S 1034 General Bill, By Fair, Short, Waldrep, O'Dell, Reese and Drummond
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 1-7-113 SO AS TO TRANSFER THE ADMINISTRATION OF THE SOUTH CAROLINA GUARDIAN AD
 LITEM PROGRAM AND ITS PERSONNEL AND APPROPRIATIONS TO THE ATTORNEY GENERAL'S
 OFFICE; TO AMEND SECTION 1-30-110, RELATING TO PROGRAMS ADMINISTERED BY THE
 GOVERNOR'S OFFICE, SO AS TO DELETE THE GUARDIAN AD LITEM PROGRAM FROM THE
 GOVERNOR'S ADMINISTRATION; AND TO AMEND SECTION 20-7-121, RELATING TO THE
 CREATION OF THE GUARDIAN AD LITEM PROGRAM, SO AS TO CONFORM LANGUAGE
 TRANSFERRING THIS PROGRAM TO THE ATTORNEY GENERAL'S OFFICE.

   03/04/04  Senate Introduced and read first time SJ-4
   03/04/04  Senate Referred to Committee on Judiciary SJ-4
   04/01/04  Senate Committee report: Majority favorable, minority
                     unfavorable Judiciary SJ-12
   04/05/04         Scrivener's error corrected

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 1, 2004

S. 1034

Introduced by Senators Fair, Short, Waldrep, O'Dell, Reese and Drummond

S. Printed 4/1/04--S.    [SEC 4/5/04 3:09 PM]

Read the first time March 4, 2004.

To whom was referred a Bill (S. 1034) to amend the Code of Laws of South Carolina, 1976, by adding Section 1-7-113 so as to transfer the administration of the South Carolina Guardian ad Litem, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

Majority favorable.    Minority unfavorable.

C. BRADLEY HUTTO    RALPH ANDERSON

For Majority.    For Minority.

EXPLANATION OF IMPACT:

Total expenditures from all sources of funds for the Guardian ad Litem program during the four years prior to FY 2003-04 averaged $3 million. The FY 2004-05 base budget for the program indicates a total appropriation of $1,522,607 with twenty-four full-time equivalent (FTEs) and reflects the loss of revenue from a contract for services that was discontinued in September 2003. The FY 2004-05 base budget is comprised of $388,932 in state general funds with 2.60 FTEs, and $1,133,675 in other funds with 21.40 FTEs, but does not necessarily reflect an adequate level of funding based on previous years' expenditures.

SPECIAL NOTES:

Proviso 45B.17 of the Governor's FY 2004-05 Executive Budget provides that one-half of the revenue received from Litter Control Fines received pursuant to Section 14-1-208 shall be transferred to the Guardian ad Litem program.

Approved By:

Don Addy

Office of State Budget

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-113 SO AS TO TRANSFER THE ADMINISTRATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM AND ITS PERSONNEL AND APPROPRIATIONS TO THE ATTORNEY GENERAL'S OFFICE; TO AMEND SECTION 1-30-110, RELATING TO PROGRAMS ADMINISTERED BY THE GOVERNOR'S OFFICE, SO AS TO DELETE THE GUARDIAN AD LITEM PROGRAM FROM THE GOVERNOR'S ADMINISTRATION; AND TO AMEND SECTION 20-7-121, RELATING TO THE CREATION OF THE GUARDIAN AD LITEM PROGRAM, SO AS TO CONFORM LANGUAGE TRANSFERRING THIS PROGRAM TO THE ATTORNEY GENERAL'S OFFICE.

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

SECTION    1.    Article 1, Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-113.    (A)    The South Carolina Guardian ad Litem Program is transferred to the Attorney General's office and its duties, functions, and responsibilities are devolved upon the Attorney General's office on July 1, 2004. All personnel, appropriations, and full-time equivalent positions of the Guardian ad Litem Program also are transferred to the Attorney General's office on July 1, 2004.

(B)    The Attorney General shall administer the South Carolina Guardian ad Litem Program, as contained in subarticle 4, Article 3, Chapter 7, Title 20."

SECTION    2.    Section 1-30-110(2) of the 1976 Code is amended to read:

"(2)    Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.; Reserved."

SECTION    3.    Section 20-7-121 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"Section 20-7-121.    There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Attorney General's office of the Governor."

SECTION    4.    This act takes effect upon approval by the Governor.