Indicates Matter Stricken

Indicates New Matter

Committee Report

February 15, 2023

H. 3802

Introduced by Rep. B. J. Cox

S. Printed 02/15/23--H.

Read the first time January 25, 2023

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The committee on House Medical, Military, Public and Municipal Affairs

To who was referred a Bill (H. 3802) to amend the South Carolina Code of Laws by enacting the "Veterans' Trust Fund" by amending Section 25-21-20, relating to establishment of board of trustees, membership, etc., respectfully

Report:

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, SECTION 1, by striking Section 25-21-20(A) and inserting:

   (A) There is created the Board of Trustees for the Veterans' Trust Fund of South Carolina composed of nineteen eleven voting members. The Governor, with the advice and consent of the Senate, shall appoint the board consisting of seven members from the State at large, two members currently serving as county veterans affairs officers, and two members representing veterans' service organizations. Of the eleven appointed members, at least six must be United States Armed Forces veterans. Any veteran who serves on the board, must have been honorably discharged from the armed services. The Secretary of the Department of Veterans' Affairs shall serve as the executive director of the trust fund and an ex officio nonvoting member of the board. The board shall utilize the staff of the Veterans' Affairs Department in order to carry out its duties, as provided in Section 25-21-30. One member of the board of trustees must be the Director of the Department of Veterans' Affairs. The Governor, with the advice and consent of the Senate, shall appoint individuals to fill the remaining positions on the board of trustees. Of the eighteen remaining positions filled by gubernatorial appointment, four must be county veterans' affairs officers and five must represent veterans' service organizations. At least eleven of the members of the board of trustees must be United States Armed Forces veterans who were honorably discharged; the remaining members are not required to be veterans; however, if any are veterans, they also must have been honorably discharged from the armed services. The members of the board shall elect officers from among themselves as necessary and shall utilize the staff of the Veterans' Affairs Department in order to carry out its duties, as provided in Section 25-21-30.

Renumber sections to conform.

Amend title to conform.

SYLLESTE DAVIS for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill reduces the number of board members on the Board of Trustees for the VTF of South Carolina from nineteen to eleven voting members. Secondly, this bill adds that the Governor, with the advice and consent of the Senate, shall appoint the board and outlines the requirements for those appointees, to include that at least four members must be honorably discharged US Armed Forces veterans. This bill also establishes a four-year term and conditions that no member may serve the greater of two consecutive terms or eight continuous years.

DVA is responsible for administering assistance to the Board of Trustees for the VTF. Currently DVA's budget does not include any funding for the VTF. Therefore, there will be no expenditure impact to the DVA.

FRANK A. RAINWATER, Executive Director

Revenue and Fiscal Affairs Office

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "VETERANS' TRUST FUND" BY AMENDING SECTION 25-21-20, RELATING TO ESTABLISHMENT OF BOARD OF TRUSTEES, MEMBERSHIP REQUIREMENTS, TERM AND COMPENSATION, AND ANNUAL REPORTS, SO AS TO REDUCE THE NUMBER OF BOARD MEMBERS FROM NINETEEN TO ELEVEN; TO PROVIDE FOR APPOINTMENT OF THOSE MEMBERS BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO PROVIDE REQUIREMENTS FOR THE APPOINTMENT OF THE MEMBERS; AND TO ESTABLISH A FOUR-YEAR TERM.

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

SECTION 1.   Section 25-21-20 of the S.C. Code is amended to read:

   Section 25-21-20.   (A) There is created the Board of Trustees for the Veterans' Trust Fund of South Carolina composed of nineteen eleven voting members. The Governor, with the advice and consent of the Senate, shall appoint the board consisting of one member from each congressional district of the State, two members from the State at large, and two members who represent veterans' service organizations. Of the eleven appointed members, at least four must be United States Armed Forces veterans. Any veteran who serves on the board, must have been honorably discharged from the armed services. The Secretary of the Department of Veterans' Affairs shall serve as the executive director of the trust fund and an ex officio nonvoting member of the board. The board shall utilize the staff of the Veterans' Affairs Department in order to carry out its duties, as provided in Section 25-21-30. One member of the board of trustees must be the Director of the Department of Veterans' Affairs. The Governor, with the advice and consent of the Senate, shall appoint individuals to fill the remaining positions on the board of trustees. Of the eighteen remaining positions filled by gubernatorial appointment, four must be county veterans' affairs officers and five must represent veterans' service organizations. At least eleven of the members of the board of trustees must be United States Armed Forces veterans who were honorably discharged; the remaining members are not required to be veterans; however, if any are veterans, they also must have been honorably discharged from the armed services. The members of the board shall elect officers from among themselves as necessary and shall utilize the staff of the Veterans' Affairs Department in order to carry out its duties, as provided in Section 25-21-30.

   (B) Individuals appointed by the Governor from each of the congressional districts shall serve four-year terms, and the remaining initial appointees shall serve two-year terms. Upon the expiration of the terms of those members initially appointed, the term of office for the members of the board is four years, and until their successors are appointed and qualify. Members may succeed themselves; however, no member may serve more than two consecutive terms or eight continuous years, whichever is greater. A member shall not serve on the board in a hold-over capacity at the conclusion of his term for more than 180 days. Vacancies on the board must be filled in the same manner as the initial appointment for the unexpired term. at the pleasure of the Governor and may be removed by the Governor at any time.

   (C) Members of the board who are not full-time employees of the State of South Carolina or any of its political subdivisions may be paid per diem, mileage, and subsistence at rates established by the board, not to exceed standards provided by law for state boards, commissions, and committees. Per diem, mileage, and subsistence may be paid to members of the board only for travel and costs incurred due to meetings of the board.

   (D) A complete report of the activities of the Veterans' Trust Fund must be made to the General Assembly annually.

SECTION 2.   This act takes effect upon approval by the Governor.

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