South Carolina Legislature


 

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H*4321
Session 109 (1991-1992) 

H*4321(Rat #0296, Act #0526 of 1992)  Joint Resolution, By J.G. McAbee, 
R.L. Altman, Bailey, B.O. Baker, D.W. Beatty, L.E. Bennett, Boan, G.A. Brown, 
H. Brown, J. Brown, D.M. Bruce, A.W. Byrd, Carnell, Cato, C.D. Chamblee, 
H.H. Clyborne, J.D. Cole, K.S. Corbett, Cork, R.S. Corning, Delleney, Elliott, 
L.L. Elliott, Fair, T.L. Farr, J.G. Felder, S.R. Foster, R.C. Fulmer, Glover, 
S.E. Gonzales, H.M. Hallman, P.B. Harris, Harrison, Harvin, Haskins, 
B.L. Hendricks, J.H. Hodges, W.S. Houck, T.E. Huff, Inabinett, M.F. Jaskwhich, 
Jennings, Keegan, K.G. Kempe, Kennedy, H.H. Keyserling, M.H. Kinon, Kirsh, 
J.R. Klapman, Koon, Littlejohn, C.V. Marchbanks, Martin, D.E. Martin, 
J.G. Mattos, McCraw, J.T. McElveen, A.C. McGinnis, M. McLeod, Phillips, J. Rama, 
Rhoad, Meacham, Riser, T.F. Rogers, L.W. Ross, Scott, Sharpe, Sheheen, 
J.R. Shirley, J.S. Shissias, R. Smith, J.J. Snow, C.H. Stone, C.L. Sturkie, 
L.S. Taylor, Townsend, J.W. Tucker, C.Y. Waites, C.C. Wells, L.S. Whipper, 
J.M. White, Wilkes, Wilkins, D. Williams, S.S. Wofford and Young-Brickell
 A Joint Resolution to provide that the terms of office for the present members
 of the South Carolina Board of Social Services are terminated; to transfer
 temporarily all powers and duties of the Board to the State Budget and Control
 Board; to direct the Budget and Control Board to appoint an Interim
 Commissioner; to provide that the current Commissioner shall remain an
 employee of the Department; to provide that any restructuring of the
 Department must be consistent with State law and certain changes approved by
 the Budget and Control Board; to provide that the county boards of social
 services are only advisory to the county directors; and to provide that the
 county departments of social services are temporarily under the authority of
 the State Commissioner of Social Services.-amended title

   01/30/92  House  Introduced, read first time, placed on calendar
                     without reference HJ-7
   02/04/92  House  Read second time HJ-24
   02/05/92  House  Read third time and sent to Senate HJ-36
   02/06/92  Senate Introduced and read first time SJ-21
   02/06/92  Senate Referred to Committee on General SJ-22
   02/13/92  Senate Committee report: Favorable with amendment
                     General SJ-16
   02/19/92  Senate Read second time SJ-15
   02/19/92  Senate Ordered to third reading with notice of
                     amendments SJ-15
   02/20/92  Senate Debate adjourned SJ-24
   02/20/92  Senate Amended SJ-45
   02/20/92  Senate Read third time and returned to House with
                     amendments SJ-54
   02/25/92  House  Point of order- Sen. amends. need to be printed &
                     on desks for 24 hrs. HJ-2
   02/27/92  House  Senate amendment amended HJ-36
   02/27/92  House  Returned to Senate with amendments HJ-38
   03/03/92  Senate Concurred in House amendment and enrolled SJ-13
   03/04/92         Ratified R 296
   03/05/92         Signed By Governor
   03/05/92         Effective date 03/05/92
   03/05/92         Act No. 526
   04/07/92         Copies available



(R296, H4321)

A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES ARE TERMINATED; TO TRANSFER TEMPORARILY ALL POWERS AND DUTIES OF THE BOARD TO THE STATE BUDGET AND CONTROL BOARD; TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER; TO PROVIDE THAT THE CURRENT COMMISSIONER SHALL REMAIN AN EMPLOYEE OF THE DEPARTMENT; TO PROVIDE THAT ANY RESTRUCTURING OF THE DEPARTMENT MUST BE CONSISTENT WITH STATE LAW AND CERTAIN CHANGES APPROVED BY THE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THE COUNTY BOARDS OF SOCIAL SERVICES ARE ONLY ADVISORY TO THE COUNTY DIRECTORS; AND TO PROVIDE THAT THE COUNTY DEPARTMENTS OF SOCIAL SERVICES ARE TEMPORARILY UNDER THE AUTHORITY OF THE STATE COMMISSIONER OF SOCIAL SERVICES.

Whereas, the State Department of Social Services is the state's public welfare agency with a total budget of five hundred thirty-two million, one hundred six thousand, six hundred fifty-eight dollars; and

Whereas, the State Department of Social Services provides critical services to the state's most needy and vulnerable citizens and has a projected budget deficit in excess of fifteen million dollars; and

Whereas, the General Assembly is gravely concerned with the inability of the current South Carolina Board of Social Services to fulfill its basic statutory duties and its inability to work effectively with the agency's own employees, to cooperate with other agencies and branches of state government, and, importantly, to cooperate with and assist the General Assembly and the Executive Branch in efforts to help resolve the many financial and organizational problems of the State Department of Social Services; and

Whereas, the General Assembly recognizes the continuing divisions within the board and the failure of the commissioner and the board to work effectively in providing leadership, motivation, and purpose to the staff which is vital to ensuring proper oversight and accounting for the limited public resources allocated to this state agency; and

Whereas, the General Assembly recognizes that the inadequate management of this agency raises serious and legitimate doubt among the citizens of the State as to the ability of the incumbent leaders to fulfill the missions of this agency; and

Whereas, the lack of confidence in the leadership compels the General Assembly to act to avert a deepening crisis among the increasing number of our citizens who depend upon the services provided by this agency and the taxpayers who demand and rightly should expect the public resources to be properly managed and accounted for; and

Whereas, the continued independence of forty-six separate county operations of the State Department of Social Services does not allow for uniformity in and coordination of services or accountability; and

Whereas, in order to provide uniformity in and coordination of services and to assure accountability of the county operations of the departments of social services, it is necessary to place all county directors of the local departments of social services in a chain of authority directly under the State Commissioner of Social Services; and

Whereas, the General Assembly acknowledges that it is charged by statute with the responsibility to elect the members of the South Carolina Board of Social Services, and the General Assembly also recognizes that it is charged by Section 1, Article XII of the Constitution of South Carolina to provide for appropriate agencies; and

Whereas, Commissioner James L. Solomon, Jr., has announced his retirement from the State Department of Social Services effective June 30, 1992. Now, therefore,

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

Powers of board transferred; authority of county boards and directors revised

SECTION 1. The terms of office of the present members of the South Carolina Board of Social Services are terminated on the effective date of this resolution.

All powers and duties of the South Carolina Board of Social Services are transferred temporarily to the State Budget and Control Board until the General Assembly again may address this matter.

The Budget and Control Board shall appoint an interim commissioner to assume the responsibilities of the current State Commissioner of Social Services, James L. Solomon, Jr. Upon the effective date of this resolution, Mr. Solomon shall remain an employee of the department at his current salary, receive full benefits, and serve in a consulting capacity to the interim commissioner and report directly to him until the effective date of his retirement. The interim commissioner shall report to the Budget and Control Board and serves at the pleasure of the board. Restructuring or reorganization of the department must be consistent with existing law. An internal structural or organizational change during this interim period must be approved by the Budget and Control Board.

The county boards of social services serve only in an advisory capacity to the county directors. The directors of the county departments of social services are placed temporarily under a chain of authority directly under and answerable to the State Commissioner of Social Services until the General Assembly takes other action on this matter.

Time effective

SECTION 2. This joint resolution takes effect upon approval by the Governor.

In the Senate House March 4, 1992.

Nick A. Theodore,

President of the Senate

David M. Beasley,

Speaker Pro Tempore of the

House of Representatives

Approved the 5th day of March, 1992.

Carroll A. Campbell, Jr.,

Governor

Printer's Date -- March 20, 1992 -- S.

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