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S. 326
STATUS INFORMATION
General Bill
Sponsors: Senator McConnell
Document Path: l:\s-jud\bills\mcconnell\jud0035.gfm.doc
Introduced in the Senate on February 5, 2003
Currently residing in the Senate Committee on Judiciary
Summary: General Assembly, sine die adjournment; B&C Board, budget deficit authority
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/5/2003 Senate Introduced and read first time SJ-6
2/5/2003 Senate Referred to Committee on Judiciary SJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A SINE DIE RECESS DATE, TO CHANGE THE DATE OF SINE DIE ADJOURNMENT, TO PROVIDE CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY MUST RECONVENE, AND TO PROVIDE CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY MAY RECONVENE; AND TO AMEND SECTION 11-9-890, RELATING TO THE ACTION BY THE BUDGET AND CONTROL BOARD TO AVOID YEAR-END DEFICITS, SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO TAKE ACTION TO AVOID A YEAR-END DEFICIT WHEN QUARTERLY REVENUE COLLECTIONS AT THE END OF THE FIRST OR SECOND QUARTER OF ANY FISCAL YEAR ARE TWO PERCENT, RATHER THAN FOUR PERCENT, OR MORE BELOW THE AMOUNT PROJECTED BY THE BOARD OF ECONOMIC ADVISORS.
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 Except as provided in subsection (G), the regular annual session of the General Assembly shall adjourn sine die stand in sine die recess each year not later than 5:00 p.m. on the first Thursday in June, and shall continue to stand in recess until adjournment sine die at 5:00 p.m. on the thirty-first day of December. In any year that the House of Representatives fails to give third reading to the annual General Appropriation Bill by March thirty-first, the date of sine die adjournment recess is extended by one statewide day for each statewide day after March thirty-first that the House of Representatives fails to give the bill third reading.
(B) The General Assembly must reconvene if:
(1) a redistricting plan passed by the General Assembly is declared invalid or amended by a court of competent jurisdiction, or denied pre-clearance by the United States Justice Department, in which case the General Assembly may take any action it considers appropriate; or
(2) at the end of the first or second quarter of the fiscal year, revenue collections for that quarter are two percent or more below the amount projected by the Board of Economic Advisors pursuant to Section 11-9-890, in which case the General Assembly must, within nine statewide days of reconvening, take appropriate action to reject across the board cuts made by the Budget and Control Board or let stand any action of the Budget and Control Board made pursuant to Section 11-9-890.
(C) The General Assembly may be reconvened by the Speaker of the House of Representatives and the President Pro Tempore of the Senate for any of the following purposes or under the following conditions:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt and consideration of amendments on bills received from the other house including concurrence, nonconcurrence, and amendments thereto;
(6) election of judges;
(7) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to such reports and appointments;
(8) receipt and consideration of resolutions expressing sympathy or congratulations; or
(9) if after two years following the official release of the P.L. 94-171 decennial census data a redistricting plan for the respective bodies has not been enacted by the General Assembly, the Speaker of the House and the President Pro Tempore may reconvene the General Assembly.
(D) The Speaker of the House of Representatives or the President Pro Tempore of the Senate may also reconvene their respective bodies (1) in the first session after the official release of the P.L. 94-171 decennial census data, or (2) when each officer determines it to be in the best interest of the respective body. The date and time for reconvening shall be in the sole discretion of the Speaker of the House or the President Pro Tempore, as applicable.
(E) After concluding matters for which the General Assembly reconvened pursuant to subsection (B) or (C), the General Assembly must recede.
(F) If the Speaker of the House of Representatives and the President Pro Tempore of the Senate cannot agree upon a date and time for the General Assembly to be reconvened pursuant to subsection (B) or (C), the Governor, upon request of the Speaker and the President Pro Tempore, must select the date and time upon which the General Assembly must reconvene.
The session may also be extended by concurrent resolution adopted by a two-thirds vote of both 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, no legislation or other business may be considered except the General Appropriation Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses.
(G) The General Assembly must not recess sine die on the first Thursday in June of any year unless and until the General Assembly has enacted an Appropriations bill for the next fiscal year."
SECTION 2. 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 collections are four two 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 must take action to avoid a year-end deficit."
SECTION 3. This act takes effect upon approval by the Governor.
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