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H. 3540
STATUS INFORMATION
General Bill
Sponsors: Reps. G.R. Smith, M.A. Pitts, Haley, Ballentine, Bedingfield, Millwood, Duncan, J.R. Smith, Hamilton, Bowen, Stringer, E.H. Pitts, Bingham, Cato, Cole, Daning, Gambrell, Harrell, Herbkersman, Horne, Kirsh, Littlejohn, Scott, Stewart, Thompson, Whipper, Williams, Willis, Wylie, A.D. Young, T.R. Young, Lowe, Stavrinakis, Hutto, G.M. Smith and Allison
Document Path: l:\council\bills\nbd\11266sd09.docx
Companion/Similar bill(s): 221, 229
Introduced in the House on February 17, 2009
Currently residing in the House Committee on Ways and Means
Summary: Truth in Spending Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/17/2009 House Introduced and read first time HJ-4
2/17/2009 House Referred to Committee on Ways and Means HJ-4
2/24/2009 House Member(s) request name added as sponsor: Lowe,
Stavrinakis, Hutto, G.M.Smith
3/3/2009 House Member(s) request name added as sponsor: Allison
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE "SOUTH CAROLINA TRUTH IN SPENDING ACT" TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE, AND TO PROVIDE THAT EACH LOCAL GOVERNMENTAL ENTITY MUST ANNUALLY POST ONLINE A LISTING OF ITS FULL TIME EMPLOYEES GROUPED BY CLASS ALONG WITH THE NUMBER OF FULL TIME POSITIONS IN EACH CLASS AND THE AVERAGE SALARY IN EACH CLASS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "South Carolina Truth in Spending Act".
SECTION 2. Chapter 1, Title 1 of the 1976 Code is amended by adding:
Section 1-1-1100. For the purposes of this article:
(1) 'Class' means a group of positions sufficiently similar in the duties performed, degree of supervision exercised or received, minimum requirements of education or experience, and the knowledge, skills, and abilities required to perform the functions and duties of the position.
(2) 'Detailed description of the expenditure' means a description of an expenditure that enables the reader to distinguish that expenditure from other expenditures and is particular enough in its account of the expenditure that the reader is able to discern the purpose of the expenditure.
(3) 'Local governmental entity' means every county, municipal corporation, township, school district, special purpose district, drainage district, or other taxing or governmental unit organized under the laws of the State.
(4) 'State agency' means an agency, department, or institution of state government.
Section 1-1-1110. (A) Each state agency and local governmental entity in the State shall maintain a transaction register that includes a complete record of all funds expended over one hundred dollars, from whatever source for whatever purpose. The register must be prominently posted on the Internet website maintained by the entity and made available for public viewing and downloading.
(B)(1) The register must include for each expenditure:
(a) the transaction amount;
(b) the name of the payee; and
(c) a detailed statement of the purpose of the expenditure.
(2) The register must not include an entry for salary, wages, or other compensation paid to individual employees.
(3) The register must not include any information that can be used to identify an individual employee.
(4) The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.
(C) The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for at least five years.
Section 1-1-1120. (A) Each state agency and local governmental entity in the State shall maintain on its Internet website a copy of each monthly statement for all its credit cards, including credit cards issued to its officers or employees for official use.
(B) The credit card number on each statement must be redacted prior to posting on the Internet website.
(C) Each credit card statement must be posted not later than the thirtieth day after the first date that any portion of the balance due as shown on the statement is paid. Each statement must be maintained on the website for at least five years.
Section 1-1-1130. (A) Each year, on or before February first, each local governmental entity in the State must post on its Internet website a listing of all of its full time positions grouped by class. The listing must provide the number of full time employees, average compensation in each class, and the actual compensation for each position receiving annual compensation equal to or more than fifty thousand dollars per year. The posting required by this section must be maintained on the district's Internet website for five years.
(B) Each state agency shall post on its Internet website the report that must be prepared pursuant to Section 1-1-970. Each report must be maintained on the Internet website for five years.
Section 1-1-1140. (A) State agencies and local governmental entities that do not maintain an Internet website must transmit all information required by this article to the board in a manner determined by the board to be included on the Internet website required by this section.
(B) The State Budget and Control Board must establish and maintain a website to contain the information required by this article from a state agency or a local governmental entity that does not maintain its own Internet website. The Internet website must be organized so that the public can differentiate between the state agency or local governmental entities and search for the information they are seeking.
Section 1-1-1150. The provisions of this article shall not be construed to require any law enforcement agency to report in detail expenditures which would jeopardize the necessary confidentiality of its operations, but all such agencies shall report the total amount of funds expended for payments to informants and for purchases of illegal substances in connection with criminal investigations.
Section 1-1-1160. The provisions contained in this article do not amend, suspend, supercede, replace, revoke, restrict, or otherwise affect Chapter 4, Title 30, the South Carolina Freedom of Information Act."
SECTION 3. This act takes effect January 1, 2010.
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