H 4943 Joint Resolution, By W.D. Smith and Sinclair
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATIONS ON STATE
 BUDGET EXPENDITURES AND STATE EMPLOYEES AND THE LIMITATIONS ON THE ANNUAL
 BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS OF THE STATE AND SCHOOL
 DISTRICTS, SO AS TO PROVIDE THAT THE TOTAL OF STATE FUNDS FROM ALL SOURCES
 EXCEPT FEDERAL REVENUES APPROPRIATED FOR FISCAL YEARS BEGINNING AFTER 2005
 MUST NOT EXCEED THE TOTAL OF SUCH APPROPRIATIONS FOR THE PRECEDING FISCAL YEAR
 BY MORE THAN THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX IN THE LAST
 COMPLETED CALENDAR YEAR, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY
 LAW THE INDEX USED TO MEASURE INCREASES IN THE CONSUMER PRICE INDEX FOR
 PURPOSES OF THIS LIMITATION, AND TO PROVIDE THAT THIS LIMITATION DOES NOT
 APPLY TO A BILL OR JOINT RESOLUTION APPROPRIATING FUNDS IN EXCESS OF THE LIMIT
 IF THE BILL OR JOINT RESOLUTION RECEIVES AN AFFIRMATIVE VOTE IN EACH HOUSE OF
 THE GENERAL ASSEMBLY BY AT LEAST TWO-THIRDS OF THE MEMBERS PRESENT BUT NOT
 LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE.

   03/20/02  House  Introduced and read first time HJ-23
   03/20/02  House  Referred to Committee on Ways and Means HJ-23

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATIONS ON STATE BUDGET EXPENDITURES AND STATE EMPLOYEES AND THE LIMITATIONS ON THE ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS OF THE STATE AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TOTAL OF STATE FUNDS FROM ALL SOURCES EXCEPT FEDERAL REVENUES APPROPRIATED FOR FISCAL YEARS BEGINNING AFTER 2005 MUST NOT EXCEED THE TOTAL OF SUCH APPROPRIATIONS FOR THE PRECEDING FISCAL YEAR BY MORE THAN THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX IN THE LAST COMPLETED CALENDAR YEAR, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE INDEX USED TO MEASURE INCREASES IN THE CONSUMER PRICE INDEX FOR PURPOSES OF THIS LIMITATION, AND TO PROVIDE THAT THIS LIMITATION DOES NOT APPLY TO A BILL OR JOINT RESOLUTION APPROPRIATING FUNDS IN EXCESS OF THE LIMIT IF THE BILL OR JOINT RESOLUTION RECEIVES AN AFFIRMATIVE VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY BY AT LEAST TWO-THIRDS OF THE MEMBERS PRESENT BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE.

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

SECTION    1. It is proposed that Section 7(c), Article X of the Constitution of this State be amended to read:

    "(c)    (1)    The General Assembly shall prescribe by law a spending limitation on appropriations for the operation of state government which shall provide that annual increases in such appropriations may not exceed the average growth rate of the economy of the State as measured by a process provided for by the law which prescribes the limitations on appropriations; provided, however, the limitation may be suspended for any one fiscal year by a special vote as provided in this subsection.

    During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this subsection. During such session, only a vote of two-thirds of the members of each branch present and voting shall be required to change the existing limitation on appropriation. Unless that is done, the existing limitations shall remain unchanged.

    Upon implementation of the provisions of this subsection by law, such law may not be amended or repealed except by the special vote as provided in this subsection.

    The special vote referred to in this subsection means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch. (1985 Act No. 10, Section 2, eff February 26, 1985).

    (2)    For fiscal years beginning after 2005, the limitation provided in item (1) of this subsection and the provisions of law implementing it do not apply and instead the following limitation applies. The total of funds appropriated by the General Assembly in all acts and joint resolutions appropriating funds for a fiscal year from all sources, excluding federal funds, must not exceed such appropriations for the preceding fiscal year by more than a percentage equal to the percentage increase, if any, in the consumer price index in the last completed calendar year. The General Assembly shall provide by law the index used to measure increases in the consumer price index for purposes of this limitation. The limitation imposed by this item does not apply if an act or joint resolution appropriating funds in excess of the limit receives an affirmative vote in each house of the General Assembly of at least two-thirds of the members present, but not less than three-fifths of the total membership in each house."

SECTION    2.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

    "Must Section 7, Article X of the Constitution of this State relating to the limitations on state budget expenditures and state employees and the limitations on the annual budgets and expenses of political subdivisions of the State and school districts be amended so as to provide that the total of state funds from all sources except federal revenues appropriated for fiscal years beginning after 2005 must not exceed the total of such appropriations for the preceding fiscal year by more than the percentage increase in the consumer price index in the last completed calendar year, to provide that the General Assembly shall provide by law the index used to measure increases in the consumer price index for purposes of this limitation, and to provide that this limitation does not apply to a bill or joint resolution appropriating funds in excess of the limit if the bill or joint resolution receives an affirmative vote in each house of the General Assembly of at least two-thirds of the members present but not less than three-fifths of the total membership of each house?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."