H 4699 Session 109 (1991-1992)
H 4699 Joint Resolution, By J.T. McElveen and J.H. Hodges
A Joint Resolution to require the Legislative Audit Council and the State
Reorganization Commission to jointly conduct a study of state government in
order to make recommendations concerning making state government more
efficient, effective, and accountable, the elimination of duplicate services,
consolidation of agency functions, desirability of implementing total quality
management in state government, and the possible reorganization of this
State's system of higher education, to provide for the required completion
dates of this study which are staggered over a period of five years, to
include in the study certain public authorities or entities established by
state law the funding and revenues of which are not expended or appropriated
by the General Assembly in the annual General Appropriations Act, to provide
that if the General Assembly does not adopt the recommendations of the Audit
Council and the Reorganization Commission by enacting appropriate legislation
or if it does not otherwise extend an agency by Act or Joint Resolution, the
agency or entity is abolished as of a specified date, and to provide that the
provisions of Chapter 20, Title 1 of the 1976 Code, relating to the sunsetting
of certain agencies and departments, are suspended until July 1, 1997.
04/08/92 House Introduced and read first time HJ-7
04/08/92 House Referred to Committee on Ways and Means HJ-7
04/08/92 House Recalled from Committee on Ways and Means HJ-26
04/23/92 House Read second time HJ-9
04/23/92 House Unanimous consent for third reading on next
legislative day HJ-11
04/24/92 House Read third time and sent to Senate HJ-2
04/28/92 Senate Introduced and read first time SJ-29
04/28/92 Senate Referred to Committee on Finance SJ-29
RECALLED
April 8, 1992
H. 4699
Introduced by REPS. McElveen and Hodges
S. Printed 4/8/92--H.
Read the first time April 8, 1992.
A JOINT RESOLUTION
TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL AND THE
STATE REORGANIZATION COMMISSION TO JOINTLY
CONDUCT A STUDY OF STATE GOVERNMENT IN ORDER TO
MAKE RECOMMENDATIONS CONCERNING MAKING STATE
GOVERNMENT MORE EFFICIENT, EFFECTIVE, AND
ACCOUNTABLE, THE ELIMINATION OF DUPLICATE SERVICES,
CONSOLIDATION OF AGENCY FUNCTIONS, DESIRABILITY OF
IMPLEMENTING TOTAL QUALITY MANAGEMENT IN STATE
GOVERNMENT, AND THE POSSIBLE REORGANIZATION OF
THIS STATE'S SYSTEM OF HIGHER EDUCATION, TO PROVIDE
FOR THE REQUIRED COMPLETION DATES OF THIS STUDY
WHICH ARE STAGGERED OVER A PERIOD OF FIVE YEARS, TO
INCLUDE IN THE STUDY CERTAIN PUBLIC AUTHORITIES OR
ENTITIES ESTABLISHED BY STATE LAW THE FUNDING AND
REVENUES OF WHICH ARE NOT EXPENDED OR
APPROPRIATED BY THE GENERAL ASSEMBLY IN THE
ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE
THAT IF THE GENERAL ASSEMBLY DOES NOT ADOPT THE
RECOMMENDATIONS OF THE AUDIT COUNCIL AND THE
REORGANIZATION COMMISSION BY ENACTING
APPROPRIATE LEGISLATION OR IF IT DOES NOT OTHERWISE
EXTEND AN AGENCY BY ACT OR JOINT RESOLUTION, THE
AGENCY OR ENTITY IS ABOLISHED AS OF A SPECIFIED DATE,
AND TO PROVIDE THAT THE PROVISIONS OF CHAPTER 20,
TITLE 1 OF THE 1976 CODE, RELATING TO THE SUNSETTING
OF CERTAIN AGENCIES AND DEPARTMENTS, ARE
SUSPENDED UNTIL JULY 1, 1997.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The State Reorganization Commission and the
Legislative Audit Council shall jointly study state government in order
to make recommendations concerning the following objectives:
(1) to implement changes that will make state government more
efficient, effective, and accountable to the people of the State;
(2) to eliminate unnecessary duplication of government services
and administration by streamlining state government;
(3) to consolidate agencies' functions and administration wherever
such consolidation is both feasible and desirable;
(4) to study the desirability of implementing Total Quality
Management (TQM) in state government; and
(5) to study the regency system of higher education and other
organizational structures of other states' higher education systems in
order to compare to South Carolina's present system for the purpose of
the possible reorganization of this state's system of higher education.
In their study the commission and the council shall give
consideration to recent reports of the committee on the future of South
Carolina and the Commission on Government Restructuring.
SECTION 2. The State Reorganization Commission and the
Legislative Audit Council shall delay or suspend all sunset review, other
projects, and activities to the extent necessary to ensure that the
objectives herein specified are given priority and are accomplished
within the prescribed timeframe. If additional funding is deemed
necessary, the commission and the council must request and justify such
funding in the annual appropriation process.
SECTION 3. (A) The manner in which the study required by this
resolution must be conducted is provided in this subsection. The
Legislative Audit Council shall first conduct an audit of the agencies and
departments falling within a division classification hereinafter
established in subsection (C) and shall render a report thereon to the
State Reorganization Commission in the same manner that audits are
conducted and reports rendered as provided by Chapter 15, Title 2 of the
1976 Code. The State Reorganization Commission shall then examine
the report of the Audit Council and make a recommendation as to any
desirable reorganization or consolidation of the agencies and
departments examined in the report and shall make its recommendations
to the Governor and the General Assembly in the same manner it
prepares and submits reorganization plans as provided by Chapter 19,
Title 1 of the 1976 Code.
(B) For purposes of subsection (C), agencies and departments
must be grouped within the particular divisions therein established as
determined by the Audit Council and Reorganization Commission,
except that to the extent possible the Audit Council and Reorganization
Commission shall group agencies within divisions in the same manner
the agencies are grouped within divisions in the recapitulation section
of the most recent annual general appropriations bill.
(C) The study of the Audit Council and the Reorganization
Commission must be conducted and rendered according to the following
schedule:
(1) Transportation Division;
(a) date Audit Council
report due Reorganization Commission 12/31/92
(b) date Reorganization
Commission recommendation due 6/30/93
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/94
(2) Health and Human Services,
Environmental and Health Services
Divisions;
(a) date Audit Council report
due Reorganization Commission 6/30/93
(b) date Reorganization
Commission recommendation due12/31/93
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/94
(3) Public Instruction, Higher
Education Divisions;
(a) date Audit Council report
due Reorganization Commission12/31/93
(b) date Reorganization
Commission recommendation due 6/30/94
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/95
(4) Administration, Adjutant
General Divisions;
(a) date Audit Council report
due Reorganization Commission 6/30/94
(b) date Reorganization
Commission recommendation due12/31/94
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/96
(5) Corrections, Rehabilitation,
Public Safety Divisions;
(a) date Audit Council report
due Reorganization Commission12/31/94
(b) date Reorganization
Commission recommendation due 6/30/95
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/96
(6) Commerce, Natural Resources,
Agriculture Divisions;
(a) date Audit Council report
due Reorganization Commission 6/30/95
(b) date Reorganization
Commission recommendation due 12/31/95
(c) date agencies or other
entities terminated unless General
Assembly restructures or reauthorizes 6/30/96
(7) Literary and Cultural Affairs,
Employment Services Divisions;
(a) date Audit Council report
due Reorganization Commission12/31/95
(b) date Reorganization
Commission recommendation due 6/30/96
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/97
(D) The Audit Council and Reorganization Commission may
complete their reports or recommendations sooner than the dates
specified in subsection (C) if their budgets and workloads allow, but the
dates required for General Assembly restructuring or reauthorization,
which are also the termination dates for the agencies or entities if the
General Assembly does not act, remain the same.
(E) Any public authority or entity established by state law,
including the State Ports Authority, the South Carolina Research
Authority, the State Public Railways Commission, and the South
Carolina Public Service Authority, the funding and revenues of which
are not expended or appropriated by the General Assembly in the annual
state general appropriations act are deemed to come within the
commerce division and must be studied and audited in the same manner
as are other state agencies and departments coming within the commerce
division.
(F) If the General Assembly does not adopt the report of the Audit
Council and the recommendations of the Reorganization Commission by
enacting appropriate legislation or if it does not otherwise extend that
agency or department by act or joint resolution, the agency or
department is abolished as of the date specified in subsection (C).
(G) The provisions of Chapter 20, Title 1 of the 1976 Code,
relating to the sunsetting of certain agencies and departments are
suspended until July 1, 1997.
SECTION 4. The chairmen of Senate and House standing
committees and all officers of these bodies including the majority and
minority leaders may attend and participate in all State Reorganization
Commission meetings which are held in accordance with the
requirements of this resolution.
SECTION 5. The Reorganization Commission shall meet each fiscal
year at least one time at a central location within each of the state's
congressional districts in the evening hours, in order to assure maximum
citizen participation, to discuss and receive public input on the need for
governmental reorganization and ideas on how to best structure an
effective, efficient, and accountable state government.
SECTION 6. This joint resolution takes effect upon approval by the
Governor.
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