South Carolina Senate Republican Caucus

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Senate Judiciary Approves Government Restructuring

Legislative Oversight also advances

Columbia, SC- The Senate Judiciary Committee today approved the “South Carolina Restructuring Act,” a government-restructuring plan (H.3590) that will now go before the full Senate. The plan transfers many of the daily functions of state government into a new cabinet-level Department of Administration (DOA), which will make the Governor’s office more accountable for the day-to-day operations of state government. Currently, the Budget and Control Board performs many of these functions.

Although restructuring has been a high priority on Governor Sanford’s agenda, he will not be able to enjoy the fruits of his labor due to the term limits, which prevent him from seeking a third term. The effective date for the new DOA will coincide with the beginning of a new administration in January of 2011.

“I think it is legislation whose time has come,” says Senator Larry Martin (R-Pickens), chairman of the Senate subcommittee that first reviewed the bill. “This is purely an executive function that should be under the Office of the Governor - the Chief Executive Officer of the state - and not with the Budget and Control Board. It is the model that most every state uses and I just think it makes a lot of sense for South Carolina to move to this model.”

The proposed legislation would allow the Governor to appoint the department’s director, who will oversee 14 state offices. Offices that will move from the Budget and Control Board to the DOA includes among others: General Services, Human Resources, Executive Policy and Programs, and the State Chief Information Officer. Policy decisions will remain a function of the Budget and Control Board, which also has the authority to make certain interim decisions when the legislature is not in session.

The bill also contains legislative oversight provisions, which gives structure to a systematic, five-year cycle, review process. Details of the bill assign oversight jurisdiction of state agencies to specific standing committees in both the House and Senate. “It will formalize the oversight process and send a strong message to the agencies that the legislature is watching,” says Senator Martin.

Legislative oversight in the past has typically been the result of an acute need or problem within an agency or department. The proposed legislation provides a more formal structure under which the agency and the legislature can operate and creates an opportunity to address potential problems early in their development

Today’s approval of the government-restructuring plan sends it to the Senate floor, where it is expected to receive full debate before the end of the session. The current legislative session and the two-year legislative cycle end on June 5, 2008.

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