Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 12, 2025

 

H. 3430

 

Introduced by Reps. B. Newton, Murphy, Caskey, Mitchell, Pope, W. Newton, Bannister, Sessions, Jordan, Robbins, Collins, Martin, Lawson, Wickensimer, Landing, Long, Hiott, Forrest, Sanders, Teeple, Oremus, Hartz, Guest, Pedalino, M. M. Smith, Schuessler, Chapman, Gatch, McGinnis, Neese, Hardee, Ligon, Taylor, Willis, Vaughan, Brittain, Erickson, Bradley, Rankin, Hager, Whitmire, Gilliam, Crawford, Hewitt, Yow and Hixon

 

S. Printed 2/12/25--H.

Read the first time January 14, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 3430) to amend the South Carolina Code of Laws by adding Section 11-7-70 so as to provide that the Governor shall appoint the State Auditor with the advice and consent, etc., respectfully

Report:

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

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill specifies that the State Auditor will be appointed by the Governor with the advice and consent of the Senate. This bill also outlines the State Auditor's selection qualifications, specifies his compensation is to be set by the Governor, and specifies how the State Auditor may be removed from office by the Governor. Currently, the State Auditor is selected by the State Fiscal Accountability Authority.

 

This bill will have not any expenditure impact to either the Office of the Governor or the Office of the State Auditor. The Office of the Governor has indicated that the proposed change would be managed under existing staff and appropriations. The Office of the State Auditor has indicated that this bill would not impact responsibilities of the agency and that there is already compensation for the State Auditor in the budget. The Office of the State Auditor noted that if compensation is set to increase in the future, the Office would request a change in the budget at that time.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-7-70 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE AUDITOR WITH THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-3-240, RELATING TO REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE STATE AUDITOR; AND BY REPEALING SECTION 11-7-10 RELATING TO THE SELECTION OF THE STATE AUDITOR.

 

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

 

SECTION 1.  Chapter 7, Title 11 of the S.C. Code is amended by adding:

 

    Section 11-7-70. (A) Notwithstanding any other provision of law, the Governor shall appoint the State Auditor with the advice and consent of the Senate for a term of four years. A Governor may reappoint the State Auditor for additional terms. The State Auditor's compensation must not be reduced during the State Auditor's uninterrupted continued tenure in office.

    (B) The State Auditor:

       (1) may be removed from office only by the Governor as provided in Section 1-3-240(C);

       (2) must be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, or criminal justice administration or other closely related fields;

       (3) is entitled to receive compensation set by the Governor and approved by the State Fiscal Accountability Authority.

 

SECTION 2.  Section 1-3-240(C)(1)(b) of the S.C. Code is amended to read:

 

    (b) [Reserved] State Auditor;

 

SECTION 3.  Section 11-7-10 of the S.C. Code is repealed.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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