S*1001 Session 107 (1987-1988)
S*1001(Rat #0516, Act #0465 of 1988) General Bill, By Drummond, W.E. Applegate,
Branton, Courson, R.C. Dennis, W.W. Doar, H.U. Fielding, Giese, J.C. Hayes,
C.T. Hinson, Leatherman, W.R. Lee, Leventis, J.M. Long, A.S. Macaulay,
S.S. Martschink, Matthews, McConnell, F.H. McGill, P.B. McLeod, Patterson,
Peeler, T.H. Pope, C.L. Powell, Russell, Setzler, R.C. Shealy, H.C. Smith,
J.V. Smith, T.E. Smith, H.S. Stilwell, Thomas, J.M. Waddell and Wilson
Similar(H 3497)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 22
to Title 1 so as to provide for the Compliance Review Act of 1988 by creating
a formal structured process to be conducted by a Compliance Review Committee
to determine the degree of agency compliance with the findings and
recommendations contained in Legislative Audit Council reports and to provide
for the Chapter to apply to any audit or report released to the public after
December 31, 1988.-amended title
01/12/88 Senate Introduced and read first time SJ-251
01/12/88 Senate Referred to Committee on Finance SJ-251
01/27/88 Senate Committee report: Favorable Finance SJ-19
02/04/88 Senate Special order SJ-46
03/08/88 Senate Debate interrupted SJ-71
03/09/88 Senate Debate interrupted SJ-44
03/10/88 Senate Debate int. until after the morning hour next
wednesda SJ-42
03/16/88 Senate Debate interrupted SJ-17
03/17/88 Senate Amended SJ-48
03/17/88 Senate Read second time SJ-54
03/17/88 Senate Ordered to third reading with notice of
amendments SJ-54
03/22/88 Senate Special order SJ-28
03/29/88 Senate Int deb after uncontested call on Wed. 3/30/88 SJ-3
03/30/88 Senate Amended SJ-47
03/30/88 Senate Int deb immediately following morning hour SJ-55
03/31/88 Senate Debate interrupted SJ-15
04/05/88 Senate Amended SJ-24
04/05/88 Senate Read third time and sent to House SJ-27
04/06/88 House Introduced, read first time, placed on calendar
without reference HJ-2503
04/14/88 House Read second time HJ-2959
04/14/88 House Unanimous consent for third reading on next
legislative day HJ-2963
04/15/88 House Read third time and enrolled HJ-3009
04/19/88 Ratified R 516
04/22/88 Signed By Governor
04/22/88 Effective date 01/01/89
04/22/88 Act No. 465
05/03/88 Copies available
(A465, R516, S1001)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22
TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A
FORMAL, STRUCTURED PROCESS TO BE CONDUCTED BY A COMPLIANCE REVIEW COMMITTEE TO
DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS
CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO
APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.
Whereas, it is the purpose of the Legislative Audit Council, as provided in
Section 2-15-60 of the 1976 Code, to investigate and study any fiscal matter
referred to it by the General Assembly or its members and submit a report
containing its findings and recommendations to each member of the General
Assembly; and
Whereas, it is the aim of the State Reorganization Commission, as provided in
Section 1-19-80 of the 1976 Code, to examine each of the executive and
administrative agencies of state government, including its organization and
functions, to determine the presence of duplication and overlapping and recommend
methods to increase efficiency and effectiveness; and
Whereas, the General Assembly, in order to ensure greater agency accountability,
finds a need to determine agency compliance with the reports, findings, and
recommendations of the Legislative Audit Council; and
Whereas, the General Assembly believes that an independent, systematic process
should be established to determine agency compliance with the Legislative Audit
Council reports, findings, and recommendations. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Purpose
SECTION 1. It is the purpose of Chapter 22 of Title 1 of the 1976 Code, as added
by this act, to create a formal, structured process to determine the degree of
agency compliance with the findings and recommendations contained in the reports
of the Legislative Audit Council. This process should be conducted by a
Compliance Review Committee as defined in Section l-22-20(6) of the 1976 Code.
The role of the Reorganization Commission staff is to provide analysis, research,
and support to the committee on agency compliance with the Legislative Audit
Council's recommendations in order to ensure the effectiveness of agency
operations.
Compliance Review Act of 1988
SECTION 2. Title 1 of the 1976 Code is amended by adding:
"CHAPTER 22
Compliance Review Act of 1988
Section 1-22-10. This chapter may be cited as the 'Compliance Review Act of
1988'.
Section 1-22-20. For the purpose of this chapter:
(1) 'State agencies' means all officers, departments, boards, commissions,
institutions, universities, colleges, bodies politic and corporate of the State,
and any other person or administrative division of state government or corporate
outgrowth of state government expending or encumbering state funds by virtue of
an appropriation from the General Assembly, handling money on behalf of the
State, or holding any trust funds from any source derived, but does not mean
counties.
(2) 'Audit' means a broad-scope examination of and investigation into all state
agency matters relating to:
(a) compliance by state agencies with all applicable state and federal laws and
regulations;
(b) the efficiency and the economy of state agency operations;
(c) the effectiveness of state agencies in achieving desired program results.
(3) 'Council' means the Legislative Audit Council.
(4) 'Commission staff' means the staff of the State Reorganization Commission.
(5) 'Commission' means the State Reorganization Commission.
(6) 'Committee' means the Compliance Review Committee which must be composed
of three members of the House of Representatives, as selected by the chairman of
the appropriate standing committee of the House; three members of the Senate, as
selected by the chairman of the appropriate standing committee of the Senate; and
three members of the Reorganization Commission appointed by its chairman.
(7) 'Preliminary Compliance Review Report' means a written document which
states the degree to which an agency has implemented the recommendations of the
council as contained in an audit report and which is approved by the committee.
(8) 'Final Compliance Review Report' means a written document, as approved by
the committee, which states the degree to which an agency has implemented the
recommendations of the council as contained in an audit report. Any
recommendations, including proposed legislation and changes in the agency's
regulations and practices, based on testimony received, must be included in the
report.
(9) 'Records' include, but are not limited to, books, papers, maps,
photographs, cards, tapes, recordings, or other documentary materials, regardless
of physical form or characteristics, prepared, owned, used, or in the possession
of or retained by the council, commission staff, and committee.
Section 1-22-30. Upon the public release of any audit report or study conducted
by the council, the council shall deliver three copies to the President of the
Senate, three copies to the Speaker of the House of Representatives, and three
copies to the chairman of the commission.
Section 1-22-40. Upon receipt of any audit report or study by the council, the
President of the Senate and the Speaker of the House of Representatives shall
submit the audit report to the appropriate standing committee of each respective
body within fourteen days. The chairman of each standing committee immediately
shall appoint three members of the standing committee to serve on the Compliance
Review Committee. The chairman of the commission immediately shall appoint three
members of the commission to serve on the Compliance Review Committee. The
committee shall meet and select a chairman from its members within fourteen days
after the appointment of all members.
Section 1-22-50. The staff of the commission shall provide all research and
analytical support to the committee. The committee and the commission staff shall
have access to all documents and working papers and state agency documents and
records regarding any audit report or study after it is published.
Section 1-22-60. All records of the committee, commission staff, and the
council, with the exception of the Preliminary and Final Compliance Review
Reports provided for in Sections 1-22-120 and 1-22-160, are confidential and must
not be disclosed to the public.
Any person violating the provisions of this section is guilty of a misdemeanor
and, upon conviction, must be fined not more than one thousand dollars or
imprisoned for not more than one year, or both, in the discretion of the court.
If the person convicted is an officer or employee of the State, he must be
dismissed from office or employment and is ineligible to hold any public office
in this State for a period of five years after conviction.
Section 1-22-70. In the performance of their compliance review duties, the
committee and the commission staff are subject to the statutory provisions and
penalties regarding the confidentiality of records of the agency under review.
Section 1-22-80. In order to carry out the provisions of this chapter, all state
agencies or governmental entities shall cooperate by answering all information
requests within a period of time specified by the committee or in an alternative
format approved in advance by the committee.
Section 1-22-90. The commission staff shall examine, as necessary, all
pertinent documents, working papers, and studies, conduct interviews and surveys,
and use any other appropriate methods to determine agency compliance with council
recommendations as contained in the audit reports or studies as directed by the
committee.
Section 1-22-100. Upon a majority vote of the full committee, the committee may
subpoena from any state agency or institution all relevant information, reports,
or other data and require, pursuant to a subpoena duces tecum, the appearance
before it of any officer or employee of any state agency or institution or the
production of any relevant document or record within the custody of any state
agency or institution.
The committee may order the opening of records and their full access by members
of the committee or commission staff. No violation of the privacy provisions of
any state or federal law may result from this access to agency records.
The committee shall address all informational requests to the chief
administrative officer of the agency examined, and he is held accountable for the
swift compliance with the requests. Any wilful noncompliance with an
informational request is considered misfeasance in office and subjects the
administrative officer to the penalties for misfeasance.
Section 1-22-110. The commission staff, as directed by the committee, shall
complete all studies necessary to determine compliance no later than one year
after the public issuance of the audit report or study by the council.
Section 1-22-120. The committee shall produce a Preliminary Compliance Review
Report on agency compliance with the council audit report recommendations no
later than three months after the completion of the one-year period established
in Section 1-22-110. The agency which is the subject of the report must be given
access to the report. If the agency wishes to respond to the findings of the
report, it shall provide a written copy of its response within ten working days
of its receipt. The agency's response must be made an appendix to the Preliminary
Compliance Review Report.
Section 1-22-130. Within three months of the issuance of a Preliminary Compliance
Review Report, the committee shall hold public hearings and receive testimony
regarding the findings and recommendations of the report. However, the committee
may waive a public hearing if the Preliminary Compliance Review Report
demonstrates that the agency is in compliance with the audit recommendations.
Section 1-22-140. The committee may administer all necessary oaths, and any
person who, after being sworn before the committee, testifies falsely is guilty
of perjury and, upon conviction, must be punished accordingly. All testimony
given before the committee is privileged, and no witness is liable for
prosecution based upon any transaction as to which testimony is required of him
by the committee under this chapter, except in a prosecution for perjury
committed in giving the testimony.
Section 1-22-150. If any officer or employee of any state agency or institution
fails or refuses to answer the summons, a notice, or a question of the committee,
to permit the examinations provided for in Section 1-22-90, or to act on the
order or notice of the committee to produce books, papers, or other documents or
writings he is considered to be in contempt of the authority of the committee and
may be imprisoned under the order of the committee after review by a court of
competent jurisdiction.
Section 1-22-160. Based on the findings and recommendations of the Preliminary
Compliance Review Report, the testimony given in the public hearing process, and
the recommendations of the committee, the committee shall approve and issue a
Final Compliance Review Report to the appropriate standing committees, the
General Assembly, and the public. Any recommendations, including proposed
legislation and changes in the agency's regulations and practices, must be
included in the report.
Section 1-22-170. The committee shall forward all Final Compliance Review
Reports to the House of Representatives' Ways and Means Committee, the Senate
Finance Committee, and the Governor.
Section 1-22-180. Agency sunset reviews conducted by the council, as provided
for in Section 1-20-10, are excluded from this chapter.
Section 1-22-190. Mileage, subsistence, per diem, and other expenses for
members serving on the committee must be paid by their respective body, their
representative committee, or the commission."
Application
SECTION 3. Chapter 22 of Title 1 of the 1976 Code, as added by this act, applies
to any audit or report released to the public by the Legislative Audit Council
after December 31, 1988.
Time effective
SECTION 4. This act takes effect January 1, 1989. |