South Carolina General Assembly
113th Session, 1999-2000

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Bill 3705

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COMMITTEE REPORT

April 21, 1999

H. 3705

Introduced by Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell

S. Printed 4/21/99--H.

Read the first time March 10, 1999.

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 3705), to amend Section 25-11-40, as amended, Code of Laws of South Carolina, 1976, relating to county veteran affairs officers, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

JOE E. BROWN, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Governor's Office - Office of Executive Policy and Programs forecasts no fiscal impact on the General Fund of the State which assumes that no additional expenditures or savings are expected with the passage of the proposed legislation. The office notes that it currently provides the training specified in Section 25-11-40 (C).

LOCAL GOVERNMENT IMPACT:

Passage of this bill would have no direct impact on local governments.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.

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

SECTION 1. Section 25-11-40 of the 1976 Code, as last amended by Section 486 of Act 181 of 1993, is further amended to read:

"Section 25-11-40. (A) For the purpose of this section, 'veteran' means a person who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from service active duty because of a service-connected disability. A county veterans affairs officer position may be filled by a qualified veteran or by a qualified nonveteran if the veteran being considered has lesser qualifications.

(B) Subject to the recommendation of a majority of the senators representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms term of office shall begin on the effective date appointed when filling an unexpired term and continue until July first in the odd-numbered year in which an incumbency of four years is recognized. Thereafter, the ensuing term of office shall begin July first of each odd-numbered year and shall continue for a term of two four years and until their his successors shall be successor is appointed. Any such county veterans affairs officer must be a qualified veteran who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from such active duty because of a service-connected disability; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post has lesser qualifications. Any such county veterans affairs officer shall be is subject to removal for cause at any time by a majority of the senators representing the county and a majority of the House members representing the county.

(C) All county veterans affairs officers must successfully complete a comprehensive course of training and be issued accreditation within two years following initial appointment, either through the Division of Veterans' Affairs or through an accredited national veterans service organization. A training council from the S.C. Association of County Veterans' Affairs officers, in conjunction with the Division of Veterans' Affairs, or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans' Affairs or through an accredited national veterans service organization. Any county veterans affairs officer who does not complete the required training and receive accreditation within the first two years following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required every two years.

(D) (1) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995, as amended.

(2) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

(3) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."

SECTION 2. This act takes effect upon approval by the Governor.

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