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COMMITTEE REPORT
March 28, 2001
H. 3294
L. Printed 3/28/01--S. [SEC 3/29/01 1:56 PM]
Read the first time January 25, 2001.
To whom was referred a Bill (H. 3294) to devolve the authority for appointments and budgetary approvals for certain offices, boards, and commissions from the joint legislative delegation representing Berkeley County, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, line 23, as contained in SECTION 1, by striking /Board of Elections and Voter Registration of Berkeley County/ and inserting therein /county boards of registration as provided in Section 7-5-10, and the appointment of county commissioners of election as provided in Section 7-13-70 /.
Amend the bill further, as and if amended, page 2, beginning on line 9, as contained in SECTION 1, by striking lines 9 through 18 and inserting therein the following:
(6) Transportation Committee Section 12-28-2740
(7) Low Country Resources
Conservation and Development
Authority Section 48-15-20
(8) Foster Care Review Board Section 20-7-2385
(9) Trident TEC Board Section 59-53-410
Section 59-53-440
(10) Economic Opportunity
Commission Section 4-31-330 /.
Amend the bill further, as and if amended, page 2, line 37, by striking SECTION 4 in its entirety and inserting therein the following:
/ SECTION 4. Section 4-11-50 of the 1976 Code is amended to read:
"Section 4-11-50. The extension service of Clemson University shall must place at least one farm and one home demonstration agent in each county in this State, subject to confirmation by a majority of the county delegation,. such These agents to must be employed as at present and payment of their salaries to must be made through the treasurer of the extension service as provided for the payment of that portion of the salaries of such these agents contributed by the State state and Federal federal governments.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996."
SECTION 5. Section 12-28-2740 of the 1976 Code is amended to read:
"Section 12-28-2740. (A) The proceeds from two and sixty-six one-hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section. The monies must be apportioned among the counties of the State in the following manner:
(1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State;
(2) one-third distributed in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census;
(3) one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Transportation;. The Department of Revenue shall must collect the information required pursuant to Section 12-28-1390 regarding the number of gallons sold in each county for use in making allocations of donor funds as provided in subsection (H). The Department of Revenue shall must submit the percentage of the total represented by each county to the Department of Transportation and to each county transportation committee annually by May first of the following calendar year. Upon request of a county transportation committee, the Department of
Transportation shall must continue to administer the funds allocated to the county;
(4) for distribution in 1997, a transitional year as the result of the change of date for reporting the percentages referenced in item (3) to May first, the Department of Transportation shall must use the latest data available from the Department of Revenue, which was derived from sales data for the 1995 calendar year.
All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway Fund.
All earnings on the County Transportation Fund in the State Treasury must be added to the distribution to counties under this section in the ratio that the county's annual distribution is of the total of these distributions statewide. These distributions of earnings and the calculation required to determine the appropriate amount shall does not include those counties administering their own "C" funds.
(B) The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee. The county transportation committee must be appointed by the county legislative delegation and must be made up of fair representation from municipalities and unincorporated areas of the county. County transportation committees may join in approving a regional transportation plan, and the funds must be used in furtherance of the regional transportation plan. This subsection does not prohibit the county legislative delegation from making project recommendations to the county transportation committee. A county transportation committee may expend from the funds allocated under this section an amount not to exceed one thousand dollars for reasonable administrative expenses directly related to the activities of the committee. Administrative expenses may include costs associated with copying, mailings, public notices, correspondence, and recordkeeping record keeping but do not include the payment of per diem or salaries for members of the committee.
(C) At least twenty-five percent of a county's apportionment of "C" funds must be expended on the state highway system for construction, improvements, and maintenance. The county transportation committee, at its discretion, may expend up to seventy-five percent of "C" construction funds for activities including, but not limited to, local paving or improving county roads, for street and traffic signs, and for other paving projects. Roads constructed of rock must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
(D) The funds allocated to the county also may be used to issue county bonds or state highway bonds as provided in subsection (J), pay directly for appropriate highway projects, including engineering, contracting, and project supervision, and match federal funds available for appropriate projects. Expenditures must be documented on a per-project basis upon the completion of each project in reports to the respective county transportation committees. This documentation must be provided by the agency or local government actually expending the funds and it shall must include a description of the completed project and a general accounting of all expenditures made in connection with the project. These reports then must be forwarded by each county transportation committee to the department, and the department shall must compile these reports into an annual statewide report to be submitted to the General Assembly by the second Tuesday of January of each year. The documentation and reporting requirements of this subsection apply only to counties which withdraw "C" funds from the State Treasurer's Office.
(E) All unexpended "C" funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(F) The countywide and regional transportation plans provided for in this section must be reviewed and approved by the Department of Transportation. Before the expenditure of funds by a county transportation committee, the committee shall must adopt specifications for local road projects. In counties electing to expend their allocation directly pursuant to subsection (A), specifications of roads built with "C" funds are to be established by the countywide or regional transportation committee. In counties in which the county transportation committee elects to have "C" funds administered by the Department of Transportation, primary and secondary roads built using "C" funds must meet Department of Transportation specifications.
(G) This section must not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the Department of Transportation.
(H) For purposes of this subsection, "donor county" means a county that contributes to the "C" fund an amount in excess of what it receives under the allocation formula as stated in subsection (A). In addition to the allocation to the counties pursuant to subsection (A), the Department of Transportation annually shall must transfer from the state highway fund to the
donor counties an amount equal to nine and one-half million dollars in the ratio of the individual donor county's contribution in excess of "C" fund revenue allocated to the county under subsection (A) to the total excess contributions of all donor counties.
(I) In expending funds under this section, counties that provide for engineering, contracting, and project supervision shall must use a procurement system which requires competitive sealed bids and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under the contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.
(J) State highway bonds may be issued for the completion of projects for which "C" funds may be expended for projects as determined by the county transportation committee. The applicable source for payment of principal and interest on the bonds is the share of "C" fund revenues available for use by the county transportation committee. The application for the bonds must be filed by the county transportation committee with the Commission of the Department of Transportation and the State Treasurer, which shall must forward the application to the State Budget and Control Board. The Budget and Control Board shall must consider the application in the same manner that it considers state highway bonds, mutatis mutandis.
(K) Members of the committee are insulated from all personal liability arising out of matters related directly to and within the scope of the performance of official duties and functions conferred upon the committee pursuant to this section.
(L) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
(M)(L) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(N)(M) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
(O)(N) Notwithstanding other provisions of this section, the legislative delegation of a county may by delegation resolution abolish the county transportation committee and devolve its powers and duties on the governing body of the county. This devolution may be reversed and the county transportation committee reestablished by a subsequent delegation resolution. The exercise of county transportation committee powers and duties
by a county governing body is not deemed to constitute dual office holding."
SECTION 6. Section 25-11-40 of the 1976 Code is 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 service-connected disability.
(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 must appoint a county veterans affairs officer for each county in the State, whose term of office shall begin begins July first of each odd-numbered year and shall continue for a term of two years and until a successor shall be is appointed. A 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 is not as qualified as a nonveteran being considered for the post. Qualifications shall must be determined by the county legislative delegation upon a majority vote of the Senators representing the county and a majority of the House members representing the county. A county veterans affairs officer 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 one year following initial appointment, either through the Division of Veterans Affairs or through an accredited national veterans service organization. A training council from the South Carolina Association of County Veterans Affairs Officers, in conjunction with the Division of Veterans Affairs or through an accredited national veterans service organization, shall must develop the training criteria. Training and accreditation must be provided by the Division of Veterans Affairs or through an accredited national veterans service organization. A county
veterans affairs officer who does not complete the required training and receives receive accreditation within the first year following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required yearly.
(D)(1) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
(2)(D)(1) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(3)(2) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION 7. Section 43-3-10 of the 1976 Code is amended to read:
"Section 43-3-10. There is created in each county of the State a county department of social services, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county department, and in each county a county board of social services, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county board, to be composed of not less than three nor more than nine members. Each county board serves in an advisory capacity to the director of the county department of social services and to the director. The members of each county board shall must be appointed by the Governor upon the recommendation of a majority, including the Senator, of the county legislative delegation. The terms of the members shall must be for three years and until their successors have been appointed and qualify. In case of a vacancy caused by death, removal, resignation, or otherwise, such the vacancy shall must be filled as provided in this section, but only for the unexpired term.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION 8. Section 48-33-50 of the 1976 Code is amended to read:
"Section 48-33-50. There shall must be set up in each county a board, to be known as the county forestry board, consisting of five members, who shall must be appointed by the State Commission of Forestry on the recommendation of a majority of the county legislative delegation in the House of Representatives and the Senator of such the particular county. The members shall must be residents of the county from which they are appointed. Change of
residence from the county shall must terminate the appointment. The initial term of all the members of the county forestry boards having been one for one year, one for two years, one for three years, one for four years, and one for five years, the terms of the members of each board since appointed have been and shall must hereafter be for five years, each member holding office until his successor is appointed, so that one member shall must be appointed annually.
In case of a vacancy or termination of appointment on a county forestry board, such the vacancy shall must be filled in the same manner as provided for the appointment of members thereof, except that if a vacancy shall exist exists in the office of member of a county forestry board for more than two months the then existing members of the county forestry board may recommend for appointment some suitable person to fill such the vacancy and the State Commission of Forestry shall must make the appointment on such the recommendation.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION 9. Section 59-53-410 of the 1976 Code is amended to read:
"Section 59-53-410. In order that there may be a local agency of the sort contemplated by the former provisions which created the Advisory Committee for Technical Training, to participate in and receive the benefits of the program contemplated thereby for the counties of Berkeley, Charleston, and Dorchester, there is hereby created the Area Commission for the Berkeley-Charleston-Dorchester Technical Education Center (the Area Commission). The Area Commission shall have has the functions and duties hereafter set forth in this article. The Area Commission shall must be comprised of nine members - three of whom shall must be qualified electors of Berkeley, Charleston, and Dorchester Counties counties, respectively. The members from each county shall must be appointed by the Governor upon the recommendation of a majority of the legislative delegations of the respective counties. Of the initial appointees one member from each county shall must have a term of one year, one from each county shall must have a term of two years, and one from each county shall must have a term of three years. Upon the expiration
of the initial terms, successors shall must be appointed in the manner hereinabove provided for terms of three years. All members shall must hold office until their successors shall have been appointed and shall have qualified. In the event of a vacancy, a successor shall must be appointed in the manner of original appointments for the remainder of the term for which the vacancy shall must be filled. The Area Commission shall must meet as soon after appointment as practicable and shall must organize by electing a chairman and such other officers as it deems considers necessary. The Area Commission shall must thenceforth meet upon the call of the chairman or a majority of its members. It shall must make periodic reports of its activities and progress to the legislative delegation from the counties of Berkeley, Charleston, and Dorchester.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996."
SECTION 10. Section 59-53-440 of the 1976 Code is amended to read:
"Section 59-53-440. The Area Commission shall must submit a budget for the ensuing fiscal year on or before February fifteenth of each year for approval by each of the respective legislative delegations from Berkeley, Charleston, and Dorchester Counties counties.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996."
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
WILLIAM MESCHER for Committee.
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Except for the appointment of magistrates as provided in Section 22-1-10 of the 1976 Code and the appointment of the members of the Board of Elections and Voter Registration of Berkeley County, in all cases where appointments to offices, boards, and commissions are made by or upon the recommendation of the House Delegation, the Senate Delegation, or the Joint Legislative Delegation of Berkeley County, or by any other member or combination of members of the General Assembly by reason of their representing all or a portion of Berkeley County, all appointments must be made by or upon the recommendation of a majority of the members of the governing body of Berkeley County if, and to the extent that, the governing body of Berkeley County by ordinance or resolution agrees to accept the responsibility and the authority for making those appointments and notifies the Code Commissioner of its acceptance. All appointments and recommendations must be made without regard to race, religion, color, sex, or national origin.
(B) The application of subsection (A) includes, but is not limited to:
Name Authority
(1) Forestry Board Section 48-33-50
(2) Veterans Affairs Section 25-11-40
(3) Building Permit Inspector Section 4-25-240
(4) Clemson Extension Service Agent Section 4-11-50
(5) County Department of Social
Services Section 43-3-10
(6) Transportation Committee Section 12-28-2730
(7) Assistant Solicitor Section 1-7-420
(8) Low Country Resources
Conservation and Development
Authority Section 48-15-20
(9) Foster Care Review Board Section 20-7-2385
(10) Trident TEC Board Section 59-53-410
Section 59-53-440
(11) Economic Opportunity
Commission Section 4-31-330
SECTION 2. Authority for levy of taxes or approval of budgets or millage levels for all offices, boards, and commissions referenced in Section 1 above is vested in the governing body of Berkeley County.
SECTION 3. The devolution of powers provided for in this act shall occur only if, and to the extent that, the county governing body by ordinance or resolution agrees to accept the action and notifies the Code Commissioner of its acceptance. The Code Commissioner shall keep a list of such notifications and shall include the information in the statutory notes in each cumulative supplement and revised volume of the Code of Laws of South Carolina. The Code Commissioner is empowered and directed to modify all code sections which are inconsistent with this act and to indicate in the notes following a code section any action accepted by a county governing body by ordinance or resolution.
SECTION 4. This act takes effect upon approval by the Governor.
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