South Carolina General Assembly
119th Session, 2011-2012

Download This Bill in Microsoft Word format

A279, R313, S1088

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Ford and Knotts
Document Path: l:\s-jud\bills\mcconnell\jud0157.kw.docx

Introduced in the Senate on January 11, 2012
Introduced in the House on February 29, 2012
Last Amended on June 19, 2012
Passed by the General Assembly on June 19, 2012
Governor's Action: June 26, 2012, Signed

Summary: Boards and commissions whose members are appointed or elected by Congressional District

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/11/2012  Senate  Introduced and read first time (Senate Journal-page 5)
   1/11/2012  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 5)
   1/17/2012  Senate  Referred to Subcommittee: Rankin (ch), Hutto, Campbell
   2/22/2012  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 13)
   2/23/2012  Senate  Committee Amendment Adopted (Senate Journal-page 35)
   2/23/2012  Senate  Read second time (Senate Journal-page 35)
   2/23/2012  Senate  Roll call Ayes-31  Nays-0 (Senate Journal-page 35)
   2/23/2012          Scrivener's error corrected
   2/24/2012          Scrivener's error corrected
   2/28/2012  Senate  Read third time and sent to House 
                        (Senate Journal-page 22)
   2/29/2012  House   Introduced and read first time (House Journal-page 8)
   2/29/2012  House   Referred to Committee on Judiciary (House Journal-page 8)
   5/16/2012  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 1)
   5/22/2012  House   Debate adjourned until Wed., 05-23-12 
                        (House Journal-page 11)
   5/23/2012  House   Debate adjourned until Thur., 05-24-12 
                        (House Journal-page 30)
   5/24/2012  House   Amended (House Journal-page 24)
   5/24/2012  House   Requests for debate-Rep(s). Anderson, White, Sandifer, 
                        Bedingfield, JR Smith, Hardwick, RL Brown, Jefferson, 
                        Forrester, Parker, Brantley, Brannon, Pitts 
                        (House Journal-page 118)
   5/30/2012  House   Amended
   5/30/2012  House   Read second time (House Journal-page 190)
   5/30/2012  House   Roll call Yeas-111  Nays-0 (House Journal-page 193)
   5/31/2012  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 89)
    6/5/2012  Senate  House amendment amended (Senate Journal-page 97)
    6/5/2012  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 97)
    6/5/2012  Senate  Returned to House with amendments 
                        (Senate Journal-page 97)
    6/7/2012  House   Non-concurrence in Senate amendment 
                        (House Journal-page 24)
    6/7/2012  House   Roll call Yeas-1  Nays-95 (House Journal-page 24)
    6/7/2012  Senate  Senate insists upon amendment and conference committee 
                        appointed Rankin, Hutto, and Campbell 
                        (Senate Journal-page 58)
    6/7/2012  House   Conference committee appointed Harrison, JE Smith and 
                        Horne (House Journal-page 55)
   6/19/2012  Senate  Conference report adopted (Senate Journal-page 118)
   6/19/2012  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 118)
   6/19/2012  House   Conference report received and adopted 
                        (House Journal-page 49)
   6/19/2012  House   Roll call Yeas-111  Nays-0 (House Journal-page 70)
   6/19/2012  House   Ordered enrolled for ratification
   6/22/2012          Ratified R 313
   6/26/2012          Signed By Governor
   7/17/2012          Effective date 06/26/12
   7/17/2012          Act No. 279

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/11/2012
2/22/2012
2/23/2012
2/23/2012-A
2/24/2012
5/16/2012
5/24/2012
5/30/2012
5/31/2012
6/5/2012
6/19/2012


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A279, R313, S1088)

AN ACT TO AMEND SECTION 1-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA COMMISSION ON HUMAN AFFAIRS, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 1-15-10, AS AMENDED, RELATING TO THE COMMISSION ON WOMEN, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 1-31-10, RELATING TO THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 6-19-30, RELATING TO THE ADVISORY COMMITTEE FOR STATE GRANTS TO PUBLIC WATER AND SEWER AUTHORITIES, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 8-13-310, RELATING TO STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 13-1-1050, AS AMENDED, RELATING TO THE AERONAUTICS COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR REPRESENTATION ON THE AUTHORITY FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE FOR REPRESENTATION ON THE BOARD FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 25-19-10, RELATING TO THE SOUTH CAROLINA PRISONER OF WAR COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE CREATION OF THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-57-40, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-59-10, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-69-10, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-81-50, RELATING TO THE MEMBERSHIP OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 41-43-30, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA JOBS - ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 43-25-10, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 43-31-40, RELATING TO THE MEMBERSHIP OF THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO ELIMINATE THE AT-LARGE SEAT AND REPLACE IT WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-4-30, RELATING TO THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR REPRESENTATION ON THE BOARD FROM THE SEVENTH CONGRESSIONAL DISTRICT, TO PROVIDE FOR THE APPOINTMENT OF THE BOARD CHAIRMAN, AND TO CLARIFY THE DATES UPON WHICH THE CURRENT MEMBERS' TERMS SHALL TERMINATE; TO AMEND SECTION 48-39-40, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO INCREASE THE MEMBERSHIP FROM FOURTEEN TO FIFTEEN WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-39-45, RELATING TO THE COASTAL ZONE MANAGEMENT ADVISORY COUNCIL, SO AS TO INCREASE THE MEMBERSHIP FROM FOURTEEN TO FIFTEEN WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-59-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA CONSERVATION BANK, SO AS TO INCREASE THE MEMBERSHIP FROM TWELVE TO FOURTEEN, INCLUDING ONE MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT AND ONE NEW MEMBER FROM THE STATE AT LARGE; TO AMEND SECTION 51-13-1720, RELATING TO THE BOARD OF REGENTS OF THE OLD JACKSONBOROUGH HISTORIC DISTRICT, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN WITH THE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 51-17-50, AS AMENDED, RELATING TO THE HERITAGE TRUST ADVISORY BOARD, SO AS TO INCREASE THE MEMBERSHIP WITH THE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 51-18-60, AS AMENDED, RELATING TO THE WAR BETWEEN THE STATES ADVISORY BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM ELEVEN TO THIRTEEN WITH ONE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND ONE MEMBER APPOINTED BY THE GOVERNOR AT LARGE; TO AMEND SECTION 51-22-30, RELATING TO THE LEGACY TRUST FUND BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM FIFTEEN TO SEVENTEEN WITH TWO ADDITIONAL MEMBERS APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO THE COMPOSITION OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 58-31-20, AS AMENDED, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO INCREASE THE MEMBERSHIP FROM ELEVEN TO TWELVE WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT, AND TO IMPOSE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 59-26-50, RELATING TO THE EDUCATOR IMPROVEMENT TASK FORCE, SO AS TO INCREASE THE MEMBERSHIP FROM TWELVE TO THIRTEEN WITH ONE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-53-610, RELATING TO THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION FROM THE SIXTH CONGRESSIONAL DISTRICT INSTEAD OF THE THIRD CONGRESSIONAL DISTRICT IS A MEMBER OF THE COMMISSION EX OFFICIO; TO AMEND SECTION 63-11-700, RELATING TO THE BOARD OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO ELIMINATE THE AT-LARGE SEAT AND REPLACE IT WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 63-11-920, RELATING TO THE SOUTH CAROLINA CHILDREN'S TRUST FUND BOARD OF DIRECTORS, SO AS TO ELIMINATE ONE OF THE AT-LARGE SEATS, REPLACING IT INSTEAD WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 63-19-610, RELATING TO THE STATE BOARD OF JUVENILE PAROLE, SO AS TO REDUCE THE BOARD'S MEMBERSHIP FROM TEN TO SEVEN MEMBERS, AND TO CLARIFY RESOURCES THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL CONTINUE TO PROVIDE TO THE BOARD; AND TO INCLUDE LEGISLATIVE FINDINGS AND PROVISIONS REGARDING CONTINUATION OF SERVICE ON CERTAIN BOARDS, COMMISSIONS, OR COMMITTEES AFFECTED BY CONGRESSIONAL REDISTRICTING.

Be it enacted by the General Assembly of the State of South Carolina:

South Carolina Commission on Human Affairs, composition, terms of office

SECTION    1.    Section 1-13-40(b) of the 1976 Code is amended to read:

"(b)    The commission shall consist of a member from each congressional district appointed by the Governor, with the advice and consent of the Senate, and two members at large appointed by the Governor. Each member shall serve for a term of three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term."

State Commission on Women, composition, terms of office

SECTION    2.    Section 1-15-10 of the 1976 Code, as last amended by Act 249 of 2008, is further amended to read:

"Section 1-15-10.There is created a Commission on Women to be composed of sixteen members appointed by the Governor with the advice and consent of the Senate from among persons with a competency in the area of public affairs and women's activities. One member must be appointed from each congressional district and the remaining members from the State at large. The commission must be under and a part of the Office of the Governor. Members of the commission shall serve for terms of four years and until their successors are appointed and qualify, except of those members first appointed after the expansion of the commission to fifteen members, two members shall serve a term of one year, two members shall serve a term of two years, two members shall serve a term of three years, and two members shall serve a term of four years. Members appointed prior to and after the expansion of the commission to fifteen members must be designated by the Governor as being appointed to serve either from a particular congressional district or at large. The member first appointed from the Seventh Congressional District after the expansion of the commission to sixteen members shall serve a four-year term. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member must be eligible to serve more than two consecutive terms."

State Commission for Minority Affairs, composition, terms of office

SECTION    3.    Section 1-31-10 of the 1976 Code is amended to read:

"Section 1-31-10    .There is created a State Commission for Minority Affairs consisting of nine members and the Governor ex officio. The Governor must appoint one person from each of the congressional districts of the State and two persons from the State at large upon the advice and consent of the Senate. The Governor shall designate the chairman. The members serve for a term of four years and until their successors are appointed and qualify. A vacancy must be filled in the same manner as original appointment for the remainder of the unexpired term. A majority of the members of the commission must be African American."

Advisory committee for state grants to public water and sewer authorities, funding, composition, terms of office

SECTION    4.    Section 6-19-30 of the 1976 Code is amended to read:

"Section 6-19-30.The fund for such grants must be from either revenue-sharing trust funds or from general appropriations to the Department of Health and Environmental Control, which shall administer the grants for intermission to public water supply authorities or districts, sewer authorities or districts, water and sewer authorities, rural community water or sewer systems, nonprofit corporations, or municipal sewer systems to which the grant is made. The Governor, with the advice and consent of the Senate, shall appoint an advisory committee composed of seven members, one from each congressional district of the State. In addition an employee of the Department of Health and Environmental Control, designated by the commissioner thereof, shall serve ex officio as a member of the committee. The Governor may invite a director, or his representative, from an agency providing water and sewer funds to serve as an advisory nonvoting member to the committee. All members must be appointed for terms of three years. In the event of a vacancy a successor shall be appointed for the unexpired term in the manner of original appointment. The advisory committee shall meet as soon after its appointment as may be practicable and shall organize by electing a chairman, vice chairman, secretary, and such other officers as it may deem desirable. The advisory committee shall select the projects to be funded pursuant to Section 6-19-40. Funds also may be expended from gifts or grants from any source which are made available for the purpose of carrying out the provisions of this chapter. Appropriations made to the fund but not expended at the end of the fiscal year for which appropriated shall not revert to the general fund but shall accrue to the credit of the fund. Grants must be made only for water supply and waste water facilities projects on which construction was not commenced before April 1, 1974."

State Ethics Commission, composition

SECTION    5.    Section 8-13-310(B) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(B)    There is created the State Ethics Commission composed of nine members appointed by the Governor, upon the advice and consent of the General Assembly. One member shall represent each of the seven congressional districts, and two members must be appointed from the State at large. No member of the General Assembly or other public official must be eligible to serve on the State Ethics Commission. The Governor shall make the appointments based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the commission is representative of all citizens of the State of South Carolina."

State Aeronautics Commission, terms of office

SECTION    6.    Section 13-1-1050(B) of the 1976 Code, as last amended by an act bearing ratification number 293 of 2012, is further amended to read:

"(1)    commission members appointed to represent congressional district one and two, two years;

(2)    commission members appointed to represent congressional district three, four, and seven, three years;

(3)    commission members appointed to represent congressional district five and six, four years."

South Carolina Research Authority, composition, terms of office

SECTION    7.    Section 13-17-40 (A) of the 1976 Code, as last amended by Act 209 of 2012, is further amended to read:

"(A)(1)    The SCRA shall consist of a board of twenty-four trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical University of South Carolina, President of South Carolina State College, President of the University of South Carolina, Director of Savannah River National Laboratory, President of Francis Marion University, Chairman of the State Board for Technical and Comprehensive Education, Governor of South Carolina or his designee, Chairman of the House Ways and Means Committee or his designee, Chairman of the Senate Finance Committee or his designee, and the Secretary of Commerce or his designee.

(2)    The Governor shall name the chairman who must not be a public official and who serves at the pleasure of the Governor. The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. Each of the Congressional Districts of South Carolina must have at least one of the ten trustees.

(3)    Terms of elected trustees are for four years, and half expire every two years. An elected trustee may not serve more than two consecutive four-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment. A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of a trustee."

State Board of Probation, Parole and Pardon Services, composition, terms of office

SECTION    8.    Section 24-21-10(B) of the 1976 Code, as last amended by an act bearing ratification No. 251 of 2012, is further amended to read:

"(B)    The Board of Probation, Parole and Pardon Services is composed of seven members. The terms of office of the members are for six years. Each of the seven members must be appointed from each of the congressional districts. At least one appointee shall have at least five years of work or volunteer experience in one or more of the following fields: parole, probation, corrections, criminal justice, law, law enforcement, psychology, psychiatry, sociology, or social work. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."

South Carolina Prisoner of War Commission, composition, terms of office

SECTION    9.    Section 25-19-10 of the 1976 Code is amended to read:

"Section 25-19-10.    There is established a Prisoner of War Commission in South Carolina composed of one member from each congressional district and one member from the State at large, to be appointed by the Governor with the advice and consent of a majority of the Senate members representing the congressional district involved and a majority of the House of Representatives members representing the congressional district involved. A chairman must be elected annually by the commission from its membership. All members must be former prisoners of war. The South Carolina Department of the American Ex-Prisoners of War may submit to the Governor names and biographical data on former prisoners of war willing and able to serve. Their terms are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term."

South Carolina Real Estate Commission, composition

SECTION    10.    Section 40-57-40(A) of the 1976 Code is amended to read:

"(A)    The South Carolina Real Estate Commission consists of ten members elected or appointed as follows:

(1)    seven members who are professionally engaged in the active practice of real estate, one elected from each of the seven congressional districts by a majority of house members and senators, representing the house and senate districts located within each of the congressional districts;

(2)    two members representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate;

(3)    the nine elected and appointed members shall elect from the State at large one additional member who must be in the active practice of real estate."

South Carolina Residential Builders Commission, composition, terms of office

SECTION    11.    Section 40-59-10(A) of the 1976 Code is amended to read:

"(A)    There is created the South Carolina Residential Builders Commission which must be composed of eight persons who have been residents of the State for at least five years and two of whom must be consumers not engaged in the business of residential building, four of whom have been actively engaged in residential building for a period of at least five years before the date of their appointment, and who must be recommended to the Governor by the South Carolina Home Builders Association, and one of whom has been actively engaged in residential specialty contracting for a period of at least five years before the date of appointment. One member must be appointed from each congressional district, and one must be appointed from the State at large. Members of the commission must be appointed by the Governor with the advice and consent of the Senate for a term of four years or until their successors are appointed and qualify. A vacancy occurring by reason of death, resignation, removal for cause, or otherwise must be filled for the remainder of the unexpired term in the manner of the original appointment. The Governor may remove any member of the commission in accordance with Section 1-3-240."

State Board of Veterinary Medical Examiners, composition, terms of office

SECTION    12.    Section 40-69-10(A) of the 1976 Code is amended to read:

"(A)    There is created the State Board of Veterinary Medical Examiners to be composed of ten members, one of whom must be a consumer member from the State at large, one of whom must be a licensed veterinary technician practicing in this State, one of whom must be a veterinarian from the State at large, and seven of whom must be veterinarians representing each of the seven congressional districts. Each veterinarian and veterinary technician must be a resident of the State, licensed by the State, and currently practicing with at least five years of clinical experience. Each veterinarian representing a congressional district must reside in the district that he represents. The consumer member must be a resident of this State. The terms of the members are for six years and until their successors are appointed and qualify. The chairman may vote only in the case of a tie vote by the board."

State Athletic Commission, composition, terms of office

SECTION    13.    Section 40-81-50(A) of the 1976 Code is amended to read:

"(A)    There is created the State Athletic Commission consisting of nine members appointed by the Governor with the advice and consent of the Senate to regulate boxing, kickboxing, wrestling, mixed martial arts, and other combative sports in this State. One member must be appointed from each congressional district of the State and two from the State at large. One of the at-large appointments must be a physician licensed and in good standing in the State. The terms of the members are for four years and until their successors are appointed and qualified. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, kickboxing, mixed martial arts, or wrestling event or exhibition."

South Carolina Jobs-Economic Development Authority, responsibility

SECTION    14.    Section 41-43-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 41-43-30.    There is created the South Carolina Jobs-Economic Development Authority, a public body corporate and politic and an agency of the State, with the responsibility of effecting the public purposes of this act. The authority is governed by a Board of Directors (board) which consists of ten members."

South Carolina Commission for the Blind, composition, terms of office

SECTION    15.    Section 43-25-10 of the 1976 Code is amended to read:

"Section 43-25-10.    There is created the South Carolina Commission for the Blind. The commission shall consist of seven members, one from each of the seven Congressional Districts, of whom three shall have a visual acuity not to exceed 20/200. The Governor shall, with the advice and consent of the Senate, appoint the members of the commission for terms of four years and until their successors are appointed and qualify. All vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the commission shall elect one of its members as chairman for a term of two years or until his successor has been elected. The chairman shall preside at the regular meetings of the commission to be held at least once each month. The chairman may call a meeting when he considers it necessary to be held at a time to be determined by the commission. The commission shall appoint a commissioner and other officers as the commission considers necessary, none of whom may be a member of the commission, and shall fix the compensation and prescribe the duties of these appointees. The members of the commission shall receive no salary but must be allowed the usual mileage, subsistence, and per diem as authorized by law for commissions, committees, and boards."

State Agency of Vocational Rehabilitation, composition, terms of office

SECTION    16.    Section 43-31-40 of the 1976 Code is amended to read:

"Section 43-31-40.    The Governor shall appoint a State Agency of Vocational Rehabilitation to be composed of seven members, and this agency shall provide for the administration of this chapter. The members of the agency shall consist of one member from each congressional district. The Governor, upon the advice and consent of the Senate, shall appoint the members. The members shall serve a term of seven years. The terms of office must always remain staggered so that the term of one member expires every year with appointments to fill unexpired terms caused by death, resignation, or disability."

State Department of Natural Resources Board, composition, terms of office

SECTION    17.    Section 48-4-30 of the 1976 Code is amended to read:

"Section 48-4-30.    (A)    The department must be governed by a board consisting of nonsalaried board members to be appointed and constituted in a manner provided by law. The Governor shall appoint one member to serve as chairman, upon the advice and consent of the Senate. The appointment to chairman is subject to the advice and consent of the Senate, even if the person appointed to serve as chairman is already a current member of the board.

(B)    All board members must be appointed by the Governor with the advice and consent of the Senate. One member must be appointed from each congressional district of the State.

(C)    Notwithstanding subsection (B), membership on the board also shall include the at-large board member serving on the board on March 1, 2012. The at-large board member may continue to serve on the board until that board member's term expires, he is removed from the board as provided by law, or he resigns from the board. At the expiration of the at-large board member's term, or upon his removal from or resignation from the board, the provisions of this subsection no longer apply to the composition of the membership of the board.

(D)    In making appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Board members must possess sound moral character, superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability.

(E)    The Governor may remove any board member pursuant to the provisions of Section 1-3-240.

(F)    Terms of the members must be for four years and until their successors are appointed and qualify. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.

(G)    Each board member, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution.

(H)    Notwithstanding subsection (E), the terms of members representing congressional districts serving on the board on March 1, 2012, shall terminate on the dates provided in this subsection. The terms of the members representing the Fourth and the Sixth Congressional Districts shall expire July 1, 2012. The terms of the members representing the First, Second, Third, and Fifth Congressional Districts shall expire on July 1, 2014.

(I)    Notwithstanding subsection (E), the initial term of the member representing the Seventh Congressional District shall expire July 1, 2016."

Coastal Zone Management Appellate Panel, composition

SECTION    18.    Section 48-39-40(A) of the 1976 Code is amended to read:

"(A)    On July 1, 1994, there is created the Coastal Zone Management Appellate Panel which consists of fifteen members, which shall act as an advisory council to the Department of Health and Environmental Control. The members of the panel must be constituted as follows: eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; seven members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote. The panel shall elect a chairman, vice chairman, and other officers it considers necessary."

Coastal Zone Management Advisory Council, composition

SECTION    19.    Section 48-39-45(A) of the 1976 Code, as added by Act 285 of 2010, is amended to read:

"(A)(1)    On July 1, 2010, there is created the Coastal Zone Management Advisory Council that consists of fifteen members, which shall act as an advisory council to the department's Office of Ocean and Coastal Resources Management.

(2)    The members of the council must be constituted as follows:

(a)    eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; and

(b)    seven members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote.

(3)    The council shall elect a chairman, vice chairman, and other officers it considers necessary."

South Carolina Conservation Bank, composition

SECTION    20.    Section 48-59-40(A) of the 1976 Code is amended to read:

"(A)    There is established the South Carolina Conservation Bank. The bank is governed by a fourteen-member board selected as follows:

(1)    the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, and the Director of the South Carolina Department of Parks, Recreation and Tourism, all of whom shall serve ex officio and without voting privileges;

(2)    three members appointed by the Governor from the State at large;

(3)    four members appointed by the Speaker of the House of Representatives, one each from the Third, Fourth, and Sixth Congressional Districts and one member from the State at large; and

(4)    four members appointed by the President Pro Tempore of the Senate, one each from the First, Second, Fifth, and Seventh Congressional Districts."

Old Jacksonborough Historic Authority, composition

SECTION    21.    Section 51-13-1720 of the 1976 Code is amended to read:

"Section 51-13-1720.    The authority must be governed by a board of regents consisting of ten members, as follows:

(a)    the resident Senator for Colleton County shall serve ex officio;

(b)    the Representative in whose district the present Village of Jacksonborough is located shall serve ex officio;

(c)    four members resident in Colleton County appointed by the Governor upon recommendation of the Colleton County Legislative Delegation;

(d)    one member resident in the First or Second Congressional District appointed by the Governor with the advice and consent of the Senate;

(e)    one member resident in the Third or Fourth Congressional District appointed by the Governor with the advice and consent of the Senate;

(f)    one member resident in the Fifth or Sixth Congressional District appointed by the Governor with the advice and consent of the Senate;

(g)    one member resident in the Seventh Congressional District appointed by the Governor with the advice and consent of the Senate.

The terms of the members must be for four years and until their successors are appointed and qualify except that those originally appointed to the board of regents, four shall serve two years and three shall serve for four years. The length of such terms must be determined by lot. In the case of a vacancy, the vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only. The board of regents, upon being appointed, shall meet and elect a chairman and other officers it considers necessary from its membership."

Heritage Trust Advisory Board, composition

SECTION    22.    Section 51-17-50 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:

"Section 51-17-50.    The Heritage Trust Advisory Board is hereby created to assist the board of the department in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of sixteen members who must be chosen as follows and shall elect from its membership a chairman:

(1)    From the general public, seven persons, one from each congressional district within the State, who must be appointed by the Governor and serve for a term of six years. Of these seven, four persons must be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and three persons must be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term 'expert' does not of necessity denote a professional but one learned and interested in the field.

(2)    From state government, the following persons or their designees:

(a)    the Chairman of the Board of the Department of Natural Resources;

(b)    the Director of the Department of Natural Resources;

(c)    the Director of the South Carolina Department of Parks, Recreation and Tourism;

(d)    the Director of the Land Resources Conservation Districts Division of the Department of Natural Resources;

(e)    the Director of the South Carolina Department of Archives and History;

(f)    the State Forester;

(g)    the State Archeologist;

(h)    the Director of the State Museum; and

(i)        the Secretary of Commerce."

War Between the States Heritage Trust Advisory Board, composition

SECTION    23.    Section 51-18-60 of the 1976 Code, as last amended by Act 273 of 2008, is further amended to read:

"Section 51-18-60.    The War Between the States Heritage Trust Advisory Board is created to assist the commission in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of thirteen members who must be chosen as follows and shall elect from its membership a chairman:

(1)    From the general public, eight persons, one from each congressional district within the State and one at large, who must be appointed by the Governor and serve for a term of six years. These persons must be residents of the State who are recognized experts in the history and archeology of the State who have demonstrated an interest in historical, cultural, and natural preservation of historical sites and who have a background in South Carolina history and/or African-American history and/or Confederate history. The term 'expert' does not of necessity denote a professional but one learned and interested in the field.

(2)    From state government, the following persons or their designees:

(a)    the Chairman of the Board of the Department of Natural Resources;

(b)    the Director of the South Carolina Department of Parks, Recreation and Tourism;

(c)    the Chairman of the Board of the Department of Archives and History;

(d)    the Chairman of the Board of the State Museum Commission; and

(e)    the Curator or Director of the South Carolina Confederate Relic Room and Military Museum."

Legacy Trust Fund Board of Directors, composition, terms of office

SECTION    24.    Section 51-22-30(A) of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"(A)    There is created a seventeen-member board of directors, fifteen of which must be appointed by the Governor. The Governor shall appoint two board members from each congressional district and one board member from the State at large, who shall serve as the chairman. All terms are for four years and members shall serve until their successors are appointed and qualify. In addition, notwithstanding the provisions of Section 8-13-770, the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee, or their designees, shall serve as members of the board. The Governor must exercise due diligence in appointing a chairman and board members with backgrounds and experience in conservation, preservation, or recreation, or a combination of those backgrounds."

Public Service Commission, composition, terms of office

SECTION    25.    Section 58-3-20 of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"Section 58-3-20.    (A)    The commission is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter. Each member must have:

(1)    a baccalaureate or more advanced degree from:

(a)    a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;

(b)    an institution of higher learning that has been accredited by a regional or national accrediting body; or

(c)    an institution of higher learning chartered before 1962; and

(2)    a background of substantial duration and an expertise in at least one of the following:

(a)    energy issues;

(b)    telecommunications issues;

(c)    consumer protection and advocacy issues;

(d)    water and wastewater issues;

(e)    finance, economics, and statistics;

(f)    accounting;

(g)    engineering; or

(h)    law.

(B)    The review committee may find a candidate qualified although the candidate does not have a background of substantial duration and expertise in one of the eight enumerated areas contained in subsection (A)(2) of this section if three-fourths of the review committee vote to qualify the candidate and provide written justification of their decision in the report as to the qualifications of the candidates.

(C)    The qualification provisions of subsection (A) of this section do not apply to the reelection of a commissioner elected by the General Assembly on March 3, 2004, so long as there is no break in service.

(D)(1)    Beginning in 2004, the members of the Public Service Commission must be elected to staggered terms. In 2004, the members representing the Second, Fourth, and Sixth Congressional Districts must be elected for terms ending on June 30, 2006, and until their successors are elected and qualify. Thereafter, members representing the Second, Fourth, and Sixth Congressional Districts must be elected to terms of four years and until their successors are elected and qualify. In 2004, the members representing the First, Third, and Fifth Congressional Districts and the State at large must be elected for terms ending on June 30, 2008, and until their successors are elected and qualify. Thereafter, members representing the First, Third, and Fifth Congressional Districts and the State at large must be elected to terms of four years and until their successors are elected and qualify. Notwithstanding the provisions of this section, members representing the First, Third, and Fifth Congressional Districts shall serve until the expiration of their terms, and in 2013, members representing the First, Third, and Fifth Congressional Districts must be elected for terms ending on June 30, 2016, and until their successors are elected and qualified.

(2)    In the event there are Seven Congressional Districts, the member elected from the State at large shall serve until the expiration of his term, and in 2013, a member representing the Seventh Congressional District must be elected for a term ending on June 30, 2016, and until his successor is elected and qualified. Thereafter, the member representing the Seventh Congressional District must be elected to terms of four years and until his successor is elected and qualified. Upon the election and qualification of the member representing the Seventh Congressional District, the at large member elected to satisfy the requirements of subsection (E) immediately shall cease to be a member of the commission.

(E)    The General Assembly must provide for the election of the seven-member commission and elect its members based upon the congressional districts established by the General Assembly pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members must be elected at large to provide for a seven-member commission. In the event the congressional districts established by the General Assembly are under review by a court for compliance with statutory or constitutional requirements, an election scheduled pursuant to this section shall not be held until a final determination is made by the courts regarding the congressional districts. The inability to hold an election due to judicial review of the congressional districts does not constitute a vacancy on the commission and the commissioners serve until their successors are elected and qualify.

(F)    The Governor may fill vacancies in the office of commissioner until the successor in the office for a full term or an unexpired term, as applicable, has been elected by the General Assembly. In cases where a vacancy occurs on the commission when the General Assembly is not in session, the Governor may fill the vacancy by an interim appointment. The Governor must report the interim appointment to the General Assembly and must forward a formal appointment at its next ensuing regular session."

South Carolina Public Service Authority, composition, terms of office

SECTION    26.    Section 58-31-20(A) of the 1976 Code, as last amended by Act 137 of 2005, is further amended to read:

"(A)    The Public Service Authority consists of a board of twelve directors who reside in South Carolina and who have the qualifications stated in this section, as determined by the State Regulation of Public Utilities Review Committee pursuant to Section 58-3-530(14), before being appointed by the Governor with the advice and consent of the Senate as follows: one from each congressional district of the State; one from each of the counties of Horry, Berkeley, and Georgetown who reside in authority territory and are customers of the authority; and two from the State at large, one of whom must be chairman. Two of the directors must have substantial work experience within the operations of electric cooperatives or substantial experience on an electric cooperative board, including one of the two who must have substantial experience within the operations or board of a transmission or generation cooperative. A director shall not serve as an employee or board member of an electric cooperative during his term as a director. Each director shall serve for a term of seven years, except as provided in this section. At the expiration of the term of each director and of each succeeding director, the Governor, with the advice and consent of the Senate, must appoint a successor, who shall hold office for a term of seven years or until his successor has been appointed and qualified. In the event of a director vacancy due to death, resignation, or otherwise, the Governor must appoint the director's successor, with the advice and consent of the Senate, and the successor-director shall hold office for the unexpired term. A director may not receive a salary for services as director until the authority is in funds, but each director must be paid his actual expense in the performance of his duties, the actual expense to be advanced from the contingent fund of the Governor until the time the Public Service Authority is in funds, at which time the contingent fund must be reimbursed. After the Public Service Authority is in funds, the compensation and expenses of each member of the board must be paid from these funds, and the compensation and expenses must be fixed by the advisory board established in this section. Members of the board of directors may be removed for cause, pursuant to Section 1-3-240(C), by the Governor of the State, the advisory board, or a majority thereof. A member of the General Assembly of the State of South Carolina is not eligible for appointment as Director of the Public Service Authority during the term of his office. No more than two members from the same county may serve as directors at any time."

South Carolina Educator Improvement Task Force, composition

SECTION    27.    Section 59-26-50(a) of the 1976 Code is amended to read:

"(a)    There is created as an agency of state government the South Carolina Educator Improvement Task Force composed of thirteen members. The State Superintendent of Education with the advice and consent of the State Board of Education shall appoint six members, one of whom may be himself, one of whom must be a public school teacher and one of whom must be a public school administrator. The Governor shall appoint seven members, one from each congressional district and not less than two of whom must be employed at state institutions of higher education and not less than one of whom is a member of a local school board. A vacancy must be filled in the manner of the original appointment. The members shall receive per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions to be paid from funds appropriated for the operation of the State Department of Education. Every consideration must be given to insure appropriate racial balance in appointments."

Denmark Technical College Area Commission, composition, terms of office

SECTION    28.    Section 59-53-610 of the 1976 Code is amended to read:

"Section 59-53-610.    There is created the Denmark Technical College Area Commission which shall serve as the governing body of Denmark Technical College. The commission is a body politic and corporate and consists of eight members who must be appointed in the manner pursuant to this section. Two members must be residents of Allendale County who must be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing Allendale County. Two members must be residents of Bamberg County who must be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing Bamberg County. Two members must be residents of Barnwell County who must be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing Barnwell County. Two members must be appointed at large without regard to county of residence by the Governor upon the advice and consent of the Senate. In addition, the member of the State Board for Technical and Comprehensive Education from the Sixth Congressional District is a member of the commission ex officio. The members of the commission must be appointed for terms of four years each and until their successors are appointed and qualify, except that the two at-large members shall serve initial terms of one year each, the two members from Allendale County shall serve initial terms of two years each, the two members from Bamberg County shall serve initial terms of three years each, and the two members from Barnwell County shall serve initial terms of four years each.

A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only. As soon as possible after the initial appointments have been made, the commission shall organize by electing one of its members as chairman, one as vice chairman, and one as secretary. The terms of the initial appointees are extended so that all terms expire on the first of July of the appropriate year."

Division for Review of the Foster Care of Children, composition

SECTION    29.    Section 63-11-700(A) of the 1976 Code is amended to read:

"(A)    There is created, as part of the Office of the Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district, all appointed by the Governor with the advice and consent of the Senate."

South Carolina Children's Trust Fund Board of Directors, composition, terms of office

SECTION    30.    Section 63-11-920 of the 1976 Code is amended to read:

"Section 63-11-920.    There is created the Board of Directors for the Children's Trust Fund of South Carolina composed of seventeen members appointed by the Governor, ten at large from the State from nominees of the Board of Directors of the Children's Trust Fund, plus one from each of the state's congressional districts. Members shall serve for terms of four years and until successors are appointed and qualify. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term.

Members may be paid per diem, mileage, and subsistence as established by the board not to exceed the amounts provided by law for state boards, committees, and commissions. A complete report of the activities of the trust fund must be made annually to the General Assembly."

State Board of Juvenile Parole, composition

SECTION    31.    Section 63-19-610(A) of the 1976 Code is amended to read:

"(A)(1)    There is created the Board of Juvenile Parole. The parole board is composed of seven members appointed by the Governor with the advice and consent of the Senate. In making these appointments, the Governor shall select members who are representative of the racial, gender, and geographical diversity of the State. If a vacancy occurs on the parole board when the Senate is not in session, the Governor may appoint a member to fill the vacancy and the appointee is a de facto member until the Senate acts upon the appointment.

(2)    The Department of Juvenile Justice shall continue to provide to the Board of Juvenile Parole the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."

Legislative findings

SECTION    32.    The General Assembly finds that the sections presented in this act constitute one subject as required by Section 17, Article III of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections on the subject of agencies, boards, commissions, or committees that fall under the jurisdiction of the South Carolina General Assembly, and whose membership is determined by congressional district.

Continuity of service provisions

SECTION    33.    Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy.

Time effective

SECTION    34.    This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2012.

Approved the 26th day of June, 2012.

__________


This web page was last updated on Tuesday, December 10, 2013 at 10:07 A.M.