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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 20, 2008
S. 1058
Introduced by Senators Hayes, Courson, Lourie, Short, Sheheen and Ceips
S. Printed 5/20/08--S.
Read the first time January 31, 2008.
TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 17, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 164 of 2005, is further amended to read:
Section 20-7-5010. (A) There is established the Children's Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be used to award grants to private nonprofit organizations and qualified state agencies in order to stimulate a broad range of innovative:
(1) child abuse and neglect prevention programs to meet critical needs of South Carolina's children; or
(2) programs that enhance or promote the adoption of special needs children in state custody.
(B) The trust fund must accept gifts, bequests, and grants from any person or foundation. The trust fund must supplement and augment but not take the place of services provided by state agencies. A state agency is eligible to receive funds under this article only when the state agency:
(1) proposes a program that meets grant qualifications under this article, and
(2) provides matching funds in an amount at least equal to the grant to maximize the effectiveness of the grant.
(C) The board of trusteesdirectors for the trust fund shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
Section 20-7-5020. There is created the Board of TrusteesDirectors for the Children's Trust Fund of South Carolina composed of nineseventeen members appointed by the Governor with the advice and consent of the Senate, eleven 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. The Governor shall give consideration to recommendations for appointment made by the Joint Legislative Committee on Children. One member must be appointed from each congressional district of the State, and three membersMembers must be appointed at largeshall serve for terms of four years and until successors are appointed and qualify, except members appointed from even-numbered congressional districts and one at-large member must be initially appointed for terms of two years only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer.
Three members must be knowledgeable in banking, finance, investments, tax laws, or business. Three members must be knowledgeable in the organization and administration of volunteer community services and grant administration. Three members must be knowledgeable in child development, child health, child psychology, education, juvenile delinquency, or other related field.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standardsthe 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.
Section 20-7-1530. To carry out its assigned functions, the board is authorized, but not limited to:
(A)(1) assess the critical needs for:
(1) child abuse and neglect prevention, and
(2) special needs children in state custody whose plan is adoption, and in cooperation with state agencies, establish priorities, and develop goals and objectives for the trust fund;
(B)(2) receive gifts, bequests, and devises for deposit and investment into the trust fund and to award grants to private nonprofit organizations and state agencies that meet certain qualifications;
(C)(3) invest trust fund monies;
(D)(4) solicit proposals for programs which will be aimed at meeting identified child abuse and neglect prevention needs or assisting in the adoption of special needs children in state custody;
(E)(5) provide technical assistance to private, nonprofit organizations, when requested, in preparing proposals for submission to the trust fund;
(F)(6) establish criteria for awarding of grants for child abuse and neglect prevention or to assist in the adoption of special needs children in state custody which shall include the consideration of at least:
(1)(a) the priority of the service need that the proposal addresses;
(2)(b) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(3)(c) a cost-benefit analysis of the project;
(4)(d) the degree of community support for the proposal;
(5)(e) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not required;
(6)(f) the qualifications of employees to be hired under the grant;
(7)(g) the experience of the proposed project administrators in providing on going accountability for the program.;
(G)(7) enter into contracts for the awarding of grants to private, nonprofit organizations for child abuse and neglect prevention or to assist in the adoption of special needs children in state custody.
Section 20-7-5040. The board of trusteesdirectors may employ a director and other staff as necessary to carry out the duties and responsibilities assigned by the board.
Section 20-7-5050. The amount deposited in the trust fund from contributions plus all earnings from the investment of monies of the trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon the authorization of the board of trusteesdirectors.
At least sixA quorum of the board members mustis necessary to authorize the disbursement of funds.
Section 20-7-5060. Funds from the receipt of contributions pursuant to Section 12-7-2416 must be deposited in the trust fund for disbursement as prescribed by this article."
SECTION 2. Section 6-29-1330(B) of the 1976 Code is amended to read:
"(B) The advisory committee consists of five members appointed by the Governor with the advice and consent of the Senate. The advisory committee consists of:
(1) a planner recommended by the South Carolina Chapter of the American Planning Association;
(2) a municipal official or employee recommended by the Municipal Association of South Carolina;
(3) a county official or employee recommended by the South Carolina Association of Counties;
(4) a representative recommended by the University of South Carolina's Institute for Public Service and Policy Research; and
(5) a representative recommended by Clemson University's Department of Planning and Landscape Architecture. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. If the Governor rejects any person recommended for appointment or the Governor's appointment is not confirmed by the Senate, the group or association who recommended the person must submit additional names to the Governor for consideration."
SECTION 3. Section 13-7-840 of the 1976 Code is amended to read:
"Section 13-7-840. The council shall consist of nine members. One at-large member shall be appointed by the Speaker of the House of Representatives and one at-large member shall be appointed by the President of the Senate. Seven members shall be appointed by the Governor with the advice and consent of the Senate as follows: Two shall be actively involved in the area of environmental protection; one shall have experience in the generation of power by nuclear means; one shall have experience in the field of nuclear activities other than power generation; two shall be scientists or engineers from the faculties of institutions of higher learning in the State; and one shall be from the public at large. The terms of the members of the council appointed by the Governor shall be coterminus with that of the appointing Governor, but they shall serve at the pleasure of the Governor.
Vacancies of the council shall be filled in the manner of the original appointment."
SECTION 4. Section 16-3-1160 of the 1976 Code is amended to read:
"Section 16-3-1160. There is created a board to be known as the South Carolina Crime Victim's Advisory Board to consist of eleven members to be appointed by the Governor with the advice and consent of the Senate. Of the original seven members, at least two of the members shall have been admitted to practice law in this State for not less than five years next preceding their appointment, one member shall be a physician licensed to practice medicine under the laws of this State, and one member shall have at least four years administrative experience in a court-related Victim's Assistance Fund, provided that such a qualified person is available. Of the four additional members, one must be a law enforcement officer with at least five years administrative experience, one shall have at least five years experience in directing sexual assault prevention or treatment services, one shall have at least five years experience in providing services for domestic violence victims, and one shall have been a victim of crime.
The term of office of each appointed member is five years and until his successor is appointed and qualified. Of those seven members first appointed, two shall serve for a term of one year, two for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, with the initial terms to be designated by the Governor when making the initial appointments. The initial terms of four additional members to be appointed as provided herein are for two, three, four, and five years respectively, the initial term of each member to be designated by the Governor when making the appointment. The Governor shall select a chairman. The Board may elect a secretary and other officers as deemed necessary.
Any vacancy must be filled for the remainder of the unexpired term by appointment in the same manner of the initial appointments.
The Board shall meet at least twice each year and must be subject to the call of the Chairman, to consider improvements in and monitor the effectiveness of the Victim's Compensation Fund, and to review and comment on the budget and approve the regulations pertaining to the Victim's Compensation Fund of this article and the Victim/Witness Assistance Program of Article 14 of this chapter. The members of the Board shall receive the same subsistence, mileage, and per diem as is provided by law for members of state boards, committees, and commissions, to be paid from the Victim's Compensation Fund as created by this article."
SECTION 5. Section 40-25-40(C) of the 1976 Code is amended to read:
"(C) Members of the commission in subsection (B)(1)(a) through (d) must be appointed by the Governor with the advice and consent of the Senate. Before appointing the member in subsection (B)(1)(d) the Governor shall invite recommendations from the South Carolina Hearing Aid Society, the Commission on Aging, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of each member is four years. Before a member's term expires the Governor, with the advice and consent of the Senate, shall appoint a successor to assume his duties at the expiration of the term. A vacancy must be filled in the manner of the original appointment. The members annually shall designate one member as chairman and another as secretary. No member of the commission who has served two or more full terms may be reappointed until at least one year after the expiration of his most recent full term of office."
SECTION 6. Section 40-30-40(A) of the 1976 Code is amended to read:
"(A) There is created the Advisory Panel for Massage/Bodywork under the Department of Labor, Licensing and Regulation. The advisory panel consists of five members appointed by the Governor with the advice and consent of the Senate. The members of the advisory panel must be licensed massage/bodywork therapists and must have been engaged in the practice of massage/bodywork for not fewer than three consecutive years before appointment to the advisory panel and must be appointed by the Governor. Each advisory panel member must be a high school graduate or shall have received a graduate equivalency diploma. Each advisory panel member must be a citizen of the United States and a resident of this State for not fewer than five years."
SECTION 7. Section 43-21-10 of the 1976 Code is amended to read:
"Section 43-21-10. There is created in the Office of the Governor, 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 Governor shall appoint the members of the council, upon the advice and consent of the Senate. 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 8. Section 48-21-20(b) of the 1976 Code is amended to read:
"(b) The council shall be composed of eleven members. One member shall be the State Geologist and one member shall be the Secretary of Commerce or his Designee. Three members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of mining industries; three members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of nongovernmental conservation interests; two members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of the Department of Health and Environmental Control who shall be knowledgeable in the principles of water and air resources management; and one member, appointed by the Governor, shall be his official representative to the Interstate Mining Compact Commission. Any public official appointed to the council shall serve ex officio. The term of office for the Secretary of Commerce or his designee and the Governor's official representative to the Interstate Mining Compact Commission shall be coterminous with that of the Governor. Of the remaining eight members appointed by the Governor, six shall be appointed for terms of six years, two shall be appointed for terms of two years and beginning July 1, 1976, the term of office for all new appointments and reappointments to these eight positions shall be for four years. The term of each member of the council shall expire on June thirtieth of the year in which his term expires. Any vacancy occurring on the council by death, resignation or otherwise shall be filled for the unexpired term of the person creating the vacancy by the Governor."
SECTION 9. Section 48-45-80 of the 1976 Code is amended to read:
"Section 48-45-80. There is hereby created an advisory committee to the Consortium Director to consist of seven members who shall serve for terms of four years and until their successors are appointed and qualified. Four members must be appointed by the Governor with the advice and consent of the Senate. The chairmen of the Senate Fish, Game and Forestry Committee, House Agriculture and Natural Resources Committee, and Department of Natural Resources Board shall each appoint one member upon the recommendation of a majority of the members of their respective committees and commission. The four members appointed by the Governor must be residents of coastal counties, no more than one from each county, and two must be associated with the commercial fishing industry."
SECTION 10. Section 49-23-60(A)(2) of the 1976 Code is amended to read:
"(2) a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor with the advice and consent of the Senate to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, commissions of public works, power generation facilities, special purpose districts and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response only upon consultation with the appropriate local committee in the impacted drought management area during moderate, severe and extreme drought declarations. The Governor shall appoint the chair of the Drought Response Committee. The department shall provide administrative support."
SECTION 11. Section 51-13-1720 of the 1976 Code is amended to read:
"Section 51-13-1720. The Authority shall be governed by a board of regents consisting of nine 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 situate 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.
The terms of the members shall 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 shall be determined by lot. In the case of any vacancy, the vacancy shall 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 such other officers as it deems necessary from its membership."
SECTION 12. Section 51-18-40 of the 1976 Code is amended to read:
"Section 51-18-40. There is created a War Between the States Heritage Trust Commission which must consist of nine members. Three members must be appointed from the Senate by the President Pro Tempore of the Senate; three members must be appointed from the House of Representatives by the Speaker of the House; and three members must be appointed by the Governor with the advice and consent of the Senate, one at the recommendation of War Between the States historical groups such as Sons of Confederate Veterans and Daughters of the Confederacy, one at the recommendation of African-American historical groups such as Avery Institute, and one from historical, preservation, and archeological groups such as the South Carolina Historical Society and Daughters of the American Revolution. The terms of the members shall be coterminous with the term of their appointing authority. The commission shall elect a chairman from among its membership and such other officers as it shall deem necessary."
SECTION 13. Section 51-18-60 of the 1976 Code is amended to read:
"Section 51-18-60. The War Between the States Heritage Trust Advisory Board is hereby created to assist the commission in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of eleven members who shall be chosen as follows and shall elect from its membership a chairman:
(1) From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor with the advice and consent of the Senate and serve for a term of six years. These persons shall 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 Confederate Relic Room.
Provided, however, of the initial appointees under this section, that of the six persons appointed under item (1) above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years."
SECTION 14. Section 57-23-60 of the 1976 Code is amended to read:
"Section 57-23-60. There is created a Scenic Highways Committee composed of eleven members as follows:
(1) the Secretary of the Department of Transportation or the secretary's designee;
(2) the Chairman of the South Carolina Department of Parks, Recreation and Tourism Commission or the chairman's designee;
(3) two representatives of the outdoor advertising industry who are active members of an organization such as the Outdoor Advertising Association of South Carolina;
(4) a representative of the South Carolina hotel and motel industry;
(5) a representative of the agricultural industry who is active in an organization such as the State Farm Bureau;
(6) a representative of the petroleum marketing industry;
(7) a representative of the tourism industry in South Carolina;
(8) a representative of highway beautification efforts, such as South Carolina Clean and Beautiful;
(9) a representative involved with parks and recreation, such as the South Carolina Recreation and Parks Association;
(10) a member of the general public.
All members of the committee shall serve for a term of two years and, with the exception of the appointments made pursuant to items (1) and (2), all appointments must be made by the Governor with the advice and consent of the Senate. Members of the committee shall serve without compensation or reimbursement."
SECTION 15. The members of the governing board of the South Carolina Children's Trust Fund serving on the effective date of this act shall continue to serve until the expirations of their terms, after which their successors must be appointed pursuant to Section 20-7-5020 of the 1976 Code, as amended by this act. In appointing the eight additional at-large directors provided pursuant to this act, four must be appointed for initial terms of two years and until their successors are appointed and qualify. The Governor shall note the terms on the appointment.
SECTION 16. This act takes effect upon approval by the Governor.
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