H*2456 Session 105 (1983-1984)
H*2456(Rat #0248, Act #0143 of 1983) General Bill, By Washington,
J.F. Anderson, D.M. Beasley, L. Blanding, V.L. Crocker, H.U. Fielding,
T. Gadson, C.L. Griffin, P.B. Harris, R.L. Helmly, I.C. Joe, H.H. Keyserling,
Matthews, A.V. Rawl, J.I. Rogers, J.H. Toal, J.M. White and D. Williams
A Bill to provide for a community economic opportunity program by requiring
the Governor to designate an administering agency to select a community-based
organization for designated geographical areas in the State to administer
federal funds for programs to assist in the alleviation of poverty.-amended
title
02/09/83 House Introduced and read first time HJ-757
02/09/83 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-757
03/10/83 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-1444
03/16/83 House Objection by Rep. P.T. Bradley, J.D. Bradley, &
Thrailkill HJ-1521
05/17/83 House Special order, set for immediately foll
consideration of H 2582 (Under H 3102) HJ-2907
05/25/83 House Amended HJ-3119
05/25/83 House Debate interrupted HJ-3123
05/26/83 House Debate interrupted HJ-3194
05/31/83 House Debate interrupted HJ-3316
06/01/83 House Amended HJ-3342
06/01/83 House Read second time HJ-3346
06/07/83 House Read third time and sent to Senate HJ-3562
06/08/83 Senate Introduced, read first time, placed on calendar
without reference SJ-1938
06/09/83 Senate Read second time SJ-2009
06/10/83 Senate Read third time and enrolled SJ-2136
06/14/83 Ratified R 248
06/17/83 Signed By Governor
06/17/83 Effective date 06/17/83
06/17/83 Act No. 143
06/27/83 Copies available
(A143, R248, H2456)
AN ACT TO PROVIDE FOR A COMMUNITY ECONOMIC OPPORTUNITY PROGRAM
BY REQUIRING THE GOVERNOR TO DESIGNATE AN ADMINISTERING AGENCY TO SELECT
A COMMUNITY-BASED ORGANIZATION FOR DESIGNATED GEOGRAPHICAL AREAS IN THE
STATE TO ADMINISTER FEDERAL FUNDS FOR PROGRAMS TO ASSIST IN THE ALLEVIATION
OF POVERTY.
Be it enacted by the General Assembly of the State of South Carolina:
Citation of act
SECTION 1. This act is known and may be cited as "The Community Economic Opportunity Act of
1983".
Legislative findings
SECTION 2. The General Assembly finds that:
A. Poverty continues to be the lot of a substantial number of South Carolinians.
B. Rising energy costs, coupled with high unemployment, inflation, and high interest rates, have reduced
significantly the real purchasing power of low-income and nearly poor individuals and families, particularly
elderly handicapped individuals, to such levels that they are unable to acquire necessities of life.
C. The real income of households receiving public assistance payments as a primary source of income has
diminished in proportion to the real incomes of other households in South Carolina.
D. Low-income households need a variety of forms of assistance to break the poverty cycle including
financial support, equal access to health, education, housing, job training, and energy conservation services.
E. South Carolina can achieve full economic and social potential only if all individuals have the opportunity
to contribute to the full extent of their capabilities and to participate in the workings of our society.
Therefore, it is the policy of South Carolina to provide an organizational framework through which a wide
range of opportunities can be made available to assist low-income individuals in becoming self-sufficient so
that they will be able to live in decency and dignity. It is the purpose of this act to insure that effective
mechanisms are established at the local level to efficiently administer such federal funds as may be allocated
to South Carolina for the purposes of carrying out Title VI of U.S. Public Law 97-35.
Governor must designate agency
SECTION 3. The Governor must designate a state administering agency to be responsible for the receipt and
distribution of the federal funds as allocated to South Carolina for the implementation of Title VI, Public Law
97-35. The state administering agency shall develop and implement administrative procedures for carrying
out the purposes of this act. The duties and responsibilities include but are not limited to:
A. Prescribing the procedures to be used in the selection of a community-based organization for each
geographical service area identified herein.
B. Reviewing and recommending for approval all work programs submitted by the selected
community-based organizations.
C. Recommending distribution formulas for funds made available to carry out the purposes of this act.
D. Monitoring and evaluating community-based organizations with respect to goals, priorities, program
performance, and fiscal activities.
E. Prescribe the personnel procedures and financial systems under which each community-based
organization receiving funds under this act must operate.
F. Review and approve all bylaws for organizations receiving funds under this act.
Geographical service areas
SECTION 4. For the federal fiscal year 1984, the geographic service areas must conform to the service areas
of community-based organizations designated by the State to administer fiscal year 1983 funds under Title
VI of U.S. Public Law 97-35. The community-based organizations so designated are exclusively eligible to
administer the funds in fiscal year 1984, provided that the funds are at a sufficient level to permit the
community-based organization to maintain the capacity to support projects which have a measurable impact
on the causes of poverty in the service area. In subsequent federal fiscal years after 1984, the geographic
service areas shall be those as are designated by the Governor and the Joint Appropriations Review
Committee.
Organization shall administer programs
SECTION 5. Each community-based organization shall administer any programs through a board of
directors. The board is composed as follows:
A. One-third of the members of the board must be elected public officials currently holding office, or their
designees, except that if the number of elected officials reasonably available and willing to serve is less than
one-third of the membership of the board, membership on the board of appointive public officials may be
counted in meeting the one-third requirement.
B. At least one-third of the members of the board must be persons chosen in accordance with democratic
selection procedures adequate to assure that they are representative of the poor in the area served.
C. The remainder of the members of the board must be officials or members of business, industry, labor,
religious, welfare, education, or other major groups and interests in the community.
D. No board may consist of less than nine members nor more than twenty-one members, and the total
membership of each board must be divisible by three.
Each member of the board selected to represent a specific geographic area within a community must reside
in that area.
Rules governing elections and administrative procedures for selection of boards must be incorporated in the
bylaws of the community-based organization and approved by the state administering agency.
Organization's capabilities
SECTION 6. Each community-based organization must have the capability, as determined by the state
administering agency, of carrying out:
A. Strengthening community capabilities for planning and coordinating federal, state, and other assistance
through the efforts of local officials, organizations, and interested and affected citizens who are more
responsive to local needs and conditions.
B. Better organization of services related to the needs of the poor so that these services may be made more
effective in helping families and individuals.
C. Greater use subject to adequate evaluation of new types of services and innovative approaches in
attacking causes of poverty so as to develop increasingly effective methods of employing available resources.
D. Development and implementation of all programs and projects designed to serve the poor or low-income
areas with the maximum feasible participation of residents of the areas and members of groups served so as
to best stimulate and take full advantage of capabilities for self-development and assure that those programs
and projects are meaningful and utilized by intended beneficiaries.
E. Broadening of the resource-based programs directed to the amelioration of poverty so as to secure, in
addition to the services and assistance of public officials, private, religious, charitable, and neighborhood
organizations, and individual citizens, a more active role for business, labor, and professional groups in order
to provide employment opportunities and otherwise influence the quantity and quality of services of concern
to the poor.
F. Conform to such supplementary criteria as a state administering agency may prescribe to carry out the
provisions of this act.
Authority of commission
SECTION 7. A community-based organization has authority under this act to receive and administer funds,
to receive funds and contributions from private or local public sources to be used in support of a
community-based program, and funds received under any federal or state assistance program. A
community-based organization is empowered to transfer funds so received and to delegate powers to other
agencies, subject to approval by and under such conditions as may be prescribed by the state administering
agency.
Utilization of funds
SECTION 8. Each community-based organization which receives funds pursuant to this act must utilize the
funds in the planning, administration, and evaluation of antipoverty programs designed to assist participants
including, but not limited to, elderly and poor, to:
A. Secure and retain meaningful employment.
B. Attain an adequate education.
C. Make better use of available income.
D. Obtain and maintain adequate housing and a suitable living environment.
E. Obtain emergency assistance through loans or guarantees to meet the immediate and urgent individual
and family needs, including the need for health services, nutritious food, housing, employment-related
assistance, and energy assistance.
F. Remove obstacles and solve family problems which block the achievement of self-sufficiency.
G. Achieve greater participation in the affairs of the community.
H. Make more effective use of other programs related to the purposes of this act.
Definition must be in accord with federal guidelines
SECTION 9. The definition of low-income individuals and households must be in accord with the federal
poverty guidelines as may be modified by the state administering agency.
Time effective
SECTION 10. This act shall take effect upon approval by the Governor. |