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Bill Number: 235 Ratification Number: 494 Act Number 446 Introducing Body: Senate Subject: Establish the South Carolina Interagency Council on Hunger and Nutrition
(A446, R494, S235)
AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 SO AS TO ESTABLISH THE SOUTH CAROLINA INTERAGENCY COUNCIL ON HUNGER AND NUTRITION, TO PRESCRIBE ITS POWERS AND DUTIES, AND TO PROVIDE FOR ITS TERMINATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds that coordination of planning and service delivery will enhance the effectiveness of services which affect recipients and potential recipients of food assistance and nutrition information and that an Interagency Council on Hunger and Nutrition, representative of public and private providers as well as consumers, is needed to provide coordination.
(B) The General Assembly also finds that emphasis must be placed on education as the most cost-effective approach to addressing the nutritional needs of the public. It is the intent of this act to develop a mechanism to coordinate nutrition programs and to integrate information about nutrition in the delivery of food assistance to the public.
Interagency Council on Hunger and Nutrition
SECTION 2. Title 44 of the 1976 Code is amended by adding:
Interagency Council on Hunger and Nutrition
Section 44-85-10. There is established within the South Carolina Department of Health and Environmental Control, the South Carolina Interagency Council on Hunger and Nutrition. The council shall give advice and make recommendations to the department, other departments of the State, the public, and the General Assembly on all matters dealing with hunger and nutrition in this State.
Section 44-85-20. (A) The following officials or their designees shall serve as members of the council:
(1) the Commissioner of the South Carolina Department of Health and Environmental Control;
(2) the State Superintendent of Education;
(3) the State Commissioner of Social Services;
(4) the Director of the South Carolina Commission on Aging;
(5) the State Commissioner of Mental Health;
(6) the State Commissioner of Mental Retardation;
(7) the Executive Director of the State Health and Human Services Finance Commission;
(8) the Chairman of the Statewide Health Coordinating Council;
(9) the President of the South Carolina Chapter of the American Academy of Pediatrics;
(10) the President of the South Carolina Chapter of the American Academy of Gerontology;
(11) the Director of the Clemson University Extension Service;
(12) the Director of the South Carolina State College Extension Service;
(13) the Director of the South Carolina Nutrition Council;
(14) the Director of the South Carolina Network of Food Banks;
(15) the Director of the South Carolina Legal Services Association;
(16) the Director of the South Carolina Chapter of the American Association of Retired Persons;
(17) the Director of the South Carolina Farm Bureau;
(18) the Director of the South Carolina Committee Against Hunger;
(19) the President of the South Carolina Association of Community Agencies;
(20) the President of the South Carolina Dietetic Association.
(B) The following appointive members shall serve as members of the council:
(1) a member of the Senate Medical Affairs Committee, to be appointed by the chairman;
(2) a member of the House Medical, Military, Public and Municipal Affairs Committee, to be appointed by the chairman;
(3) a member of the Health Care Planning and Oversight Committee, to be appointed by the chairman;
(4) a member of the Joint Legislative Committee on Children, to be appointed by the chairman; (5) a member of the Joint Legislative Committee on Aging, to be appointed by the chairman.
The Governor shall appoint one member, knowledgeable about issues of hunger and nutrition, from each of the six congressional districts of the State with the advice and consent of the Senate.
The terms of office of the members of the House of Representatives and of the Senate are coterminous with their respective terms as members of the House and Senate. The six members to be appointed by the Governor must be appointed for terms of four years, except that of those initially appointed, three must be appointed for terms of two years, and three must be appointed for terms of four years, the terms to be determined by lot. Members appointed by the Governor may not serve for more than two consecutive terms. All members of the council shall serve until their successors are appointed and qualified. Any vacancy occurring for any reason must be filled for the remainder of the unexpired term by appointment in the manner of the original appointment.
Section 44-85-30. The council shall meet as soon as may be practicable after appointment for the purpose of organizing. The Commissioner of the Department of Health and Environmental Control or his designee shall serve as chairman. The council shall elect a vice-chairman and also may elect from its membership other officers it considers necessary. The vice-chairman and other officers, if any, shall serve for terms of two years. The council shall meet at least once each quarter and at other times designated by the chairman. A majority of the council constitutes a quorum.
Members of the council representing state agencies or committees are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions, to be paid from funds appropriated for the operation of the respective agency or committee. Members representing private organizations or groups are entitled to subsistence, per diem, and mileage authorized by law for members of state boards, committees, or commissions to be paid from funds appropriated for the operation of the Department of Health and Environmental Control only if the organization or group the member represents does not compensate its representative for service on the council and the member requests compensation from the department.
Section 44-85-40. The council shall:
(1) assess annually the status of hunger, nutrition, and nutrition education in South Carolina;
(2) identify annually the need for food assistance and nutrition education;
(3) assess annually the adequacy of the service delivery system to meet the identified needs. The council shall consider issues such as accessibility, availability, and suitability of services;
(4) develop a three-year service plan to meet the identified needs. The plan shall address issues such as planning, financing, staffing, and training. The plan must include measurable objectives and outcomes and must be submitted to the General Assembly for approval;
(5) develop and oversee a three-year implementation plan. The plan shall identify responsible parties and set deadlines for implementing the recommendations and the service plan. The council shall monitor the implementation plan quarterly and update it annually;
(6) identify and recommend state policies and goals with regard to food assistance and nutrition education that are the basis for plan and program development. The plan must place emphasis on nutrition education. The council shall review and comment on plans and implementation of plans which address hunger and nutrition issues including the State Health Plan and the report of the Interim Study Committee on Hunger and Nutrition in South Carolina:
(7) initiate community awareness activities regarding hunger and nutritional health and education issues. The plan must include information regarding available services. Community awareness activities shall give a priority to rural areas;
(8) submit an annual report to the General Assembly and the Governor by July first of each year. The report must include information on activities of the council related to its goals and objectives, a progress report on the implementation of the three-year service plan, recommendations regarding state policy and programs, and a progress report on initiation of mandated duties.
Section 44-85-50. There must be employed within the Department of Health and Environmental Control an executive assistant to the council. The executive assistant must be appointed by the commissioner of the department with the advice and consent of the council. The executive assistant is charged with the preparation of the three-year service plan and other duties and responsibilities established by the commissioner and the council from time to time. The salaries of the executive assistant to the council, and other staff and clerical personnel employed by the department and assigned to execute the functions of the council and every other cost or disbursement for accomplishment of the functions of the council must be paid from sums appropriated by the General Assembly to the department."
SECTION 3. The South Carolina Interagency Council on Hunger and Nutrition as established in this act is terminated and ceases to exist three years after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.