S*1040 Session 110 (1993-1994)
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
(A8 of 1995, R537, S1040)
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. |