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AMENDED
February 5, 2008
H. 4514
Introduced by Reps. Shoopman, Loftis, G.R. Smith, Cato, Bedingfield, Haskins, Hamilton, Rice, Allen, F.N. Smith, Taylor, Bannister and Leach
L. Printed 2/5/08--S. [SEC 2/6/08 3:22 PM]
Read the first time January 24, 2008.
TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO ELEVEN MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4 of Act 432 of 1947, as last amended by Act 546 of 1951, is further amended to read:
"Section 4. For the purpose of operating and at all times maintaining adequate hospital facilities for the residents of Greenville County, including those residents of said County who shall reside in the City of Greenville, there is established a Board, to be known as the Greenville General Hospital Board of Trustees. Said Board shall consist of seven (7) members, all of whom shall be qualified electors. Three (3) of said members, designated for convenience as 'City however, the board, in accordance with this item, may enter into joint ventures, partnerships, alliances, networks, and business relationships and organizations with other governmental and nongovernmental Members', shall reside within the corporate limits of the City of Greenville; three (3) of said members, designated for convenience as 'County Members' shall reside within the corporate limits of Greenville County but without the corporate limits of the City of Greenville; and, the seventh member, designated for convenience as 'Member at Large', shall reside within the County of Greenville, either within or without the corporate limits of the City of Greenville. The initial membership of the Board shall consist of the following persons: R.S. Huntington, W.B. Ellis, Jr., and Sidney Bruce as City Members; John Ratteree, Allen League and Charles V. Verner as County Members; and Allen Sibley, as Member at Large, each of whom is found to have the qualifications for membership prescribed by the provisions of this Section. Of the initial Board, two (2) shall have a term ending October 1st, 1949, two shall have a term ending October 1st, 1951, and three shall have a term ending October 1st, 1953. Upon being apprised of the favorable result of the election, required by the provisions of Section 2 hereof, said Board shall meet as soon as may be practicable and organize by electing one of their number as Chairman, a second as Vice-Chairman, and a third as Secretary, whereupon, after the organization of said Board, it shall determine by lot and duration of the term of each member, in order that the requirements of this Section shall be complied with. And, upon the terms of the several members being thus determined, the Secretary of said Board shall certify the same to the Governor of South Carolina, who shall issue commissions to each member for the term required by this Act. A full transcript of the records of the initial organization shall be filed with the Clerk of Court of Greenville County, by the Secretary of said Board, and shall be recorded and indexed by that official. Subsequent terms of office of the members of said Board of Trustees shall be for a term of six (6) years. Vacancies on the Board, either among the initial appointees, or among their successors in office, occurring by reason of death, resignation, refusal to serve or otherwise, shall be for the remainder of the term of the office in which the vacancy shall have occurred. If, upon the expiration of the term of any member of the Board of Trustees, a successor shall not have been appointed, the member whose term has thus expired shall hold over until the appointment and qualification of his successor, but this provision shall not extend the term of the successor beyond the six (6) year period herein provided for. All vacancies shall be filled in the following manner: If the vacancy in office shall be for a "City Member", the remaining members of the Board, or a majority thereof, shall submit a nomination or nominations to the City Council of the City of Greenville for its approval; if the vacancy in office shall be for a "County Member", the remaining members of the Board, or a majority thereof, shall submit a nomination or nominations to the Greenville County Delegation to the General Assembly for its approval; and, if the vacancy in office shall be for the "Member at Large", the remaining members of the Board, or a majority thereof, shall submit a nomination or nominations to the City Council of the General Assembly for their approval. Upon the approval of a majority of the City Council of the City of Greenville, or a majority of the Greenville County Delegation to the General Assembly, as the case may be, or by both in the event the nomination be for the "Member at Large", then the Clerk of City Council, or the Secretary or Acting Secretary of the County Delegation, or both, as the case may be, shall certify their approval to the Governor of South Carolina, who shall commission the nominee for the term provided. By the provisions of this Section. All members of the Board shall service without compensation. Appointments and acceptances thereof shall be duly filed in the office of the Clerk of Court for Greenville County. 'PROVIDED, that from and after the effective date of this proviso, the Greenville General Hospital Board of Trustees shall be enlarged by the addition thereto of three (3) members, viz: Carl Morgan, C.S. Merriner and Waddy R. Thompson. Said additional members shall be members at large and their terms of office shall be to June 30, 1953, and their commissions shall, upon the approval of this proviso be issued by the Governor of South Carolina. They shall have the same duties, powers and authorities as the other seven (7) members of the Board. If any of these additional members shall fail to qualify or accept their appointment or in case a vacancy shall occur among their number, such vacancy or vacancies shall be filled for the unexpired term in like manner as provided above in this Section for the selection of the member at large. At the expiration of the terms of the three (3) additional members provided for in this proviso, the Board of Trustees of said Hospital shall revert to a seven (7) member Board as originally provided for in this Section. (A) For the purpose of operating and at all times maintaining adequate hospital facilities for the residents of Greenville County, including those residents in the City of Greenville and as otherwise provided by law, there is established the Greenville Hospital System Board of Trustees. (B)(1) The board of trustees shall consist of twelve members to be appointed by the Greenville County Legislative Delegation pursuant to this section. All members must be qualified electors. Members filling house district residency seats, as provided for in this subsection, shall, at the time of their appointment and throughout their term of office, reside in a house district, which constitutes part of the specific house district residency seat. Six of the twelve members must be considered as filling house district residency seats, with one seat being filled by a person residing in House District 17 or 18, one residing in House District 19 or 26, one residing in House District 20 or 21, one residing in House District 22 or 24, one residing in House District 23 or 25, and one residing in House District 16, 27, or 28. Six of the twelve members must be at large, at least four of whom must reside in Greenville County, and two of whom may reside within or without Greenville County. Two of the members serving at large and residing in Greenville County must reside in the City of Greenville, but no more than three of the twelve members may reside in the city limits of a single municipality; provided, however, that four members may reside in the city limits of a single municipality during the period ending October 1, 2011, in which the members specified in subsection (D) shall continue to serve. Appointment of at-large members who are residents of the City of Greenville must be submitted for review by the City of Greenville as provided in subsection (B)(3)(a). Members shall represent all communities served by the Greenville Hospital System regardless of residency and shall make decisions in the best interests of the Greenville Hospital System as a whole and all those it serves.
(2) Members shall serve terms of six years, which expire on October first of the appropriate year, and until their successors are appointed and qualify; however, under no circumstance may a member continue to serve longer than six months after the expiration of his term. Members may not serve more than one six-year term, except that a member who fills a partial term of less than three years or the term provided for in subsection (E)(3) may be reappointed to serve one six-year term. If the Greenville County Legislative Delegation has not filled a seat within six months of the expiration of the term, the member serving in that seat shall cease serving and the seat is vacant until filled in accordance with this section. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Appointments must be filed in the office of the Clerk of Court for Greenville County, who shall certify their appointment to the Governor of South Carolina, who shall commission the member for the term provided.
(3)(a) The board of trustees shall publicize vacancies, and recommendations may be made to the board from any individual, organization, or group. The board shall submit at least two nominees for each vacancy to the Greenville County Legislative Delegation, except as provided for in subsection (B)(3)(b). The board shall provide the legislative delegation with biographical information on the nominees and must be available to discuss the recommendations and shall make the nominees available, if requested by the legislative delegation, to meet with the delegation. The legislative delegation with a quorum present and by majority-weighted vote shall select one nominee from the nominees submitted for each vacancy. However, if after the board has submitted its initial nominees, the delegation requests additional nominees, the board has one hundred twenty days to submit the additional nominees. If the board does not submit additional nominees within one hundred twenty days of the request, the legislative delegation has sixty days to appoint qualified members to fill the vacancy without considering nominations from the board. If the board does submit one additional set of nominees within the one hundred twenty days and the delegation does not select one of the nominees, the delegation has sixty days to appoint qualified members to fill the vacancy without considering the nominations from the board. An individual selected by the delegation to fill the seat of an at-large member who is a resident of the City of Greenville must be submitted by the legislative delegation to the City Council of the City of Greenville for concurrence, and the city council shall act timely on the request for concurrence. If the city council does not concur in the appointment, the board must submit two nominees to the legislative delegation to fill the seat and the legislative delegation shall select from the nominees another individual and submit that nominee to the City of Greenville for concurrence. All recommendations, nominations, and appointments to the board shall take into account race, gender, expertise, and other qualifications as may be pertinent to service on the board so that such members are mindful, to the greatest extent possible, of the needs of all segments of the population of Greenville County and those served by the Greenville Hospital System.
(b) Notwithstanding the provisions of subsection (B)(3)(a) requiring the board to submit two nominees to the Greenville County Legislative Delegation for each vacancy, when the term expires of a member serving an unexpired portion of a term of less than three years, the board may elect to nominate only that member to fill the vacancy occurring at the expiration of the member's partial term.
(C)(1) The board shall elect from among its members a chairman, vice chairman, and secretary.
(2) Members shall serve on the board of trustees without compensation.
(D) Members serving on this act's effective date shall continue to serve until their terms expire and until their successors are appointed and qualify. The House District Residency Seat for House District 20 or 21 initially must be filled by Mr. Frank Landgraff, a currently serving member whose term will expire October 1, 2009. The House District Residency Seat for House District 22 or 24 initially must be filled by Mr. Harry Chapman, a currently serving member whose term will expire October 1, 2011. An at-large seat initially must be filled by Ms. Frances Ellison, a currently serving member whose term will expire October 1, 2011. An at-large seat initially must be filled by Mr. Jack Shaw, a currently serving member whose term will expire October 1, 2009. An at-large seat must be filled by Ms. Rita McKinney, who had been approved by the City of Greenville but who had not been commissioned by the Governor, for a term to expire October 1, 2011. On the expiration of these members' terms, new members must be appointed in accordance with this section for one six-year term to fill the vacancies created by the expiration of these terms.
(E)(1) In addition to the members provided for in subsection (D), these new members must be appointed in 2008:
(a) new members whose terms expire October 1, 2013:
(i) the member residing in House District 17 or 18;
(ii) the member residing in House District 19 or 26;
(iii) the member residing in House District 23 or 25; and
(iv) the member residing in House District 16, 27, or 28;
(b) one new at-large member whose term expires October 1, 2011;
(c) two new at-large members whose terms expire October 1, 2009.
(2) On the expiration of the members' terms appointed pursuant to item (a) or (b) of subsection (E)(1), new members must be appointed in accordance with this section for one six-year term to fill the vacancies created by the expiration of these terms.
(3) Of the members appointed pursuant to subsection (E)(1), only the two members appointed pursuant to item (c) of subsection (E)(1) may be reappointed to serve one six-year term. If the board wishes to reappoint the member appointed pursuant to item (c) of subsection (E)(1), the board may elect to nominate only that one person to fill the vacancy in that at-large seat for one six-year term."
SECTION 3. Section 1 of Act 432 of 1947 is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
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