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COMMITTEE REPORT
February 13, 2002
H. 4475
Introduced by Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J.E. Smith and Bingham
S. Printed 2/13/02--S.
Read the first time January 24, 2002.
To whom was referred a Bill (H. 4475) to amend the Code of Laws of South Carolina, 1976, by adding Section 8-1-210 so as to require all state boards and commissions to provide prompt written notification of all membership changes, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 20, SO AS TO REQUIRE BOARDS AND COMMISSIONS TO REPORT RESIGNATIONS AND VACANCIES AS WELL AS THE NAMES OF NEW MEMBERS TO THE SECRETARY OF STATE WITHIN TWO WEEKS OF THE APPOINTMENT, ELECTION, OR VACANCY; AND TO AMEND SECTION 1-5-40, RELATING TO THE DUTIES OF THE SECRETARY OF STATE, SO AS TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN AS A PUBLIC RECORD THE INFORMATION RECEIVED FROM STATE BOARDS AND COMMISSIONS CONCERNING THEIR MEMBERSHIPS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 1 of the 1976 Code, is amended by adding:
Section 1-1-1310. Each state board and commission must send written notification to the Secretary of State's Office of any appointment, election, resignation, or vacancy in the membership of its board or commission. The notification must be sent within two weeks of the appointment, election, resignation, or vacancy and must include:
(1) the governing statute or Executive Order authorizing the appointment or election;
(2) the board or commission's address, phone number, fax number, and e-mail address, if any;
(3) the member's name;
(4) the member's district, circuit, seat, or position, if applicable;
(5) when the member's term begins and ends;
(6) the qualifications for membership on the board or commission and any specific requirements for the member's position;
(7) whether the member is eligible to receive compensation for his service;
(8) the name of the former member; and
(9) in the case of an appointment or election, whether it is a reappointment or reelection of an incumbent."
SECTION 2. Section 1-5-40 of the 1976 Code, is amended to read:
"Section 1-5-40. (A) The office of Secretary of State is designated as the state office whose responsibility it is to monitor positions on the state boards and commissions specified in this subsection and any elected or appointed state boards and commissions established after the effective date of this section. The dates of the term terms of office for appointments to boards and commissions made with the advice and consent of the Senate shall be are the dates as certified to the Secretary of State by the Senate. The dates of the terms of office for all other elected or appointed boards and commissions shall be are the date dates certified to the Secretary of State by the Governor for his direct appointments and the dates for the terms of office for members of
boards and commissions elected by the General Assembly shall be the dates as certified to the Secretary of State by the clerks of the two houses. The specified boards and commissions referred to in this subsection are:
(1) Accountancy, Board of
(2) Aging, Division on Advisory Council
(3) Agriculture Commission
(4) Architectural Examiners, State Board of
(5) Arts Commission
(6) Athletic Commission
(7) Auctioneer's Commission
(8) Barrier-Free Design, Board for
(9) Blind, Commission for the
(10) Builders Commission, Residential
(11) Building Code Council
(12) College of Charleston Board of Trustees
(13) Children's Trust Fund Board of Trustees
(14) Children, Foster Care Review Board
(15) Chiropractic Examiners, State Board of
(16) The Citadel Board of Visitors
(17) Clemson University Board of Trustees
(18) Coastal Carolina University Board of Trustees
(19) Consumer Affairs, Commission on
(20) Contractors' Licensing Board
(21) Cosmetology, State Board of
(22) Professional Counselors, Associate Counselors and Marital and Family Therapists, State Board of Examiners
(23) Deaf and Blind, School for the
(24) Dentistry Board
(25) Disabilities and Special Needs Commission
(26) Education, State Board of
(27) Education Board, Southern Regional
(28) Education Council
(29) Educational Television Commission
(30) Election Commission
(31) Employment Security Commission
(32) Registration for Professional Engineers and Land Surveyors
(33) Environmental Certification Board
(34) Ethics Commission
(35) Financial Institutions, Board of
(36) Fisheries Commission, Atlantic States Marine
(37) Office of General Services, State Fleet Management
(38) Forestry Commission
(39) Francis Marion University Board of Trustees
(40) Funeral Service Board
(41) Geologists, Board of Registration for
(42) Governor's Mansion and Lace House Commission
(43) DHEC
(a) Board of Health and Environmental Control
(b) Office of Ocean and Coastal Resource Management Board
(44) Higher Education Commission
(45) Holocaust, Council on the
(46) Housing, Finance and Development Authority
(47) Human Affairs Commission
(48) Indigent Defense, Commission on
(49) Intergovernmental Relations, Advisory Commission on
(50) Jobs and Economic Development Authority
(51) John de la Howe School
(52) Judicial Merit Selection Commission
(53) Juvenile Justice, Dept. of, Board of Juvenile Parole
(54) Lander University Board of Trustees
(55) Law Examiners Board
(56) Legislative Audit Council
(57) Library Board
(58) Liquefied Petroleum Gas Board
(59) Long Term Health Care Administrators, Board of
(60) Manufactured Housing Board
(61) Maternal, Infant and Child Health, Council on
(62) Medical Examiners, Board of
(63) Medical University of South Carolina Board of Trustees
(64) Mental Health, State Department of, Commission
(65) Migrant Farm Workers Commission
(66) Mining Council
(67) Minority Affairs, Commission for
(68) Museum Commission
(69) Natural Resources, Department of
(a) Natural Resources Board
(b) Heritage Trust Advisory Board
(70) Nuclear Advisory Council
(71) Nursing, Board of
(72) Occupational Health and Safety Review Board
(73) Occupational Therapy, Board of
(74) Old Exchange Building Commission
(75) Opportunity School, Wil Lou Gray Board of Trustees
(76) Opticianry, Board of Examiners in
(77) Optometry, Board of Examiners in
(78) Patriots Point Development Authority
(79) Pharmacy, Board of
(80) Physical Therapy Examiners, State Board of
(81) Podiatry Examiners, Board of
(82) Ports Authority Board
(83) Prisoner of War Commission
(84) Probation, Parole, and Pardon Services, Board of
(85) Prosecution Coordination, Commission on
(86) Psychology, Board of Examiners in
(87) Public Service Authority, Board of Directors
(88) Public Service Commission
(89) Pyrotechnic Safety, Board of
(90) Radiation Control Technical Advisory Council
(91) Real Estate Commission
(92) Real Estate Appraisers Board
(93) Reorganization Commission
(94) Salary, Executive and Performance Evaluation Commission
(95) Social Work Examiners, Board of
(96) South Carolina State University Board of Trustees
(97) Speech-Language Pathology and Audiology, Board of Examiners
(98) Tax Board of Review
(99) Technical and Comprehensive Education, Board for
(100) Transportation Department Commission
(101) University of South Carolina Board of Trustees
(102) Veterinary Medical Examiners, Board of
(103) Vocational Rehabilitation, Board of
(104) Winthrop University Board of Trustees
(105) Women, Governor's Office, Commission on
(106) Workers' Compensation Commission
(B) The Secretary shall must keep in a public record available for inspection an up-to-date compilation of the membership of the boards and commissions listed in subsection (A) and information about the memberships received from state boards and commissions pursuant to Section 1-1-1310 so that members of the General Assembly and interested citizens may be informed of the current composition of these boards and commissions. This compilation must include:
(1) length of term for each office;
(2) the month and year in which terms have expired or will expire;
(3) terms which have expired;
(4) vacancies;
(5) the body or authority which elects or appoints, as appropriate; and
(6) any qualifications including, but not limited to, residency requirements or limitations required for a particular vacancy.; and
(7) any additional information received from state boards or commissions as required by Section 1-1-1310.
(C) The Secretary shall must publicize vacancies, expired terms, and those terms expiring within one year on a semiannual basis statewide."
SECTION 3. On or before July 1, 2002, each state board and commission must send written notification to the Secretary of State's Office of the membership of its board or commission in order to provide the Secretary of State's Office with an up-to-date listing.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
THOMAS L. MOORE for Committee.
EXPLANATION OF IMPACT:
The Secretary of State's Office has indicated there would be a minimal impact on the General Fund of the State, which can be absorbed by the agency at their current level of funding. There would be no fiscal impact on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND COMMISSIONS TO PROVIDE PROMPT WRITTEN NOTIFICATION OF ALL MEMBERSHIP CHANGES TO THE SECRETARY OF STATE AND TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE CURRENT MEMBERSHIP OF EVERY STATE BOARD AND COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-1-210. (A) Every state board and commission must forward written notification to the Secretary of State's office of the appointment or election of any person to their board or commission. The notification must be sent within two weeks after confirmation of appointment or election and must include the governing statute or executive order authorizing the appointment or election, the member's name, address, phone number, any e-mail and fax, district, circuit, seat or position, if applicable, when his term begins and ends, and the name of the former member or whether a reappointment or re-election of incumbent.
(B) Every state board and commission must provide written notification to the Secretary of State's office of the name of any person who resigns from the membership on that board or commission, or of vacancies that occur on that board or commission for any other reason. This written notice must be sent within two weeks of the vacancy and must include the name of the person vacating the position, the district, circuit, seat or position requirements, qualifications, and whether the position is a paid position.
(C) The Secretary of State's office must maintain for public inspection a record of the current membership of every state board and commission, including the information specified in subsections (A) and (B)."
SECTION 2. This act takes effect upon approval by the Governor.
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