Current status of s. 22, creating the Department of Administration

SHORT SUMMARY OF S. 22
S. 22 would:

(1) abolish the Budget and Control Board effective July 1, 2015 and redistribute its divisions among a Department of Administration, a State Fiscal Accountability Authority, the Office of Regulatory Staff, and DHEC;
(2) create a Department of Administration that would include:
(a) the Division of General Services (with memorandum of agreement).
(b) the State Office of Human Resources;
(c) the Executive Budget and Planning Office as established in Article 2, Title 1;
(d) the Guardian Ad Litem Program as established in Article 5, Chapter 11, Title 63;
(e) the Procurement Oversight Board as established in Article 1, Chapter 35, Title 1;
(f) the Office of Economic Opportunity, the office designated by the Governor to be the state administering agency that is responsible for the receipt and distribution of the federal funds as allocated to South Carolina for the implementation of Title VI, Public Law 97-35;
(g) the Developmental Disabilities Council as established by Executive Order in 1971 and reauthorized in 2010;
(h) the Continuum of Care for Emotionally Disturbed Children as established in Article 13, Chapter 11, Title 63;
(i) the Division for Review of the Foster Care of Children as established by Article 7, Chapter 11, Title 63;
(j) the Children’s Case Resolution System as established by Article 11, Chapter 11, Title 63;
(k) the Client Assistance Program;
(l) the Division of Veterans’ Affairs as established by Chapter 11, Title 25;
(m) the Commission on Women as established by Chapter 15, Title 1;
(n) the Office of Victim Assistance, including the South Carolina Crime Victims Advisory Board and the Victims Compensation Fund, both as established by Article 13, Chapter 3, Title 16;
(o) the Crime Victims’ Ombudsman as established by Article 16, Chapter 3, Title 16;
(p) the Governor’s Office of Ombudsman;
(q) the Division of Small and Minority Business Contracting and Certification, as established pursuant to Article 21, Chapter 35, Title 11, formerly known as the Small and Minority Business Assistance Office;
(r) the Division of State Information Technology, including the Data Center, Telecommunications and Information Technology Services, the South Carolina Enterprise Information System, and the Information Technology Management Office; and
(s) the Nuclear Advisory Council as established in Article 9, Chapter 7, Title 13;
(3) create a State Fiscal Accountability Authority to be governed by: The State Fiscal Accountability Authority would consist of:
(a) the Governor, who shall serve as ex officio as chairman;
(b) the State Treasurer, who shall serve ex officio;
(c) the Comptroller General, who shall serve ex officio;
(d) one member of the House of Representatives, ex officio; and
(e) one member of the Senate, ex officio; and
(4) provide that the State Fiscal Accountability Authority would exercise all functions, powers, duties, responsibilities, and authority related to the issuance of bonds and bonding authority, except for the functions, powers, duties, responsibilities, and authority vested in the Joint Bond Review Committee and to have authority over the following entities:
(a) the South Carolina Infrastructure Facilities Authority;
(b) the Local Government Division in support of the local government loan program;
(c) the South Carolina Water Quality Revolving Fund Authority;
(d) the Division of Regional Development;
(e) Joint Bond Review Committee;
(f) SC Resources Authority;
(g) the Board of Economic Advisors;
(h) the Office of Research and Statistics; and
(i) Insurance Reserve Fund.
(5) establish the Procurement Oversight Board to be administratively a part of the Department of Administration and to consist of 3 members appointed to 4-year terms upon the advice and consent of the Senate as follows:
(a) one member shall be appointed by the Governor,
(b) one member by the Comptroller General, and
(c) one member by the State Treasurer;
(6) set up an Executive Budget and Strategic Planning Office;
(7) create a South Carolina Confederate Relic Room and Military Museum Commission;
(8) provide for a system for Legislative Oversight of Executive Departments;
(9) contain the State Agency Deficit Prevention and Recognition Act;
(10) set up a Legislative Fiscal Office;
(11) transfer the State Energy Office to the Office of Regulatory Staff;
(12) transfer the regulation of minerals and mineral interests on public land, and the regulation of Geothermal Resources to the Department of Health and Environmental Control;
(13) create a Joint Strategic Technology Committee;
(14) provide for additional members to serve as members of the Charleston Naval Complex Redevelopment Authority, which will also constitute the Charleston Navy Base Museum Authority as a division of the Charleston Naval Redevelopment Authority. The Naval Base Museum Authority would become operative upon the signing of a Memorandum of Understanding between the RDA and the Hunley Commission, and the Naval Base Museum Authority shall possess and may exercise all powers and authority granted to the Hunley Commission by specific statutory reference in Sections 54-7-100 and 54-7-110;
(15) provide for the Legislative Audit Council to conduct a performance audit during the year 2020; and
(16) make conforming changes in the law or provide for the Code Commissioner to make changes.

SHORT SUMMARY OF COMMITTEE AMENDMENT TO S. 22
The Senate Judiciary Committee amendment to S. 22 would:

(1) provide that the Procurement Services Division of the Budget and Control Board would transfer to the Department of Administration and would eliminate the Procurement Oversight Board;

(2) upon recommendation of the Governor’s office, provide that 3 mandatory progress reports be made to the General Assembly by the Department of Administration concerning the: (a) organizational placement of the Office of Executive Policy and Programs, (b) proposed procedures regarding procurement, and (c) state’s current spending on goods and services;

(3) clarify that funding for the State Fiscal Accountability Authority would be provided through the annual general appropriations act;

(4) replace the provisions creating the Executive Budget Office with language previously in H. 3066 allowing the Governor greater flexibility in organizing the Executive Budget and Strategic Planning Office and provide that strategic planning would be part of the duties of that office;

(5) delete certain provisions of S. 22 so as to preserve existing law concerning the budget process;

(6) provide that the Director of the Department of Administration would serve at the pleasure of the Governor;

(7) delete language concerning taking depositions from the Legislative Oversight provisions;

(8) repeal §§ 11-9-230 through 11-9-270 which allow for loans to be made between agencies in case of deficits;

(9) clarify that the transfer of the Division of General Services (as a whole and not just State Fleet Management) would occur only after a Memorandum of Agreement has been reached to provide for services to all branches of government (technical and clarifying correction);

(10) delete the creation of a Joint Strategic Technology Committee; and

(11) make technical and conforming amendments corresponding to the above changes.