South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

R104, H3137

STATUS INFORMATION

General Bill
Sponsors: Reps. G.M. Smith, Lucas, Ott, Stavrinakis, Simrill, Rutherford, Pope, Clyburn, S. Williams, Cobb-Hunter, Bailey, Erickson, Bradley, Yow, Forrest, Kirby, Sottile, Murphy, Chellis, Kimmons, Rose, Wheeler, Young, Clemmons, Cogswell, Gilliard, B. Newton, Anderson, Jefferson, Bales, Blackwell, McDaniel, Moore, R. Williams and Henderson-Myers
Document Path: l:\council\bills\nbd\11128dg19.docx

Introduced in the House on January 8, 2019
Introduced in the Senate on February 5, 2019
Last Amended on May 20, 2019
Passed by the General Assembly on May 20, 2019

Summary: State Aid to Subdivisions Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2018  House   Prefiled
  12/18/2018  House   Referred to Committee on Ways and Means
    1/8/2019  House   Introduced and read first time (House Journal-page 99)
    1/8/2019  House   Referred to Committee on Ways and Means 
                        (House Journal-page 99)
   1/10/2019  House   Member(s) request name added as sponsor: Cobb-Hunter
   1/16/2019  House   Member(s) request name added as sponsor: Bailey, 
                        Erickson, Bradley, Yow, Forrest, Kirby
   1/24/2019  House   Member(s) request name added as sponsor: Sottile
   1/29/2019  House   Member(s) request name added as sponsor: Murphy, 
                        Chellis, Kimmons
   1/30/2019  House   Member(s) request name added as sponsor: Rose, Wheeler
   1/30/2019  House   Committee report: Favorable with amendment Ways and 
                        Means (House Journal-page 18)
   1/31/2019  House   Member(s) request name added as sponsor: Gilliard, 
                        Young, Clemmons, Cogswell, B.Newton, Anderson, 
                        Jefferson, Bales, Blackwell, McDaniel, Moore, 
                        R.Williams, Henderson-Myers
   1/31/2019  House   Amended (House Journal-page 34)
   1/31/2019  House   Read second time (House Journal-page 34)
   1/31/2019  House   Roll call Yeas-112  Nays-0 (House Journal-page 37)
   1/31/2019  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 39)
    2/1/2019  House   Read third time and sent to Senate (House Journal-page 2)
    2/5/2019  Senate  Introduced and read first time (Senate Journal-page 11)
    2/5/2019  Senate  Referred to Committee on Finance (Senate Journal-page 11)
    4/9/2019  Senate  Committee report: Favorable with amendment Finance 
                        (Senate Journal-page 17)
   4/10/2019          Scrivener's error corrected
    5/7/2019  Senate  Committee Amendment Adopted (Senate Journal-page 16)
    5/7/2019  Senate  Amended (Senate Journal-page 16)
    5/8/2019  Senate  Read second time (Senate Journal-page 81)
    5/8/2019          Scrivener's error corrected
    5/8/2019  Senate  Roll call Ayes-43  Nays-0 (Senate Journal-page 81)
    5/9/2019  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 91)
    5/9/2019  House   Senate amendment amended (House Journal-page 119)
    5/9/2019  House   Returned to Senate with amendments 
                        (House Journal-page 119)
    5/9/2019  Senate  Non-concurrence in House amendment 
                        (Senate Journal-page 92)
    5/9/2019  House   House insists upon amendment and conference committee 
                        appointed Reps.  Bannister, Finlay, Cobb-Hunter 
                        (House Journal-page 187)
    5/9/2019  Senate  Conference committee appointed   Cromer, Scott, Corbin 
                        (Senate Journal-page 93)
   5/20/2019  Senate  Conference report received and adopted 
                        (Senate Journal-page 8)
   5/20/2019  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 8)
   5/20/2019  House   Conference report adopted (House Journal-page 34)
   5/20/2019  House   Roll call Yeas-106  Nays-1 (House Journal-page 38)
   5/22/2019          Ratified R  104

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/18/2018
1/30/2019
1/31/2019
4/9/2019
4/10/2019
5/7/2019
5/8/2019
5/9/2019
5/20/2019

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

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R104, H3137)

AN ACT TO AMEND CHAPTER 27, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, SO AS TO DELETE THE REQUIREMENT THAT THE FUND RECEIVE NO LESS THAN FOUR AND ONE-HALF PERCENT OF THE GENERAL FUND REVENUES OF THE LATEST COMPLETED FISCAL YEAR, TO DELETE A PROVISION REGARDING MIDYEAR CUTS, TO PROVIDE THAT THE APPROPRIATION TO THE FUND MUST BE ADJUSTED BY THE SAME PERCENTAGE THAT GENERAL FUND REVENUES ARE PROJECTED TO INCREASE OR DECREASE, IF APPLICABLE, BUT NOT TO EXCEED FIVE PERCENT, TO REQUIRE THAT THE ADJUSTMENT, IF APPLICABLE, BE INCLUDED IN ALL STAGES OF THE BUDGET PROCESS, AND TO DELETE A PROVISION REQUIRING AMENDMENTS TO THE STATE AID TO SUBDIVISIONS ACT BE INCLUDED IN SEPARATE LEGISLATION.

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

State aid to subdivisions

SECTION    1.    Chapter 27, Title 6 of the 1976 Code is amended to read:

"CHAPTER 27

State Aid to Subdivisions Act

Section 6-27-10.    This chapter may be cited as the 'State Aid to Subdivisions Act'.

Section 6-27-20.    There is created the Local Government Fund administered by the State Treasurer. This fund is part of the general fund of the State. The Local Government Fund must be financed as provided in this chapter.

Section 6-27-30.    (A)    In the annual general appropriations act, the General Assembly must appropriate funds to the Local Government Fund.

(B)(1)    In any fiscal year in which general fund revenues are projected to increase or decrease, the appropriation to the Local Government Fund for the upcoming fiscal year must be adjusted by the same projected percentage change, but not to exceed five percent, when compared to the appropriation in the current fiscal year. For purposes of this subsection, beginning with the initial forecast required pursuant to Section 11-9-1130, the percentage adjustment in general fund revenues must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications shall have any effect on that determination.

(2)    The Governor shall include the appropriation required by this chapter to the Local Government Fund in the Executive Budget.

(3)    The Revenue and Fiscal Affairs Office shall determine the current fiscal year's recurring general fund expenditure base, and determine any projected adjustment in general fund revenues. If a change is projected, the appropriation for the upcoming fiscal year must be adjusted accordingly.

(C)    For purposes of this section:

(1)    'Recurring general fund revenue' means the forecast of recurring general fund revenues pursuant to Section 11-9-1130 after the amount apportioned to the Trust Fund for Tax Relief, as required in Section 11-11-150, is deducted.

(2)    'Recurring general fund expenditure base' means the total recurring general fund appropriations authorized in the current general appropriations act less any reduced appropriations mandated by the General Assembly or the Executive Budget Office pursuant to Section 11-9-1140(B).

Section 6-27-40.    (A)    Not later than thirty days after the end of the calendar quarter, the State Treasurer shall distribute the monies appropriated to the Local Government Fund as follows:

(1)    Eighty-three and two hundred seventy-eight thousandths percent must be distributed to counties. Of the total distributed to counties, each county must receive an amount based on the ratio that the county's population is of the whole population of this State according to the most recent United States Census.

(2)    Sixteen and seven hundred twenty-two thousandths percent must be distributed to municipalities. Of the total distributed to municipalities, each municipality must receive an amount based on the ratio that the municipality's population is of the population of all municipalities in this State according to the most recent United States Census.

(B)    In making the quarterly distribution to counties, the State Treasurer must notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 allocated on a per capita basis according to the most recent United States Census.

Section 6-27-55.    From funds distributed to the county pursuant to Section 6-27-40, a county council shall provide a reasonable amount of funds for all county offices of state agencies for which the council is required to provide funding by state law."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and first applies to the annual general appropriations bill process for Fiscal Year 2020-2021.

Ratified the 22nd day of May, 2019.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2019.

___________________________________________

Governor

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This web page was last updated on May 22, 2019 at 4:03 PM