1 Major Changes and Impacts of 1992-93 Restructuring More than - - PDF document

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Overview of Palmetto State Governments

Municipal Clerks and Treasurers Institute March 9, 2016

Presented By: Jon B. Pierce, Ph.D.

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

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Major Changes and Impacts

• f 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

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Restructuring in the 2000s

 Department of Motor Vehicles  Department of Transportation  Department of Employment and Workforce  Public Employee Benefit Authority  State Fiscal Accountability Board  Department of Administration

THE LEGISLATURE IS STILL DOMINANT!

South Carolina Local Governments

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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

Municipalities

 270 municipalities*  Great variation in services delivered  Most are very small (210 less than 5,000 population)  Three forms of government – Council

81

– Mayor/Council

157

– Council/Manager

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Counties

 46 counties  Some variation in services delivered  Population varies greatly from the smallest ( McCormick –

9,958) to the largest (Greenville – 379,612)

 Four forms of government –

Council – 6

–

Council/Supervisor – 4

–

Council/Administrator – 34

–

Council/Manager – 2

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Abbeville Allendale Barnwell Calhoun Laurens Saluda Aiken Anderson Bamberg Beaufort Charleston Cherokee Chesterfield Clarendon Colleton Darlington Dillon Dorchester Edgefield Fairfield Florence Georgetown Greenville Hampton Horry Jasper Kershaw Lancaster Lee Lexington Marion Marlboro Mccormick Newberry Oconee Orangeburg Pickens Richland Spartanburg Sumter Berkeley Chester Union Williamsburg Greenwood York Forms of Government Council Administrator Supervisor Manager

Pre-Home Rule County Government

 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.” Once the legislative delegation agreed it was enacted automatically by the General Assembly.

“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.

 Forces leading to “modern” SC counties

–

Increased urbanization

–

One Man –One Vote – Reynolds v. Sims (1964)

–

Increased complexity of county services, governance

–

Fragmentation of legislative power

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 After intense bargaining and compromise, implementing

legislation was enacted in 1975.

 Usually referred to as the 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) Method for changing form of government is found in 4-9-10.

 The Act designated the general powers of county

governments.

 Counties derive their powers and duties today from our state’s

constitution and statutes; counties do not have inherent powers.

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

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Most Common SPD Service Areas

 Fire  Recreation  Water and sewer  Watershed and drainage

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

• f 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