S*771 Session 106 (1985-1986)
S*0771(Rat #0472, Act #0428 of 1986) General Bill, By W.W. Doar, I.E. Lourie and
P.B. McLeod
Similar(H 3201)
A Bill to amend Sections 43-21-10, 43-21-20, 43-21-30, 43-21-60, 43-21-70,
43-21-80, 43-21-100, 43-21-120, Code of Laws of South Carolina, 1976, relating
to the Commission on Aging, so as to provide that the members of the
Commission appointed by the Governor consist of seven members instead of
twelve, to provide that the chairman be elected by the members of the
Commission instead of being designated by the Governor and remove the Governor
as an ex officio member, to delete the requirement that the Commission keep a
roster of persons qualified to serve on the Commission to be presented
annually to the Governor, to provide that the Commission meet at least six
times annually unless a majority of the members vote to eliminate no more than
two meetings a year, to provide that the annual report to the Governor and the
General Assembly include the needs of the elderly and the work of the
Commission, to provide that the Commission employ a director without the
consent of the Governor, to provide that compensation and employment of
personnel by the Commission be in accordance with the Human Resource
Management Division of the State Budget and Control Board and Merit System
requirements, and to add the Executive Director of the Department of Parks,
Recreation and Tourism, the Executive Director of the State Health and Human
Services Finance Commission, the Director of the State Commission on Alcohol
and Drug Abuse, and the Chairman of the State Commission on Women to the
Coordinating Council to the Commission on Aging.
12/02/85 Senate Prefiled
12/02/85 Senate Referred to Committee on Medical Affairs
01/14/86 Senate Introduced and read first time SJ-67
01/14/86 Senate Referred to Committee on Medical Affairs SJ-67
03/18/86 Senate Committee report: Favorable Medical Affairs SJ-1060
04/02/86 Senate Read second time SJ-1398
04/02/86 Senate Ordered to third reading with notice of
amendments SJ-1398
04/03/86 Senate Read third time and sent to House SJ-1432
04/08/86 House Introduced and read first time HJ-2231
04/08/86 House Referred to Committee on Ways and Means HJ-2232
04/30/86 House Committee report: Favorable Ways and Means HJ-2697
05/06/86 House Read second time HJ-2821
05/07/86 House Read third time and enrolled HJ-2862
05/21/86 Ratified R 472
05/23/86 Signed By Governor
05/23/86 Effective date 07/01/86
05/23/86 Act No. 428
06/09/86 Copies available
(A428, R472, S771)
AN ACT TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-30, 43-21-60, 43-21-70,
43-21-80, 43-21-100, AND 43-21-120, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE COMMISSION ON AGING, SO AS TO PROVIDE THAT THE MEMBERS OF THE
COMMISSION APPOINTED BY THE GOVERNOR CONSIST OF SEVEN MEMBERS INSTEAD OF TWELVE,
TO PROVIDE THAT THE CHAIRMAN BE ELECTED BY THE MEMBERS OF THE COMMISSION INSTEAD
OF BEING DESIGNATED BY THE GOVERNOR AND REMOVE THE GOVERNOR AS AN EX OFFICIO
MEMBER, TO DELETE THE REQUIREMENT THAT THE COMMISSION KEEP A ROSTER OF PERSONS
QUALIFIED TO SERVE ON THE COMMISSION TO BE PRESENTED ANNUALLY TO THE GOVERNOR,
TO PROVIDE THAT THE COMMISSION MEET AT LEAST SIX TIMES ANNUALLY UNLESS A MAJORITY
OF THE MEMBERS VOTE TO ELIMINATE NO MORE THAN TWO MEETINGS A YEAR, TO PROVIDE
THAT THE ANNUAL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDE THE NEEDS
OF THE ELDERLY AND THE WORK OF THE COMMISSION, TO PROVIDE THAT THE COMMISSION
EMPLOY A DIRECTOR WITHOUT THE CONSENT OF THE GOVERNOR, TO PROVIDE THAT
COMPENSATION AND EMPLOYMENT OF PERSONNEL BY THE COMMISSION BE IN ACCORDANCE WITH
THE HUMAN RESOURCE MANAGEMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD AND
MERIT SYSTEM REQUIREMENTS, AND TO ADD THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF PARKS, RECREATION AND TOURISM, THE EXECUTIVE DIRECTOR OF THE STATE HEALTH AND
HUMAN SERVICES FINANCE COMMISSION, THE DIRECTOR OF THE STATE COMMISSION ON
ALCOHOL AND DRUG ABUSE, AND THE CHAIRMAN OF THE STATE COMMISSION ON WOMEN TO THE
COORDINATING COUNCIL TO THE COMMISSION ON AGING.
Be it enacted by the General Assembly of the State of South Carolina:
Commission on Aging
SECTION 1. Section 43-21-10 of the 1976 Code is amended to read:
"Section 43-21-10. There is created the South Carolina Commission on
Aging consisting of one member from each congressional district of the State, to
be appointed by the Governor, upon the advice and consent of the Senate and one
member from the State at large to be appointed by the Governor. The members must
be citizens of the State who have an interest in and a knowledge of the problems
of the aging. In making appointments to the commission, consideration must be
given to mature citizens who are currently providing leadership or are interested
in programs for the elderly in the State and also to the diverse problems of
aging.
The chairman must be elected by the members of the commission from its
appointive members for a term of two years and until his successor is elected.
The Speaker of the House of Representatives and the President of the Senate
each shall name one legislator to serve on the commission as ex officio members.
Members of the commission shall serve without compensation but shall receive
such per diem, mileage, and subsistence authorized by law for members of boards,
commissions, and committees."
Terms
SECTION 2. Section 43-21-20 of the 1976 Code is amended to read:
"Section 43-21-20. The appointed members of the commission shall serve
for terms of four years and until their successors are appointed and qualify.
The terms of the appointed members expire on June thirtieth and all vacancies
must be filled in the manner of the original appointment for the unexpired
portion of the term only. No appointed members may serve more than two
consecutive terms.
The Governor may terminate the appointive members of the commission for cause,
and the reason for the termination of such appointment must be communicated to
each member of the commission."
Meetings, etc.
SECTION 3. Section 43-21-30 of the 1976 Code is amended to read:
"Section 43-21-30. The commission shall meet at least six times annually
unless a majority of the members vote to eliminate a meeting. No more than two
meetings may be eliminated annually. Special meetings may be called by the
chairman or upon written request to the chairman of a majority of the members.
A majority of the members constitutes a quorum for the transaction of business.
The commission shall elect a vice-chairman and any other officers it considers
necessary for terms of two years each or until their successors are elected and
qualify. The commission may adopt bylaws establishing rules for the conduct of
its meetings and establishing policies and administrative procedures for carrying
out the purposes of this chapter."
Annual report
SECTION 4. Section 43-21-60 of the 1976 Code is amended to read:
"Section 43-21-60. The commission shall submit an annual report to the
Governor and to the General Assembly on or before January first of each year. The
report shall deal with the present and future needs of the elderly and with the
work of the commission during the year."
Commission to employ director
SECTION 5. Section 43-21-70 of the 1976 Code is amended to read:
"Section 43-21-70. The commission shall employ a director to be the
administrative officer of the commission who shall serve at the pleasure of the
commission."
Director may appoint other personnel
SECTION 6. Section 43-21-80 of the 1976 Code is amended to read:
"Section 43-21-80. The director shall appoint any other personnel and
consultants the commission considers necessary for the efficient performance of
the duties prescribed by this chapter and shall fix the compensation therefor in
accordance with the Human Resource Management Division of the State Budget and
Control Board and Merit System requirements."
Commission to prepare budget
SECTION 7. Section 43-21-100 of the 1976 Code is amended to read:
"Section 43-21-100. The commission shall prepare the budget for its
operation which must be submitted to the State Budget and Control Board and to
the General Assembly for approval."
Coordinating Council created
SECTION 8. Section 43-21-120 of the 1976 Code is amended to read:
"Section 43-21-120. There is created the Coordinating Council to the
Commission on Aging to work with the commission on the coordination of programs
related to the field of aging, and to advise and make pertinent recommendations
to the commission, composed of the following: the Commissioner of the State
Department of Health and Environmental Control, the State Commissioner of Social
Services, the Commissioner of the State Mental Health Department, the
Superintendent of Education, the Commissioner of the State Department of Labor,
the Executive Director of the South Carolina State Employment Security
Commission, the Director of the State Development Board, the Commissioner of the
State Department of Vocational Rehabilitation, the Director of the Clemson
University Extension Service, the Executive Director of the South Carolina
Department of Parks, Recreation and Tourism, the Director of the South Carolina
Retirement System, the Executive Director of the South Carolina Municipal
Association, the Executive Director of the State Office of Economic Opportunity,
the Executive Director of the South Carolina Association of Counties, the
Commissioner of the Commission for the Blind, the Executive Director of the State
Health and Human Services Finance Commission, the Director of the State
Commission on Alcohol and Drug Abuse, and the Chairperson of the State Commission
on Women.
The council shall meet at least once each six months and special meetings may
be called at the discretion of the chairman or upon request of a majority of the
members.
The chairman of the commission and the director, who shall serve as secretary
to the council, shall attend the meetings of the council.
The director of each agency or department making up the council shall serve as
chairman of the council for a term of one year. The office of chairman is held
in the order in which the membership of the council is listed in this
section."
Appointed members to continue to serve
SECTION 9. The present appointive members of the commission shall continue to
serve until the expiration of their current terms.
The member from the State at large may not be appointed until the terms of all
the present appointive members have expired.
Time effective
SECTION 10. This act shall take effect July 1, 1986. |