Current Status Introducing Body:
SenateBill Number: 268Primary Sponsor: MullinaxType of Legislation: GBSubject: County human resources commissionsResiding Body: HouseComputer Document Number: 268Introduced Date: Jan 08, 1991Last History Body: HouseLast History Date: Apr 28, 1992Last History Type: Recalled from SenateScope of Legislation: LocalAll Sponsors: MullinaxType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 268 House Apr 28, 1992 Recalled from Senate 268 House Apr 23, 1992 Read third time, enrolled for ratification 268 House Apr 16, 1992 Debate adjourned until Thursday, April 23, 1992 268 House Apr 15, 1992 Read second time 268 House Mar 31, 1992 Introduced, read first time, placed on Calendar without reference 268 Senate Mar 26, 1992 Read third time, sent to House 268 Senate Apr 03, 1991 Unanimous consent to withdraw Minority report 268 Senate Mar 28, 1991 Read second time, ordered to third reading with notice of general amendments, carrying over all amendments to third 268 Senate Mar 27, 1991 Committee Report: majority 08 favorable, minority unfavorable 268 Senate Jan 08, 1991 Introduced and read first 08 time, referred to Committee 268 Senate Oct 29, 1990 Prefiled, referred to 08 CommitteeView additional legislative information at the LPITS web site.
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
County human resources commissions
SECTION 1. Title 43 of the 1976 Code is amended by adding:
Section 43-47-10. A county by ordinance may provide for a human resources commission to serve that county. The provisions of this chapter do not apply to a county served by a human resources commission pursuant to state law.
Section 43-47-20. The commission is declared to be a body politic and corporate and may exercise all its rights and privileges. Membership on the commission is not an office of honor or profit.
Section 43-47-30. (A) The commission must be composed of nine members who reside in the county as follows:
(1) One-third of the members must be elected public officials, or their representatives.
(2) One-third of the members must be persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the areas served.
(3) One-third of the members must be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the county.
(B) The commission may increase the total membership, if necessary, to comply with the provisions of Section 43-47-70 or to meet additional federal requirements if the increase is accomplished in multiples of three in order to retain the basic structure of the commission as provided for in subsection (A).
Section 43-47-40. After the candidates for nomination to the commission have met the eligibility criteria and have been selected for membership in accordance with the requirements of the Economic Opportunity Act of 1964, Public Law 92-424, as amended, and the Headstart, Economic Opportunity, and Community Partnership Act of 1974, Public Law 93-644, and the regulations promulgated under the acts, they must be confirmed as members of the commission by appointment of the Governor upon the recommendation of the county council.
Section 43-47-50. The terms of office are for two years, except no public official may continue to serve if he ends his term as a public official. No member of the commission selected under Section 43-47-30(A)(2) or (3) may serve for more than five consecutive years nor more than a total of ten years.
Section 43-47-60. Members of the commission serve without compensation except as otherwise provided for by federal authorization. A vacancy must be filled for the remainder of the unexpired term by selection and appointment in the same manner as provided for the original appointment.
Section 43-47-70. The commission shall establish procedures under which community agencies or organizations and representative groups of the poor which feel themselves inadequately represented on the commission may petition for adequate membership. In this regard, the commission is governed by the federal regulations and guidelines promulgated under Public Law 92-424, as amended, and Public Law 93-644. If the commission finds that a petition for membership is meritorious and a seat is warranted, the membership must be increased as provided for in Section 43-47-30(B).
Section 43-47-80. Immediately upon appointment of the commission, it shall organize by electing from its membership a chairman, a vice-chairman, a secretary, and a treasurer. The commission shall file and maintain a current record of its members with the office of the clerk of court and with the legislative delegation in the county.
Section 43-47-90. The commission may:
(1) sue and be sued;
(2) adopt, use, and alter a corporate seal;
(3) make bylaws for the management and regulation of its affairs;
(4) appoint agents, employees, and servants, prescribe their duties, fix their compensation, and determine if and to what extent they must be bonded for the faithful performance of their duties;
(5) undertake the improvement of communication and cooperation among existing and future programs administered by federal, state, county, and municipal governmental agencies and private organizations designed to improve the health, education, welfare, housing, or employment of the low income residents of the county and, with the consent of the agencies and organizations, coordinate the services;
(6) enter into contracts and agreements for performance of its programs and duties with federal, state, county, and municipal governmental agencies and their subdivisions and private nonprofit organizations;
(7) receive and expend funds for the performance of its duties in the administration of its programs from the governmental agencies and their subdivisions and private nonprofit organizations, as well as any other sources;
(8) designate an executive committee from among the members of the commission to which may be delegated one or more duties and responsibilities of the commission and appoint one or more subcommittees to advise and assist in the administration of its program and the performance of its duties. All committees designated must be represented by the three categories in the same proportion as the full commission;
(9) maintain adequate accounts and records of its activities, receipts, and expenses in conformance with requirements of a contract or agreement with a federal, state, county, or municipal governmental agency, or its subdivision, or a private nonprofit organization;
(10) acquire, own, or hold in trust, preserve, restore, maintain, or lease property, facilities, and equipment reasonably necessary for the performance of its duties and the administration of its programs;
(11) do other things as may be necessary to perform the duties prescribed in this chapter.
Section 43-47-100. All property of the commission is exempt from all ad valorem taxes levied by the county or its municipalities or divisions, subdivisions, or agencies, directly or indirectly.
Section 43-47-110. The commission shall conduct its affairs on the fiscal year basis of July first to June thirtieth. As shortly after the close of its fiscal year as may be practicable, an audit of its affairs must be made by a certified public accountant to be designated by the commission. Copies of the audit, incorporated into an annual report of the commission, must be filed with the legislative delegation of the county and the county council.
Section 43-47-120. Action required of the commission may be taken at a regular or special meeting, and at the meeting fifty percent of the total membership constitutes a quorum."
Anderson County deleted from GLEAAMS Human Resource Commission
SECTION 2. Section 43-41-10 of the 1976 Code is amended to read:
"Section 43-41-10. There is created the GLEAMS Human Resources Commission in Greenwood, Laurens, Edgefield, Abbeville, McCormick, and Saluda Counties."
Anderson County commission members deleted
SECTION 3. Section 43-41-30 of the 1976 Code is amended to read:
"Section 43-41-30. (a) The commission is composed of eighteen members as follows:
(1) One-third of the members of the commission are elected public officials, or their representatives, unless the number of the officials reasonably available or willing to serve is less than one-third of the membership of the commission.
(2) At least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the areas served.
(3) The remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the areas served.
(b) The commission may increase in multiples of three the total membership, if necessary, to comply with the provisions of Section 43-41-80, or to meet additional federal requirements.
(c) If the commission membership is increased under the provisions of Section 43-41-80, the three new seats must be apportioned by the commission among the participating counties, to include a seat for the petitioning group, according to federal regulatory measures promulgated under the Economic Opportunity Act of 1964, Public Law 92-424, and the Headstart, Economic Opportunity, and Community Partnership Act of 1974, Public Law 93-644."
Anderson County commission members deleted
SECTION 4. Section 43-41-40 of the 1976 Code is amended to read:
"Section 43-41-40. The eighteen members of the commission must be apportioned among the participating counties as follows:
(1) Greenwood County--three members;
(2) Laurens County--three members;
(3) Edgefield County--three members;
(4) Abbeville County--three members;
(5) McCormick County--three members;
(6) Saluda County--three members.
The membership from each county also must be constituted according to the formula provided for in Section 43-41-30(a)."
Expiration of terms of Anderson County commission members
SECTION 5. The terms of members of the GLEAAMS Human Resources Commission who represent Anderson County expire on the effective date of this act.
SECTION 6. This act takes effect upon approval by the Governor.
In the Senate House _________________________________.
President of the Senate
Speaker of the House of Representatives
Approved the _______ day of __________________, 1992.
Printer's Date -- May 1, 1992 -- S.