Bill 4008

                    Current Status

Bill Number:                    4008
Ratification Number:            181
Act Number:                     122
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950412
Primary Sponsor:                Govan
All Sponsors:                   Govan, Cave, Cobb-Hunter, Stuart,
                                Rhoad and Sharpe
Drafted Document Number:        br1\18189ac.95
Date Bill Passed both Bodies:   19950531
Governor's Action:              S
Date of Governor's Action:      19950612
Subject:                        Tricounty Commission on Alcohol and
                                Drug Abuse

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950612  Act No. A122
------  19950612  Signed by Governor
------  19950606  Ratified R181
Senate  19950531  Read third time, enrolled for
                  ratification
Senate  19950530  Read second time, notice of
                  general amendments
Senate  19950518  Recalled from Committee,                 13 SMA
                  placed on the Calendar
Senate  19950425  Introduced, read first time,             13 SMA
                  referred to Committee
House   19950421  Read third time, sent to Senate
House   19950420  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19950412  Introduced, read first time,
                  placed on Calendar without reference

(A122, R181, H4008)

AN ACT TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.

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

Commission membership and powers and duties revised; terms to be served to completion

SECTION 1. Sections 1, 2, 3, 6, and 7 of Act 346 of 1975 are amended to read:

"Section 1. There is created the Tricounty Commission on Alcohol and Drug Abuse to be composed of two qualified electors from Bamberg County, two qualified electors from Calhoun County, and five qualified electors from Orangeburg County, to be appointed by the Governor upon the recommendation of the respective county legislative delegations. The members of the commission are appointed for terms of three years and until successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

Section 2. The members of the commission upon being appointed shall meet and elect a chairman, vice-chairman, and secretary-treasurer. The commission shall meet at least monthly to direct all policies and oversee personnel and budget matters. It may employ a director who shall perform duties as the commission may direct. Other personnel as may be required may be employed by the director with the approval of the commission. The compensation paid to the director and other personnel must be fixed by the commission.

Section 3. The commission shall:

(1) adopt, use, and alter a corporate seal;

(2) adopt bylaws for the management and regulation of its affairs;

(3) acquire by gift or purchase lands or interest thereon;

(4) receive funds derived from alcoholic beverage taxes and other funds for each county to be placed in one general account;

(5) expend all monies which it receives and which may be set apart to it for its functions;

(6) prescribe rules and regulations governing the use of its facilities;

(7) fix rates and charges for the use of any of its facilities;

(8) make contracts and execute instruments that are necessary or convenient for the discharge of the functions of it;

(9) make contracts for construction and other services;

(10) enter into agreements for federal and state grants;

(11) accept gifts, bequests, devises, contributions, and grants, public or private, or funds from any other sources for use in furthering the purpose of the commission;

(12) own property and sell, convey, lease, or dispose of property, real or personal, that it may possess;

(13) borrow money for capital improvements with the authority to pledge or mortgage the assets of the commission as security for loans; however, Bamberg, Calhoun, and Orangeburg counties shall have no obligation with respect to any loans unless specifically assumed by the county.

Section 6. The commission shall conduct its affairs on the fiscal year basis used by the member counties and shall provide for fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting of funds received. As soon after the close of the fiscal year as practical an audit of commission operations must be made. Copies of the audit, incorporated into an annual report of the commission, must be filed with the legislative delegations, the clerks of court, and the county councils for Calhoun, Bamberg, and Orangeburg counties.

Section 7. The members of the Tricounty Commission on Alcohol and Drug Abuse serving on this act's effective date shall continue to serve until the expiration of their terms and no new appointments may be made until the members remaining on the board reflect the composition provided for in Section 1 as amended by this act and the term of a remaining member expires."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1995.