View Amendment Current Amendment: JUD0107.002.DOCX to Bill 107     The COMMITTEE ON JUDICIARY proposed the following amendment (JUD0107.002):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/         PART I

Joint Election of Governor and Lieutenant Governor

    SECTION     1.     Article 3, Chapter 3, Title 1 of the 1976 Code is amended by adding:
    "Section 1-3-125.     Beginning with the Lieutenant Governor elected in the 2018 General Election, in the case of the Lieutenant Governor's impeachment, death, resignation, disqualification, disability, or removal from the State, the Governor shall appoint, with the advice and consent of the Senate, a successor to fulfill the unexpired term."

    SECTION     2.     Article 1, Chapter 11, Title 7 of the 1976 Code is amended by adding:
    "Section 7-11-12.     (A)     A person nominated for the office of Governor by primary or convention, or seeking the office of Governor as a petition candidate must designate a qualified elector to be elected jointly as Lieutenant Governor.
    (B)     A designee for Lieutenant Governor must possess all of the qualifications required to hold the office of Governor.
        (1)     The appropriate political party shall determine if its gubernatorial candidate's Lieutenant Governor designee is qualified.
        (2)     The State Election Commission shall determine whether a gubernatorial petition candidate's Lieutenant Governor designee is qualified.
    (C)     No later than August 1, a gubernatorial candidate's designation for Lieutenant Governor must be in writing and filed either with the appropriate political party, or, in the case of a petition candidate, with the State Election Commission.
    (D)     No later than August 10, a Lieutenant Governor designee must provide:
        (1)     to the State Election Commission:
            (a)     a copy of the gubernatorial candidate's written designation for Lieutenant Governor, and
            (b)     a completed statement of intention of candidacy; and
        (2)     to the State Ethics Commission:
            (a)     a copy of the completed statement of intention of candidacy; and
            (b)     a current filed statement of economic interests.
    (E)(1)     If after being designated and before the general election the Lieutenant Governor candidate dies, becomes disqualified, or resigns for a legitimate nonpolitical reason as defined in Section 7-11-50, the gubernatorial candidate must make a substitution for the Lieutenant Governor candidate no later than ten days after the death, disqualification, or resignation occurs in the format provided in subsection (C).
        (2)     If a Lieutenant Governor candidate is substituted as provided in item (1) of this subsection, the substituted Lieutenant Governor candidate must file the documents required in subsection (D) no later than ten days after the substitution is made.
        (3)     The substitutions authorized in items (1) and (2) may be made after the general election if the death, disqualification, or resignation occurs before the general election. If the death, disqualification, or resignation occurs after the general election, the vacancy must be filled as provided in Section 1-3-125 by the Governor elect.
    (F)     If the Lieutenant Governor candidate is not designated as provided in this section, the party or petition candidate for Governor shall not have his name placed on the ballot for the general election.
    (G)     A Lieutenant Governor candidate is not required to pay a separate filing fee.
    (H)     The provisions of Sections 7-11-10 and 7-11-210 are not applicable to a Lieutenant Governor candidate.
    (I)     If a Lieutenant Governor candidate has solicited or received contributions for another elective office, he must comply with the provisions of Sections 8-13-1350 and 8-13-1352. Any contributions transferred to the single candidate committee of the Governor and Lieutenant Governor elected jointly must comply with the requirements of Section 8-13-1314(A)."

    SECTION     3.     Article 3, Chapter 13, Title 7 of the 1976 Code is amended by adding:
    "Section 7-13-315.     The State Election Commission shall ensure that the Governor and Lieutenant Governor must be elected jointly so that each voter casts a single vote to elect a Governor and Lieutenant Governor."

PART II

Campaign Contributions for Governor and Lieutenant Governor

    SECTION     4.     Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
    "Section 8-13-1301.     For purposes of this article, candidates elected jointly as provided in Article IV, Section 8 of the South Carolina Constitution must be considered a single candidate. The gubernatorial candidate is responsible for:
    (1)     establishing a single candidate committee for contributions solicited and received for the Governor and Lieutenant Governor elected jointly, and
    (2)     complying with the requirements of Article 13 of Chapter 13 of Title 8 for the committee established for the joint election."

    SECTION     5.     Section 8-13-1314 of the 1976 Code is amended to read:
    "Section 8-13-1314     (A)     Within an election cycle, no candidate or anyone acting on his behalf shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf:
        (1)     a contribution which exceeds:
            (a)     three five thousand five hundred dollars in the case of a candidate for statewide office; or
            (b)     five thousand dollars in the aggregate for statewide candidates elected jointly pursuant to Article IV, Section 8 of the South Carolina Constitution; or
            (c)     one thousand dollars in the case of a candidate for any other office;
        (2)     a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;
        (3)     a contribution from, whether directly or indirectly, a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;
        (4)     contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.
    (B)     The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign.
    (C)     The limitations on contributions in subsection (A)(1) must be adjusted each odd-numbered year by multiplying the contribution amount by the cumulative Consumer Price Index and rounding it to the nearest one hundred dollar amount. For purposes of this section, 'Consumer Price Index' means the Southeastern Consumer Price Index All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics. The contribution limitations must only be increased and not decreased.
        (1)     The State Ethics Commission must determine the cumulative increase in the Consumer Price Index and determine the adjustment, if any, to be made in the contribution limitations.
        (2)     By no later than February fifteenth of each even numbered year, the State Ethics Commission must publicly announce any increase in contribution limitations and publish the adjusted contribution limitations on its website."

PART III

Time Extensions for Filing

    SECTION     6.     Section 7-11-15 of the 1976 Code is amended to read:
    "Section 7-11-15     (A)     In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy and party pledge and submit any filing fees between noon on March sixteenth and noon on March thirtieth as provided in this section. If March thirtieth is on a Saturday or Sunday, the time for filing extends to the next regular business day. For purposes of this section and Section 7-13-45, 'next regular business day' means a day that is not a Saturday, Sunday, or legal holiday.
        (1)     Except as otherwise provided in this section, candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy, and party pledge and submit any filing fees with the State Election Commission.
        (2)     Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy and party pledge and submit any filing fees with the State Election Commission or county board of voter registration and elections in the county of their residence. The state executive committees must certify candidates pursuant to Section 7-13-40.
        (3)     Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy and party pledge and submit any filing fees with the county board of voter registration and elections in the county of their residence.
    (B)     Except as provided herein, the election commission board of voter registration and elections with whom the documents in subsection (A) are filed must provide a copy of all statements of intention of candidacy, the party pledge, receipt and filing fees, to the appropriate political party executive committee within two days following the deadline for filing. If the second day falls on Saturday, Sunday, or a legal holiday, the statement of intention of candidacy, party pledge, and filing fee must be filed by noon the following day that is not a Saturday, Sunday, or legal holiday. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy and party pledge has not been filed with the county board of voter registration and elections or State Election Commission, as the case may be, as well as any filing fee, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy. An error or omission by a person seeking to qualify as a candidate pursuant to this section that is not directly related to a constitutional or statutory qualification for that office must be construed in a manner that favors the person's access to the ballot.
    (C)     The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. The candidate or his agent must file three a signed copies statement of intention of candidacy and the election commission with whom it is filed must stamp each copy the statement with the date and time received, keep one copy the original statement, return one provide a copy to the candidate, and send one provide a copy to the appropriate political party executive committee.
    (D)     The candidate or his agent must file three a signed copies of the party pledge, as required pursuant to Section 7-11-210, and the election commission with whom it is filed must stamp each copy the party pledge with the date and time received, return one provide a copy to the candidate, and send one provide a copy to the appropriate political party executive committee.
    (E)     The candidate must sign a receipt for the filing fee, and the election commission with whom it the filing fee is filed must issue a receipt for the filing fee, stamp the receipt with the date and time the filing fee was received, provide one a copy to the candidate or his agent, and provide one a copy to the appropriate political executive party. The filing fee must be made payable to the appropriate political party.
    (F)     If, after the closing of the time for filing the documents required pursuant to this section, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.
    (G)     The county chairman of a political party and the chairman of the state executive committee of a political party may designate a person to observe the filings made at the election commission pursuant to this section.
    (H)     The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."

    SECTION     7.     Section 7-13-45 of the 1976 Code is amended to read:
    "Section 7-13-45.     (A)     In every general election year, the Executive Director of the State Election Commission and the director of each county board of voter registration and elections shall:
        (1)     establish regular hours of not less than four hours a day accept filings during the final seventy-two hours the regular business hours on the regular business days of the filing period in which the director or some person he designates must be present to accept filings as required by Section 7-11-15;
        (2)     place an advertisement to appear two weeks before the filing period begins in a newspaper of general circulation in the county at least five by seven inches in size that notifies the public of the dates of the filing periods, the offices which may be filed for, the place and street address where filings may be made, and the hours that an authorized person will be present to receive filings."

PART IV

Lieutenant Governor Conforming Amendments

    SECTION     8.     Section 1-3-620 of the 1976 Code is amended to read:
    "Section 1-3-620.     Beginning with the term of the Lieutenant Governor elected in 1982, the duties of such office shall be part-time. Beginning with the term of the Lieutenant Governor elected in the 2018 General Election, except when otherwise provided by law, the Lieutenant Governor shall perform the duties pertaining to the office of Governor as assigned by the Governor. The office of the Lieutenant Governor is a division of the office of the Governor."

    SECTION 9.     Section 1-17-20 of the 1976 Code is amended to read:
    "Section 1-17-20.     The standing Committee on Interstate Cooperation of the Senate shall consist of five Senators. The members and chairman of this Committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the Senate. The Lieutenant Governor may serve ex officio as one of the five members of this Committee."

    SECTION     10.     Section 1-23-125(B) of the 1976 Code is amended to read:
    "(B)     If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
        (1)     withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor President of the Senate, but any a regulation not resubmitted within thirty days is considered permanently withdrawn;
        (2)     withdraw the regulation permanently; or
        (3)     take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned."

    SECTION     11.     Section 1-23-125(D) of the 1976 Code is amended to read:
    "(D)     This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by members other than the committees to which regulations are initially referred by the Lieutenant Governor President of the Senate or the Speaker of the House of Representatives."

    SECTION     12.     Section 2-3-30 of the 1976 Code is amended to read:
    "Section 2-3-30.     Except for legislative days which that, by Senate or House action, are designated for consideration only of local and uncontested matters, members of the General Assembly, including the Lieutenant Governor, shall must be paid fifty ($50.00) dollars subsistence expenses for each legislative day. Provided, such subsistence allowance shall must be paid for each calendar day occurring within the same legislative day to members of that body in session on each calendar day."

    SECTION     13.     Section 2-3-90 of the 1976 Code is amended to read:
    "Section 2-3-90.     The Senate and House of Representatives shall also, at the same time, each for itself, shall elect a reading clerk, a sergeant at arms, and an assistant sergeant at arms. Should a vacancy occur in the sergeant at arms or assistant sergeant at arms while the General Assembly is not in session, the Lieutenant Governor President of the Senate or the Speaker of the House is authorized to appoint for their respective Houses a sergeant at arms or assistant sergeant at arms until the convening of the next General Assembly."

    SECTION     14.     Section 7-11-30(A) of the 1976 Code, as last amended by Act 196 of 2014, is further amended to read:
    "(A)     A party may choose to change from nomination of candidates by primary to a method to nominate candidates by convention for all offices including, but not limited to, Governor, Lieutenant Governor, United States Senator, United States House of Representatives, Circuit Solicitor, State Senator, and members of the State House of Representatives if:
        (1)     there is a three-fourths vote of the total membership of the convention to use the convention nomination process; and
        (2)     a majority of voters in that party's next primary election approve the use of the convention nomination process."

    SECTION     15.     Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:
    "Section 7-17-10.     The commissioners of election for Governor, and Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then shall proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise shall meet at the same time at the county seat and shall in the same manner shall proceed to organize as the county board of canvassers for the election of the federal officers."

SECTION     16.     Section 8-11-260(k) of the 1976 Code is amended to read:
    "(k)     staff of the Office of the Lieutenant Governor who report directly to the Lieutenant Governor."

SECTION     17.     Section 8-17-370(19) of the 1976 Code is amended to read:
    "(19)     employees of the Office of the Lieutenant Governor if the employees report directly to the Lieutenant Governor or report directly to a person who reports directly to the Lieutenant Governor."

    SECTION     18.     Section 10-1-40 of the 1976 Code is amended to read:
    "Section 10-1-40.     There is hereby established a committee to be known as the 'State House Committee', consisting of five members of the Senate, appointed by the Lieutenant Governor President of the Senate and five members of the House of Representatives, appointed by the Speaker, whose duties shall be to review all proposals for alterations and/or renovations to the State House. No alterations or renovations shall be undertaken without the approval of this committee."

    SECTION     19.     Section 14-27-20(10) of the 1976 Code is amended to read:
    "(10) the Lieutenant Governor President of the Senate or his designee;"

    SECTION     20.     Section 14-27-30 of the 1976 Code is amended to read:
    "Section 14-27-30.     The Chief Justice of the Supreme Court shall appoint the following members to the Judicial Council: the two circuit court judges; the two family court judges; the two probate judges; the two summary court judges; the two masters-in-equity; the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors; the Dean or member of the faculty of the Law School of the University of South Carolina; one person recommended by the Charleston School of Law; and the six remaining members of the Judicial Council.
    The Lieutenant Governor President of the Senate, the Speaker of the House or their designees, the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees, the Director of the Legislative Council, and the President of the South Carolina Bar or his designee all serve ex officio."

    SECTION     21.     Section 14-27-40(2) of the 1976 Code is amended to read:
    "(2)     The Lieutenant Governor President of the Senate, Speaker of the House or their designees, and the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees serve during their respective terms as those officers."

    SECTION     22.     Section 14-27-80 of the 1976 Code is amended to read:
    "Section 14-27-80.     The duties performed by the Chief Justice of the Supreme Court, or other member of that court designated by him, by the circuit judges, inferior court judges and probate judges, by members of the legal department of the State, and by the Lieutenant Governor President of the Senate, Speaker of the House, legislative members, director of the Legislative Council and dean of the Law School of the University of South Carolina shall be performed as a part of the duties of their respective offices."

    SECTION     23.     Section 44-56-840(A) of the 1976 Code is amended to read:
    "Section 44-56-840.     (A)     There is created a Hazardous Waste Management Select Oversight Committee to monitor funds generated from the fees imposed under Section 44-56-170(C) and (E) and designated for the fund under Section 44-56-810. The committee shall oversee the research efforts and projects approved for funding by the foundation. Notwithstanding any other provision of law, the committee is composed of:
        (1)     the Governor or his designee;
        (2)     the chairman of the House Agriculture and Natural Resources Committee or his designee;
        (3)     the chairman of the Senate Agriculture and Natural Resources Committee or his designee;
        (4)     the chairman of the House Labor, Commerce and Industry Committee or his designee;
        (5)     the chairman of the Senate Labor, Commerce and Industry Committee or his designee;
        (6)     the Director of the Department of Health and Environmental Control or his designee;
        (7)     one member representing business and industry appointed by the Governor;
        (8)     one public member appointed by the Governor; and
        (9)     one member representing environmental interests appointed by the Governor;
        (10)     the Lieutenant Governor or his designee."

    SECTION     24.     Section 54-7-100 of the 1976 Code is amended to read:
    "Section 54-7-100.     A committee of ten nine members of the 'Hunley Commission' shall be appointed, three of whom must be members of the House of Representatives to be appointed by the Speaker, three of whom must be members of the Senate to be appointed by the President Pro Tempore of the Senate, and three members to be appointed by the Governor. The tenth member of the commission shall be the Lieutenant Governor to serve ex officio, or his designee. The committee shall make a study of the law regarding the rights to the salvage of the Hunley and any claim that a person or entity may assert with regard to ownership or control of the vessel. The committee is authorized to negotiate with appropriate representatives of the United States government concerning the recovery, curation, siting, and exhibition of the H.L. Hunley. Provided, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be vested in the Hunley Commission; and provided further, that with respect to the Hunley project that the Hunley Commission shall be exempt from compliance with the provisions of Chapter 35, Title 11. However, the committee may not negotiate any agreement which would result in the siting outside South Carolina of any remains, not claimed by direct descendants, found in the Hunley or which would relinquish South Carolina's claim of title to the Hunley unless perpetual siting of the submarine in South Carolina is assured by the federal government in the agreement.
    The committee shall make recommendations regarding the appropriate method of preservation of this historic vessel and is also authorized to direct the Attorney General on behalf of South Carolina to take appropriate steps to enforce and protect the rights of the State of South Carolina to the salvage of the Hunley and to defend the State against claims regarding this vessel. The committee shall submit a recommendation for an appropriate site in South Carolina for the permanent display and exhibition of the H.L. Hunley to the General Assembly for its review and approval.
    The committee members shall not receive the subsistence, mileage, and per diem as may be provided by law for members of boards, committees, and commissions."

    SECTION     25.     Section 59-6-15(A) of the 1976 Code is amended to read:
    "(A)     There is created the Business-Education Partnership for Excellence in Education and a permanent standing subcommittee of the partnership for the purpose of reviewing the implementation of the South Carolina Education Improvement Act of 1984 and recommending other major education initiatives.
    The Business-Education Partnership for Excellence in Education consists of the following persons:
        (1)     Thirty-two prominent civic and business leaders of which fourteen are appointed by the Governor; six appointed by the State Superintendent of Education; three appointed by the Speaker of the House of Representatives; three appointed by the President of the Senate; three appointed by the Chairman of the Education and Public Works Committee of the House of Representatives; and three appointed by the Chairman of the Education Committee of the Senate;
        (2)     Twenty educators of which eight are appointed by the State Superintendent of Education; four appointed by the Governor; two appointed by the Speaker of the House of Representatives; two appointed by the President of the Senate; two appointed by the Chairman of the Education and Public Works Committee of the House of Representatives; and two appointed by the Chairman of the Education Committee of the Senate;
        (3)     Lieutenant Governor or his designee;
        (4)     Chairman of the Committee on Children or his designee;
        (5)(4)     Chairman of the Education Oversight Committee or his designee;
        (6)(5)     The Governor and State Superintendent of Education shall serve as ex officio members.
    The term of office of the members of the Business-Education Partnership must be four years except that of those first appointed an equal number must serve terms of two, three, and four years respectively as determined by lot. Except in those cases where the term of a member of the Business-Education Subcommittee has not expired, no member of the Business-Education Partnership may serve more than two consecutive terms. The number of appointments provided for in items (1) and (2) above must be reduced proportionately by the membership requirements of subsection (B).
    The chairman of the Business-Education Partnership for Excellence in Education must be elected by the members of the partnership and must be chosen from among the thirty-two business and civic leaders serving on the partnership. The Business-Education Partnership must meet at the call of the chairman but not less than quarterly. The Governor must preside at all regular and special meetings of the partnership in which he is in attendance; at those meetings at which the Governor is not in attendance the State Superintendent of Education must preside, and in the absence of the Superintendent, the chairman of the partnership must preside.
    The partnership in conjunction with the State Department of Education may cause to be held statewide public forums for the purpose of fostering open discussions regarding the impact of the Education Improvement Act on the state's education system and education reform in general."

PART V

Office or Division on Aging and Related Provisions

    SECTION     26.     Section 1-11-720(A)(9) of the 1976 Code is amended to read:
    "(9)     local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, Office of the Lieutenant Governor Department of Administration;"

    SECTION     27.     Section 9-1-10(11)(g) of the 1976 Code is amended to read:
    "(g)     an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Office of the Lieutenant Governor Department of Administration."

    SECTION     28.     Section 9-1-10(14) of the 1976 Code is amended to read:
    "(14)     'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term "employer" also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Office of the Lieutenant Governor Department of Administration."

SECTION     29.     Section 29-4-60(D) of the 1976 Code is amended to read:
    "(D) The Office of the Governor Department of Administration, Division on Aging shall provide independent consumer information on reverse mortgages and their alternatives."

SECTION     30.     Section 43-21-10 of the 1976 Code is amended to read:
    "Section 43-21-10.     There is created in the Office of the Lieutenant Governor Department of Administration, the Division on Aging. The division must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas under the Division on Aging and five members from the State at large. The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council from its members for a term of two years and until a successor is elected. Members of the council shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council for the governance of its operations and activities."

SECTION     31.     Section 43-21-20 of the 1976 Code is amended to read:
    "Section 43-21-20.     The members of the advisory council shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member may serve more than two consecutive terms.
    The Lieutenant Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1 3 240, and the reason for the termination must be communicated to each member of the council."

    SECTION     32.     Section 43-21-45 of the 1976 Code is amended to read:
    "Section 43-21-45.     The Office of the Lieutenant Governor Department of Administration, Division on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network."

    SECTION     33.     Section 43-21-60 of the 1976 Code is amended to read:
    "Section 43-21-60.     The division shall submit an annual report to the Lieutenant Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year."

    SECTION     34.     Section 43-21-70 of the 1976 Code is amended to read:
    "Section 43-21-70.     The Lieutenant Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240."

    SECTION     35.     Section 43-21-100 of the 1976 Code is amended to read:
    "Section 43-21-100.     The division shall prepare the budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval."

    SECTION     36.     Section 43-21-130(A)(1) of the 1976 Code is amended to read:
    "(1)     the Lieutenant Governor or his designee;"

    SECTION     37.     Section 43-21-190(2) of the 1976 Code is amended to read:
    "(2)     make recommendations to the Lieutenant Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;"

SECTION     38.     Section 44-21-130(A)(1) of the 1976 Code is amended to read:
        "(1) the Lieutenant Governor or his designee;"

SECTION     39.     Section 44-21-190(2) of the 1976 Code is amended to read:
    "(2) make recommendations to the Lieutenant Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;"

SECTION     40.     Section 44-36-20(21) of the 1976 Code is amended to read:
    "(21) Alzheimer's Disease and Related Disorders Resource Coordination Center, Office of the Governor Department of Administration, Division on Aging;"

SECTION     41.     Section 44-36-50 of the 1976 Code is amended to read:
    "Section 44-36-50.     The registry shall submit an annual report to the Office of the Governor Department of Administration, Division on Aging, Alzheimer's Disease and Related Disorders Resource Coordination Center, the Department of Health and Environmental Control, and the Office of Research and Statistics of the Revenue and Fiscal Affairs Office."

    SECTION     42.     Section 44-36-310 of the 1976 Code is amended to read:
    "Section 44-36-310.     There is created in the Office of the Lieutenant Governor Department of Administration, Division on Aging, the Alzheimer's Disease and Related Disorders Resource Coordination Center to provide statewide coordination, service system development, information and referral, and caregiver support services to individuals with Alzheimer's disease and related disorders, their families, and caregivers."

    SECTION     43.     Section 44-36-320(7) of the 1976 Code is amended to read:
    "(7)     submit an annual report to the Chairman of the Medical Affairs Committee of the Senate and the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives in addition to publishing the report on the Lieutenant Governor's website."

    SECTION     44.     Section 44-36-330 of the 1976 Code is amended to read:
    "Section 44-36-330.(A)     The Alzheimer's Disease and Related Disorders Resource Coordination Center must be supported by an advisory council appointed by the Lieutenant Governor including, but not limited to, representatives of:
        (1)     Alzheimer's Association Chapters;
        (2)     American Association of Retired Persons;
        (3)     Clemson University;
        (4)     Department of Disabilities and Special Needs;
        (5)     Department of Health and Environmental Control;
        (6)     Department of Mental Health;
        (7)     Department of Social Services;
        (8)     Department of Health and Human Services;
        (9)     Medical University of South Carolina;
        (10)     National Association of Social Workers, South Carolina Chapter;
        (11)     South Carolina Adult Day Care Association;
        (12)     South Carolina Association of Area Agencies on Aging;
        (13)     South Carolina Association of Council on Aging Directors;
        (14)     South Carolina Association of Nonprofit Homes for the Aging;
        (15)     South Carolina Association of Residential Care Homes;
        (16)     South Carolina Health Care Association;
        (17)     South Carolina Home Care Association;
        (18)     South Carolina Hospital Association;
        (19)     South Carolina Medical Association;
        (20)     South Carolina Nurses' Association;
        (21)     Statewide Alzheimer's Disease and Related Disorders Registry;
        (22)     University of South Carolina;
        (23)     South Carolina State University.
    (B)     Members of the advisory council are not entitled to mileage, per diem, subsistence, or any other form of compensation."

PART VI

Code Commissioner's Report

    SECTION     45.     On or before January 1, 2019, the Code Commissioner shall prepare and deliver a report to the President of the Senate and the Speaker of the House of Representatives recommending any additional appropriate and conforming changes to the 1976 Code of Laws reflecting the provisions of this act.

PART VII

Severability

    SECTION     46.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

PART VIII

Repeal

    SECTION 47.     Section 59-127-470 of the 1976 Code is repealed.

PART IX

Effective Dates

    SECTION     48.     PARTS I and II of this act take effect upon approval by the Governor and are applicable to the 2018 General Election. PARTS III, IV, and V take effect on January 1, 2019. All other PARTS take effect upon approval by the Governor.         /

    Renumber sections to conform.
    Amend title to conform.