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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-77 SO AS TO PROVIDE FOR THE DISCLOSURE OF INFORMATION REGARDING EARMARKS REQUESTED BY MEMBERS OF THE GENERAL ASSEMBLY FOR INCLUSION IN AN APPROPRIATIONS BILL, TO PROVIDE DEFINITIONS APPLICABLE FOR THIS DISCLOSURE, AND TO PROVIDE FOR THE ENFORCEMENT OF THESE DISCLOSURE REQUIREMENTS.
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 2-7-77. (A) For purposes of this section:
(1) 'Appropriations bill' means the annual general appropriations bill, a supplemental appropriations bill, or a bill appropriating state revenues while these bills are 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' means:
(a) an appropriation for a specific program or project requested by a member of the General Assembly not originating in a written agency budget request;
(b) language in an appropriations bill requested by a member of the General Assembly directing or steering the expenditure of funds appropriated to an agency for a purpose or to a county or municipality not included in the agency's budget request.
(C)(1) A member of the General Assembly requesting an earmark in an appropriations bill, while the bill is not under debate on the floor of his particular body, shall make the request in writing to the chairman of the committee, subcommittee, or conference committee to whom the bill or portion thereof has been referred. The request shall not be made to a staff member of the committee. The chairman of the committee or subcommittee shall require such information in the written communication as he considers necessary consistent with the rules of his house. These written communications are considered public information and must be maintained with the archival papers and records of the bill on file in the Secretary of State's office.
(2) A motion made by a committee or subcommittee member in open session of the committee or subcommittee is not considered an earmark for purposes of this section so long as a record of the motion and its contents are maintained for public inspection. If no record of the motion is to be maintained for public inspection, the motion must be reduced to writing to be kept with the archival records of the bill in the same manner required in item (1).
(3) The chairman of the House Ways and Means Committee and the Senate Finance Committee, the chairman of a subcommittee of these committees, and the chairman of a committee of free conference, while these committees are considering an appropriations bill, shall enforce the requirements of this section."
SECTION 2. This act takes effect upon approval by the Governor and applies for appropriations made for fiscal years beginning after June 30, 2008.
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