View Amendment Current Amendment: JUD0010.001.docx to Bill 10     The COMMITTEE ON JUDICIARY proposed the following amendment (JUD0010.001):
    Amend the joint resolution, as and if amended, by striking all after the enacting language and inserting therein the following:

/         SECTION     1.     It is essential that the State act to reduce the cost of state government, through all means available, including efficiencies, economies, greater effectiveness, and other means to streamline government in order to ensure that available state tax dollars are being spent efficiently and effectively. Many state agencies were created years ago, and a review of all agencies and their activities, functions, programs, and services is needed to determine whether the purpose served by the agency or activity, function, program, or service continues to be relevant and cost efficient.

SECTION     2.     As used in this joint resolution, unless the context requires otherwise:
    (1)     "Agency" means and includes any office, department, board, commission, institution, division, instrumentality, or functional group, existing before or created after the enactment of this joint resolution, that is authorized to exercise, or that does exercise, a function in the executive branch of state government. "Agency" does not mean a public institution of postsecondary education, a postsecondary education governing or management board, an entity under the control of a public institution of postsecondary education or postsecondary education governing or management board, or an entity whose operating budget is not appropriated by the South Carolina General Assembly through the annual appropriations bill.
    (2)     "Commission" means the Commission on Streamlining Government and Reduction of Waste.

SECTION     3.     (A)     There is created the Commission on Streamlining Government and Reduction of Waste to examine each agency's statutory activities, functions, programs, services, powers, duties, and responsibilities to determine, in an effort to reduce the size of state government, which of these activities, functions, programs, services, powers, duties, and responsibilities may be:
        (1)     eliminated;
        (2)     streamlined;
        (3)     consolidated;
        (4)     privatized; or
        (5)     outsourced.
    (B)     The commission shall target agencies whose activities, functions, programs, or services may be consolidated or eliminated, in addition to identifying opportunities for privatizing and outsourcing current state activities, functions, programs, or services.
    (C)     The commission shall examine the necessity and performance of activities, functions, programs, and services to ensure that they are meeting current performance standards effectively and efficiently and they are meeting the needs of South Carolina citizens.
    (D)     The commission is composed of:
        (1)     the Speaker of the House of Representatives, or his designee;
        (2)     the President Pro Tempore of the Senate, or his designee;
        (3)     the Chairman of the House Ways and Means Committee, or his designee;
        (4)     the Chairman of the Senate Finance Committee, or his designee;
        (5)     two individuals appointed by the Governor;
        (6)     one individual appointed by the Speaker of the House of Representatives; and
        (7)     one individual appointed by the President Pro Tempore of the Senate.    
    (E)     The members of the commission are entitled to receive per diem as is allowed by law for legislative members of boards, committees, and commissions when engaged in the exercise of their duties as members of the commission. This must be paid from approved accounts of their respective appointing authorities.
    (F)(1)     The commission may hold public hearings as part of its evaluation process and may appoint advisory groups to conduct studies, research, or analyses, and make reports and recommendations with respect to a matter within the jurisdiction of the commission. Each advisory group shall consist of no more than five members including at least one commission member, with one of the commission members serving as its chairman, and no more than three non-commission members. The non-commission advisory group members shall be entitled to vote on matters before the advisory group.
        (2)     At the first meeting, the members of the commission shall elect from their membership a chairman and vice chairman and other officers as necessary. The President Pro Tempore of the Senate or his designee shall preside over the commission until a chairman is elected.
        (3)     Members of each advisory group are entitled to receive a per diem pursuant to subsection (E).

SECTION     4.     (A)     Reports submitted by the commission pursuant to this section may include recommendations:
        (1)     to eliminate, streamline, consolidate, privatize, or outsource constitutional and statutory agency activities, functions, programs, services, powers, duties, and responsibilities to provide the same or greater type and quality of activity, function, program, or service that results in cost reduction or greater efficiency or effectiveness;
        (2)     to ensure that agency activities, functions, programs, and services are not duplicative and are necessary, meeting or exceeding performance standards, and meeting the needs of South Carolina citizens;
        (3)     for the elimination, consolidation, privatization, or outsourcing of an agency to provide a more cost efficient or more effective manner of providing an activity, function, program, or service;
        (4)     providing for the use of alternative resources to the operation of agencies, activities, functions, programs, and services to provide a more cost-effective manner without impacting the quality or availability of needed services; and
        (5)     for standards, processes, and guidelines for agencies to use in order to review and evaluate government activities, functions, programs, and services to eliminate, streamline, consolidate, privatize, or outsource.
    (B)(1)     The commission shall submit an initial report of its recommendations, including recommendations requiring legislation or administrative action, to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 3, 2012.
        (2)     The commission shall submit the recommendations in the report as a reorganization plan and submit the plan to the Governor, the President Pro Tempore of the Senate, the Chairman of the Senate Finance Committee, the Speaker of the House of Representatives, and the Chairman of the House Ways and Means Committee by January 2, 2013. The committees shall review the plan by February 5, 2013.
        (3)     Executive and legislative action should be taken to implement the portions of the reorganization plan that are either approved or modified as soon as possible.
    (C)     The commission shall submit a report before January 1, 2014, consisting of the status and implementation of the reorganization plan to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. Upon request by the Governor, President Pro Tempore of the Senate, or the Speaker of the House of Representatives, the commission must submit an updated report of the status and implementation of the reorganization plan. A request for an updated report must be submitted no later than July first, and the report submitted by January first of the following year.

SECTION     5.     The staffs of the Senate, House of Representatives, and State Budget and Control Board may provide staff support and otherwise assist the commission as requested by the commission. The commission may submit a written request to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the State Budget and Control Board for specific support and assistance to be provided by the staffs of their respective agencies.

SECTION     6.     (A)     Each agency shall furnish aid, services, and assistance as may be requested by the commission.
    (B)     To the extent permitted by, and in accordance with, applicable laws, each officer and agency shall make available all facts, records, information, and data requested by the commission and in all ways cooperate with the commission in carrying out the functions and duties imposed by this joint resolution.
    (C)     All information requested by the commission must be submitted to the commission as soon as possible but not more than fifteen business days after the date of the request. The commission chairman may extend this time period for good cause shown.    

SECTION     7.     The commission may apply for, contract for, receive, and expend for purposes of this joint resolution any appropriation or grant from the State, its political subdivisions, the federal government, or any other public or private source to carry out its duties and responsibilities.

SECTION     8.     This joint resolution is repealed January 10, 2016.

SECTION     9.     This joint resolution takes effect upon approval by the Governor.         /

    Renumber sections to conform.
    Amend title to conform.