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Current Status Bill Number:View additional legislative information at the LPITS web site.915 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020123 Primary Sponsor:Moore All Sponsors:Moore Drafted Document Number:l:\s-resmin\bills\moore\smin2005.tlm.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:State budget process History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020123 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET PROCESS, SO AS TO PROVIDE THAT CERTAIN INFORMATION PROVIDED TO THE GOVERNOR FOR THE UNDERTAKINGS OF STATE GOVERNMENT BE SENT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE, TO PROVIDE THAT THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE CONSTITUTE A JOINT APPROPRIATION COMMITTEE WHICH SHALL MEET TO CONSIDER AND ESTABLISH THE PROJECTED ANNUAL REVENUE AND CERTAIN REQUIRED ALLOCATIONS ON WHICH THE ANNUAL GENERAL APPROPRIATION BILL MUST BE BASED AND TO PROVIDE THAT THE BILL WHICH RECEIVES THIRD READING FIRST IN EITHER BODY SHALL BE THE RECORD BILL FOR PURPOSES FINAL PASSAGE AND TO REPEAL SECTIONS 11-11-100 AND SECTION 11-11-140.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 11, Title 11 of the 1976 Code is amended to read:
Section 11-11-10. The State Budget and Control Board shall may employ competent budget assistants and such staff special help as is authorized in the annual general appropriation act it may require to carry out the provisions of this chapter. It shall fix the compensation of such persons as it shall employ in this connection and cause such compensation, together with their necessary traveling expenses, to be paid out of the civil contingent fund. It shall call upon the State Department of Revenue and Taxation for any information desired, and the State Department of Revenue and Taxation shall furnish such information and shall be present, if requested at all hearings before the committees having charge of the appropriations in the Senate and House.
Section 11-11-15. The functions of the State Budget and Control Board in the preparation and submission to the General Assembly of the recommended state budget are devolved upon the Governor. Wherever the phrase `State Budget and Control Board' appears in the context of preparing and submitting budget recommendations to the General Assembly, it means the Governor. In preparing the recommended state budget, the Governor may consult with the State Treasurer, the Comptroller General, or other state officials as needed. The Budget Division of the State Budget and Control Board shall assist and act at the direction of the Governor in preparing the budget recommendations, but this function of the Budget Division may not be construed as altering the overall management and administration of the Budget Division as an entity of the State Budget and Control Board.
Section 11-11-20. On or before the first day of November in each year the Governor State Budget and Control Board and its assistants shall complete a careful survey of request and obtain from all of the departments, bureaus, divisions, officers, boards, commissions, institutions and other agencies and undertakings of the State, through which it shall be in possession of the working knowledge all information, reports, recommendations or any other such material the Governor will use in preparing and submitting upon which to base its his budget recommendations to the General Assembly. A copy of all of the information, reports, recommendations or any other materials provided to the Governor pursuant to this section shall be sent to the Senate Finance Committee and the House Ways and Means Committee or their successor committees at the same time such is provided to the Governor.
Section 11-11-30. On or before the first day of November, annually, each of the several State departments, bureaus, divisions, officers, commissions, institutions and other agencies and undertakings receiving or asking financial aid from the State shall report to the Governor, the Senate Finance Committee, and the House Ways and Mean Committee or their successor committees State Budget and Control Board, on official estimate blanks furnished for such purpose, an estimate in itemized form showing the amount the particular entity has determined is needed for the fiscal year beginning with the first day of July thereafter. The official estimate blanks which must be used in making these reports shall be furnished by the Board, shall be uniform and shall clearly designate the kind of information to be given thereon.
Section 11-11-40. On or before the first day of each November the Comptroller General shall furnish to the Governor, the Senate Finance Committee, and the House Ways and Mean Committee or their successor committees State Budget and Control Board the following statements, classified and itemized in strict accordance with the budget classifications adopted by the Board or required by the General Assembly:
(1) A statement showing the balance standing to the credit of the several appropriations for each department, bureau, division, officer, board, commission, institution or other agency or undertaking of the State at the end of the last preceding appropriation year;
(2) A statement showing the monthly expenditures and revenues from each appropriation account and the total monthly expenditures and revenues from all the appropriation accounts, including special and other appropriations, in the twelve months of the last preceding appropriation year;
(3) A statement showing the annual expenditures in each appropriation account and the revenues from all sources, including expenditures and revenues from special and other appropriations, for each of the last two appropriation years, with a separate column showing the increase or decrease for each item;
(4) An itemized and complete financial balance sheet for the State at the close of the last preceding fiscal year ending June thirtieth; and
(5) A statement of the current assets, liabilities, revenues and surplus or deficit of the State; and
(5 6) Such other statements as the Governor or the respective committees of the House or Senate Board shall request.
Section 11-11-50. On or before the first day of December, annually, the Comptroller General shall furnish to the State Budget and Control Board an estimate of the financial needs of the State, itemized in strict accordance with the budget classifications adopted by the Board and certified and approved by the presiding officer of each House for each year beginning with the first day of July thereafter; and he shall also furnish an estimate of the financial needs of the judiciary, as provided by law, itemized in strict accordance with the budget classification adopted by the Board, for each year, beginning with the first day of July thereafter. The Comptroller General shall transmit to the Board with these estimates full and detailed explanations of all increases or decreases. These estimates together with the accompanying explanations of increases and decreases shall be included in the budget by the Board without revisions, but with its recommendations thereon.
Section 11-11-70. (A) Within five days after the beginning of each regular session of the General Assembly the State Budget and Control Board Governor shall submit to the chairman of the Senate Finance Committee and the House Ways and Means Committee, respectively, presiding officer of each house printed copies of a budget, based on his its own conclusions and judgments, containing a complete and itemized plan of all proposed expenditures for each state department, bureau, division, officer, board, commission, institution, or other agency or undertaking, classified by functions, character, and object, and of estimated revenues and borrowings for each year, beginning with the first day of the next fiscal year. Opposite each item of the proposed expenditures the budget must show in separate parallel columns the amount appropriated for the last preceding appropriation year, for the current appropriation year and the increase or decrease.
(B) The budget which is submitted by the board Governor pursuant to this section to the presiding officer of each house must conform to the funding requirements contained in Section 36 of Article III of the Constitution of this State.
Section 11-11-80. All information required to be provided under this article must be provided in the form of an electronic document unless the text expressly provides for a printed document. The State Budget and Control Board shall accompany the budget with:
(1) A statement of the revenues and expenditures for each of the two appropriation years next preceding, classified and itemized in accordance with the official budget classification adopted by the Board;
(2) A statement of the current assets, liabilities, revenues and surplus or deficit of the State;
(3) A statement of the debts and funds of the State;
(4) A statement showing the Board's itemized estimates of the condition of the State Treasury as of the beginning and end of each year;
(5) An itemized and complete financial balance sheet for the State at the close of the last preceding fiscal year ending June thirtieth; and
(6) A general survey of the State's financial and natural resources, with a review of the general economic, industrial and commercial condition of the State.
Section 11-11-90. (A) The standing committees of the House of Representatives and of the Senate in charge of appropriation measures shall sit jointly in open sessions while considering the budget and shall begin such joint meetings within Within five days after the budget has been submitted by the Governor to the Senate Finance Committee and the House Ways and Means Committee, General Assembly by the State Budget and Control Board. This joint committee may cause the attendance of heads or responsible representatives of the departments, institutions and all other agencies of the State to furnish such information and answer such questions as the joint committee shall require and to these sessions shall be admitted, with the right to be heard, all persons interested in the estimates under consideration. The Board, or its representatives, and the Governor-elect shall have the right to sit at these public hearings and be heard on all matters coming before the joint committee." the committees shall meet jointly and shall constitute a joint appropriation committee. The Joint Appropriation Committee must, among such other actions as it may deem necessary, convene for the purpose of receiving a report from the Board of Economic Advisors and such other information as the joint committee may consider necessary and sufficient to establish the projected annual revenue available for the succeeding fiscal year. The joint committee shall, by majority vote of the Senate members and a majority vote of the House of Representative members, establish the gross estimated revenue upon which the annual general appropriations for the operations of state government for the succeeding fiscal year shall be based. Based on the established revenue estimate and such other information as may be reported to the joint committee, the joint committee shall determine the amount of revenue which must be allocated to the maintenance of any constitutional reserves, to fully fund the current projected debt service payments, to fully fund the formulae pursuant to Chapter 20 of Title 59 of the Code of laws and to fully fund the Local Government Fund pursuant to Chapter 27 of Title 6 of the Code of Laws. Thereafter, the joint committee shall report this determination to the respective committees which shall meet in their individual capacities to write and introduce a general appropriation bill. Any such bill must be based on the revenue estimate and required allocations established by the joint committee, such bill to provide, among other things for the full fiscal year appropriation sufficient to fund any continuing authorization for which less than a full fiscal year appropriation was made in the preceding fiscal year, necessary appropriations for any formula driven programs, and any other authorizations as may be required to defray the expenses of the general operation of government for the succeeding fiscal year, to the extent that revenues are available. Any such annual general appropriation bill shall be introduced and considered only as provided in this section.
(B) The bill which receives a third reading first in either body shall be fully available for amendment by the other house and shall be the record bill for purposes of further consideration by the General Assembly, for any necessary conference and for the purpose of ratification of an act of the General Assembly.
(C) The conduct of any conference committee on the general appropriation bill must adhere to the procedure established in this section. In order for any matter contained in the version of the bill as passed by either of the respective bodies to be included in the conference report, it shall require the affirmative vote of two Senate members of the conference Committee and two House of Representatives members of the conference committee. Matter which is the same in each version of the bill as passed by the respective bodies shall be included in the conference report without further action required. Matters not contained in either version as passed by the respective bodies shall only be included in the conference report upon the granting of free conference powers to the conference committee and the matter receiving a vote as herein above required.
Section 11-11-100. The General Assembly may increase or decrease items in the budget bill as it may deem to be in the interest of greater economy and efficiency in the public service.
Section 11-11-110. The chairman of the ways and means committee of the House of Representatives and the chairman of the finance committee of the Senate shall receive, in addition to their per diem, their actual traveling expenses, to be audited and approved by the Comptroller General.
Section 11-11-140. (A) General fund appropriations in the annual general appropriations act may not exceed the base revenue estimate as calculated pursuant to subsection (B) or as adjusted pursuant to subsection (C).
(B) For purposes of this section, the base revenue estimate is the lesser of:
(1) (a) the total of recurring general fund revenues collected in the fiscal year completed before the General Assembly first considers the annual general appropriations bill increased by any recurring general fund revenue enhancements occurring in the current fiscal year if such enhancements are certified by the Board of Economic Advisors;
(b) increased by a sum equal to seventy-five percent of the amount the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year exceeds the amount in subitem (a) of this item; or
(2) the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year.
The base revenue estimate may be increased or decreased (1) by any amendment to the general appropriations bill which affects the Board of Economic Advisors revenue estimate or (2) enacted legislation which affects the board's estimate, if the board certifies in writing the change in estimated revenue.
(D) Appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred and may be appropriated only for nonrecurring purposes.
(E) In making a recommendation to the General Assembly for the fiscal year 1994-95 budget, and for each year thereafter, the Budget and Control Board shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless such change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting.
(F) Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this subsection, that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general fund of such amount as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside surplus occurred, is appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State Property Tax Relief Fund is fully funded, the procedure in subsection (D) must be applied."
SECTION 2. This act takes effect upon approval by the Governor.
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