Current Status Bill Number:View additional legislative information at the LPITS web site.3347 Ratification Number:535 Act Number:454 Introducing Body:House Subject:Creating the South Carolina Advisory Commission on Intergovernmental Relations
(A454, R535, H3347)
AN ACT CREATING THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, PROVIDING FOR ITS MEMBERSHIP AND DEFINING ITS POWER AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that there is a need for a permanent intergovernmental body to:
(a) Involve local and state officials in an advisory capacity to the executive and legislative branches of state government;
(b) Study problems of the intergovernmental aspects of governmental structure, finance, functional performance, and relationships at the local, regional, state, and interstate levels;
(c) Recommend solutions to intergovernmental problems;
(d) Establish a regular system of reporting to state and local public officials on the progress of South Carolina and its political subdivisions toward meeting their intergovernmental responsibilities;
(e) Encourage and recommend methods of effective and efficient delivery of services at the state and local levels through service integration in combination with complimentary services delivery functions;
(f) Assume responsibilities for administering, coordinating, or providing intergovernmental services as required by the General Assembly or the Governor;
(g) Provide the General Assembly, the Governor, and other interested parties with advice on intergovernmental concerns;
(h) To recommend any constitutional amendments and statutory enactments required to implement appropriate Commission recommendations.
Commission created
SECTION 2. There is created the South Carolina Advisory Commission on Intergovernmental Relations (Commission).
Composition of commission
SECTION 3. (a) The Commission is composed of twenty-one members appointed by the Governor as follows: four members of the Senate, four members of the House of Representatives, three municipal officials recommended by the Municipal Association of South Carolina; three county officials recommended by the South Carolina Association of Counties; one regional council official recommended by the South Carolina Association of Regional Councils; one representative recommended by the South Carolina Association of Special Purpose Districts; one elected school board member recommended by the South Carolina School Board Association; and four members appointed by the Governor from the State at large. All members must be appointed for two year terms except that of those initially appointed, ten must be appointed for terms of one year. In making the initial appointments the Governor shall designate the initial terms of all members. Members shall serve until their successors are appointed and qualify. Members may be reappointed. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term.
(b) The Commission shall elect a chairman at an initial meeting called by the Governor. The Commission shall also elect a vice chairman and other officers it determines to be necessary. The chairman and vice chairman shall serve terms of one year and until their successors are elected and qualify. The chairman and vice chairman may succeed themselves.
(c) Twelve members shall constitute a quorum.
Functions and duties
SECTION 4. The Commission shall carry out the following functions and duties:
(a) Serve as a forum for the discussion and study of intergovernmental problems;
(b) To the extent not otherwise provided by law evaluate on a continuous basis the interrelationships among local, regional, state, interstate, and federal agencies in the provision of public services to the citizens of South Carolina and as appropriate prepare studies and recommendations to improve organizational structure, operational efficiency, the allocation of functional responsibilities, the delivery of services, and related matters;
(c) Analyze the structure, function, revenue requirements, and fiscal policies of South Carolina and its political subdivisions and conduct studies of economic, administrative, tax, and revenue matters for all levels of government and make recommendations for needed improvement;
(d) Examine proposed and existing federal and state programs, assess their impact upon South Carolina, and its political subdivisions, and provide the assessments and recommendations where appropriate to the General Assembly, the Governor, or any other group, public or private, whose activities affect intergovernmental relations.
(e) Encourage and where appropriate coordinate studies relating to intergovernmental relations conducted by universities, state, local, and federal agencies in research and consulting organizations;
(f) Review the recommendations of national commissions studying federal, state, and local government relationships and problems and assess their possible application to South Carolina;
(g) Issue annual reports of its findings and recommendations setting forth the reasons and supporting data for each recommendation and may include draft legislation to implement the recommendations. Recommendations regarding economic and taxation issues must be accompanied by supportive analysis of economic data. The Commission may issue special or interim reports on special subjects as appropriate;
(h) Review and assess the work and recommendations of the federal Advisory Commission on Intergovernmental Relations and report the assessment.
Duties, meetings, committees, regulations.
SECTION 5. (a) The Commission shall meet quarterly and at other times as it finds necessary. The Commission may hold public hearings on matters within its jurisdiction.
(b) Each officer, board, commission, council, department, or agency of state government, and each political subdivision of the State, shall, when not inconsistent with any law or regulation regarding confidentiality, make available all facts, records, information, and data requested by the Commission and cooperate with the Commission in carrying out its duties.
(c) The Commission may establish committees whose membership may be made up in whole or in part of Commission members.
(d) Subject to the requirements of the Administrative Procedures Act the Commission shall promulgate regulations governing its operation.
Compensation for executive director
SECTION 6. The Commission may employ and set compensation for an executive director and other professional and clerical positions upon the appropriation of sufficient funds by the General Assembly or other sources as provided in Section 7. The duties of the executive director and other personnel of the Commission must be set by the Commission.
Funding
SECTION 7. The Commission shall receive funding as may be provided by the General Assembly and the Commission may expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities. The Commission shall recommend an annual budget and appropriation request to the Budget and Control Board.
Nonlegislative members to receive mileage, subsistence, and per
diem
SECTION 8. Nonlegislative members of the Commission shall receive the usual mileage, subsistence, and per diem provided by law for members of committees, boards, and commissions to be paid from Commission funds. Mileage, subsistence, and per diem for legislative members must be paid from the approved accounts of their respective Houses.
Time effective
SECTION 9. This act shall take effect July 1, 1984.