H 3283 Joint Resolution, By J.T. McElveen
 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, 1998.

   01/27/93  House  Introduced and read first time HJ-7
   01/27/93  House  Referred to Committee on Ways and Means HJ-7

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, 1998.

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 12/31/93

(b) date Reorganization

Commission recommendation due 6/30/94

(c) date agencies terminated

unless General Assembly restructures or

reauthorizes 6/30/95

(2) Health and Human Services,

Environmental and Health Services

Divisions;

(a) date Audit Council report

due Reorganization Commission 6/30/94

(b) date Reorganization

Commission recommendation due 12/31/94

(c) date agencies terminated

unless General Assembly restructures or

reauthorizes 6/30/95

(3) Public Instruction, Higher

Education Divisions;

(a) date Audit Council report due Reorganization Commission 12/31/94

(b) date Reorganization

Commission recommendation due 6/30/95

(c) date agencies terminated

unless General Assembly restructures or

reauthorizes 6/30/96

(4) Administration, Adjutant

General Divisions;

(a) date Audit Council report

due Reorganization Commission 6/30/95

(b) date Reorganization

Commission recommendation due 12/31/95

(c) date agencies terminated

unless General Assembly restructures or

reauthorizes 6/30/97

(5) Corrections, Rehabilitation,

Public Safety Divisions;

(a) date Audit Council report

due Reorganization Commission 12/31/95

(b) date Reorganization

Commission recommendation due 6/30/96

(c) date agencies terminated

unless General Assembly restructures or

reauthorizes 6/30/97

(6) Commerce, Natural Resources,

Agriculture Divisions;

(a) date Audit Council report

due Reorganization Commission 6/30/96

(b) date Reorganization

Commission recommendation due 12/31/96

(c) date agencies or other

entities terminated unless General

Assembly restructures or reauthorizes 6/30/97

(7) Literary and Cultural Affairs,

Employment Services Divisions;

(a) date Audit Council report

due Reorganization Commission 12/31/96

(b) date Reorganization

Commission recommendation due 6/30/97

(c) date agencies terminated

unless General Assembly restructures or

reauthorizes 6/30/98

(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, 1998.

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.