH THE STATE OR
 LOCAL GOVERNMENTAL ENTITY OR AGENCY THAT PROVIDED, COLLECTED, OR SPENT THE
 PUBLIC FUNDS.

   01/26/11  Senate Introduced and read first time (Senate Journal-page 8)
   01/26/11  Senate Referred to Committee on Finance
                     (Senate Journal-page 8)
   03/30/11  Senate Committee report: Favorable with amendment
                     Finance (Senate Journal-page 29)
   03/31/11  Senate Committee Amendment Adopted (Senate Journal-page 19)
   03/31/11  Senate Read second time (Senate Journal-page 19)
   03/31/11  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 19)
   04/01/11         Scrivener's error corrected
   04/05/11  Senate Read third time and sent to House
                     (Senate Journal-page 24)
   04/06/11  House  Introduced and read first time (House Journal-page 11)
   04/06/11  House  Referred to Committee on Ways and Means
                     (House Journal-page 11)
   05/26/11  House  Recalled from Committee on Ways and Means
                     (House Journal-page 27)
   06/01/11  House  Amended (House Journal-page 36)
   06/01/11  House  Requests for debate-Rep(s). White, King, Merrill,
                     Herbkersman, Patrick, Brantley, Erickson,
                     Crawford, Ott, JH Neal, Williams, RL Brown,
                     Anderson, Clyburn, Hosey, Branham, Whipper,
                     Mack, and Weeks (House Journal-page 36)
   06/01/11  House  Debate adjourned until Friday, June 3, 2011
                     (House Journal-page 52)
   01/12/12  House  Recommitted to Committee on Ways and Means
                     (House Journal-page 140)

AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Path council\agm\19169bh11)

June 1, 2011

S. 435

Introduced by Senators Elliott, Bryant, Campbell, Ford and Campsen

S. Printed 5/26/11--H.

Read the first time April 6, 2011.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES, AGENCIES, ORGANIZATIONS, OR INDIVIDUALS THAT RECEIVE, COLLECT, OR SPEND PUBLIC FUNDS DERIVED FROM STATE OR LOCAL TAX REVENUE TO FILE PERIODIC EXPENDITURE REPORTS WITH THE STATE OR LOCAL GOVERNMENTAL ENTITY OR AGENCY THAT PROVIDED, COLLECTED, OR SPENT THE PUBLIC FUNDS.

Amend Title To Conform

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

SECTION    1.    Article 15, Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-1050.    (A)    By no later than July 1, 2012, a non-governmental entity, agency, or organization, whether for or not-for-profit, that received more than one hundred dollars in county or municipal grants in the previous calendar year, must begin annual submissions of an expenditure report to the jurisdiction awarding the funds. For purposes of this section, 'grants' are those monies derived either from county or municipal tax revenue or appropriated to the jurisdiction by the General Assembly that are awarded, gifted, designated, or contributed by a jurisdiction to an entity, agency, or organization, whether by formula or at the jurisdiction's discretion for any purpose, including revenues distributed pursuant to Section 4-10-970(B). 'Grants' do not include payments for direct services or goods.

(B)    The expenditure report must include:

(1)    the amount of funds received,

(2)    the amount of funds expended,

(3)    the purposes for which the funds were expended, and

(4)    any other information required by the jurisdiction so as to promote transparency and public confidence in how the grantee entities, agencies, and organizations expend the funds.

(C)    Unless all or portions of the report may be redacted or exempted pursuant to subsection (D), a county and municipality receiving expenditure reports required by this section shall prominently display the reports on the jurisdiction's Internet website. The reports must be downloadable and maintained for three years. If a jurisdiction does not maintain an Internet website, the register must be maintained on the Internet website of the Comptroller General. Also, a jurisdiction shall display the name and amount of funds awarded to any entity, agency, or organization that has failed to timely submit an expenditure report.

(D)    Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section. A county or municipality may also exempt disclosure of any expenditure or reimbursement that the jurisdiction determines is reasonable and necessary to exclude. If a jurisdiction excludes an expenditure or reimbursement, the jurisdiction must, in general terms, state the reasons for the exclusion. The statement shall be displayed in the same manner and location as the expenditure report.

(E)    To avoid additional expense for county and municipal governments in the implementation of this section, the expenditure reporting must be effected using existing resources with no additional expense to the jurisdiction. The Office of the Comptroller General must be available to county and municipal governments, upon their formal request, to provide technical assistance in meeting the requirements of this section. The Office of the Comptroller General shall not intercede on behalf of jurisdictions unless a formal request is made."

SECTION    2.    This act takes effect upon approval by the Governor.