Bill 802

                    Current Status


Bill Number:                    802
Ratification Number:            80
Act Number:                     159
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950501
Primary Sponsor:                Mescher
All Sponsors:                   Mescher, Rose and Richter 
Drafted Document Number:        res9721.wcm
Date Bill Passed both Bodies:   19950510
Governor's Action:              V
Date of Governor's Action:      19950517
Action on Governor's Veto:      O
Subject:                        Berkeley County, appointments and
                                budget approvals

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950523  Act No. A159
House   19950523  Veto overridden
Senate  19950518  Veto overridden
------  19950517  Vetoed by Governor
------  19950511  Ratified R80
House   19950510  Read third time, enrolled for
                  ratification
House   19950509  Read second time
House   19950504  Introduced, read first time,
                  placed on Calendar without reference
Senate  19950504  Read third time, sent to House
Senate  19950503  Read second time, unanimous consent
                  for third reading on Thursday,
                  19950504
Senate  19950501  Introduced, read first time,
                  placed on local and uncontested
                  Calendar without reference

(A159, R80, S802)

AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

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

Power of appointments devolved to county council

SECTION 1. (A) Except for the appointment of magistrates as provided in Section 22-1-10, the appointment of members of county boards of registration as provided in Section 7-5-10, and the appointment of county commissioners of election as provided in Section 7-13-70, in all cases where appointments to offices, boards, and commissions are made by or upon the recommendation of the House Delegation, the Senate Delegation, or the Joint Legislative Delegation of Berkeley County, or by any other member or combination of members of the General Assembly by reason of their representing all or a portion of Berkeley County, all said appointments must be made by or upon the recommendation of a majority of the members of the governing body of Berkeley County if, and to the extent that, the governing body of Berkeley County by ordinance or resolution agrees to accept the responsibility and the authority for making those appointments and notifies the Code Commissioner of its acceptance. All appointments and recommendations must be made without regard to race, religion, color, sex, or national origin.

(B) The application of subsection (A) includes, but is not limited to:

Name Authority

(1) Forestry Board . .Section 48-33-50

(2) Veterans Affairs .Section 25-11-40

(3) Building Permit

Inspector. . . . . .Section 4-25-240

(4) Clemson Extension

Service Agent. . . . Section 4-11-50

(5) County Department of

Social Services. . . Section 43-3-10

(6) Transportation

Committee. . . . . Section 12-27-400

(7) Department of

Disabilities and

Special Needs. . . Section 44-20-375

(8) Assistant SolicitorSection 1-7-420

(9) Low Country Resources

Conservation and

Development AuthoritySection 48-15-20

(10) Foster Care

Review Board . . . Section 20-7-2385

(11) Mental Health

Center Board . . . .Section 44-15-60

(12) Trident TEC

Board. . . . . . . Section 59-53-410

Section 59-53-440

(13) Economic Opportunity

Commission . . . . .Section 4-31-330

Levy of taxes

SECTION 2. Authority for levy of taxes or approval of budgets or millage levels for all offices, boards, and commissions referenced in Section 1 above is vested in the governing body of Berkeley County.

Acceptance of action and notification

SECTION 3. The devolution of powers provided for in this act shall occur only if, and to the extent that, the county governing body by ordinance or resolution agrees to accept the action and notifies the Code Commissioner of its acceptance. The Code Commissioner shall keep a list of such notifications and shall include the information in the statutory notes in each cumulative supplement and revised volume of the Code of Laws of South Carolina. The Code Commissioner is empowered and directed to modify all code sections which are inconsistent with this act and to indicate in the notes following a code section any action accepted by a county governing body by ordinance or resolution.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Vetoed by the Governor -- 5/17/95.

Veto overridden by Senate -- 5/18/95.

Veto overridden by House -- 5/23/95.