A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by enacting THE "EARMARK TRANSPARENCY ACT" BY ADDING SECTION 2-1-270 SO AS TO SET FORTH THE MANNER IN WHICH EARMARKS MAY BE AWARDED.

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

SECTION 1.  This act may be cited as the "Earmark Transparency Act."

SECTION 2.  Chapter 1, Title 2 of the S.C. Code is amended by adding:

    Section 2-1-270. (A) Each request for an earmark project or program included in an appropriations bill must be memorialized in writing on a form designed by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee, respectively. The form must include the member's name who requested the earmark project or program, the date of the request, the amount requested, a description of the project and the manner in which the funds will be spent, and the full name of the recipient entity. The form must be filed with the Senate Finance Committee or the House Ways and Means Committee and must be posted on the General Assembly's website within twenty-four hours of filing.

    (B)(1) No earmark may be awarded to an organization whose governing board includes a member of the General Assembly or member of the General Assembly's immediate family member, as defined in Section 8-13-100.

       (2) An agency only may pass through an earmark to a private entity if the entity is registered and in good standing with the Secretary of State's Office.

    (C) For purposes of this section, earmark means:

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

       (2) 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 act from the prior fiscal year.

SECTION 3.  This act takes effect upon approval by the Governor.

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