Current Status Introducing Body:Senate Bill Number:228 Ratification Number:181 Act Number:157 Primary Sponsor:McGill Type of Legislation:GB Subject:Funding to counties to be appropriated by legislature Date Bill Passed both Bodies:19930602 Computer Document Number:S.228 Governor's Action:S Date of Governor's Action:19930615 Introduced Date:19930119 Date of Last Amendment:19930601 Last History Body:------ Last History Date:19930615 Last History Type:Act No. 157 Scope of Legislation:Statewide All Sponsors:McGill Macaulay O'Dell Russell Patterson Ford Reese Saleeby Martin Wilson Leventis Passailaigue Greg Smith McConnell Moore Peeler Rankin Rose Courtney Lander Richter Mitchell Elliott Matthews Washington Thomas Glover Gregory Stilwell Cork Ryberg Land Waldrep Courson Hayes Bryan Jackson Setzler Mescher Short Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
228 ------ 19930615 Act No. 157
228 ------ 19930615 Signed by Governor
228 ------ 19930610 Ratified R 181
228 Senate 19930602 Concurred in House amendment,
enrolled for ratification
228 House 19930602 Read third time, returned to
Senate with amendment
228 House 19930601 Amended, read second time
228 House 19930526 Recalled from Committee 30
228 House 19930421 Introduced, read first time, 30
referred to Committee
228 Senate 19930420 Amended, read third time,
sent to House
228 Senate 19930414 Read second time, notice of
general amendments
228 Senate 19930413 Committee Report: Favorable 06
with amendment
228 Senate 19930119 Introduced, read first time, 06
referred to Committee
View additional legislative information at the LPITS web site.
(A157, R181, S228)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-55, SO AS TO PROVIDE THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVEDY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, PROVIDED A SIMPLE MAJORITY OF THE MEMBERS VOTING IN EACH HOUSE IS REQUIRED IF ONE OF SEVERAL CRITERIA APPLIES, PROVIDE THAT EXCEPT UPON APPROVAL OF EACH HOUSE OF THE GENERAL ASSEMBLY, BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE, IT MAY NOT ENACT, AMEND, OR REPEAL ANY GENERAL LAW IF THE ANTICIPATED EFFECT OF DOING SO WOULD BE TO REDUCE THE AUTHORITY THAT COUNTIES HAVE TO RAISE REVENUES IN THE AGGREGATE, AS THE AUTHORITY EXISTS ON JULY 1, 1993, PROVIDE FOR EXCEPTIONS TO THIS SECTION, PROVIDE THAT THE DUTIES, REQUIREMENTS, AND OBLIGATIONS IMPOSED BY GENERAL LAWS IN EFFECT ON JULY 1, 1993, ARE NOT SUSPENDED BY THE PROVISIONS OF THIS SECTION; AND BY ADDING SECTION 5-7-310 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 4-9-55 APPLY TO GENERAL LAWS ENACTED BY THE GENERAL ASSEMBLY WHICH AFFECT MUNICIPALITIES.
Be it enacted by the General Assembly of the State of South Carolina:
Expenditure of funds by a county prohibition
SECTION 1. The 1976 Code is amended by adding:
"Section 4-9-55. (A) No county may be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:
(1) funds have been appropriated that have been estimated by the State Budget Division at the time of enactment to be sufficient to fund the expenditures;
(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;
(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments; (4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement.
(B) Except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.
(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the Judicial Department;
(3) criminal laws;
(4) election laws;
(5) the general appropriations act;
(6) the Department of Education;
(7) special appropriations acts;
(8) laws reauthorizing but not expanding then-existing statutory authority;
(9) laws having a fiscal impact of less than ten cents per capita on a statewide basis, laws creating, modifying, or repealing noncriminal infractions.
(D) The duties, requirements, and obligations imposed by general laws in effect on July 1, 1993, are not suspended by the provisions of this section."
Provisions apply to municipalities
SECTION 2. The 1976 Code is amended by adding:
"Section 5-7-310. The provisions of Section 4-9-55 apply to general laws enacted by the General Assembly which affect municipalities."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1993.