South Carolina General Assembly
119th Session, 2011-2012

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Indicates Matter Stricken
Indicates New Matter

S. 435

STATUS INFORMATION

General Bill
Sponsors: Senators Elliott, Bryant, Campbell, Ford and Campsen
Document Path: l:\council\bills\ggs\22729zw11.docx

Introduced in the Senate on January 26, 2011
Introduced in the House on April 6, 2011
Last Amended on June 1, 2011
Currently residing in the House Committee on Ways and Means

Summary: Local government entities receiving public funds

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/26/2011  Senate  Introduced and read first time (Senate Journal-page 8)
   1/26/2011  Senate  Referred to Committee on Finance (Senate Journal-page 8)
   3/30/2011  Senate  Committee report: Favorable with amendment Finance 
                        (Senate Journal-page 29)
   3/31/2011  Senate  Committee Amendment Adopted (Senate Journal-page 19)
   3/31/2011  Senate  Read second time (Senate Journal-page 19)
   3/31/2011  Senate  Roll call Ayes-39  Nays-0 (Senate Journal-page 19)
    4/1/2011          Scrivener's error corrected
    4/5/2011  Senate  Read third time and sent to House 
                        (Senate Journal-page 24)
    4/6/2011  House   Introduced and read first time (House Journal-page 11)
    4/6/2011  House   Referred to Committee on Ways and Means 
                        (House Journal-page 11)
   5/26/2011  House   Recalled from Committee on Ways and Means 
                        (House Journal-page 27)
    6/1/2011  House   Amended (House Journal-page 36)
    6/1/2011  House   Requests for debate-Rep(s). White, King, Merrill, 
                        Herbkersman, Patrick, Brantley, Erickson, Crawford, 
                        Ott, JH Neal, Williams, RL Brown, Anderson, Clyburn, 
                        Hosey, Branham, Whipper, Mack, and Weeks 
                        (House Journal-page 36)
    6/1/2011  House   Debate adjourned until Friday, June 3, 2011 
                        (House Journal-page 52)
   1/12/2012  House   Recommitted to Committee on Ways and Means 
                        (House Journal-page 140)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/26/2011
3/30/2011
3/31/2011
4/1/2011
5/26/2011
6/1/2011

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

AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Path council\agm\19169bh11)

June 1, 2011

S. 435

Introduced by Senators Elliott, Bryant, Campbell, Ford and Campsen

S. Printed 5/26/11--H.

Read the first time April 6, 2011.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES, AGENCIES, ORGANIZATIONS, OR INDIVIDUALS THAT RECEIVE, COLLECT, OR SPEND PUBLIC FUNDS DERIVED FROM STATE OR LOCAL TAX REVENUE TO FILE PERIODIC EXPENDITURE REPORTS WITH THE STATE OR LOCAL GOVERNMENTAL ENTITY OR AGENCY THAT PROVIDED, COLLECTED, OR SPENT THE PUBLIC FUNDS.

Amend Title To Conform

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

SECTION    1.    Article 15, Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-1050.    (A)    By no later than July 1, 2012, a non-governmental entity, agency, or organization, whether for or not-for-profit, that received more than one hundred dollars in county or municipal grants in the previous calendar year, must begin annual submissions of an expenditure report to the jurisdiction awarding the funds. For purposes of this section, 'grants' are those monies derived either from county or municipal tax revenue or appropriated to the jurisdiction by the General Assembly that are awarded, gifted, designated, or contributed by a jurisdiction to an entity, agency, or organization, whether by formula or at the jurisdiction's discretion for any purpose, including revenues distributed pursuant to Section 4-10-970(B). 'Grants' do not include payments for direct services or goods.

(B)    The expenditure report must include:

(1)    the amount of funds received,

(2)    the amount of funds expended,

(3)    the purposes for which the funds were expended, and

(4)    any other information required by the jurisdiction so as to promote transparency and public confidence in how the grantee entities, agencies, and organizations expend the funds.

(C)    Unless all or portions of the report may be redacted or exempted pursuant to subsection (D), a county and municipality receiving expenditure reports required by this section shall prominently display the reports on the jurisdiction's Internet website. The reports must be downloadable and maintained for three years. If a jurisdiction does not maintain an Internet website, the register must be maintained on the Internet website of the Comptroller General. Also, a jurisdiction shall display the name and amount of funds awarded to any entity, agency, or organization that has failed to timely submit an expenditure report.

(D)    Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section. A county or municipality may also exempt disclosure of any expenditure or reimbursement that the jurisdiction determines is reasonable and necessary to exclude. If a jurisdiction excludes an expenditure or reimbursement, the jurisdiction must, in general terms, state the reasons for the exclusion. The statement shall be displayed in the same manner and location as the expenditure report.

(E)    To avoid additional expense for county and municipal governments in the implementation of this section, the expenditure reporting must be effected using existing resources with no additional expense to the jurisdiction. The Office of the Comptroller General must be available to county and municipal governments, upon their formal request, to provide technical assistance in meeting the requirements of this section. The Office of the Comptroller General shall not intercede on behalf of jurisdictions unless a formal request is made."

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

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