H*4321 Session 109 (1991-1992)
H*4321(Rat #0296, Act #0526 of 1992) Joint Resolution, By J.G. McAbee,
R.L. Altman, Bailey, B.O. Baker, D.W. Beatty, L.E. Bennett, Boan, G.A. Brown,
H. Brown, J. Brown, D.M. Bruce, A.W. Byrd, Carnell, Cato, C.D. Chamblee,
H.H. Clyborne, J.D. Cole, K.S. Corbett, Cork, R.S. Corning, Delleney, Elliott,
L.L. Elliott, Fair, T.L. Farr, J.G. Felder, S.R. Foster, R.C. Fulmer, Glover,
S.E. Gonzales, H.M. Hallman, P.B. Harris, Harrison, Harvin, Haskins,
B.L. Hendricks, J.H. Hodges, W.S. Houck, T.E. Huff, Inabinett, M.F. Jaskwhich,
Jennings, Keegan, K.G. Kempe, Kennedy, H.H. Keyserling, M.H. Kinon, Kirsh,
J.R. Klapman, Koon, Littlejohn, C.V. Marchbanks, Martin, D.E. Martin,
J.G. Mattos, McCraw, J.T. McElveen, A.C. McGinnis, M. McLeod, Phillips, J. Rama,
Rhoad, Meacham, Riser, T.F. Rogers, L.W. Ross, Scott, Sharpe, Sheheen,
J.R. Shirley, J.S. Shissias, R. Smith, J.J. Snow, C.H. Stone, C.L. Sturkie,
L.S. Taylor, Townsend, J.W. Tucker, C.Y. Waites, C.C. Wells, L.S. Whipper,
J.M. White, Wilkes, Wilkins, D. Williams, S.S. Wofford and Young-Brickell
A Joint Resolution to provide that the terms of office for the present members
of the South Carolina Board of Social Services are terminated; to transfer
temporarily all powers and duties of the Board to the State Budget and Control
Board; to direct the Budget and Control Board to appoint an Interim
Commissioner; to provide that the current Commissioner shall remain an
employee of the Department; to provide that any restructuring of the
Department must be consistent with State law and certain changes approved by
the Budget and Control Board; to provide that the county boards of social
services are only advisory to the county directors; and to provide that the
county departments of social services are temporarily under the authority of
the State Commissioner of Social Services.-amended title
01/30/92 House Introduced, read first time, placed on calendar
without reference HJ-7
02/04/92 House Read second time HJ-24
02/05/92 House Read third time and sent to Senate HJ-36
02/06/92 Senate Introduced and read first time SJ-21
02/06/92 Senate Referred to Committee on General SJ-22
02/13/92 Senate Committee report: Favorable with amendment
General SJ-16
02/19/92 Senate Read second time SJ-15
02/19/92 Senate Ordered to third reading with notice of
amendments SJ-15
02/20/92 Senate Debate adjourned SJ-24
02/20/92 Senate Amended SJ-45
02/20/92 Senate Read third time and returned to House with
amendments SJ-54
02/25/92 House Point of order- Sen. amends. need to be printed &
on desks for 24 hrs. HJ-2
02/27/92 House Senate amendment amended HJ-36
02/27/92 House Returned to Senate with amendments HJ-38
03/03/92 Senate Concurred in House amendment and enrolled SJ-13
03/04/92 Ratified R 296
03/05/92 Signed By Governor
03/05/92 Effective date 03/05/92
03/05/92 Act No. 526
04/07/92 Copies available
(R296, H4321)
A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF
OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH
CAROLINA BOARD OF SOCIAL SERVICES ARE TERMINATED;
TO TRANSFER TEMPORARILY ALL POWERS AND DUTIES OF
THE BOARD TO THE STATE BUDGET AND CONTROL BOARD;
TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT
AN INTERIM COMMISSIONER; TO PROVIDE THAT THE
CURRENT COMMISSIONER SHALL REMAIN AN EMPLOYEE OF
THE DEPARTMENT; TO PROVIDE THAT ANY RESTRUCTURING
OF THE DEPARTMENT MUST BE CONSISTENT WITH STATE LAW
AND CERTAIN CHANGES APPROVED BY THE BUDGET AND
CONTROL BOARD; TO PROVIDE THAT THE COUNTY BOARDS
OF SOCIAL SERVICES ARE ONLY ADVISORY TO THE COUNTY
DIRECTORS; AND TO PROVIDE THAT THE COUNTY
DEPARTMENTS OF SOCIAL SERVICES ARE TEMPORARILY
UNDER THE AUTHORITY OF THE STATE COMMISSIONER OF
SOCIAL SERVICES.
Whereas, the State Department of Social Services is the state's public
welfare agency with a total budget of five hundred thirty-two million, one
hundred six thousand, six hundred fifty-eight dollars; and
Whereas, the State Department of Social Services provides critical
services to the state's most needy and vulnerable citizens and has a
projected budget deficit in excess of fifteen million dollars; and
Whereas, the General Assembly is gravely concerned with the inability of
the current South Carolina Board of Social Services to fulfill its basic
statutory duties and its inability to work effectively with the agency's own
employees, to cooperate with other agencies and branches of state
government, and, importantly, to cooperate with and assist the General
Assembly and the Executive Branch in efforts to help resolve the many
financial and organizational problems of the State Department of Social
Services; and
Whereas, the General Assembly recognizes the continuing divisions
within the board and the failure of the commissioner and the board to
work effectively in providing leadership, motivation, and purpose to the
staff which is vital to ensuring proper oversight and accounting for the
limited public resources allocated to this state agency; and
Whereas, the General Assembly recognizes that the inadequate
management of this agency raises serious and legitimate doubt among the
citizens of the State as to the ability of the incumbent leaders to fulfill the
missions of this agency; and
Whereas, the lack of confidence in the leadership compels the General
Assembly to act to avert a deepening crisis among the increasing number
of our citizens who depend upon the services provided by this agency and
the taxpayers who demand and rightly should expect the public resources
to be properly managed and accounted for; and
Whereas, the continued independence of forty-six separate county
operations of the State Department of Social Services does not allow for
uniformity in and coordination of services or accountability; and
Whereas, in order to provide uniformity in and coordination of services
and to assure accountability of the county operations of the departments of
social services, it is necessary to place all county directors of the local
departments of social services in a chain of authority directly under the
State Commissioner of Social Services; and
Whereas, the General Assembly acknowledges that it is charged by statute
with the responsibility to elect the members of the South Carolina Board
of Social Services, and the General Assembly also recognizes that it is
charged by Section 1, Article XII of the Constitution of South Carolina to
provide for appropriate agencies; and
Whereas, Commissioner James L. Solomon, Jr., has announced his
retirement from the State Department of Social Services effective June 30,
1992. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Powers of board transferred; authority of county boards and directors
revised
SECTION 1. The terms of office of the present members of the South
Carolina Board of Social Services are terminated on the effective date of
this resolution.
All powers and duties of the South Carolina Board of Social Services
are transferred temporarily to the State Budget and Control Board until the
General Assembly again may address this matter.
The Budget and Control Board shall appoint an interim commissioner
to assume the responsibilities of the current State Commissioner of Social
Services, James L. Solomon, Jr. Upon the effective date of this resolution,
Mr. Solomon shall remain an employee of the department at his current
salary, receive full benefits, and serve in a consulting capacity to the
interim commissioner and report directly to him until the effective date of
his retirement. The interim commissioner shall report to the Budget and
Control Board and serves at the pleasure of the board. Restructuring or
reorganization of the department must be consistent with existing law. An
internal structural or organizational change during this interim period must
be approved by the Budget and Control Board.
The county boards of social services serve only in an advisory capacity
to the county directors. The directors of the county departments of social
services are placed temporarily under a chain of authority directly under
and answerable to the State Commissioner of Social Services until the
General Assembly takes other action on this matter.
Time effective
SECTION 2. This joint resolution takes effect upon approval by the
Governor.
In the Senate House March 4, 1992.
Nick A. Theodore,
President of the Senate
David M. Beasley,
Speaker Pro Tempore of the
House of Representatives
Approved the 5th day of March, 1992.
Carroll A. Campbell, Jr.,
Governor
Printer's Date -- March 20, 1992 -- S.
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