1 Indicates Matter Stricken
2 Indicates New Matter
3
4 AMENDED
5 March 26, 2009
6
7 H. 3314
8
9 Introduced by Rep. Harrison
10
11 S. Printed 3/26/09--H. [SEC 3/27/09 11:54 AM]
12 Read the first time January 27, 2009.
13
14
[3314-1]
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9 A BILL
10
11 TO AMEND SECTIONS 1-30-35, 44-20-30, 44-20-210,
12 44-20-220, 44-20-225, 44-20-240, 44-20-320, 44-20-350,
13 44-20-360, 44-20-430, 44-20-1120, 44-20-1130, 44-20-1140,
14 44-20-1150, 44-20-1160, 44-20-1170, CODE OF LAWS OF
15 SOUTH CAROLINA, 1976, ALL RELATING TO THE
16 DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO
17 AS TO PROVIDE THAT THE DEPARTMENT IS HEADED
18 AND GOVERNED BY A DIRECTOR APPOINTED BY THE
19 GOVERNOR WITH THE ADVICE AND CONSENT OF THE
20 SENATE, AND THAT THE SOUTH CAROLINA
21 COMMISSION ON DISABILITIES AND SPECIAL NEEDS
22 SERVES AS AN ADVISORY BOARD TO THE DIRECTOR;
23 AND TO REPEAL SECTION 44-20-230 RELATING TO
24 POWERS AND DUTIES OF THE DIRECTOR.
25 Amend Title To Conform
26
27 Be it enacted by the General Assembly of the State of South
28 Carolina:
29
30 SECTION 1. Section 1-30-35 of the 1976 Code is amended to
31 read:
32
33 “Section 1-30-35. Effective on July 1, 1993, the following
34 agencies, boards, and commissions, including all of the allied,
35 advisory, affiliated, or related entities as well as the employees,
36 funds, property, and all contractual rights and obligations
37 associated with any such agency, except for those subdivisions
38 specifically included under another department, are hereby
39 transferred to and incorporated in and shall must be administered
40 as part of the Department of Disabilities and Special Needs to be
41 initially divided into divisions for Mental Retardation, Head and
42 Spinal Cord Injury, and Autism; provided, however, that the board
[3314] 1
1 of the former Department of Mental Retardation as constituted on
2 June 30, 1993, and thereafter, under the provisions of Section
3 44-19-10, et seq., shall be the governing authority for the
4 department. Beginning July 1, 2009, the department must be
5 headed and governed by a director appointed by the Governor in
6 the manner provided by Section 1-30-10(b), and the South
7 Carolina Commission on Disabilities and Special Needs shall
8 become an advisory board to the department on this date in the
9 manner provided by law.
10 (A) Department of Mental Health Autism programs, formerly
11 provided for at Section 44-9-10, et seq.;
12 (B) Head and Spinal Cord Injury Information System, formerly
13 provided for at Section 44-38-10, et seq.;
14 (C) Department of Mental Retardation, formerly provided for at
15 Section 44-19-10, et seq.”
16
17 SECTION 2. Section 44-20-30 of the 1976 Code is amended to
18 read:
19
20 “Section 44-20-30. As used in this chapter:
21 (1) ‘Applicant’ means a person who is believed to have
22 mental retardation, one or more related disabilities, one or more
23 head injuries, one or more spinal cord injuries, or an infant at high
24 risk of a developmental disability who has applied for services of
25 the South Carolina Department of Disabilities and Special Needs.
26 (2)’Client’ is a person who is determined by the Department
27 of Disabilities and Special Needs to have mental retardation, a
28 related disability, head injury, or spinal cord injury and is receiving
29 services or is an infant at risk of having a developmental disability
30 and is receiving services.
31 (3) ‘Commission’ means the South Carolina Commission on
32 Disabilities and Special Needs, the policy-making and governing
33 body an advisory board of the Department of Disabilities and
34 Special Needs.
35 (4) ‘County disabilities and special needs boards’ means the
36 local public body administering, planning, coordinating, or
37 providing services within a county or combination of counties for
38 persons with mental retardation, related disabilities, head injuries,
39 or spinal cord injuries and recognized by the department.
40 (5) ‘Day programs’ are programs provided to persons with
41 mental retardation, related disabilities, head injuries, or spinal cord
42 injuries outside of their residences affording development, training,
[3314] 2
1 employment, or recreational opportunities as prescribed by the
2 Department of Disabilities and Special Needs.
3 (6) ‘Department’ means the South Carolina Department of
4 Disabilities and Special Needs.
5 (7) ‘Director’ means the South Carolina Director of the
6 Department of Disabilities and Special Needs, the chief executive
7 director appointed by the commission administrative head of the
8 department, appointed by the Governor with the advice and
9 consent of the Senate. The director serves at the pleasure of the
10 Governor and may be removed by the Governor pursuant to
11 Section 1-3-240(b).
12 (8) ‘High risk infant’ means a child less than thirty-six
13 months of age whose genetic, medical, or environmental history is
14 predictive of a substantially greater risk for a developmental
15 disability than that for of the general population.
16 (9) ‘Least restrictive environment’ means the surrounding
17 circumstances that provide as little intrusion and disruption from
18 the normal pattern of living as possible.
19 (10) ‘Improvements’ means the construction, and
20 reconstruction of buildings, and other permanent improvements for
21 regional centers and other programs provided by the department
22 directly or through contract with county boards of disabilities and
23 special needs, including equipment and the cost of acquiring and
24 improving lands for equipment.
25 (11) ‘Mental retardation’ means significantly subaverage
26 general intellectual functioning existing concurrently with deficits
27 in adaptive behavior and manifested during the developmental
28 period.
29 (12) ‘Disabilities and special needs services’ are means
30 activities designed to achieve the results specified in an individual
31 client”s client’s plan.
32 (13) ‘Obligations’ means the obligations in the form of notes
33 or bonds or contractual agreements issued or entered into by the
34 commission director pursuant to the authorization of this chapter
35 and of Act 1377 of 1968 to provide funds with which to repay the
36 proceeds of capital improvement bonds allocated by the State
37 Budget and Control Board.
38 (14) ‘Regional residential center’ is means a twenty-four hour
39 residential facility serving a multi-county area and designated by
40 the department.
41 (15) ‘Related disability’ is means a severe, chronic condition
42 found to be closely related to mental retardation or to require a
43 condition that requires treatment similar to that required for
[3314] 3
1 persons with mental retardation and must meet the following
2 conditions:
3 (a) It it is attributable to cerebral palsy, epilepsy, autism,
4 or any other condition other than mental illness found to be closely
5 related to mental retardation because this the condition results in
6 impairment of general intellectual functioning or adaptive behavior
7 similar to that of persons with mental retardation and requires
8 treatment or services similar to those required for these persons.;
9 (b) It it is manifested before twenty-two years of age.;
10 (c) It it is likely to continue indefinitely.; and
11 (d) It it results in substantial functional limitations in three
12 or more of the following areas of major life activity: self-care,
13 understanding and use of language, learning, mobility,
14 self-direction, and capacity for independent living.
15 (16) ‘Residential programs’ are means services providing
16 dwelling places to clients for an extended period of time with
17 assistance for activities of daily living ranging from constant to
18 intermittent supervision as required by the individual client’s
19 needs.
20 (17) ‘Revenues’ or ‘its revenues’ means revenue derived from
21 paying clients at regional residential centers and community
22 residences but does not include Medicaid, Medicare, or other
23 federal funds received with the stipulation that they be used to
24 provide services to clients.
25 (18) ‘State capital improvement bonds’ means bonds issued
26 pursuant to Act 1377 of 1968.
27 (19) ‘State board’ shall mean means the State Budget and
28 Control Board as constituted pursuant to Chapter 11, Title 1.”
29
30 SECTION 3. Section 44-20-210 of the 1976 Code is amended to
31 read:
32
33 “Section 44-20-210. (A) There is created the South Carolina
34 Commission on Disabilities and Special Needs. The commission
35 serves as an advisory board to the department and consists of seven
36 members. One member must be a resident of each congressional
37 district and one must be from the state at large to be appointed by
38 the Governor upon the advice and consent of the Senate. They
39 Members shall serve for four years and until their successors are
40 appointed and qualify qualified. Members of the commission are
41 subject to removal by the Governor pursuant to the provisions of
42 Section 1-3-240. A vacancy may be filled by the Governor for the
43 unexpired portion of the term.
[3314] 4
1 (B) On July 1, 1993, the Commission on Mental Retardation
2 becomes the Commission on Disabilities and Special Needs. The
3 commissioners continue to serve until their terms expire and their
4 successors are appointed and qualify qualified.”
5
6 SECTION 4. Section 44-20-220 of the 1976 Code is amended to
7 read:
8
9 “Section 44-20-220. The commission director shall determine
10 the policy and promulgate regulations governing the operation of
11 the department and the employment of professional staff and
12 personnel. The members of the commission shall receive
13 subsistence, mileage, and per diem as may be provided by law for
14 members of state boards, committees, and commissions. The
15 commission shall appoint and in its discretion remove a South
16 Carolina Director of Disabilities and Special Needs who is the
17 chief executive officer of the department. The commission
18 director may appoint additional advisory committees it considers
19 necessary to assist in the effective conduct of its responsibilities.
20 The director may appoint and remove other officers and employees
21 of the department in his discretion. The commission director may
22 educate the public and state and local officials as to the need for
23 the funding, development, and coordination of services for persons
24 with mental retardation, related disabilities, head injuries, and
25 spinal cord injuries and promote the best interest of persons with
26 mental retardation, related disabilities, head injuries, and spinal
27 cord injuries. The commission director is authorized to
28 promulgate regulations to carry out the provisions of this chapter
29 and other laws related to mental retardation, related disabilities,
30 head injuries, or spinal cord injuries. In promulgating these
31 regulations, the commission director must consult with the
32 advisory committee of the division for which the regulations shall
33 apply.”
34
35 SECTION 5. Section 44-20-225 of the 1976 Code is amended to
36 read:
37
38 “Section 44-20-225. The Governor shall appoint a
39 seven-member consumer advisory board with the advice and
40 consent of the Senate for each of the following divisions: the
41 Mental Retardation Division, the Autism Division, and the Head
42 and Spinal Cord Injury Division. One member must be a resident
[3314] 5
1 of each congressional district, and one must be from the State at
2 large.
3 The membership of each advisory board must consist of persons
4 with knowledge and expertise in the subject area of that division.
5 In making such appointments, race, gender, and other demographic
6 factors should be considered to ensure nondiscrimination,
7 inclusion, and representation to the greatest extent possible of all
8 segments of the population of the State; however, consideration of
9 these factors in making an appointment in no way creates a cause
10 of action or basis for an employee grievance for a person appointed
11 or for a person who fails to be appointed.
12 The members of the commission advisory board shall receive
13 subsistence, mileage, and per diem as may be provided by law for
14 members of state boards, committees, and commissions.
15 Terms of the members shall must be for four years and until
16 their successors are appointed and qualify qualified, except that of
17 the original appointees, two shall must be appointed for a period of
18 two years, two shall must be appointed for a period of three years,
19 and three shall must be appointed for a period of four years.”
20
21 SECTION 6. Section 44-20-240 of the 1976 Code is amended to
22 read:
23
24 “Section 44-20-240. There is created the South Carolina
25 Department of Disabilities and Special Needs which has authority
26 over all of the state’s services and programs for the treatment and
27 training of persons with mental retardation, related disabilities,
28 head injuries, and spinal cord injuries. This authority does not
29 include services delivered by other agencies of the State as
30 prescribed by statute. The department must be comprised of a
31 Mental Retardation Division, an Autism Division, and a Head and
32 Spinal Cord Injuries Division. The department may be divided
33 into additional divisions and named as may be determined by the
34 director and approved and named by the commission.
35 Responsibility for all autistic services is transferred from the
36 Department of Mental Health to the Department of Disabilities and
37 Special Needs.”
38
39 SECTION 7. Section 44-20-320 of the 1976 Code is amended to
40 read:
41
42 “Section 44-20-320. The department or any of its programs
43 may accept gifts, bequests, devises, grants, and donations of
[3314] 6
1 money, real property, and personal property for use in expanding
2 and improving services to persons with mental retardation, related
3 disabilities, head injuries, and spinal cord injuries available to the
4 people of this State. However, nothing may be accepted by the
5 department with the understanding that it diminishes an obligation
6 for paying care and maintenance charges or other monies funds
7 due the department for services rendered. The commission
8 director may formulate policies and promulgate regulations
9 governing the disposition of gifts, bequests, devises, grants, and
10 donations. If they are given to a specific service program of the
11 department they must remain and be used for that program only or
12 to its successor program.”
13
14 SECTION 8. Section 44-20-350 of the 1976 Code is amended to
15 read:
16
17 “Section 44-20-350. (A) Reasonable reimbursement to the
18 State for its fiscal outlay on behalf of services rendered by the
19 department or any other agency authorized by the department to
20 offer services to clients is a just obligation of the person with
21 mental retardation, a related disability, head injury, or spinal cord
22 injury, his estate, or his parent or guardian under the conditions
23 and terms provided in this section.
24 (B) The department or an agency authorized by the department
25 to offer services to clients may charge for its services. However,
26 no service may be denied a client or his parent or guardian because
27 of inability to pay part or all of the department’s or other agency’s
28 expenses in providing that service. Where federal reimbursement
29 is authorized for services provided, the department initially shall
30 seek federal reimbursement. No charge or combination of charges
31 may exceed the actual cost of services rendered. The commission
32 director shall approve the procedures established to determine
33 ability to pay and may authorize its designees to reduce or waive
34 charges based upon its findings.
35 (C) Parents, guardians, or other responsible relatives must not
36 be charged for regional center or community residential services
37 provided by the department for their child or ward. However, a
38 person receiving nonresidential services or his parent or guardian
39 may be assessed a charge for services received, not to exceed cost.
40 The department with the approval of the commission may
41 determine for which services it charges.
42 (D) The department shall establish a hearing and review
43 procedure so that a client or his parent or guardian may appeal
[3314] 7
1 charges made for services or may present to officials of the
2 department information or evidence to be considered in
3 establishing charges. The department may utilize legal procedures
4 to collect lawful claims.
5 (E) The department may establish by regulation charges for
6 other services it renders.”
7
8 SECTION 9. Section 44-20-360 of the 1976 Code is amended to
9 read:
10
11 “Section 44-20-360. (A) The physical boundaries of Midlands
12 Center, Coastal Center, Pee Dee Center, and Whitten Center are
13 designated as independent school districts. These facilities may
14 elect to participate in the usual activities of the districts, to receive
15 state and federal aid, and to utilize other benefits enjoyed by
16 independent school districts in general.
17 (B) The commission director operates as the board of trustees
18 trustee for these districts for administrative purposes, including the
19 receipt and expenditure of funds granted to these districts for any
20 purpose.”
21
22 SECTION 10. Section 44-20-430 of the 1976 Code is amended
23 to read:
24
25 “Section 44-20-430. The director or his designee has the final
26 authority over applicant eligibility, determination, or services and
27 admission order, subject to policies adopted by the commission.”
28
29 SECTION 11. Section 44-20-1120 of the 1976 Code is amended
30 to read:
31
32 “Section 44-20-1120. The commission director may raise
33 monies funds for the construction of improvements under the terms
34 and conditions of this article.”
35
36 SECTION 12. Section 44-20-1130 of the 1976 Code is amended
37 to read:
38
39 “Section 44-20-1130. The aggregate of the outstanding principal
40 amounts of state capital improvement bonds issued for the
41 commission director may not exceed twenty million dollars.”
42
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1 SECTION 13. Section 44-20-1140 of the 1976 Code is amended
2 to read:
3
4 “Section 44-20-1140. If the commission director determines that
5 improvements are required for a residential regional center or
6 community facility, it he may make application for them to the
7 State Budget and Control Board. The application must contain:
8 (1) a description of the improvements sought and their
9 estimated cost;
10 (2) the number of paying clients receiving services from the
11 department, the amount of fees received from the clients during the
12 preceding fiscal year, and the estimated amount to be received
13 from them during the next succeeding fiscal year;
14 (3) the revenues derived from the paying clients during the
15 preceding three fiscal years;
16 (4) a suggested maturity schedule, which may not exceed
17 twenty years, for the repayment of monies funds to be made
18 available to the commission director for state capital improvement
19 bonds; and
20 (5) a statement showing the debt service requirements of
21 other outstanding obligations.”
22
23 SECTION 14. Section 44-20-1150 of the 1976 Code is amended
24 to read:
25
26 “Section 44-20-1150. The State Budget and Control Board may
27 approve, in whole or in part, or may modify an application
28 received from the commission director. If it finds that a need for
29 the improvements sought by the commission director exists, it may
30 contract to make available to the commission director funds to be
31 realized from the sale of state capital improvements bonds if it
32 finds that the revenues for the preceding fiscal year, if multiplied
33 by the number of years, which may not exceed twenty,
34 contemplated by the suggested or revised maturity schedule for the
35 repayment of the monies funds to be made available to the
36 commission director, result in the production of a sum equal to not
37 less than one hundred twenty-five percent of the aggregate
38 principal and interest requirement of all outstanding obligations
39 and all obligations to be incurred by the commission director.”
40
41 SECTION 15. Section 44-20-1160 of the 1976 Code is amended
42 to read:
43
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1 “Section 44-20-1160. Upon receiving the approval of the State
2 Budget and Control Board the commission director shall obligate
3 itself himself to apply all monies funds derived from its the
4 revenues to the payment of the principal and interest of its the
5 outstanding obligations and those to be issued and to deliver to the
6 board State Budget and Control Board its the obligations.”
7
8 SECTION 16. Section 44-20-1170 of the 1976 Code is amended
9 to read:
10
11 “Section 44-20-1170. (A) Following the execution and delivery
12 of its obligations, the commission director shall remit to the State
13 Treasurer all its revenues, including accumulated revenues not
14 applicable to prior obligations, for credit to a special fund. The
15 special fund must be applied to meet the sums due by the
16 commission director under its obligations. These monies funds
17 from the special fund must be applied by the State Treasurer to the
18 payment of the principal of and interest on outstanding state capital
19 improvement bonds.
20 (B) If the accumulation of revenues of the commission director
21 in the special fund exceeds the payment due or to become due
22 during the then current fiscal year and an additional sum equal to
23 the maximum annual debt service requirement of the obligations
24 for a succeeding fiscal year, the State Budget and Control Board
25 may permit the commission director to withdraw the excess and
26 apply it to improvements that have received the approval of the
27 board State Budget and Control Board or to transfer the excess out
28 of the special fund for contract awards to local disabilities and
29 special needs boards for needed improvements at the local level
30 and for nonrecurring prevention, assistive technology, and quality
31 initiatives at the regional centers and local boards.”
32
33 SECTION 17. Section 44-20-230 of the 1976 Code is repealed.
34
35 SECTION 18. A.Title 2 of the 1976 Code is amended by adding:
36
37 “CHAPTER 2
38
39 Legislative Oversight of Executive Departments
40
41 Section 2-2-5. The General Assembly finds and declares the
42 following to be the public policy of the State of South Carolina:
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1 (1) Section 1 of Article XII of the constitution of this State
2 requires the General Assembly to provide for appropriate agencies
3 to function in the areas of health, welfare, and safety and to
4 determine the activities, powers, and duties of these agencies and
5 departments.
6 (2) This constitutional duty is a continuing and ongoing
7 obligation of the General Assembly that is best addressed by
8 periodic review of the programs of the agencies and departments
9 and their responsiveness to the needs of the state’s citizens by the
10 standing committees of the State Senate or House of
11 Representatives.
12
13 Section 2-2-10. As used in this chapter:
14 (1) ‘Agency’ means an authority, board, branch, commission,
15 committee, department, division, or other instrumentality of the
16 executive or judicial departments of state government, including
17 administrative bodies. ‘Agency’ includes a body corporate and
18 politic established as an instrumentality of the State. ‘Agency’
19 does not include:
20 (a) the legislative department of state government; or
21 (b) a political subdivision.
22 (2) ‘Investigating committee’ means any standing committee
23 or subcommittee of a standing committee exercising its authority
24 to conduct an oversight study and investigation of an agency
25 within the standing committee’s subject matter jurisdiction.
26 (3) ‘Program evaluation report’ means a report compiled by an
27 agency at the request of an investigating committee that may
28 include, but is not limited to, a review of agency management and
29 organization, program delivery, agency goals and objectives,
30 compliance with its statutory mandate, and fiscal accountability.
31 (4) ‘Request for information’ means a list of questions that an
32 investigating committee serves on a department or agency under
33 investigation. The questions may relate to any matters concerning
34 the department or agency’s actions that are the subject of the
35 investigation.
36 (5) ‘Standing committee’ means a permanent committee with a
37 regular meeting schedule and designated subject matter jurisdiction
38 that is authorized by the Rules of the Senate or the Rules of the
39 House of Representatives.
40
41 Section 2-2-20. (A) Beginning January 1, 2011, each standing
42 committee shall conduct oversight studies and investigations on all
43 agencies within the standing committee’s subject matter
[3314] 11
1 jurisdiction at least once every five years in accordance with a
2 schedule adopted as provided in this chapter.
3 (B) The purpose of these oversight studies and investigations is
4 to determine if agency laws and programs within the subject matter
5 jurisdiction of a standing committee:
6 (1) are being implemented and carried out in accordance
7 with the intent of the General Assembly; and
8 (2) should be continued, curtailed, or eliminated.
9 (C) The oversight studies and investigations must consider:
10 (1) the application, administration, execution, and
11 effectiveness of laws and programs addressing subjects within the
12 standing committee’s subject matter jurisdiction;
13 (2) the organization and operation of state agencies and
14 entities having responsibilities for the administration and execution
15 of laws and programs addressing subjects within the standing
16 committee’s subject matter jurisdiction; and
17 (3) any conditions or circumstances that may indicate the
18 necessity or desirability of enacting new or additional legislation
19 addressing subjects within the standing committee’s subject matter
20 jurisdiction.
21
22 Section 2-2-30. (A) The procedure for conducting the
23 oversight studies and investigations is provided in this section.
24 (B)(1) The President Pro Tempore of the Senate, upon
25 consulting with the chairmen of the standing committees in the
26 Senate and the Clerk of the Senate, shall determine the agencies
27 for which each standing committee shall conduct oversight studies
28 and investigations. A proposed five-year review schedule must be
29 published in the Senate Journal on the first day of session each
30 year.
31 (2) In order to accomplish the requirements of this chapter,
32 the chairman of each standing committee shall schedule oversight
33 studies and investigations for the agencies for which his standing
34 committee is the investigating committee and may:
35 (a) coordinate schedules for conducting oversight studies
36 and investigations with the chairmen of other standing committees;
37 and
38 (b) appoint joint investigating committees to conduct the
39 oversight studies and investigations including, but not limited to,
40 joint committees of the Senate and House of Representatives or
41 joint standing committees of concurrent subject matter jurisdiction
42 within the Senate or within the House of Representatives.
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1 (3) Chairmen of standing committees having concurrent
2 subject matter jurisdiction over an agency or the programs and law
3 governing an agency by virtue of the Rules of the Senate or Rules
4 of the House of Representatives, may request that a joint
5 investigating committee be appointed to conduct the oversight
6 study and investigation for an agency.
7 (C)(1) The Speaker of the House of Representatives, upon
8 consulting with the chairmen of the standing committees in the
9 House of Representatives and the Clerk of the House of
10 Representatives, shall determine the agencies for which each
11 standing committee shall conduct oversight studies and
12 investigations. A proposed five-year review schedule must be
13 published in the House Journal on the first day of session each
14 year.
15 (2) In order to accomplish the requirements of this chapter,
16 the chairman of each standing committee shall schedule oversight
17 studies and investigations for the agencies for which his standing
18 committee is the investigating committee and may:
19 (a) coordinate schedules for conducting oversight studies
20 and investigations with the chairmen of other standing committees;
21 and
22 (b) appoint joint investigating committees to conduct the
23 oversight studies and investigations including, but not limited to,
24 joint committees of the Senate and House of Representatives or
25 joint standing committees of concurrent subject matter jurisdiction
26 within the Senate or within the House of Representatives.
27 (3) Chairmen of standing committees having concurrent
28 subject matter jurisdiction over an agency or the programs and law
29 governing an agency by virtue of the Rules of the Senate or Rules
30 of the House of Representatives, may request that a joint
31 investigating committee be appointed to conduct the oversight
32 study and investigation for the agency.
33 (D) The chairman of an investigating committee may vest the
34 standing committee’s full investigative power and authority in a
35 subcommittee. A subcommittee conducting an oversight study and
36 investigation of an agency:
37 (1) shall make a full report of its findings and
38 recommendations to the standing committee at the conclusion of
39 its oversight study and investigation, and
40 (2) shall not consist of fewer than three members.
41
42 Section 2-2-40. (A) In addition to the scheduled five-year
43 oversight studies and investigations, a standing committee of the
[3314] 13
1 Senate or the House of Representatives may by one-third vote of
2 the standing committee’s membership initiate an oversight study
3 and investigation of an agency within its subject matter
4 jurisdiction. The motion calling for the oversight study and
5 investigation must state the subject matter and scope of the
6 oversight study and investigation. The oversight study and
7 investigation must not exceed the scope stated in the motion or the
8 scope of the information uncovered by the investigation.
9 (B) Nothing in the provisions of this chapter prohibits or
10 restricts the President Pro Tempore of the Senate, the Speaker of
11 the House of Representatives, or chairmen of standing committees
12 from fulfilling their constitutional obligations by authorizing and
13 conducting legislative investigations into agencies’ functions,
14 duties, and activities.
15
16 Section 2-2-50. When an investigating committee conducts an
17 oversight study and investigation or a legislative investigation is
18 conducted pursuant to Section 2-2-40(B), evidence or information
19 related to the investigation may be acquired by any lawful means,
20 including, but not limited to:
21 (A) serving a request for information on the agency being
22 studied or investigated. The request for information must be
23 answered separately and fully in writing under oath and returned to
24 the investigating committee within forty-five days after being
25 served upon the department or agency. The time for answering a
26 request for information may be extended for a period to be agreed
27 upon by the investigating committee and the agency for good
28 cause shown. The head of the department or agency shall sign the
29 answers verifying them as true and correct. If any question
30 contains a request for records, policies, audio or video recordings,
31 or other documents, the question is not considered to have been
32 answered unless a complete set of records, policies, audio or video
33 recordings or other documents is included with the answer;
34 (B) deposing witnesses upon oral examination. A deposition
35 upon oral examination may be taken from any person that the
36 investigating committee has reason to believe has knowledge of
37 the activities under investigation. The investigating committee
38 shall provide the person being deposed and the agency under
39 investigation with no less than ten days notice of the deposition.
40 The notice to the agency shall state the time and place for taking
41 the deposition and name and address of each person to be
42 examined. If a subpoena duces tecum is to be served on the person
43 to be examined, the designation of the materials to be produced as
[3314] 14
1 set forth in the subpoena must be attached to or included in the
2 notice. The deposition must be taken under oath administered by
3 the chairman of the investigating committee or his designee. The
4 testimony must be taken stenographically or recorded by some
5 other means and may be videotaped. A person may be compelled
6 to attend a deposition in the county in which he resides or in
7 Richland County;
8 (C) issuing subpoenas and subpoenas duces tecum pursuant to
9 Chapter 69 of this title; and
10 (D) requiring the agency to prepare and submit to the
11 investigating committee a program evaluation report by a date
12 specified by the investigating committee. The investigating
13 committee shall specify the agency program or programs or agency
14 operations that it is studying or investigating and the information
15 to be contained in the program evaluation report.
16
17 Section 2-2-60. (A) An investigating committee’s request for a
18 program evaluation report must contain:
19 (1) the agency program or operations that it intends to
20 investigate;
21 (2) the information that must be included in the report; and
22 (3) the date that the report must be submitted to the
23 committee.
24 (B) An investigating committee may request that the program
25 evaluation report contain any of the following information:
26 (1) enabling or authorizing law or other relevant mandate,
27 including any federal mandates;
28 (2) a description of each program administered by the
29 agency identified by the investigating committee in the request for
30 a program evaluation report, including the following information:
31 (a) established priorities, including goals and objectives in
32 meeting each priority;
33 (b) performance criteria, timetables, or other benchmarks
34 used by the agency to measure its progress in achieving its goals
35 and objectives;
36 (c) an assessment by the agency indicating the extent to
37 which it has met the goals and objectives, using the performance
38 criteria. When an agency has not met its goals and objectives, the
39 agency shall identify the reasons for not meeting them and the
40 corrective measures the agency has taken to meet them in the
41 future;
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1 (3) organizational structure, including a position count, job
2 classification, and organization flow chart indicating lines of
3 responsibility;
4 (4) financial summary, including sources of funding by
5 program and the amounts allocated or appropriated and expended
6 over the last ten years;
7 (5) identification of areas where the agency has coordinated
8 efforts with other state and federal agencies in achieving program
9 objectives and other areas in which an agency could establish
10 cooperative arrangements including, but not limited to, cooperative
11 arrangements to coordinate services and eliminate redundant
12 requirements;
13 (6) identification of the constituencies served by the agency
14 or program, noting any changes or projected changes in the
15 constituencies;
16 (7) a summary of efforts by the agency or program regarding
17 the use of alternative delivery systems, including privatization, in
18 meeting its goals and objectives;
19 (8) identification of emerging issues for the agency;
20 (9) a comparison of any related federal laws and regulations
21 to the state laws governing the agency or program and the rules
22 implemented by the agency or program;
23 (10) agency policies for collecting, managing, and using
24 personal information over the Internet and nonelectronically,
25 information on the agency’s implementation of information
26 technologies;
27 (11) a list of reports, applications, and other similar
28 paperwork required to be filed with the agency by the public. The
29 list must include:
30 (a) the statutory authority for each filing requirement;
31 (b) the date each filing requirement was adopted or last
32 amended by the agency;
33 (c) the frequency that filing is required;
34 (d) the number of filings received annually for the last
35 five years and the number of anticipated filings for the next five
36 years;
37 (e) a description of the actions taken or contemplated by
38 the agency to reduce filing requirements and paperwork
39 duplication;
40 (12) any other relevant information specifically requested by
41 the investigating committee.
42 (C) All information contained in a program evaluation report
43 must be presented in a concise and complete manner.
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1 (D) The chairman of the investigating committee may direct the
2 Legislative Audit Council to perform a study of the program
3 evaluation report and report its findings to the investigating
4 committee. The chairman also may direct the Legislative Audit
5 Council to perform its own audit of the program or operations
6 being studied or investigated by the investigating committee.
7 (E) A state agency that is vested with revenue bonding
8 authority may submit annual reports and annual external audit
9 reports conducted by a third party in lieu of a program evaluation
10 report.
11
12 Section 2-2-70. All testimony given to the investigating
13 committee must be under oath.
14
15 Section 2-2-80. Any witness testifying before or deposed by
16 the investigating committee may have counsel present to advise
17 him. The witness or his counsel may, during the time of testimony
18 or deposition, object to any question detrimental to the witness’
19 interests and is entitled to have a ruling by the chairman on any
20 objection. In making his ruling, the chairman of the investigating
21 committee shall follow as closely as possible the procedures and
22 rules of evidence observed by the circuit courts of this State.
23
24 Section 2-2-90. A witness shall be given the benefit of any
25 privilege which he may have claimed in court as a party to a civil
26 action.
27
28 Section 2-2-100. A person who appears before a committee or
29 subcommittee of either house, pursuant to this chapter, and
30 wilfully gives false, misleading, or incomplete testimony under
31 oath is guilty of a felony punishable by a fine within the discretion
32 of the court or for a term of imprisonment of not more than five
33 years, or both.
34
35 Section 2-2-110. If a person violates Section 2-2-100, it is the
36 duty of the chair of the committee or subcommittee before which
37 the false, misleading, or incomplete testimony was given, to notify
38 the Attorney General of South Carolina who shall cause charges to
39 be filed in the appropriate county.”
40
41 B. This SECTION takes effect July 1, 2009.
42
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1 SECTION 19. This act takes effect upon approval by the
2 Governor.
3 ----XX----
4
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