S*1040(Rat #0537, Act #0008 of 1995)  General Bill, By Bryan
 A Bill to amend Section 2-15-10, as amended, Code of Laws of South Carolina,
 1976, relating to the composition of the Legislative Audit Council, so as to
 increase the number of public members of the Legislative Audit Council from
 three to five and to provide that one must be a licensed attorney, and delete
 two ex officio members appointed by the Speaker of the House of
 Representatives and the Lieutenant Governor; to amend Section 2-15-20 relating
 to the composition of the Nominating Committee chosen to present nominees to
 the Legislative Audit Council, so as to decrease from seven to six the number
 of members and the manner the members are chosen, and provide the procedure
 for filling vacancies; to amend Section 1-27-10, relating to South Carolina
 Advisory Commission on Intergovernmental Relations, so as to make the
 Commission a part of the Office of the Executive Director of the State Budget
 and Control Board; and to amend Section 1-27-60, relating to the funding of
 the Advisory Commission on Intergovernmental Commission, so as to delete the
 requirement that the Commission recommend an annual budget and appropriation
 request to the Budget and Control Board.-amended title

   01/18/94  Senate Introduced and read first time SJ-5
   01/18/94  Senate Referred to Committee on Judiciary SJ-5
   03/16/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   03/17/94  Senate Amended SJ-34
   03/17/94  Senate Read second time SJ-34
   03/17/94  Senate Ordered to third reading with notice of
                     amendments SJ-34
   04/06/94  Senate Read third time and sent to House SJ-16
   04/07/94  House  Introduced and read first time HJ-7
   04/07/94  House  Referred to Committee on Judiciary HJ-7
   05/18/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-16
   05/26/94  House  Amended HJ-59
   05/26/94  House  Objection by Rep. Kirsh, Simrill & Moody-Lawrence HJ-60
   05/26/94  House  Read second time HJ-62
   05/26/94  House  Unanimous consent for third reading on next
                     legislative day HJ-62
   05/27/94  House  Read third time and returned to Senate with
                     amendments HJ-2
   05/31/94  Senate Non-concurrence in House amendment SJ-11
   05/31/94  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. Kirsh, Hodges &
                     Corning HJ-47
   06/01/94  Senate Conference committee appointed Sens. Bryan,
                     Passailaigue, Hayes SJ-2
   06/01/94  Senate Conference report received and adopted SJ-71
   06/01/94  House  Conference report received and adopted HJ-337
   06/02/94  Senate Ordered enrolled for ratification SJ-40
   06/02/94         Ratified R 537
   01/10/95         Vetoed by Governor
   01/18/95  Senate Veto overridden by originating body Yeas-45  Nays-0
   01/24/95  House  Veto overridden Yeas-112  Nays-0
   02/02/95         Act No. 8

AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.

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

Council created

SECTION 1. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:

"Section 2-15-10. There is created the Legislative Audit Council consisting of five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."

Nominating committee

SECTION 2. Section 2-15-20 of the 1976 Code is amended to read:

"Section 2-15-20. The nominating committee must be composed of six members, three of whom must be appointed by the President of the South Carolina Senate and three of whom must be appointed by the Speaker of the South Carolina House of Representatives. The nominating committee shall present not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly. If the General Assembly is not in session and a vacancy exists in the non ex officio members of the council, the Speaker and President of the Senate, acting jointly, shall fill the vacancy until an election can be held."

Commission part of Budget and Control Board

SECTION 3. Section 1-27-10 of the 1976 Code is amended to read:

"Section 1-27-10. There is created the South Carolina Advisory Commission on Intergovernmental Relations (commission) as part of the Office of the Executive Director, State Budget and Control Board."

Funding of commission

SECTION 4. Section 1-27-60 of the 1976 Code is amended to read:

"Section 1-27-60. The commission shall receive funding as may be provided by the General Assembly and the commission may expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Vetoed by the Governor -- 1/10/95.

Veto overridden by Senate -- 1/17/95.

Veto overrridden by House -- 1/24/95.