South Carolina General Assembly
111th Session, 1995-1996

Bill 1321


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       1321
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19960403
Primary Sponsor:                   Judiciary Committee SJ 11
All Sponsors:                      Judiciary Committee
Drafted Document Number:           jud6077.11
Residing Body:                     Senate
Subject:                           Sine die adjournment, annual
                                   session, redistricting plan



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19960403  Introduced, read first time,
                  placed on Calendar without reference

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

INTRODUCED

April 3, 1996

S. 1321

Introduced by Judiciary Committee

S. Printed 4/3/96--S.

Read the first time April 3, 1996.

A BILL

TO AMEND SECTION 2-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST ADJOURN ON THE FIRST THURSDAY IN JUNE AND SHALL REMAIN ADJOURNED SUBJECT TO THE JOINT CALL OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-9-20, AS AMENDED, RELATING TO PERSONS CHARGED WITH THE DISBURSEMENT OF STATE FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT TRANSFERS OF APPROPRIATIONS MAY NOT EXCEED A SPECIFIED PERCENTAGE OF AN AGENCY'S TOTAL GROSS APPROPRIATION AS SET FORTH IN THE GENERAL APPROPRIATION ACT; TO AMEND SECTION 11-9-890, RELATING TO DELINEATION OF FISCAL YEAR REVENUE ESTIMATES BY QUARTERS, SO AS TO PROVIDE THAT IF AT THE END OF THE FIRST QUARTER OF A FISCAL YEAR, THE QUARTERLY PROJECTIONS ARE THREE PERCENT OR MORE BELOW THE AMOUNTS PROJECTED FOR THAT QUARTER BY THE BOARD OF ECONOMIC ADVISORS, THE BUDGET AND CONTROL BOARD MUST IMMEDIATELY NOTIFY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE IN WRITING OF THIS DETERMINATION; AND TO ADD SECTION 2-1-187, SO AS TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION INVALIDATES A REDISTRICTING PLAN FOR EITHER THE SENATE OR THE HOUSE OF REPRESENTATIVES OR THE STATE'S CONGRESSIONAL DISTRICTS WHILE THE GENERAL ASSEMBLY IS NOT IN SESSION, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MUST JOINTLY CALL THE GENERAL ASSEMBLY BACK INTO REGULAR SESSION FOR CERTAIN PURPOSES.

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

SECTION 1. Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180. (A) The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in June and shall remain adjourned subject to the joint call of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. In any a year that the House of Representatives fails to give third reading to the annual General Appropriation Bill general appropriation bill by March thirty-first, the date of sine die adjournment on the first Thursday in June is extended by one statewide session day for each statewide day after March thirty-first that the House of Representatives fails to give the bill third reading. The session may also may be extended beyond the first Thursday in June by concurrent resolution adopted by a simple two-thirds vote of in both houses the Senate and House of Representatives. During the time between 5:00 p.m. on the first Thursday in June and the extended sine die adjournment date, as set forth herein in this subsection, no legislation or other business may be considered except the General Appropriation Bill general appropriation bill, supplemental appropriation bills, or bills authorizing capital debt, and any matters approved for consideration by a concurrent resolution adopted by a simple two-thirds vote in both houses.

(B) The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November. The sine die adjournment date may be extended by concurrent resolution adopted by a simple two-thirds vote in both houses. If during the time between the adjournment date provided for in subsection (A) and the sine die adjournment date:

(1) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year end revenues not sufficient to meet authorized appropriations for that fiscal year; or

(2) the Board of Economic Advisors' revenue forecast or adjustments thereto, as required by law, project that estimated revenue will not be sufficient to meet authorized appropriations for the current fiscal year; or

(3) the fiscal year ending after the adjournment date specified in subsection (A) is closed with year end revenues in excess of authorized appropriations for that fiscal year; then

(4) the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives to consider only:

(a) bills amending the general appropriation act for the current fiscal year, including supplemental appropriations from surplus revenues from the previous fiscal year, or bills authorizing such appropriations as are necessary to meet year-end operating deficits;

(b) gubernatorial vetoes;

(c) receipt and confirmation of appointments;

(d) consideration of conference and free conference reports;

(e) ratification of acts;

(f) the concurrence or nonconcurrence on any legislative matters received from the other house;

(g) local matters;

(h) resolutions affecting sine die adjournment."

SECTION 2. Section 11-9-20 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 11-9-20. (A) It is unlawful for an officer, clerk, or other person charged with disbursements of state, federal, or other funds appropriated by the General Assembly to exceed the amounts and purposes stated in the appropriations, or to change or shift appropriations from one item to another. Transfers of may be authorized appropriations established by the General Assembly in the annual general appropriation act may not exceed a specified percentage of an agency's total gross appropriation as set forth in the act for the State. For the purpose of this section and any other provision governing the transfer of state, federal, or other funds, authorized appropriations do not include any appropriation vetoed by the Governor and sustained by the General Assembly or unavailable for expenditure because the appropriation is the object of a veto given after the General Assembly has adjourned.

(B) An officer, clerk, or other person who violates the provisions of this section is guilty of malfeasance in office. The Governor may suspend immediately the officer and shall investigate the conduct of the person.

(C) If after the investigation the person is found guilty, the Governor shall suspend him from office. In addition to the suspension, the officer is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."

SECTION 3. Section 11-9-890 B. of the 1976 Code is amended to read:

"B. If at the end of the first or second quarter of any fiscal year, quarterly revenue projections are three four percent or more below the amount projected for that quarter by the Board of Economic Advisors, the Budget and Control Board, within fifteen days of that determination, shall immediately send a written notice of such determination to the Speaker of the House and the President Pro Tempore of the Senate take action to avoid a year-end deficit."

SECTION 4. The 1976 Code is amended by adding:

"Section 2-1-187. If a court of competent jurisdiction invalidates a redistricting plan for either the Senate or the House of Representatives or the state's congressional districts while the General Assembly is not in session, the Speaker of the House and the President Pro Tempore of the Senate must jointly call the General Assembly back into regular session for the purpose of:

(1) consideration of legislation to redistrict either house or the state's congressional districts;

(2) gubernatorial vetoes;

(3) consideration of conference and free conference reports;

(4) ratification of acts;

(5) the concurrence or nonconcurrence on any legislative matters received from the other house;

(6) resolutions affecting sine die adjournment."

SECTION 5. Notwithstanding any other provision of law to the contrary, the appropriation of any surplus revenues resulting from total annual revenues for a fiscal year exceeding the total authorized appropriations for the same fiscal year shall only be authorized after the fiscal year has ended and the report of the Comptroller General has confirmed that a year-end surplus exists.

SECTION 6. This act takes effect upon ratification of the amendments to Section 9 of Article III of the Constitution of this State and the deletion of Section 21 of Article III of the Constitution of this State.

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