Bill 1040

                    Current Status

Introducing Body:               Senate
Bill Number:                    1040
Ratification Number:            537
Act Number:                     8 of 1995
Primary Sponsor:                Bryan
Type of Legislation:            GB
Subject:                        Legislative Audit Council
Date Bill Passed both Bodies:   19940602
Computer Document Number:       1040
Introduced Date:                19940118
Date of Last Amendment:         19940601
Governor's Action:              V
Date of Governor's Action:      19950110
Action on Governor's Veto:      O
Scope of Legislation:           Statewide
All Sponsors:                   Bryan
Type of Legislation:            General Bill

Bill   Body    Date          Action Description              CMN  Leg Involved
____   ______  ____________  ______________________________  ___  ____________

1040   ------  19950202      Act No. 8 of 1995
1040   House   19950124      Veto overridden
1040   House   19950119      Debate adjourned upon veto
                             message until Tuesday, January,
                             24, 1995
1040   Senate  19950118      Veto overridden
1040   ------  19950110      Vetoed by Governor
1040------     19940602      Ratified R 537
1040   Senate  19940602      Ordered enrolled for
                             ratification
1040   House   19940601      Conference Committee Report     98
                             received, adopted
1040   Senate  19940601      Conference Committee Report     98
                             received, adopted
1040   Senate  19940601      Conference powers granted,      98   Bryan
                             appointed Senators to                Passailaigue
                             Committee of Conference              Hayes
1040   House   19940531      Conference powers granted,      98   Kirsh
                             appointed Reps. to Committee         Hodges
                             of Conference                        Corning
1040   House   19940531      Insists upon amendment
1040   Senate  19940531      Non-concurrence in House
                             amendment
1040   House   19940527      Read third time, returned to
                             Senate with amendment
1040   House   19940526      Amended, read second time,
                             unanimous consent for third
                             reading on Friday, May 27,
                             1994
1040   House   19940526      Objection by Representative          Kirsh
                                                                  Simrill
                                                                  Moody-Lawrence
1040   House   19940518      Committee Report: Favorable     25
       with amendment
1040   House   19940407      Introduced, read first time,    25
                             referred to Committee
1040   Senate  19940406      Read third time, sent to House
1040   Senate  19940317      Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
1040   Senate  19940316      Committee Report: Favorable     11
                             with amendment
1040   Senate  19940118      Introduced, read first time,    11
                             referred to Committee

(A8, 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.