H*4008 Session 111 (1995-1996)
H*4008(Rat #0181, Act #0122 of 1995) General Bill, By Govan, Cave, Cobb-Hunter,
Rhoad, Sharpe and Stuart
A Bill to amend Act 346 of 1975, relating to the Tricounty Commission on
Alcohol and Drug Abuse, so as to revise the composition of the Commission; to
delete the requirement that the Chairmanship must rotate; to add additional
powers and duties; to provide additional distribution of copies of the
Commission Audit Report; and to provide that all members currently serving on
the Commission continue to serve until the expiration of their current terms.
04/12/95 House Introduced, read first time, placed on calendar
without reference HJ-17
04/20/95 House Read second time HJ-48
04/20/95 House Unanimous consent for third reading on next
legislative day HJ-48
04/21/95 House Read third time and sent to Senate HJ-4
04/25/95 Senate Introduced and read first time SJ-15
04/25/95 Senate Referred to Committee on Medical Affairs SJ-15
05/18/95 Senate Recalled from Committee on Medical Affairs SJ-118
05/30/95 Senate Read second time SJ-77
05/30/95 Senate Ordered to third reading with notice of
amendments SJ-77
05/31/95 Senate Read third time and enrolled SJ-137
06/06/95 Ratified R 181
06/12/95 Signed By Governor
06/12/95 Effective date 06/12/95
08/10/95 Copies available
08/10/95 Act No. 122
(A122, R181, H4008)
AN ACT TO AMEND ACT 346 OF 1975, RELATING TO THE
TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE,
SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO
DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST
ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO
PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE
COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL
MEMBERS CURRENTLY SERVING ON THE COMMISSION
CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR
CURRENT TERMS.
Be it enacted by the General Assembly of the State of South
Carolina:
Commission membership and powers and duties revised; terms to be
served to completion
SECTION 1. Sections 1, 2, 3, 6, and 7 of Act 346 of 1975 are amended
to read:
"Section 1. There is created the Tricounty Commission on
Alcohol and Drug Abuse to be composed of two qualified electors from
Bamberg County, two qualified electors from Calhoun County, and five
qualified electors from Orangeburg County, to be appointed by the
Governor upon the recommendation of the respective county legislative
delegations. The members of the commission are appointed for terms of
three years and until successors are appointed and qualify. Vacancies
must be filled in the manner of the original appointment for the
unexpired portion of the term.
Section 2. The members of the commission upon being appointed
shall meet and elect a chairman, vice-chairman, and secretary-treasurer.
The commission shall meet at least monthly to direct all policies and
oversee personnel and budget matters. It may employ a director who
shall perform duties as the commission may direct. Other personnel as
may be required may be employed by the director with the approval of
the commission. The compensation paid to the director and other
personnel must be fixed by the commission.
Section 3. The commission shall:
(1) adopt, use, and alter a corporate seal;
(2) adopt bylaws for the management and regulation of its
affairs;
(3) acquire by gift or purchase lands or interest thereon;
(4) receive funds derived from alcoholic beverage taxes and other
funds for each county to be placed in one general account;
(5) expend all monies which it receives and which may be set apart
to it for its functions;
(6) prescribe rules and regulations governing the use of its
facilities;
(7) fix rates and charges for the use of any of its facilities;
(8) make contracts and execute instruments that are necessary or
convenient for the discharge of the functions of it;
(9) make contracts for construction and other services;
(10) enter into agreements for federal and state grants;
(11) accept gifts, bequests, devises, contributions, and grants, public
or private, or funds from any other sources for use in furthering the
purpose of the commission;
(12) own property and sell, convey, lease, or dispose of property, real
or personal, that it may possess;
(13) borrow money for capital improvements with the authority to
pledge or mortgage the assets of the commission as security for loans;
however, Bamberg, Calhoun, and Orangeburg counties shall have no
obligation with respect to any loans unless specifically assumed by the
county.
Section 6. The commission shall conduct its affairs on the fiscal year
basis used by the member counties and shall provide for fiscal control
and fund accounting procedures as may be necessary to assure proper
disbursement of and accounting of funds received. As soon after the
close of the fiscal year as practical an audit of commission operations
must be made. Copies of the audit, incorporated into an annual report of
the commission, must be filed with the legislative delegations, the clerks
of court, and the county councils for Calhoun, Bamberg, and Orangeburg
counties.
Section 7. The members of the Tricounty Commission on Alcohol
and Drug Abuse serving on this act's effective date shall continue to
serve until the expiration of their terms and no new appointments may be
made until the members remaining on the board reflect the composition
provided for in Section 1 as amended by this act and the term of a
remaining member expires."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995. |