Current Status Bill Number:724 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970501 Primary Sponsor:Cork All Sponsors:Cork Drafted Document Number:pt\1230dw.97 Companion Bill Number:3863 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Counties, Political Subdivisions; councils to furnish county elected officers with office space, equipment, personnel
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970501 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 4-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF A COUNTY FURNISH CERTAIN COUNTY OFFICERS WITH OFFICE SPACE, FURNITURE, AND EQUIPMENT, SO AS TO REQUIRE THE COUNTY GOVERNING BODY TO FURNISH ELECTED COUNTY OFFICERS WITH SUFFICIENT OFFICE SPACE, FURNITURE, EQUIPMENT, AND PERSONNEL TO TRANSACT THE BUSINESS OF THOSE OFFICERS, AND TO PROVIDE THAT THESE ELECTED OFFICERS HAVE TOTAL CONTROL OVER THEIR BUDGETS ONCE APPROVED, TO PROHIBIT A COUNTY ADMINISTRATOR, SUPERVISOR, OR GOVERNING BODY OF A COUNTY FROM REDUCING THE OFFICER'S BUDGET UNTIL THE NEXT BUDGET CYCLE AND PROVIDE AN EXCEPTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-1-80 of the 1976 Code is amended to read:
"Section 4-1-80. The governing body of each county shall furnish the probate judge, auditor, superintendent of education, clerk of court, sheriff, treasurer and master in equity of their respective counties office room, together with necessary furniture and stationery for the same, which shall be kept at the courthouse of their respective counties, and it shall supply the offices of such officials with fuel, lights, postage and other incidentals necessary to the proper transaction of the legitimate business of such offices.
The provisions of this section, as they relate to office space in the courthouse, shall not apply to Richland County. (A) For purposes of this section 'elected county officer' means the county auditor, clerk of court, coroner, register of mesne conveyances, if elected, probate judge, sheriff, and treasurer.
(B)(1) Elected county officers must be furnished by the county governing body an office of operations that is located in proximity and affiliation to other centralized county operations. The officers must be provided sufficient office space, furniture, equipment, and personnel as needed for the transaction of legitimate business of the office.
(a) The level of needs to meet this transaction of legitimate business of the office must be submitted by the elected county officer, who may identify any perceived deficiencies, and submit a request for address of these deficiencies in writing to the county governing body.
(b) The county governing body shall review the written request within thirty days, and must within sixty days return written notification of concurrence with written justification for denial for any item that is denied.
(2) Elected county officers must operate under direction of law in the performance of their duties of office, with those supplemental policies and procedures as may be necessary. They must have complete autonomy from county administrators, county appointed monitors and supervisors, and county governing body members, with the exception of official inquiries and investigations, and legally required inspections or reviews.
(3) Elected county officers may deal directly with those state agencies and other county agencies as may be necessitated by the performance of the duties of the office without the requirement of the permission or the intercession of any local county government intermediary.
(4) The operating budget allocated to an elected county officer may not be used as an instrument of coercion, or of intimidation, to restrict, control, or influence an elected officer in the performance of the duties of office.
(a) Once the budget process has been completed, the elected officers have complete and unrestricted control over their budgets, unsubjected to reallocation, funds denial, funds withholding, or delay in funding, or any other tactic as may be utilized to attempt to restrict, hinder, or unlawfully control or intimidate an elected officer.
(b) Once the budget process has been completed, the county governing body and its agents are prohibited from reducing the budget of an elected officer during the budget cycle, except if a budget emergency occurs, in which case any reduction must be applied to all county agencies and governing functions, and the reduction as applied to the budget of an elected officer must be proportionate to the reduction for all other agencies."
SECTION 2. This act takes effect upon approval by the Governor.