H*4008(Rat #0181, Act #0122 of 1995)  General Bill, By Govan, Cave, Cobb-Hunter, 
Rhoad, Sharpe and Stuart
 A Bill to amend Act 346 of 1975, relating to the Tricounty Commission on
 Alcohol and Drug Abuse, so as to revise the composition of the Commission; to
 delete the requirement that the Chairmanship must rotate; to add additional
 powers and duties; to provide additional distribution of copies of the
 Commission Audit Report; and to provide that all members currently serving on
 the Commission continue to serve until the expiration of their current terms.

   04/12/95  House  Introduced, read first time, placed on calendar
                     without reference HJ-17
   04/20/95  House  Read second time HJ-48
   04/20/95  House  Unanimous consent for third reading on next
                     legislative day HJ-48
   04/21/95  House  Read third time and sent to Senate HJ-4
   04/25/95  Senate Introduced and read first time SJ-15
   04/25/95  Senate Referred to Committee on Medical Affairs SJ-15
   05/18/95  Senate Recalled from Committee on Medical Affairs SJ-118
   05/30/95  Senate Read second time SJ-77
   05/30/95  Senate Ordered to third reading with notice of
                     amendments SJ-77
   05/31/95  Senate Read third time and enrolled SJ-137
   06/06/95         Ratified R 181
   06/12/95         Signed By Governor
   06/12/95         Effective date 06/12/95
   08/10/95         Copies available
   08/10/95         Act No. 122

AN ACT TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.

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

Commission membership and powers and duties revised; terms to be served to completion

SECTION 1. Sections 1, 2, 3, 6, and 7 of Act 346 of 1975 are amended to read:

"Section 1. There is created the Tricounty Commission on Alcohol and Drug Abuse to be composed of two qualified electors from Bamberg County, two qualified electors from Calhoun County, and five qualified electors from Orangeburg County, to be appointed by the Governor upon the recommendation of the respective county legislative delegations. The members of the commission are appointed for terms of three years and until successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

Section 2. The members of the commission upon being appointed shall meet and elect a chairman, vice-chairman, and secretary-treasurer. The commission shall meet at least monthly to direct all policies and oversee personnel and budget matters. It may employ a director who shall perform duties as the commission may direct. Other personnel as may be required may be employed by the director with the approval of the commission. The compensation paid to the director and other personnel must be fixed by the commission.

Section 3. The commission shall:

(1) adopt, use, and alter a corporate seal;

(2) adopt bylaws for the management and regulation of its affairs;

(3) acquire by gift or purchase lands or interest thereon;

(4) receive funds derived from alcoholic beverage taxes and other funds for each county to be placed in one general account;

(5) expend all monies which it receives and which may be set apart to it for its functions;

(6) prescribe rules and regulations governing the use of its facilities;

(7) fix rates and charges for the use of any of its facilities;

(8) make contracts and execute instruments that are necessary or convenient for the discharge of the functions of it;

(9) make contracts for construction and other services;

(10) enter into agreements for federal and state grants;

(11) accept gifts, bequests, devises, contributions, and grants, public or private, or funds from any other sources for use in furthering the purpose of the commission;

(12) own property and sell, convey, lease, or dispose of property, real or personal, that it may possess;

(13) borrow money for capital improvements with the authority to pledge or mortgage the assets of the commission as security for loans; however, Bamberg, Calhoun, and Orangeburg counties shall have no obligation with respect to any loans unless specifically assumed by the county.

Section 6. The commission shall conduct its affairs on the fiscal year basis used by the member counties and shall provide for fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting of funds received. As soon after the close of the fiscal year as practical an audit of commission operations must be made. Copies of the audit, incorporated into an annual report of the commission, must be filed with the legislative delegations, the clerks of court, and the county councils for Calhoun, Bamberg, and Orangeburg counties.

Section 7. The members of the Tricounty Commission on Alcohol and Drug Abuse serving on this act's effective date shall continue to serve until the expiration of their terms and no new appointments may be made until the members remaining on the board reflect the composition provided for in Section 1 as amended by this act and the term of a remaining member expires."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1995.