South Carolina General Assembly
119th Session, 2011-2012

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Bill 230


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 2-3-30 OF THE 1976 CODE, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR, TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY MAY ONLY RECEIVE REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED FOR MEALS AND LODGING FOR EACH LEGISLATIVE DAY, TO PROVIDE THAT MEMBERS OF STANDING COMMITTEES AND JOINT STUDY COMMITTEES TRAVELLING ON OFFICIAL STATE BUSINESS OR OFFICIAL BUSINESS OF THE HOUSE OF REPRESENTATIVES OR THE SENATE MAY BE REIMBURSED ONLY FOR ACTUAL EXPENSES INCURRED FOR LODGING AND MEALS AND FOR MILEAGE AT THE RATE PROVIDED FOR BY LAW FOR THE ACTUAL DISTANCE TRAVELED IN THE MOST DIRECT ROUTE GOING TO AND RETURNING FROM THEIR HOMES, AND TO PROVIDE FOR LIMITATIONS ON THE ACTUAL AMOUNT REIMBURSED.

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

SECTION    1.    Section 2-3-30 of the 1976 Code is amended to read:

"Section 2-3-30. (A)    Except for legislative days which, by Senate or House action, are designated for consideration only of local and uncontested matters, members of the General Assembly, including the Lieutenant Governor, shall be paid fifty ($50.00) dollars subsistence expenses for each legislative day. Provided, such subsistence allowance shall be paid for each calendar day occurring within the same legislative day to members of that body in session on each calendar day. Members of the General Assembly, including the Lieutenant Governor, shall receive reimbursement only for actual expenses incurred for lodging and meals for each legislative day that the respective body is in session and in any other instance in which a member is allowed reimbursement. Only members of the General Assembly present are eligible for reimbursement on that day. For the purposes of this subsection, 'legislative day' means those days commencing on the regular annual convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, Sunday, and Monday.

(B)(1)    Standing committees of the Senate and House of Representatives are authorized to continue work during the interim; however, House members must receive advanced approval by the Speaker of the House and Senate members must receive advanced approval by the President Pro Tempore of the Senate or the standing committee chairman to meet.  

(2)    If advanced approval is not received, the members of the General Assembly shall not be paid reimbursements authorized in this subsection.  

(3)    When certified by the Speaker of the House, the President Pro Tempore of the Senate, or the standing committee chairman, the members serving on the committees shall receive reimbursement only for actual expenses incurred for lodging and meals and for mileage at the rate provided for by law for the actual distance traveled in the most direct route going to and returning from their homes.  

(4)    The funds for reimbursements authorized pursuant to this subsection shall be paid to the members of the Senate or House of Representatives from the approved accounts of the respective body, except as otherwise may be provided.

(C)(1)    Joint study committees created pursuant to acts and resolutions of the General Assembly are authorized to continue work during the interim to secure the information and complete the investigations assigned to committee.  

(2)    House members must receive advanced approval by the Speaker of the House and Senate members must receive advanced approval by the President Pro Tempore of the Senate or standing committee chairman to meet.  

(3)    If advanced approval is not received, the House and Senate members of a joint study committee shall not be reimbursed for actual expenses incurred for lodging and meals, nor for mileage.  

(4)    When certified by the appropriate authority, the members appointed to a joint study committee shall receive reimbursement for actual expenses incurred for lodging and meals and for mileage at the rate provided for by law for the actual distance traveled in the most direct route going to and returning from their homes.  

(5)    The funds for reimbursements authorized pursuant to this subsection shall be paid to the members of the Senate or House of Representatives from the approved accounts of the respective body, except as otherwise may be provided.

(D)(1)    When traveling on official state business, members of the Senate and the House of Representatives shall be allowed to receive reimbursement for actual expenses incurred for lodging and meals directly related to the official state business. Members of the Senate and the House of Representatives may also receive reimbursement for mileage at the rate provided for by law if the member's mileage incurred is directly related to the official state business.  

(2)    When traveling on official business of the Senate or the House of Representatives, not directly associated with a committee of the General Assembly, members shall be allowed to receive reimbursement for actual expenses incurred for lodging and meals upon approval of the President Pro Tempore of the Senate or the Speaker of the House of Representatives. Members of the Senate and the House of Representatives may also receive reimbursement for mileage at the rate provided for by law if the mileage incurred is directly related to the official business of the House of Representatives or the Senate.  

(3)    The funds for reimbursements authorized pursuant to this subsection shall be paid to the members of the Senate or House of Representatives from the approved accounts of the respective body, except as otherwise may be provided.

(E)    Members of the House of Representatives and the Senate shall not be reimbursed for actual expenses incurred in connection with any function held outside of the regular session of the General Assembly unless prior approval has been received from the Speaker of the House or the President Pro Tempore, as appropriate.

(F)    Reimbursement for actual expenses incurred and mileage pursuant to this section shall not exceed the level authorized in the annual appropriations act for the applicable fiscal year or authorized by the Internal Revenue Service if the annual appropriations act does not set an amount."

SECTION    2.    This act takes effect upon approval by the Governor.

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