South Carolina General Assembly
117th Session, 2007-2008

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H. 4202

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Harrell, W.D. Smith and Cooper
Document Path: l:\council\bills\bbm\10133htc07.doc

Introduced in the House on May 31, 2007
Introduced in the Senate on June 6, 2007
Last Amended on June 5, 2007
Currently residing in the Senate Committee on Finance

Summary: Continuing Resolution for fiscal year 2007-2008

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/31/2007  House   Introduced, read first time, placed on calendar without 
                        reference HJ-15
    6/1/2007          Scrivener's error corrected
    6/5/2007  House   Amended HJ-40
    6/5/2007  House   Read second time HJ-42
    6/5/2007  House   Reconsider vote whereby read second time HJ-42
    6/5/2007  House   Amended HJ-42
    6/5/2007  House   Read second time HJ-43
    6/6/2007  House   Debate adjourned HJ-12
    6/6/2007  House   Read third time and sent to Senate HJ-19
    6/6/2007  Senate  Introduced and read first time SJ-28
    6/6/2007  Senate  Referred to Committee on Finance SJ-28
    6/6/2007          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/31/2007
5/31/2007-A
6/1/2007
6/5/2007
6/6/2007

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

June 5, 2007

H. 4202

Introduced by Reps. Harrell, W.D. Smith and Cooper

S. Printed 6/5/07--H.    [SEC 6/6/07 1:37 PM]

Read the first time May 31, 2007.

            

A JOINT RESOLUTION

TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2007-2008 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.

Amend Title To Conform

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

SECTION    1.    (A)    If the 2007-2008 state fiscal year begins with no annual general appropriations act in effect for that year, the authority to pay the recurring expenses of state government continues at the level of amounts appropriated in Act 397 of 2006 for the recurring expenses of state government for fiscal year 2007-2008 except as provided in subsection (B).

The effective dates of Parts IA and IB of Act 397 of 2006 are extended until the effective date for appropriations made in a general appropriations act for fiscal year 2007-2008, after which appropriations made pursuant to this joint resolution are deemed to have been made pursuant to the general appropriations act for fiscal year 2007-2008.

(B)(1)    Notwithstanding debt service appropriations in Act 397 of 2006 and until the effective date of the appropriations made in a general appropriations act for fiscal year 2007-2008, there is appropriated from the general fund of the State whatever amount is necessary for timely debt service on state obligations and other amounts constitutionally required to be appropriated, including the Capital Reserve Fund. The General Reserve Fund is established in the amount required by law.

(2)(a)    The provisions of Part IB, Section 63.32, the employee pay provisions, are reenacted effective on the first pay date that occurs on and after July 1, 2007. Amounts sufficient to pay these increases are appropriated from the general fund of the State to the appropriate accounts.

(b)    There is appropriated from the general fund of the State whatever amounts are necessary to fund employee benefits at levels above those provided pursuant to Act 397 of 2006 if those increases have been imposed pursuant to provisions of law not included in the annual general appropriations act.

(c)    Amounts necessary to annualize all pay increases occurring in fiscal year 2006-2007 are appropriated from the general fund of the State to the appropriate accounts.

(d)    To the extent not provided pursuant to subitem (b) of this item, there is appropriated from the general fund of the State for state employer contributions for the state health plans the sum of $38,524,000.

(e)(i)    There is appropriated from the general fund of the State to the trust fund established by law for the funding of state health insurance for state retirees the sum of $47,400.000.

(ii)    In addition to and for the same purposes provided pursuant to subsubitem (i) of this subitem there is appropriated from surplus fiscal year 2006-2007 general fund revenues the sum of $16,079,104.

(3)(a)    There is appropriated from the EIA fund first, and to the extent necessary, from the general fund of the State, whatever amount is necessary to maintain teachers' salaries for the 2007-2008 school year at a level above the current Southeastern average equal to the amount above that average provided in Act 397 of 2006 for school year 2006-2007.

(b)(i)    Section 1.3, Part IB of Act 397 of 2006 is amended to read:

"1.3    (SDE:EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent of the General Assembly to provide for one hundred percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast. The base student cost for the current fiscal year has been determined to be $2,367 $2,476. In fiscal year 2006-07 2007-2008, the total pupil count is projected to be 677,092 683,601. The average per pupil funding is projected to be $4,357 $4,571 state, $1,086 $1,066 federal, and $5,333 $4,929 local. This is an average total funding level of $10,776 $10,566 excluding revenues of local bond issues.

Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for Summer School."

(ii)    There is appropriated from the general fund of the State whatever amount is necessary to fund the EFA as provided pursuant to this subitem.

(iii)    In addition to other EFA appropriations made pursuant to this subitem, there is appropriated from surplus fiscal year 2006-2007 general fund revenues the sum of $28,000,000 for the EFA adjustments provided pursuant to subsubitem (iv) of this subitem.

(iv)    The Department of Education shall notify the State Treasurer if any school district in this State is projected to receive less state EFA funding for fiscal year 2007-2008 than such funding in the prior fiscal year. Upon notification, the treasurer shall disburse to the Department of Education a sufficient amount of the sum appropriated pursuant to subsubitem (iii) of this subitem to compensate for the difference that any district is projected to receive as compared to the prior fiscal year. The department shall use these funds to supplement the school district's monthly disbursement of state EFA funds so that the district's monthly disbursement is equivalent to the monthly disbursement in the prior fiscal year.

Ten million dollars of the sum appropriated pursuant to subsubitem (iii) of this subitem must be used by the State Department of Education to supplement the school districts that are negatively affected by the lack of revision of the 2007 Final Index of Taxpaying Ability.

In fiscal year 2007-2008, school districts receiving a higher amount of state EFA funds because of the lack of revision of the 2007 Final Index of Taxpaying Ability shall direct those funds received through error of the 2007 Final Index of Taxpaying Ability towards non-recurring allowable expenditures.

The Department of Revenue shall calculate the 2008 Index of Taxpaying Ability on the 2007 Index of Taxpaying Ability as if amended.

(4)    There is appropriated from the general fund of the State whatever amount is necessary to fund the State Aid to Subdivisions Act in the amounts provided by law.

(5)(a)    There is appropriated to the Department of Health and Human Services the sum of $30,000,000 for Medicaid program growth.

(b)    There is appropriated to the Department of Health and Human Services from the general fund of the State the sum of $22,067,044 for the Children's Health Insurance Program (CHIP).

(6)(a)    There is appropriated from surplus fiscal year 2006-2007 general fund revenue to the State Ports Authority the sum of $171,541,103 for the State Ports Authority port access road.

(b)    The amount appropriated to the State Ports Authority for the port access road pursuant to this item must be credited to an account in the State Treasury, which is hereby established, separate and distinct from the general fund of the State and all other funds. Earnings on this account must be credited to it and unexpended revenues in this account carry-forward to succeeding fiscal years and must be used for the same purposes as the original appropriation.

(7)    There is appropriated from surplus fiscal year 2006-2007 general fund revenue the sum of $3,000,000 to the Department of Commerce for the Donaldson Development Commission.

SECTION    2.    This joint resolution takes effect July 1, 2007.

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