Current Amendment: 3 to Bill 4337
Senator Young proposes the following amendment (SF-4337.AA0013S):
Amend the bill, as and if amended, SECTION 1, by striking Section 2-15-130(C) and inserting:
(C) Prior to issuance of a subpoena or subpoena duces tecum or making application for a contempt order pursuant to this section, the Council shall approve such action by a majority of the voting members
and must obtain written approval from either the President of the Senate or the Speaker of the House.
A copy of the written approval of the President or of the Speaker obtained pursuant to this section shall be provided to the leadership of other legislative body prior to issuance of a subpoena, subpoena duces tecum or application for contempt by the Legislative Audit Council.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 2-15-50 of the S.C. Code is amended to read:
Section 2-15-50. For the purpose of this chapter "state agencies" means all officers, departments, boards, commissions, institutions, universities, colleges,
charter school sponsors or authorizers as defined in Section 58-40-40, bodies politic and corporate of the State and any other person or any other administrative unit of state government or corporate outgrowth of state government, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived, but does not mean or include counties.
For the purposes of this chapter, "audit" means a full-scope examination of and investigation into all state agency matters necessary to make a determination of:
(a)(1) whether the entity is acquiring, protecting, and using its resources, such as personnel, property, and space, economically and efficiently;
(2) the causes of inefficiencies or uneconomical practices; and
(3) whether the entity has complied with laws and regulations concerning matters of economy and efficiency; and
(b)(1) the extent to which the desired results or benefits established by the General Assembly or other authorizing body are achieved;
(2) the effectiveness of organizations, programs, activities, or functions and whether these organizations, programs, activities, or functions should be continued, revised, or eliminated; and
(3) whether the entity has complied with laws and regulations applicable to the program.
SECTION X. Section 2-15-10 of the S.C. Code is amended to read:
Section 2-15-10. There is created the Legislative Audit Council consisting of
five six members,
one three of whom must be
appointed by the President of the Senate and three of whom must be appointed by the Speaker of the House of Representatives. Of those appointed, one 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.
SECTION X. Section 2-15-30 of the S.C. Code is amended to read:
Section 2-15-30. The terms of office of the members of the Council shall be for six years and until their successors are appointed and qualify
., except that of the initial members, one shall be elected for the term of two years, one for a term of four years and one for a term of six years. No person who is either a member of the General Assembly or has served in the General Assembly during the preceding two years shall be elected to the Council. Any member may succeed himself on the Council. The Council shall elect its own chairman.
Renumber sections to conform.
Amend title to conform.