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Current Status Bill Number:View additional legislative information at the LPITS web site.662 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990325 Primary Sponsor:McConnell All Sponsors:McConnell, Land and Passailaigue Drafted Document Number:l:\s-res\gfm\016coun.whb.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:County councils, counties elected officers, budget requests provisions; Political Subdivisions History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990325 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTION 4-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF A COUNTY FURNISH CERTAIN COUNTY OFFICERS WITH OFFICE SPACE, FURNITURE, STATIONERY, AND OTHER INCIDENTALS NECESSARY TO CARRY OUT THE FUNCTION OF THAT OFFICE, SO AS TO ESTABLISH A PROCEDURE FOR SUBMITTING AN ANNUAL APPROPRIATIONS REQUEST FOR FUNDING REQUESTS BY AN ELECTED COUNTY OFFICER, TO DEFINE "ELECTED COUNTY OFFICER", AND PROVIDE THAT THE OFFICER SHALL EXERCISE AUTHORITY OVER HIS BUDGET ONCE IT IS ADOPTED AND TO PROVIDE WHEN AN OFFICER'S BUDGET MAY BE REDUCED, AND PROVIDE FOR RESOLUTION OF DISPUTES BETWEEN COUNTY COUNCILS AND OFFICERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-1-80 of the 1976 Code is amended to read:
"Section 4-1-80. The governing body of each county shall furnish the probate judge, auditor, superintendent of education, clerk of court, sheriff, treasurer and master in equity of their respective counties office room, together with necessary furniture and stationery for the same, which shall be kept at the courthouse of their respective counties, and it shall supply the offices of such officials with fuel, lights, postage and other incidentals necessary to the proper transaction of the legitimate business of such offices.
The provisions of this section, as they relate to office space in the courthouse, shall not apply to Richland County.
(A) For purposes of this section, 'elected county officer', which will be referred to as 'official', means the elected county auditor, clerk of court, coroner, register of mesne conveyances, probate judge, sheriff, and treasurer.
(B)(1) An official must be provided by the county governing body sufficient office space, furniture, equipment, and personnel as are required for the orderly and efficient transaction of the official's business. The official's place of operations must be located in proximity to other centralized county operations when practical and cost efficient. Any funding and services being provided by a county governing body, as part of a countywide budget, for any infrastructure functions including, but not limited to, personnel, payroll and benefits, insurance workers' compensation, utilities, legal services, maintenance, and janitorial services shall remain with and at the funding level determined by the governing body.
(a) The level of funding required for the transaction of business of the office must be submitted by the official to both the county governing body and the chief executive officer, in writing, in an annual appropriations request which shall include the identification and description of any perceived deficiencies within the office.
(b) The chief executive officer shall review the request and must respond in writing with the revised budget for the official's office at least five days before the second reading of the budget ordinance. An official must be granted the opportunity to address council during a public hearing when the budget ordinance is presented for second reading.
(2) Pursuant to Sections 4-9-30(7), 4-9-430, 4-9-650, and 4-9-850, an official shall manage and administer the office in accordance with all laws relevant to his office, with supplemental policies and procedures as may be necessary. An official shall comply with all inquiries, investigations, or annual fiscal audits as required by law or considered necessary by a majority vote of council.
(3) Any expenditure from the official's budget must be made in accordance with the established procurement procedure of the jurisdiction having appropriated the official's funding; provided, however, pursuant to Sections 4-9-430, 4-9-650, and 4-9-850, an official may work directly with those state, county, and local agencies or businesses as may be necessary for the operation of his office.
(4) After third reading and approval of an official's budget, the official shall exercise authority over his budget; provided, however, the county governing body may reduce the budget of an official as exigencies may require during the budget year by an amount specified by the chief executive officer. An official's budget reduction requirement must be proportionate to other agencies' reductions. A budget reduction requirement must be executed by the official who shall identify those areas to be reduced.
(5)(1) If a dispute between an elected county official and the county council or chief executive officer concerning alleged interference with or improper action in connection with the statutory or constitutional duties and authority of the official arises, either party is entitled to have the dispute adjudicated by filing a petition for relief with a state administrative law judge. The administrative law judge is granted jurisdiction to adjudicate the dispute.
(2) The finding of the administrative law judge in the dispute is binding on all parties. Either party has the right to appeal the decision to the circuit court where all parties are entitled to a trial de novo without a jury on the merits of the issues involved.
(3) The circuit court judge has the authority to award reasonable attorney fees and costs as well as actual damages proven to the prevailing party."
SECTION 2. This act takes effect upon approval by the Governor.
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