The South Carolina Governmental Landscape

Similar documents
S.C. Commission on Prosecution Coordination. FY Funding Request

MASON-DIXON SOUTH CAROLINA POLL DECEMBER Polling in South Carolina since FOR RELEASE: 6 am, Friday, December 15, 2017 Copyright 2017

Caseload Equalization

WHAT IS THE SHL??? WHY DOES THE SHL EXIST??? WHERE DO YOU COME IN??? HOW CAN YOU MAKE A DIFFERENCE? Appalachia Caucus

RULE 608 APPOINTMENT OF LAWYERS FOR INDIGENTS

RULE 608 APPOINTMENT OF LAWYERS FOR INDIGENTS

SOUTH CAROLINA ART EDUATION ASSOCIATION CONSTITUTION

CONSTITUTION & BYLAWS OF SOUTH CAROLINA ASSOCIATION OF EXTENSION ADMINISTRATIVE PROFESSIONALS

USTA South Carolina By-Laws

SOUTH CAROLINA SOCIETY FOR RESPIRATORY CARE BYLAWS

South Carolina Women Lawyers Association, Inc. Bylaws

INSTRUCTIONS FOR COMPLETING THE SELF-REPRESENTED LITIGANT VISITATION PACKET DEFENDANT

Constitution of the South Carolina Pharmacy Association Revised at Annual Meeting June 7, 2013

Incorporation Procedures

PART 1: FILING YOUR PAPERWORK

South Carolina Probation and Parole Association. Constitution and

Job Descriptions, Policies and Procedures Booklet

ENVIRONMENTAL EDUCATION ASSOCIATION OF SOUTH CAROLINA, INC. BY LAWS

Case 1:12-cv CKK-BMK-JDB Document 224 Filed 08/22/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

South Carolina Senate Finance Committee

INSTRUCTIONS FOR COMPLETING THE SELF-REPRESENTED LITIGANT REQUEST FOR VISITATION PACKET PLAINTIFF

IMMIGRATION AND LAW ENFORCEMENT: RESULTS FROM A STATE CENSUS OF POLICE EXECUTIVES

Serving Clients with Criminal Records

Your Guide to. in South Carolina. Issued: August 2013

South Carolina Lions Multiple District 32. Constitution & Bylaws

Series 7: Gubernatorial Series, ; bulk cubic feet consisting of 258 folders, 26 photographs, and 9 oversize items.

THE LEAGUE OF WOMEN VOTERS OF SOUTH CAROLINA PO Box 8453, Columbia, SC, 29202, (803) ,

ELECTION REPORT Prepared and published by the S.C. State Election Commission May 2009

SCAEOP, INC. HANDBOOK

Prepared and Published by the S.C. State Election Commission 2221 Devine Street, Suite 105 P.O. Box 5987 Columbia, SC (803) Fax: (803)

SOUTH CAROLINA LIONS District 32 C

South Carolina Bass Federation Inc. HANDBOOK

South Carolina Workforce TRENDS. South Carolina's Tourism Economy Tourism is an important economic

south carolina school boards association delegate handbook assembly

south carolina school boards association delegate handbook assembly

South Carolina Death Penalty, 2015

STANDARD OPERATING PROCEDURES AND BYLAWS OF THE SOUTH CAROLINA SOCIETY FOR CLINICAL LABORATORY SCIENCE

SOUTH CAROLINA CABLE TELEVISION ASSOCIATION NEWSLETTER

The S.C. REPUBLICAN PARTY STATE EXECUTIVE COMMITTEE FIRST QUARTER MEETING JANUARY 24, 2015 COLUMBIA CHAMBER OF COMMERCE COLUMBIA, SC

SC Telephone Coalition s Price Cap Docket

VOTING RIGHTS IN SOUTH CAROLINA:

Six Disruptive Demographics That Will Change the U.S. Forever

2016 session 121st General Assembly

GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION CHAPTER 461 HOUSE BILL 1060

List of Vacancies on Statewide and Multi-County Boards and Commissions as of Thursday, February 22, 2018

Constitution of the Classified. Senate. Berkeley City College Berkeley, California. February 28, 1991

Standard Indicator SOUTH CAROLINA AND THE CONSTITUTIONAL CONVENTION IN PHILADELPHIA

STATE OF NEW JERSEY. ASSEMBLY, No ASSEMBLY APPROPRIATIONS COMMITTEE STATEMENT TO. with committee amendments DATED: DECEMBER 15, 2016

SCAAO FALL NEWSLETTER

SECTION 3. System of free public schools and other public institutions of learning. The General Assembly shall provide for the maintenance and

AGENDA COLLETON COUNTY COUNCIL REGULAR MEETING TUESDAY, JUNE 26, :00 P.M. COUNTY COUNCIL CHAMBERS, OLD JAIL BUILDING

HOUSE BILL No AN ACT concerning city-county consolidation; authorizing the consolidation of the city of Wichita and Sedgwick county.

Name Office County J Strom Thurmond Solicitor--District 02 SCGOP Barry Barnette Solicitor--District 07 SCGOP David Stumbo Solicitor--District 08

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 1632

South Carolina Lions District 32-S

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

How to do a County Referendum

MANUAL OF ADMINISTRATIVE OPERATIONS FOR CHARLESTON ATLANTIC PRESBYTERY

Ordinance vs. Resolution Conundrum. Eric Budds, Deputy Executive Director, Municipal Association of South Carolina

South Carolina Delegate Selection Plan And Affirmative Action Plan

?Did You Know? What Makes South Carolina Special? Section1

The State of South Carolina OFFICE OF THE ATTORNEY GENERAL. January 11, 2006

118th General Assembly 2009 Session

POLK COUNTY CHARTER AS AMENDED November 4, 2008

Polk County Charter. As Amended. November 6, 2018

SUMMARY MINUTES AND ACTION REPORT

South Carolina Association of Assessing Officials

2017 session 122nd General Assembly

A federal court authorized this important notice. This is not a solicitation from a lawyer.

HOW TO DO A COUNTY REFERENDUM A Guide to Placing a County Referendum on the Ballot

ARTICLE I THE ESTABLISHMENT OF STUDENT GOVERNMENT

CALIFORNIA CONSTITUTION ARTICLE 11 LOCAL GOVERNMENT

Kansas Legislator Briefing Book 2017

MINUTES COLLETON COUNTY COUNCIL REGULAR MEETING TUESDAY, JUNE 26, :00 P.M. COUNTY COUNCIL CHAMBERS, OLD JAIL BUILDING

STATE OF SOUTH CAROLINA

file://l:\shared\website\determining Lawful Expenditures.htm

MEXICAN IMMIGRANTS IN SOUTH CAROLINA: A PROFILE

Incorporation, Abolition, and Annexation

CHAPTER 189 SPECIAL DISTRICTS: GENERAL PROVISIONS

PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: KENT C. CAUDLE, VICE CHAIRMAN

The County Attorney told Council that item D. on the agenda; Second Reading of Ordinance

SCAAO FALL NEWSLETTER

Amendment (with title amendment)

American Legion Dept of SC Membership Report 01/05/2018

Sources of Municipal Powers

Pasco County Board of County Commissioners Workshop. February 12, 2015 New Port Richey, Florida

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW SENATE BILL 15 AN ACT TO INCORPORATE THE TOWN OF HAMPSTEAD.

Example 2016 Primary Ballot Explanations

ACCESS, OPENNESS, ACCOUNTABILITY: A Guide to the Newfoundland and Labrador Registry of Lobbyists

Priority of Business All questions relating to the priority of business shall be decided without debate. Enc Ord 367 March 18, 1993

2014 session 120th General Assembly

Service of Process Transmittal 11/30/2015 CT Log Number

SUMMARY MINUTES AND ACTION REPORT

March 16, Hubert F. Harrell, Director South Carolina Criminal Justice Academy 5400 Broad River Road Columbia, SC

EXAMPLE STATE GENERAL ELECTION BALLOT NOTES

The name of this body shall be the Student Government of the University of South Carolina, hereafter referred to as the Student Government.

Fiscal Impact Summary FY FY Revenue Cash Funds ($1.5 million) ($3.0 million) Expenditures Cash Funds ($480,508) ($2,520,531)

CHARTER [1] Footnotes: --- (1) --- Section 1 - HOME RULE CHARTER. Page 1

The State of South Carolina OFFICE OF THE ATTORNEY GENERAL. February 28, 2000

How to do a City Referendum

Transcription:

The information provided here is for informational and educational purposes and current as of the date of publication. The information is not a substitute for legal advice and does not necessarily reflect the opinion or policy position of the Municipal Association of South Carolina. Consult your attorney for advice concerning specific situations. The South Carolina Governmental Landscape Municipal Clerk Treasurers Institute March 13, 2019 Presented By: Jon B. Pierce, Ph.D. Fellow, The Riley Institute for Livable Communities South Carolina State Government LEGISLATIVE DOMINANCE State Government Structure As a result of partial restructuring in 1993 we have a hybrid state organizational structure Constitutional offices Legislative branch Judicial branch Cabinet departments Independent agencies 1

Major Changes and Impacts of 1992-93 Restructuring More than half of state government untouched (structurally) by restructuring Consolidated 75 agencies into 17 Created 3 new agencies; Revenue and Taxation, Public Safety, and Commerce A number of agencies became divisions of the governor s office Governor gained power to remove most of the boards and commission members Legislature retained control of local governments and the judicial branch Created a somewhat simpler state structure Created administrative law judges Enhanced the power of the governor through cabinet, appointment powers, executive budget Somewhat diminished legislative dominance Some regulatory reform particularly in the purchasing and human resources area A reduction in agency legislative lobbying efforts by cabinet departments and governor s divisions Information the legislature gets is much more controlled and constrained 2

Restructuring in the 2000s Department of Motor Vehicles (cabinet) Department of Transportation* (cabinet) Department of Employment and Workforce * (cabinet) Public Employee Benefit Authority State Fiscal Accountability Board Department of Administration (cabinet) Governor & Lt. Governor run as ticket Adjutant General is appointed by Governor Department on Aging (cabinet) Senate (Pres. of Senate presides not Lt. Governor) THE LEGISLATURE IS STILL DOMINANT! State Appropriated FTE Positions (Selected Years) Year Positions 1994 42,415 2000 49,213 2005 40,464 2010 37,099 2015 32,442 2018 34,572 State Population: 1997 = 3,859,696; 2018 = 5,021,410 At any time, approximately 8-10% of the positions are vacant. Source: Office of State Budget, October 2017 3

Appropriations By Functional Group: General Funds Functional Group FY02-03 FY09-10 FY12-13 FY17-18 Legislative 0.52% 0.54% 0.72% 0.61% Judicial/Adm. Law Judges 0.74% 0.46% 0.75% 0.74% Executive and Administrative 4.36% 4.31% 6.31% 6.33% Higher Education 15.65% 12.56% 9.28% 8.08% Educational 36.66% 38.06% 35.63% 38.21% Health & Social Rehab 21.04% 24.53% 27.06% 26.77% Public Safety 2.01% 1.06% 1.11% 1.12% Correctional 6.82% 7.68% 7.71% 7.19% Conservation, Nat. Res. & ED 2.69% 1.92% 1.95% 2.66% Regulatory 0.95% 0.80% 1.32% 1.85% Debt Service 4.17% 3.33% 3.08% 2.41% Aid to Subdivisions 4.38% 4.74% 5.07% 3.38% Transportation 0.01% 0.00% 0.02% 0.66% Source: Office of State Budget, January 2018 Appropriations By Functional Group: All Funding Sources (In Billions) Functional Group FY02-03 FY09-10 FY11-12 FY17-18 Legislative 0.20% 0.16% 0.19% 0.19% Judicial/Adm. Law Judges 0.27% 0.28% 0.31% 0.31% Executive and Administrative 3.65% 3.26% 3.63% 3.75% Higher Education 17.93% 18.41% 19.94% 18.21% Educational 21.25% 18.44% 17.89% 19.98% Health & Social Rehab 38.00% 43.50% 46.22% 39.01% Public Safety 1.30% 0.64% 0.72% 0.70% Correctional 3.29% 2.76% 2.81% 2.57% Conservation, Nat. Res. & ED 2.36% 2.23% 1.63% 2.17% Regulatory 1.49% 1.59% 2.08% 1.78% Debt Service 1.51% 0.91% 0.94% 0.71% Aid to Subdivisions 1.58% 1.30% 1.27% 1.00% Transportation 7.19% 5.76% 6.09% 9.62% Source: Office of State Budget, January 2018 Total Budget $26,842,146,138 General Funds $7,947,088,831 (% of Total = 29.61%) South Carolina Local Governments 4

Types of Local Governments Counties every South Carolinian lives in a county Municipalities about 35% of South Carolinians live in a municipality School Districts every South Carolinian lives in a school district Special Purpose Districts a smaller number live in a special purpose district Pre Home Rule Local Government Local governments in SC were an ad hoc collection of entities whose structure and power was largely defined by the local legislative delegation Municipalities had a much greater grant of authority than counties did and thus the move to home rule had much more of an impact on counties than on municipalities The role of counties was very limited; county purpose doctrine. This limited role plus the restrictive annexation laws in South Carolina led to the proliferation of special purpose districts in the state. The legislative delegation, in particular the resident senator, ruled supreme. The county budget was passed by the legislature as local legislation and was called the county supply bill. Local affairs occupied much of a legislator s time, and local laws made of the vast majority of laws passed 5

Government by legislative delegations served the needs of a predominately rural state but by the 1960s the nature of the state was changing. The federal courts in such cases as Reynolds v. Sims (1964) established the one-man, one-vote concept for electoral representation at the state level. This resulted in many counties losing their resident senator. This spurred the movement to revise county government. Home-Rule In 1966 the General Assembly created a Constitution Revision Committee to recommend changes to the Constitution. The local changes recommended by the Constitutional Revision Committee were put before the people in 1972 and were ratified in 1973 as Article VIII of the State Constitution. After intense bargaining and compromise, implementing legislation was enacted in 1975 ( Home Rule Law) The Act provides for 3 forms of government for municipalities and 5 forms for counties (one of which, the commission form was ruled unconstitutional) The Act designated the general powers of municipal and county governments. Municipalities and counties derive their powers and duties today from our state s constitution and statutes After intense bargaining and compromise, implementing legislation was enacted in 1975 ( Home Rule Law) The Act provides for 3 forms of government for municipalities and 5 forms for counties (one of which, the commission form was ruled unconstitutional) The Act designated the general and specific powers of municipal and county governments. Municipalities and counties derive their powers and duties today from our state s constitution and statutes; they do not have inherent powers. 6

Powers and Authority of Municipalities and Counties Counties and municipalities are creatures of the State. Therefore their powers and authorities are found in the SC Constitution and, more specifically, the SC Code of Laws. There are separate titles in the Code of Laws for municipalities (Title 5) and counties (Title 4) that specify specific powers. General Police Powers Municipalities and counties have authority to enact regulations, resolutions, and ordinances (not inconsistent with the Constitution and general law of the State) as appears necessary and proper for the security and general welfare and convenience of the jurisdiction or for preserving health, peace, order, and good government in them. Article VIII, Section 17 The provisions of this Constitution and all laws concerning local government shall be liberally construed in their favor. Powers, duties, and responsibilities granted local government subdivisions by this Constitution and by law shall include those fairly implied and not prohibited by this Constitution. 7

Municipalities and Counties in SC 270 municipalities* Great variation in services delivered Most are very small (210 less than 5,000 population) 46 counties Some variation in services delivered Population varies greatly from the smallest ( McCormick 9,958) to the largest (Greenville 379,612) Forms of Government Distinguishing feature of forms is where legislative and executive authority resides. There are provisions in the SC Code for changing the forms of government. Municipal forms of government Council 81 Mayor/Council 157 Council/Manager 32 County forms of government Council 6 Council/Supervisor 4 Council/Administrator 34 Council/Manager 2 Cherokee York Pickens Spartanburg Greenville Oconee Lancaster Union Chester Anderson Laurens Chesterfield Marlboro Abbeville Newberry Fairfield Kershaw Darlington Dillon Greenwood Lee Mccormick Saluda Richland Lexington Sumter Florence Marion Horry Edgefield Calhoun Clarendon Williamsburg Aiken Orangeburg Georgetown Barnwell Bamberg Berkeley Dorchester Allendale Forms ofgovernment Council Hampton Colleton Charleston Administrator Supervisor Manager Jasper Beaufort 8

Representation Single member districts At-Large Mixed Partisan or non-partisan (counties required to be partisan) Individual council member perspectives Trustee Delegate Politico Funding Counties and Municipalities The Legal Context - Funding S.C. local governments are creatures of the State Act 139 of 1989 counties were given a clear grant of general police powers; provide broad range of services Williams v. Town of Hilton Head Island and Brown v. Horry County the S.C. Supreme Court ruled that municipalities and counties have significant latitude to raise the revenue necessary to fund these services BUT 9

The General Assembly has placed new limitations on the use of the property tax to pay for new or expanded services Beginning January 1, 2007, limited the millage rate increase to the percentage increase in the CPI over the previous year plus the percentage increase in the population of the entity over the previous year. (SC Code Sec. 6-1-320) H.4450 Placed a constitutional amendment on the November 2006 ballot. The amendment passed and authorizes the General Assembly to define fair market value of real property. Further, a property s value may not increase by more than 15% every five years, unless the real property is transferred or substantial improvements are made. Fiscal Authority Act of 1997 (Act No. 138) - A local governing body may not impose a new tax after December 31, 1996, unless specifically authorized by the General Assembly Defined the sources of revenue available to counties and municipalities Fees and charges must be linked to a specific service and accounted for separately generate more than 5 of prior fiscal year budget Local governments in S.C. have a good deal of home rule re: structure, services, and personnel BUT Do not have full fiscal home rule Traditional/Home Rule Revenue Sources Property taxes Business license taxes Franchise fees User fees and charges 10

Alternative Revenue Sources Local option sales tax Business license taxes and registration fees Franchise fees Local accommodations and hospitality taxes Sales and use taxes Development fees Tax districts User fees State Mandates to Local Governments 3 types of mandates Active require local action Restrictive prohibit certain local actions Traditional do not exist in law but in practice Fiscal Impact Statement Law, 1983 required author of bills affecting local government to attach cost estimates (this proved inadequate) Local Government Fiscal Impact Statement Team (FIST) created in 1991 to solicit local government input on the cost of proposed legislation State Mandates to Local Governments (cont) Unfunded Mandates Act of 1993 Requires 2/3s vote of members voting in each house General Assembly has to determine that the law fulfills a state interest In general, provides that General Assembly must fund most mandates to local governments Contains 9 different exceptions or cases Provisions do not apply to mandates passed prior to enactment of the Act Unfunded Mandates Act was amended in 1997 to include budget provisos 11

School Districts 81 school districts (also 4 special districts) 763,588 students for the 2015-16 school year Vary greatly in terms of student population; Greenville 76,285 to Barnwell 19 688 Enjoy different levels of fiscal autonomy Autonomous 13 Limited authority 37 No authority 35 *45 day average daily membership (SC Department of Education) Special Purpose Districts Number depends on the source (200-over 500) Created by the General Assembly prior to Home Rule to provide one or a very few services Were created to respond to demands for services that the counties could not constitutionally nor statutorily provide Impact of restrictive annexation laws and county purpose doctrine on proliferation Most Common SPD Service Areas Fire Recreation Water and sewer Watershed and drainage 12

Councils of Governments 10 regional councils of governments in SC Geographic regions created by General Assembly Created by voluntary cooperation of two or more counties Primary rationale for creation was to foster intergovernmental relations and to address issues that were beyond the capacity of individual jurisdictions to address Powers and duties found in Sec. 6-7-140 Composition, type and level of services, and funding patterns vary from region to region 13