H 4849 General Bill, By I.K. Rudnick, R.A. Barber, J.P. Harrelson, 
H.H. Keyserling and J.B. Williams
 A Bill to establish within the office of the Governor fifteen departments each
 of which must be supervised by a Cabinet Head appointed by the Governor upon
 the advice and consent of the General Assembly, to place within these fifteen
 departments all agencies of the executive branch of state government with
 certain exceptions, to also place within these departments 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 devolve the duties and functions of the
 governing boards of these agencies and entities upon the appropriate cabinet
 department with certain exceptions and to provide that these governing boards
 are abolished on the effective date of this Act, and to provide for
 administrative and technical matters in conjunction with the establishment of
 the executive cabinet of the Governor.

   05/14/92  House  Introduced and read first time HJ-293
   05/14/92  House  Referred to Committee on Judiciary HJ-294

A BILL

TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR FIFTEEN DEPARTMENTS EACH OF WHICH MUST BE SUPERVISED BY A CABINET HEAD APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PLACE WITHIN THESE FIFTEEN DEPARTMENTS ALL AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT WITH CERTAIN EXCEPTIONS, TO ALSO PLACE WITHIN THESE DEPARTMENTS 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 DEVOLVE THE DUTIES AND FUNCTIONS OF THE GOVERNING BOARDS OF THESE AGENCIES AND ENTITIES UPON THE APPROPRIATE CABINET DEPARTMENT WITH CERTAIN EXCEPTIONS AND TO PROVIDE THAT THESE GOVERNING BOARDS ARE ABOLISHED ON THE EFFECTIVE DATE OF THIS ACT, AND TO PROVIDE FOR ADMINISTRATIVE AND TECHNICAL MATTERS IN CONJUNCTION WITH THE ESTABLISHMENT OF THE EXECUTIVE CABINET OF THE GOVERNOR.

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

SECTION 1. There is created in the Office of the Governor fifteen departments as follows each of which must be under the supervision of a cabinet head to be appointed by the Governor upon the advice and consent of the General Assembly for a term coterminous with that of the Governor:

(1) Department of Administration;

(2) Department of Technical and Higher Education;

(3) Department of Special Education;

(4) Department of Cultural Affairs;

(5) Department of Health;

(6) Department of Social Rehabilitation and Services;

(7) Department of Public Safety and Law Enforcement;

(8) Department of Conservation and Natural Resources;

(9) Department of Tourism and Economic Development;

(10) Department of Regulatory Licensing and Services;

(11) Department of Transportation;

(12) Department of Energy and Utilities;

(13) Department of Treasury;

(14) Department of Labor and Employment; and

(15) Department of Insurance.

Vacancies in the office of cabinet head must be filled by appointment in the same manner of original appointment.

SECTION 2. The following agencies of the executive branch of state government, and the following public authorities and entities established by state law the funding and revenues of which are not expended or appropriated by the General Assembly, are assigned to and come within the jurisdiction of a particular department of the executive cabinet as indicated below:

(1) Department of Administration

(a) Governor's offices as follows:

(i) Executive Control

(ii) Executive Policy and Programs

(iii) Mansion and Grounds

(b) Procurement Review Panel

(c) State Fire Marshal

(d) Budget and Control Board offices or divisions as follows:

(i) Executive Director

(ii) Internal Operations

(iii) Financial Data Systems

(iv) Budget Division

(v) Research and Statistical Services

(vi) Information Resource Management

(vii) General Services

(viii) Motor Vehicle Management

(ix) Insurance Services

(x) Human Resource Management

(xi) Local Government

(xii) Retirement

(xiii) Employee Benefits

(e) Office of State Auditor

(f) Board of Economic Advisors

(2) Department of Technical and Higher Education

(a) Commission on Higher Education

(b) Higher Education Tuition Grants Commission

(c) Advisory Council on Vocational and Technical Education

(d) Board for Technical and Comprehensive Education

(3) Department of Special Education

(a) Educational Television Commission

(b) Wil Lou Gray Opportunity School

(c) Vocational Rehabilitation Department

(d) School for the Deaf and the Blind

(e) John de la Howe School

(4) Department of Cultural Affairs

(a) Department of Archives and History

(b) Confederate Relic Room and Museum

(c) State Library

(d) Arts Commission

(e) Museum Commission

(5) Department of Health

(a) Health and Human Services Finance Commission

(b) Continuum of Care-Emotionally Disturbed Children

(c) Department of Health and Environmental Control

(d) Department of Mental Health

(e) Department of Mental Retardation

(f) Alcohol and Drug Abuse Commission

(6) Department of Social Rehabilitation and Services

(a) Department of Social Services

(b) Children's Foster Care Review Board

(c) Commission for the Blind

(d) Commission on Aging

(e) Human Affairs Commission

(f) Department of Veterans Affairs

(g) Commission on Women

(7) Department of Public Safety and Law Enforcement

(a) State Law Enforcement Division

(b) Prosecution Coordination Commission

(c) Commission on Appellate Defense

(d) Department of Corrections

(e) Board of Probation, Parole and Pardon Services

(f) Department of Youth Services

(g) Law Enforcement Training Council

(h) Law Enforcement Officers Hall of Fame

(i) State Highway Patrol

(8) Department of Conservation and Natural Resources

(a) Water Resources Commission

(b) Land Resources Conservation Commission

(c) State Forestry Commission

(d) Migratory Waterfowl Committee

(e) Department of Wildlife and Marine Resources

(f) Coastal Council

(g) Sea Grant Consortium

(9) Department of Tourism and Economic Development

(a) Department of Parks, Recreation and Tourism

(b) Housing Finance and Development Authority

(c) State Development Board

(d) Economic Development Coordinating Council

(e) Jobs-Economic Development Authority

(f) Patriots Point Development Authority

(g) Savannah Valley Authority

(h) Columbia Quincentennial Commission

(i) Old Exchange Building Commission

(j) Research Authority

(10) Department of Licensing and Regulatory Services

(a) Alcoholic Beverage Control Commission

(b) Board of Accountancy

(c) Board of Architectural Examiners

(d) Auctioneers Commission

(e) Board of Barber Examiners

(f) Athletic Commission

(g) Cemetery Board

(h) Board of Chiropractic Examiners

(i) Contractors Licensing Board

(j) Board of Cosmetology

(k) Board of Dentistry

(l) Board of Engineers and Land Surveyors

(m) Environmental Certification Board

(n) Board of Registration for Foresters

(o) Board of Funeral Service

(p) Board of Registration for Geologists

(q) Board of Medical Examiners

(r) Board of Nursing

(s) Nursing Home Adminitrators-Residential Care Facilities Administration Board

(t) Board of Occupational Therapy

(u) Board of Opticianry Examiners

(v) Board of Optometry Examiners

(w) Pharmacy Board

(x) Board of Physical Therapy Examiners

(y) Board of Podiatry Examiners

(z) Board of Professional Counselors and Therapists

(aa) Board of Psychology Examiners

(bb) Real Estate Commission

(cc) Residential Home Builders Commission

(dd) Board of Examiners for Registered Environmental Sanitarians

(ee) Social Work Examiners Board

(ff) Speech Pathology and Audiology Examiners Board

(gg) Board of Veterinary Medical Examiners

(11) Department of Transportation

(a) Railroad Commission

(b) State Ports Authority

(c) Aeronautics Commission

(d) Department of Highways and Public Transportation

(12) Department of Energy and Utilities

(a) South Carolina Public Service Authority

(b) Public Service Commission

(13) Department of Treasury

(a) Financial Institutions Board-Administrative Division

(b) Financial Institutions Board-Examining Division

(c) Financial Institutions Board-Consumer Finance Division

(d) State Tax Commission

(14) Department of Labor and Employment

(a) Workers' Compensation Commission

(b) Workers' Compensation Fund

(c) Patients Compensation Fund

(d) Second Injury Fund

(e) Department of Labor

(f) Employment Security Commission

(15) Department of Insurance and Consumer Affairs

(a) Insurance Department

(b) Department of Consumer Affairs.

SECTION 3. (A) All functions, powers, and duties of the agencies and entities enumerated in Section 2 are devolved upon the stated department of the executive cabinet. Upon this transfer, the governing board or body of the agency or entity and the agency or entity itself are abolished unless otherwise indicated in Section 4. All the officers and employees of the agency or entity are thereafter considered officers or employees of the particular cabinet department and all appropriations or other funding of the agency or entity are transferred to and are considered appropriations or funding of that cabinet department.

(B) For purposes of the Administrative Procedures Act, the functions of the governing board of the agency or entity relative to contested cases must be carried out by a division of administrative hearings to be established within each department, except as otherwise provided in Section 4.

(C) All records, property, and personnel of these agencies and entities are transferred to the named department.

(D) All regulations of the agencies or entities remain in effect and are considered regulations of that cabinet department unless specifically amended or repealed.

(E) All references and other similar terms in the 1976 Code to these agencies or entities shall be construed to mean the appropriate cabinet department.

SECTION 4. The following boards or commissions are not abolished and shall continue to perform the administrative hearing or supervisory functions and duties required of them by law except those functions and duties otherwise transferred to a particular cabinet department pursuant to Section 2 and except that the board or commission shall no longer have administrative supervision or responsibility of those employees working for the board or commission, not including their personal staffs, which responsibility must be assumed by the appropriate cabinet department head:

(1) the Budget and Control Board;

(2) the Public Service Commission;

(3) the Workers' Compensation Commission;

(4) the Alcoholic Beverage Control Commission;

(5) the Tax Commission;

(6) the Coastal Council; and

(7) the Human Affairs Commission.

SECTION 5. The agencies and entities referenced in Section 2 are as enumerated in the recapitulation section of the 1991-92 General Appropriations Act and reference is made thereto for a more accurate and complete description of the agency or entity.

SECTION 6. The State Budget and Control Board may promulgate those regulations necessary to implement the provisions of this act.

SECTION 7. This act takes effect July 1, 1994, except that the Governor during the 1994 session of the General Assembly shall submit his cabinet nominations to the General Assembly for its advice and consent so that these cabinet heads may take office and assume their responsibilities on July 1, 1994.