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H 4772
Session 117 (2007-2008) 

H 4772 General Bill, By G.R. Smith, Bedingfield, Mahaffey, Davenport, 
J.R. Smith, Haley, Erickson, Bannister, Duncan, Hamilton, Hardwick, Harrell, 
Leach, Mulvaney, Owens, M.A. Pitts, Rice, Shoopman, D.C. Smith, Viers and 
Witherspoon

Similar(S 1144) A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED OVER ONE HUNDRED DOLLARS EACH MONTH AND POST THAT REGISTER ONLINE, TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE, TO PROVIDE THAT EACH LOCAL GOVERNMENTAL ENTITY MUST ANNUALLY POST ONLINE A LISTING OF ITS FULL-TIME EMPLOYEES GROUPED BY CLASS ALONG WITH THE NUMBER OF FULL-TIME POSITIONS AND THE AVERAGE SALARY IN EACH CLASS, AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD MUST MAINTAIN A WEB SITE IF A STATE AGENCY OR LOCAL GOVERNMENTAL ENTITY DOES NOT MAINTAIN ITS OWN FOR THIS PURPOSE. 02/27/08 House Introduced and read first time HJ-48 02/27/08 House Referred to Committee on Ways and Means HJ-48


VERSIONS OF THIS BILL

2/27/2008



H. 4772

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED OVER ONE HUNDRED DOLLARS EACH MONTH AND POST THAT REGISTER ONLINE, TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE, TO PROVIDE THAT EACH LOCAL GOVERNMENTAL ENTITY MUST ANNUALLY POST ONLINE A LISTING OF ITS FULL-TIME EMPLOYEES GROUPED BY CLASS ALONG WITH THE NUMBER OF FULL-TIME POSITIONS AND THE AVERAGE SALARY IN EACH CLASS, AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD MUST MAINTAIN A WEB SITE IF A STATE AGENCY OR LOCAL GOVERNMENTAL ENTITY DOES NOT MAINTAIN ITS OWN FOR THIS PURPOSE.

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

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

"Article 17

Truth In Spending Act

Section 1-1-1100.    For the purposes of this article:

(1)    'Class' means a group of positions sufficiently similar in the duties performed, degree of supervision exercised or received, minimum requirements of education or experience, and the knowledge, skills, and abilities required to perform the functions and duties of the position.

(2)    'Detailed description of the expenditure' means a description of an expenditure that enables the reader to distinguish that expenditure from other expenditures and is particular enough in its account of the expenditure that the reader is able to discern the purpose of the expenditure.

(3)    'Local governmental entity' means every county, municipal corporation, township, school district, special purpose district, drainage district, or other taxing or governmental unit organized underpursuant to the laws of the State.

(4)    'State agency' means an agency, department, or institution of state government.

Section 1-1-1110.    (A)    Each state agency and local governmental entity in the State shall maintain a transaction register that includes a complete record of all funds expended over one hundred dollars, from whatever source for whatever purpose. The register must be prominently posted on the Internet web site maintained by the entity and made available for public viewing and downloading.

(B)(1)    The register must include for each expenditure:

(a)    the transaction amount;

(b)    the name of the payee; and

(c)    a detailed statement of the purpose of the expenditure.

(2)    The register may not include an entry for salary, wages, or other compensation paid to individual employees.

(3)    The register may not include information that can be used to identify an individual employee.

(4)    The register must be accompanied by a complete explanation of all codes or acronyms used to identify a payee or an expenditure.

(C)    The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet web site for at least five years.

Section 1-1-1120.    (A)    Each state agency and local governmental entity in the State shall maintain on its Internet web site a copy of each monthly statement for all its credit cards, including credit cards issued to its officers or employees for official use.

(B)    The credit card number on each statement must be redacted prior to posting on the Internet web site.

(C)    Each credit card statement must be posted not later than the thirtieth day after the first date that any portion of the balance due as shown on the statement is paid. Each statement must be maintained on the web site for at least five years.

Section 1-1-1130.    (A)    Each year, on or before February first, each local governmental entity in the State must post on its Internet web site a listing of all of its full-time positions grouped by class. The listing must provide the number of full-time employees, average compensation in each class, and the actual compensation for each position receiving annual compensation equal to or more than fifty thousand dollars per year. The posting required by this section must be maintained on the district's Internet web site for five years.

(B)    Each state agency shall post on its Internet web site the report that must be prepared pursuant to Section 1-1-970. Each report must be maintained on the Internet web site for five years.

Section 1-1-1140. (A) State agencies and local governmental entities that do not maintain an Internet web site must transmit all information required by this article to the board in a manner determined by the board to be included on the Internet web site required by this section.

(B)    The State Budget and Control Board must establish and maintain a web site to contain the information required by this article from a state agency or a local governmental entity that does not maintain its own Internet web site. The Internet web site must be organized so that the public can differentiate between the state agency or local governmental entities and search for the information they are seeking.

Section 1-1-1150.    The provisions of this article may not be construed to require a law enforcement agency to report in detail expenditures which would jeopardize the necessary confidentiality of its operations, but all these agencies shall report the total amount of funds expended for payments to informants and for purchases of illegal substances in connection with criminal investigations.

Section 1-1-1160.    The provisions contained in this article do not amend, suspend, supercede, replace, revoke, restrict, or otherwise affect Chapter 4, Title 30, the South Carolina Freedom of Information Act."

SECTION    2.    This act takes effect January 1, 2009.

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