South Carolina General Assembly
117th Session, 2007-2008

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Bill 4346

Indicates Matter Stricken
Indicates New Matter


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

COMMITTEE REPORT

April 24, 2008

H. 4346

Introduced by Reps. Harrell, Ballentine, Talley, Lowe, Young, Toole, E.H. Pitts, Kirsh, Littlejohn, Cotty, Bedingfield, Walker and Mahaffey

S. Printed 4/24/08--H.

Read the first time January 8, 2008.

            

THE COMMITTEE ON WAYS AND MEANS

To whom was referred a Bill (H. 4346) to amend the Code of Laws of South Carolina, 1976, by adding Section 2-7-81 so as to provide for the disclosure of information regarding earmark projects, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

DANIEL T. COOPER for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-81 SO AS TO PROVIDE FOR THE DISCLOSURE OF INFORMATION REGARDING EARMARK PROJECTS OR PROGRAMS REQUESTED BY MEMBERS OF THE GENERAL ASSEMBLY FOR INCLUSION IN AN APPROPRIATIONS BILL, TO PROVIDE DEFINITIONS APPLICABLE FOR THE DISCLOSURE, AND TO PROVIDE FOR THE ENFORCEMENT OF THESE DISCLOSURE PROVISIONS.

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

SECTION    1.    Chapter 7, Title 2 of the 1976 Code is amended by adding:

"Section 2-7-81.    (A)    For purposes of this section:

(1)    'Appropriations bill' means the annual general appropriations bill, a supplemental appropriations bill, the joint resolution appropriating revenues of the capital reserve fund, a bill appropriating contingency reserve fund revenues, bond bills, or any other bill appropriating state revenues while under consideration by the House Ways and Means Committee or Senate Finance Committee or any subcommittee thereof and any free conference committee on an appropriations bill. For purposes of this definition, a bill includes a joint resolution.

(2)    'Earmark project or program' means:

(a)    an appropriation for a specific program or project not originating with a written agency budget request or not included in an appropriations bill from the prior fiscal year;

(b)    an appropriations bill proviso directing the expenditure of funds appropriated to an agency for a purpose not originating with a written agency budget request or not included in an appropriations bill from the prior fiscal year.

(B)(1)    Every request for an earmark project or program included in an appropriations bill must be memorialized in writing on a form designed jointly by the Chairmen of the House Ways and Means Committee and the Senate Finance Committee. The form must include the member's name who requested the earmark project or program, an explanation of the earmark project or program requested, and such other information as the form may require. The form must be filed with the House Ways and Means Committee or Senate Finance Committee, as appropriate.

(2)    Every request for an earmark project or program included in the House Ways and Means Committee and the Senate Finance Committee versions of an appropriations bill must be listed on a separate document prepared by the appropriate committee and placed on the members' desks before beginning debate of the appropriations bill on second reading. The document must include the members' name requesting the earmark project or program, a brief description of the earmark project or program request, and such other information as the form may require and must be posted on the General Assembly's website.

(3) In the case of an earmark project or program request included while an appropriations bill is under consideration by a committee of free conference, the form required by subsection (B)(1) must be filed with the designee of the chairman of the committee of free conference and posted on the General Assembly's website. An earmark project or program request made while an appropriations bill is in a committee of free conference must be listed on a separate document, similar to the form described in subsection (B)(2), and placed on the members' desks prior to beginning debate of the report of the committee of free conference.

(C)    If the provisions of subsection (B)(1) are not followed in reference to an individual earmark project or program, a two-thirds vote of the membership present and voting is required to include the earmark project or program in the appropriations bill or the report of the committee of free conference."

SECTION    2.    This act takes effect upon approval by the Governor and applies for appropriations made for fiscal years beginning after 2008.

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