Reference is to Printer's Date 2/23/12-S.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS at the end to read:
/ SECTION ___. 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 hereby created a Commission on Women to be
composed of fifteen 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
shallmust 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 shallmust 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 shallmust
be filled in the manner of the original appointment for the
unexpired portion of the term only. No member
shallmust be eligible to serve more than
two consecutive terms."
SECTION ___. Section 6-19-30 of the 1976 Code is amended to read:
"Section 6-19-30.
The fund for suchthese grants
shallmust be from either revenue-sharing
trust funds or from general appropriations to the Department of
Health and Environmental Control, which shall administer
suchthe 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 six 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
thereofof DHEC, shall serve ex officio
as a member of the committee. The Governor may invite
anya director, or his
representative, from anyan agency
providing water and sewer funds to serve as an advisory
nonvoting member to the committee. Of those initially appointed
by the Governor and serving on April 1, 1975, the members
representing the third and sixth districts shall serve until
June 30, 1977, the members representing the second and fourth
districts shall serve until June 30, 1978, and the members
representing the first and fifth districts shall serve until
June 30, 1979. Thereafter all members
shallmust be appointed for terms of
three years. In the event of a vacancy a successor
shallmust 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-chairmanvice chairman, secretary,
and such other officers as it
may deem desirable. The advisory committee shall select the
projects to be funded in accordance
withpursuant to Section 6-19-40. Funds
may 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
shallmust be made only for water supply
and waste water facilities projects on which construction was
not commenced before April 1, 1974."
SECTION ___. Section 13-1-1050(B) of the 1976 Code, as added by Act 11 of 2005, is amended to read:
"(B) The terms of
the initial members of the commission appointed from
congressional district are as follows:
(1)
commission members appointed to represent congressional
district one and two, two years;
(2)
commission members appointed to represent congressional
district three and four, three years;
(3)
commission members appointed to represent congressional
district five and six, four years.;
(4)
the commission member appointed to represent
congressional district seven, four years."
SECTION ___. Section 13-17-40(A) of the 1976 Code, as last amended by Act 319 of 2006, is further amended to read:
"(A)(1) The SCRA
shall consist of a board of twenty- four
twenty-five 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's designee, Chairman of the Senate
Finance Committee's 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 eleven 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. The
original elected trustees must be the same members serving as
elected trustees on the board on January 1, 2005. Each of the
Congressional Districts of South Carolina has at least one of
the ten eleven 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."
SECTION ___. Section 24-21-10(B) of the 1976 Code, as last amended by 273 of 2010, is further amended to read:
"(B) The Board of
Probation, Parole and Pardon Services is composed of
seven eight members. The terms of
office of the members are for six years. Six
Seven of the seven eight members
must be appointed from each of the congressional districts and
one member must be appointed at large. The at-large 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."
SECTION __. 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 members of the Senate members representing
the congressional district involved and a majority of
the members 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, except that the initial members from the first,
third, and fifth congressional districts shall serve for terms
of two years. Vacancies must be filled by the Governor
for the remainder of an unexpired term."
SECTION ___. Section 40-57-40(A) of the 1976 Code is amended to read:
"(A) The South
Carolina Real Estate Commission consists of nine members elected
or appointed as follows:
(1)
Six Seven members who are
professionally engaged in the active practice of real estate,
one elected from each of the six seven
congressional districts by a majority of House and Senate
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 eight elected and appointed
members shall elect from the State at large, one additional
member who must be in the active practice of real
estate."
SECTION ___. Section 40-59-10(A) of the 1976 Code is amended to read:
"(A) There is
created the South Carolina Residential Builders Commission
whichthat must be composed of seven
persons who shall 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
anya member of the commission in
accordance with Section 1-3-240."
SECTION ___. 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 nine 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 six seven of whom must be
veterinarians representing each of the six
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
only vote only in the case of a tie vote
by the board."
SECTION ___. Section 40-81-50(A) of the 1976 Code is amended to read:
"(A) There is
created the State Athletic Commission consisting of eight
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 one from the State at
large. One of The at-large
appointments shall appointment 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."
SECTION ___. Section 41-43-40 of the 1976 Code is amended to read:
"Section 41-43-40.
The Governor shall appoint, upon the advice and consent of
the Senate, one director from each congressional
district and one from the State at large, who serves as
chairman. At the first board meeting of each
calendar year, the seven directors appointed by the Governor
shall elect a chairman. Directors must have experience in
the fields of business, commerce, finance, banking, real estate,
or foreign trade. At least two directors must have direct
commercial lending experience. The Governor and the Chairman of
the State Development Board shall serve ex officio and may
designate persons to represent them at meetings of the
authority.
Directors serve for terms of three
years; however, directors initially appointed from the
first and sixth congressional districts and the State at large
serve for three years; directors initially appointed from the
second and fifth congressional districts serve for two years;
and directors initially appointed from the third and fourth
congressional districts serve for one year. Thereafter, all
directors serve for a term of three years and until
their successors are appointed and qualify. All vacancies must
be filled for the unexpired term in the manner of the original
appointment. Directors are not personally liable for losses
unless the losses are occasioned by the wilful misconduct of the
directors. Directors may be removed by the Governor for cause
or at will. A certificate of the appointment or reappointment
of anya director must be filed in the
offices of the Secretary of State and the authority. The
certificate is conclusive evidence of the due and proper
appointment of a director."
SECTION ___. Section 43-25-10 of the 1976 Code is amended to read:
"Section 43-25-10.
There is hereby created the South Carolina Commission for
the Blind. The commission shall consist of seven members, one
from each of the six seven Congressional
Districts and one from the State at large, of
whom three shall have a visual acuity not to exceed 20/200 .
The Governor shall, with the advice and consent
of the Senate, shall appoint the members of the
commission for terms of four years and until their successors
are appointed and qualify. All vacancies
shallmust 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 deems it necessary to be
held at a time to be determined by the commission. The
commission shall appoint a commissioner and
such other officers as it
deems necessary, none of whom shallmay
be a member of the commission, and shall fix the compensation
and prescribe the duties of suchthe
appointees. The members of the commission shall receive no
salary but shallmust be allowed the
usual mileage, subsistence and per diem as authorized by law for
commissions, committees, and boards."
SECTION ___. 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,
whichand that agency shall provide for the
administration of this chapter. The members of the agency shall
consist of one member from each congressional district
and one member at large. The Governor, upon
the advice and consent of the Senate, shall appoint the
members. The members first appointed having been
designated by the Governor to serve for terms of one, two,
three, four, five, six and seven years respectively, each member
of the Agency thereafter shall be appointed for a term
of seven years. The terms of office shall always remain
staggered so that the term of one member shall expire every year
with appointments to fill unexpired terms caused by death,
resignation, or disability."
SECTION ___. Section 44-20-225 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:
"Section 44-20-225.(A)
The Governor shall appoint a
seven-member consumer advisory board with the advice and consent
of the Senate for each of the following divisions: the
Intellectual Disability Division, the Autism Division, and the
Head and Spinal Cord Injury Division. One member must be a
resident of each congressional district, and one must be
from the State at large.
(B) The
membership of each advisory board must consist of persons with
knowledge and expertise in the subject area of that division.
In making such appointments, race, gender, and
other demographic factors should be considered to ensure
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.
(C) The members
of the commission shall receive subsistence, mileage, and per
diem as may be provided by law for members of
state boards, committees, and commissions.
(D) Terms of the
members shallmust be for four years and
until their successors are appointed and qualify, except that of
the original appointees, two shallmust
be appointed for a period of two years, two
shallmust be appointed for a period of
three years, and three shallmust be
appointed for a period of four years."
SECTION ___. Section 48-4-30 of the 1976 Code is amended to read:
"Section 48-4-30.
(A) The department
shallmust be governed by a board
consisting of seven non-salaried board members. Board members
of the former Department of Wildlife and Marine Resources shall
serve as board members for the Department of Natural Resources
until their terms expire and their successors are appointed and
qualify. All board members shallmust be
appointed by the Governor with the advice and consent of the
Senate. One member shallmust be
appointed from each congressional district of the State
and one shall be appointed from the state
at-large. 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.
(B) The Governor
may remove anya board member pursuant to
the provisions of Section 1-3-240.
(C) Terms of the
members shallmust 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.
(D) 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.
(E) One of the
members of the board shallmust be
designated by the Governor to serve as chairman."
SECTION ___. 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 whichthat consists of
fourteen fifteen members, which shall
act as an advisory council to the Department of Health and
Environmental Control. The members of the panel
shallmust 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; six 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-chairmanvice chairman, and other
officers it considers necessary."
SECTION ___. 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 twelve thirteen-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)
three members appointed by the Speaker of the House of
Representatives, one each from the third, fourth, and sixth
congressional districts; and
(4)
three members appointed by the President Pro Tempore of
the Senate, one each from the first, second, and fifth
congressional districts.; and
(5)
one member appointed jointly by the Speaker of
the House of Representatives and the President Pro Tempore of
the Senate from the seventh congressional district."
SECTION ___. Section 51-13-1720 of the 1976 Code is amended to read:
"Section 51-13-1720.
The Authority shallmust be
governed by a board of regents consisting of
nine 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
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.;
(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
shallmust 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 shallmust be determined by
lot. In the case of anya vacancy, the
vacancy shallmust 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 ___. 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 seventeen eighteen
members who shallmust be chosen as
follows and shall elect from its membership a chairman:
1.(1) From the
general public, six seven persons, one
from each congressional district within the State, who
shallmust be appointed by the Governor
and serve for a term of six years. Of these six, four persons
shallmust be from the scientific
community who are recognized and qualified experts in the
ecology of natural areas, and two persons
shallmust 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.(2) From
state government, the following persons or their designees:
A.(a) the
Chairman of the board of the Department of Natural Resources;
B.(b) the
Director of the Department of Natural Resources;
C.(c) the
Director of the South Carolina Department of Park, Recreation
and Tourism;
D.(d) the
Director of the Land Resources Conservation Districts Division
of the Department of Natural Resources;
E.(e) the
Director of the South Carolina Department of Archives and
History;
F.(f) the
State Forester;
G.(g) the
State Archeologist;
H.(h) the
Director of the State Museum; and
I.
(i) the Secretary of
Commerce.
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 ___. Section 51-18-60 of the 1976 Code, as added by Act 273 of 2008, 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
thirteen members who shall must
be chosen as follows and shall elect from its membership a
chairman:
(1) From the general
public, six eight persons, one from each
congressional district within the State and one at large,
who shall must be appointed by the
Governor and serve for a term of six years. These persons
shall 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.
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 ___. 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 fifteen-member
seventeen-member board of directors,
thirteen fifteen of which
shall 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. Six board
members shall be appointed for two-year terms, and seven board
members shall be appointed for four-year terms. Subsequent to
the initial two-year terms, all All terms
shall be 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 thereofof those
backgrounds."
SECTION ___. Section 57-1-310 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-310.
(A) The congressional districts of
this State are constituted and created Department of
Transportation Districts of the State, designated by numbers
corresponding to the numbers of the respective congressional
districts. The Commission of the Department of Transportation
shallmust be composed of one member from
each transportation district elected by the delegations of the
congressional district and one member appointed by the
Governor from the State at large.
SuchThese elections or appointments,
as the case may be, shall take into account
race and gender so as to represent, to the greatest extent
possible, all segments of the population of the State; however,
consideration of these factors in making an appointment or in an
election in no way creates a cause of action or basis for an
employee grievance for a person appointed or elected or for a
person who fails to be appointed or elected.
(B)(1)
Candidates for election to the commission must be screened
by the Joint Transportation Review Committee, as provided in
Article 7 of this chapter, and determined to meet the
qualifications contained in subsection (C) in order to be
eligible for election.
(2)
The at-large appointment made by the
Governor must be transmitted to the Joint Transportation Review
Committee. The Joint Transportation Review Committee must
determine whether the at-large appointee meets the
qualifications in subsection (C) and report its findings to the
General Assembly and the Governor. Until the Joint
Transportation Review Committee finds a gubernatorial appointee
qualified, the appointee must not take the oath of office and
the full rights and privileges and powers of the office shall
not vest. (C) The
qualifications that each commission member must possess,
include, but are not limited to:
(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;
or
(2)
a background of at least five years in any combination of
the following fields of expertise:
(a)
transportation;
(b)
construction;
(c)
finance;
(d)
law;
(e)
environmental issues;
(f)
management; or
(g)
engineering.
(D)
NoA member of the General Assembly
or member of his immediate family shallmust
not be elected or appointed to the commission while the
member is serving in the General Assembly; nor shall a member
of the General Assembly or a member of his immediate family be
elected or appointed to the commission for a period of four
years after the member either:
(1)
ceases to be a member of the General Assembly; or
(2)
fails to file for election to the General Assembly in
accordance with Section 7-11-15."
SECTION ___. Section 57-1-330 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-330.
(A) For the purposes
of electing a commission member, a legislator shall vote only in
the congressional district in which he resides. All commission
members are elected to a term of office of four years which
expires on February fifteenth of the appropriate year.
Commissioners shall continue to serve until their successors are
elected and qualify, provided that a commissioner may only serve
in a hold-over capacity for a period not to exceed six months.
AnyA vacancy occurring in the office of
commissioner shall must be filled by
election or appointment in the manner provided in this article
for the unexpired term only. NoA person
is not eligible to serve as a commission member who is
not a resident of that district at the time of his appointment.
Failure by an elected commission member to maintain residency in
the district for which he is elected shall result in the
forfeiture of his office.
(B) The
at-large commission member shall serve at the pleasure of the
Governor. The at-large commission member may be appointed from
any county in the State unless another commission member is
serving from that county. Failure by the at-large commission
member to maintain residence in the State shall result in a
forfeiture of his office.
(C)
All elected commission members may be removed from office
as provided inpursuant to Section
1-3-240(C)(1)."
SECTION ___. 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. For any term
beginning after June 30, 2006, each 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 suchthe 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 anya 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.
(2)
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, an at-large member elected by the board
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.
(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."
SECTION ___. 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
eleventwelve directors who reside in
South Carolina and who shall 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
shallmust be chairman. Two of the
directors shallmust 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., but must not A director
may not serve as an employee or board member of an electric
cooperative during theirhis term as
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, must appoint 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. NoA director
shall 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 hereunder, the actual expense to be
advanced from the contingent fund of the Governor until
suchthe time as the
Public Service Authority is in funds, at which time the
contingent fund shall must be
reimbursed. After the Public Service Authority is in funds, the
compensation and expenses of each member of the board
shall must be paid from
suchthese funds, and the compensation
and expenses must be fixed by the advisory board
hereinafter establishedestablished in this
section. Members of the board of directors may be removed
for cause, as established inpursuant to
Section 1-3-240(C), by the Governor of the State, the advisory
board, or a majority thereofof them.
NoA member of the General Assembly of
the State of South Carolina shall be 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 shall
may serve as directors at any time."
SECTION ___. Section 59-7-10 of the 1976 Code is amended to read:
"Section 59-7-10.
(A) There is
hereby created the South Carolina Educational
Television Commission, which shall be composed of the
Superintendent of Education, who shall be a member of the
Commission, ex officio, and in addition the Commission shall be
composed of seven members to be appointed by the Governor as
follows: One shall be appointed from each of the six
congressional districts, and one shall be appointed from the
State at large, who shall be named by the Governor as chairman
of the Commission. The term of the member who serves ex officio
shall be coterminous with the term of the office to which he was
elected, and the terms of the members appointed by the Governor
shall be for six years, except that of those first appointed two
shall serve for terms of two years, two shall serve for terms of
four years and three shall serve for terms of six years, after
which the terms of all members shall be for six
years that is composed of eight members. One member
is the Superintendent of the Education, who serves ex officio,
and the remaining seven members must be appointed by the
Governor with one from each congressional district. The board
members shall elect a chairman of the commission from among
themselves.
(B) In
2013, the Governor shall appoint a member to represent the
seventh congressional district. Upon appointment and
qualification of this member, the at-large member serving at the
time of this appointment, if any, must cease to be a member of
the commission and the duration of the term of the at-large
member is the amount of time that the member appointed to
represent the seventh district must serve before he must be
elected for a subsequent term.
(C) The
terms of all members must be for six years."
SECTION ___. Section 59-26-50(a) of the 1976 Code is amended to read:
"(a) There is
hereby created as an agency of state government
the South Carolina Educator Improvement Task Force composed of
twelve 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 shallmust be
a public school teacher and one of whom
shallmust be a public school
administrator. The Governor shall appoint six
seven members, one from each congressional district and
not less than two of whom shallmust be
employed at state institutions of higher education and not less
than one of whom is a member of a local school board.
The Governor, as soon as possible after all appointments
are made, shall designate one of the twelve members of the Task
Force to serve as a temporary chairman of the Task Force. The
temporary chairman shall serve in that capacity for a period not
to exceed six months and a permanent chairman shall then be
elected by the membership of the Task Force.
AnyA vacancy
shallmust be filled in the manner of the
original appointment. The members shall receive
such per diem, mileage and subsistence as
is 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 shallmust be given to
insure appropriate racial balance in appointments."
SECTION ___. Section 59-47-10 of the 1976 Code is amended to read:
"Section 59-47-10.
The Board of Commissioners of the South Carolina School
for the Deaf and the Blind shall consist of ten
eleven members appointed by the Governor for terms of six
years and until their successors are appointed and
qualify qualified. Each congressional
district must be represented by one board member, who
must beis a resident of that district,
and four members must be appointed at large from the State. Of
the members appointed at large, one must be deaf, one must be
blind, one must represent the interests of persons with multiple
handicaps, and one shall represent the general public.
Vacancies must be filled in the manner of the original
appointment for the remainder of the unexpired term. The State
Superintendent of Education and the executive officer of the
Department of Health and Environmental Control are ex officio
members of the board."
SECTION ___. Section 59-48-20(A) of the 1976 Code is amended to read:
"(A)(1) The
school is under the management and control of a board of
trustees consisting of eleven members, as follows:
(1a) one
member from each congressional district appointed by the
Governor;
(2b)
two members one member appointed
from this State at large by the Governor;
(3c) the
Chairman of the Joint Legislative Committee to Study the State's
Public Education System, ex officio, or his designee;
(4d) the State
Superintendent of Education, ex officio, or his designee;
(5e) the
Executive Director of the Commission on Higher Education, ex
officio, or his designee.
(2) Members
appointed by the Governor shall serve for four years and until
their successors are appointed and qualify
qualified, except that of those first appointed, the
members representing the First, Second, and Third Congressional
Districts and one at-large member shall serve for two years and
until their successors are appointed and
qualify qualified. Members shall
receive mileage, subsistence, and per diem allowed by law for
members of state boards, committees, and commissions.
(3) In his
appointments, the Governor shall seek to obtain the best
qualified persons from the business, industrial, and educational
communities, including mathematicians and scientists.
(4) The board of
trustees shall explore use of the facilities of Coker College
for the school's campus."
SECTION ___. Section 59-50-20 of the 1976 Code, as last amended by Act 84 of 2005, is further amended to read:
"Section 59-50-20.
The school is governed by a board of directors composed of
sixteen seventeen members, as follows:
(1)
one member from each congressional district, appointed by
the Governor;
(2)
six members from the State at large, appointed by the
Governor;
(3)
the Chairman of the Education Oversight Committee,
or his designee, who serves ex officio;
(4)
the State Superintendent of Education, or his
designee, who serves ex officio;
(5)
the Executive Director of the Commission on Higher
Education, or his designee, who serves ex officio;
and
(6)
the chairman of the school's foundation board, or
his designee, who serves ex officio."
SECTION ___. Section 59-53-10 of the 1976 Code is amended to read:
"Section 59-53-10.
There is hereby created the State Board
for Technical and Comprehensive Education (Board) as a
continuing body and agency and instrumentality of the State.
The board shall consist of ten eleven
members, appointed by the Governor for terms of six years and
until successors are appointed and qualify. One member must be
appointed from each congressional district, with the advice and
consent of the legislative delegations of the congressional
district involved, and be a resident
thereofof the congressional district.
There must be four at-large members appointed by the Governor,
one of whom must be experienced in the policy development of
secondary vocational education and adult basic and adult
secondary education, and one of whom must be experienced
in the policy development of federal job training programs. The
initial terms of office of board members representing
congressional districts are for a period of years corresponding
to the numerical designation of their respective districts. The
initial terms of office of the first at-large members of the
board are for three and six years determined by lot.
and The initial term of the at-large member
experienced in the policy development of secondary vocational
education and adult basic and adult secondary education is three
years, and the initial term of the at-large member
experienced in the policy development of federal job training
programs is six years. In addition, the State Superintendent of
Education and the Secretary of Commerce shall serve as ex
officio members of the board. The chairman must be elected by
the board. In case a vacancy shall
occuroccurs a member must be appointed in the
same manner for the remainder of the unexpired term. The board
shall enter into contracts and make regulations, including
policies and guidelines, as considered necessary to fulfill the
intent of Sections 59-5-61, 59-43-20, 59-53-10, 59-53-20,
59-53-40, 59-53-50, 59-53-57, 59-54-10 through 59-54-60, subject
to the approval of the General Assembly.
SECTION ___. 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
shallmust be appointed in the manner
hereinafter specifiedpursuant to this
section. Two members must be residents of Allendale County
who shallmust 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
shallmust 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
shallmust be appointed by the Governor
upon the recommendation of a majority of the members of the
General Assembly representing Barnwell County. Two members
shallmust 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
third sixth congressional district is a
member of the commission ex officio. The members of the
commission shallmust 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.
AnyA vacancy
shallmust 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."
SECTION ___. A. Section 59-103-10 of the 1976 Code is amended to read:
"Section 59-103-10.
There is created the State Commission on Higher Education.
The commission shall consist of fourteen
fifteen members appointed by the Governor.
The membership must consist of one at-large member to
serve as chairman, one representative from each of the
six congressional districts, three members
appointed from the State at large, three representatives of the
public colleges and universities, and one representative of the
independent colleges and universities of South Carolina.
The membership of the Commission on Higher
Education must be as follows:
(1)
Nine Ten members,
six seven to represent each of the
congressional districts of this State appointed by the Governor
upon the recommendation of a majority of the senators and a
majority of the members of the House of Representatives
comprising the legislative delegation from the district and
three members appointed from the State at large upon the advice
and consent of the Senate. Each representative of a
congressional district must be a resident of the congressional
district he represents. In order to qualify for appointment,
the representatives from the congressional districts and those
appointed at large must have experience in at least one of the
following areas: business, the education of future leaders and
teachers, management, or policy. A member representing the
congressional districts or appointed at large must not have
been, during the succeeding five years, a member of a governing
body of a public institution of higher learning in this State
and must not be employed or have immediate family members
employed by any of the public colleges and universities of this
State. These members must be appointed for terms of four years
and shall not serve on the commission for more than two
consecutive terms. However, the initial term of office for a
member appointed from an even-numbered congressional district
shallmust be two years.
If the boundaries of the congressional
districts are changed, members serving on the commission shall
continue to serve until the expiration of their current terms,
but successors to members whose terms expire must be appointed
from the newly defined congressional districts. If a
congressional district is added, the commission must be enlarged
to include a representative from that district.
(2)
Three members to serve ex officio to represent the public
colleges and universities appointed by the Governor with the
advice and consent of the Senate. It
shallmust not be a conflict of interest
for anya voting ex officio member to
vote on matters pertaining to their individual college or
university. One member must be serving on the board of trustees
of one of the public senior research institutions, one member
must be serving on the board of trustees of one of the four-year
public institutions of higher learning, and one member must be a
member of one of the local area technical education commissions
or the State Board for Technical and Comprehensive Education to
represent the State Board for Technical and Comprehensive
Education. These members must be appointed to serve terms of
two years with terms to rotate among the institutions.
(3)
One ex officio member to represent the independent
colleges and universities by the Governor upon the advice and
consent of the Senate. The individual appointed must be serving
as a member of the Advisory Council of Private College
Presidents. This member must be appointed for a term of two
years and shall serve as a nonvoting member.
(4)
One at-large member to serve as chairman appointed by the
Governor with the advice and consent of the Senate. This member
must be appointed for a term of four years and may be
reappointed for one additional term; however, he may serve only
one term as chairman.
The Governor, by his appointments, shall
assure that various economic interests and minority groups,
especially women and blacks, are fairly represented on the
commission and shall attempt to assure that the graduates of no
one public or private college or technical college are dominant
on the commission. Vacancies must be filled in the manner of
the original appointment for the unexpired portion of the term.
All members of the commission shall serve until their successors
are appointed and qualify."
B. Section 59-123-40 of the 1976 Code is amended to read:
"Section 59-123-40.
The management and control of the university
shallmust be vested in a board of
trustees, to be composed as follows: the Governor,
(or his designee), ex officio,
twelve fourteen members to be elected by
the General Assembly in joint assembly and one member to be
appointed by the Governor. The Governor shall make the
appointment based on merit regardless of race, color,
creed, or gender and shall strive to assure that the membership
of the board is representative of all citizens of the State of
South Carolina."
C. Section 59-123-50 of the 1976 Code is amended to read:
"Section 59-123-50.
The present members of the board of trustees shall
continue to serve until July 1, 1966, at which time their terms
shall terminate and the members of the board to succeed the
present members, and to fill the additional membership provided
in Section 59-123-40, must be elected at a joint session of the
General Assembly on the following dates: On the first Wednesday
in February 1966, members representing the medical profession
(medical doctor, dentist, registered nurse, or licensed
pharmacist) and on the second Wednesday in February 1966, lay
members or nonmedical members. One member of the medical
profession from each congressional district and one layman or
member of a nonmedical profession from each congressional
district must be elected. The terms of all members elected
commence on July 1, 1966. Of those first elected, the member
who represents the medical profession from the first, second,
and third congressional districts and lay members or members of
the nonmedical profession from the fourth, fifth, and sixth
congressional districts must be elected for terms of four years
or until their successors are elected and qualify. The member
of the board of trustees who represents the medical profession
from the fourth, fifth, and sixth congressional districts and
the members who are laymen or members of nonmedical professions
from the first, second, and third congressional districts must
be elected for terms of two years or until their successors are
elected and qualify. Effective July 1, 2012, the member who
represents the medical profession from the seventh congressional
district must be elected to a term of four years and the lay
member or member of the nonmedical profession from the seventh
congressional district must be elected for an initial term of
two years. Their successors must be elected for terms of
four years or until their successors are elected and qualify.
After its 1984 session, the General Assembly shall elect
successors to those members it elects not earlier than the first
day of April for a term to begin the following July first.
Elections to fill vacancies on the board which are caused by the
death, resignation, or removal of an elective trustee may be
held earlier than the first day of April of the year in which
the unexpired term terminates, but the term of the person
elected to succeed the member expires on the last day of June of
the year in which the term of the former member would have
expired. In electing members of the board, the General Assembly
shall elect members based on merit regardless of race, color,
creed, or gender and shall strive to assure that the membership
of the board is representative of all citizens of the State of
South Carolina.
The term of the at-large trustee appointed
by the Governor is effective upon certification to the Secretary
of State and is four years. AnyA
vacancy in the office of the member appointed by the Governor
must be filled by appointment for the unexpired term in the same
manner of original appointment. If the Governor chooses to
designate a member to serve in his stead, as permitted by
Section 59-123-40, the appointment is effective upon
certification to the Secretary of State and shall continue, at
the pleasure of the Governor making the appointment, so long as
he continues to hold the specified office."
D. Section 59-125-20 of the 1976 Code, as last amended by Act 50 of 2007, is further amended to read:
"Section 59-125-20.
A. The Board of Trustees of Winthrop
University is composed of the Governor and the State
Superintendent of Education, or their designees,
who are members ex officio of the board, nine
ten other members each to be elected by the joint vote of
the General Assembly, as hereinafter provided, and two graduates
of Winthrop University to be appointed by the Winthrop
University Alumni Association, or its successors, as
hereinafter provided.
B. In addition to the
members of the board in subsection A, there
shallmust be one additional member of
the board appointed by the Governor. The Governor shall make
the appointment based on merit regardless of race, color, creed,
or gender and shall strive to assure that the membership of the
board is representative of all citizens of the State of South
Carolina."
E. Section 59-125-30 of the 1976 Code, as last amended by Act 50 of 2007, is further amended to read:
"Section 59-125-30.
Of the seven ten members to be
elected by the General Assembly, one member must be elected from
each of the six congressional districts and
three members must be elected by the General Assembly from the
state State at large. Each
representative of a congressional district must be a resident of
the congressional district represented. The regular term of
office of the elective members of the board of trustees is six
years. In electing members of the board, the General Assembly
shall elect members based on merit regardless of race, color,
creed, or gender and shall strive to assure that the membership
of the board is representative of all citizens of the State of
South Carolina. The elective members of the board of trustees
shall continue to serve until the thirtieth day of June of the
year in which their terms are scheduled to expire. Those
persons elected by the General Assembly shall have their seats
designated as the seat number corresponding to the congressional
district from which they are elected with the at-large members
designated as Seat Seven, Seat Eight,
and Seat Nine, and Seat Ten with the
present at-large member of the board deemed to be serving in
Seat Seven Eight. The General Assembly
shall hold elections to fill vacancies as they occur on the
board by the expiration of terms of office, as follows: Seat One
in 2006, Seat Two in 2008, Seat Three in 2004, Seat Four in
2004, Seat Five in 2006, Seat Six in 2008, Seat Seven in
2018, Seat Seven Eight in 2005, Seat
Eight Nine in 2008, and Seat
Nine Ten in 2009. In 2008, the person
elected by the General Assembly to fill Seat
Eight Nine shall serve a six-year term
and in 2009, the person elected by the General Assembly to fill
Seat Nine Ten shall serve a six-year
term. At the completion of those terms of office, all
subsequent members of the board elected by the General Assembly
to fill Seats Eight and Nine and Ten
shallmust be elected for six-year terms.
Elections to fill vacancies which are caused
by the death, resignation, or removal of an elective trustee may
be held earlier than the first day of April of the year in which
the unexpired term terminates, but the term of the person
elected to fill the vacancy expires on the last day of June of
the year in which the term of the former member would have
expired. When there is a vacancy otherwise occurring on the
board of trustees among the elected members, the Governor may
fill it by appointment until the next session of the General
Assembly. The State Superintendent of Education, or the
superintendent's designee, shall serve in Seat
Ten Eleven, ex officio. Seat
Thirteen Fourteen
shallmust be a member appointed by the
Governor. The Governor, or the Governor's
designee, shall serve in Seat Fourteen
Fifteen, ex officio. The members of the board
elected by the Winthrop University Alumni Association or its
successors shall be elected for four-year terms to fill Seats
Eleven and Twelve in 2002. In 2006, the person elected
by the Winthrop University Alumni Association, or its
successors, to fill Seat Eleven
Twelve shall serve a six-year term and the person elected
by the Winthrop University Alumni Association, or its
successors, to fill Seat Twelve
Thirteen shall serve a four-year term. At the completion
of those terms of office, all subsequent members of the board
elected by the Winthrop University Alumni Association, or
its successors, to fill Seats Eleven and
Twelve and Thirteen shallmust be
elected for six-year terms. The names of those so elected must
be certified to the Secretary of State by the president and
secretary of the association and they shall take office
immediately after the certification. The term of the at-large
trustee appointed by the Governor to Seat
Thirteen Fourteen is effective upon
certification to the Secretary of State and is coterminous with
the term of office of the Governor.
AnyA vacancy in the office of the member
appointed by the Governor must be filled by appointment of the
Governor for the unexpired term in the same manner of original
appointment."
F. Section 59-127-20(A) of the 1976 Code is amended to read:
"(A) South
Carolina State University is managed and controlled by a board
of trustees, composed of thirteen members, twelve of whom are
elected by the General Assembly, one member from each
congressional district and six five at
large for terms of four years each and until their successors
are elected and qualify. In electing members of the board, the
General Assembly shall elect members based on merit regardless
of race, color, creed, or gender and shall strive to assure that
the membership of the board is representative of all citizens of
the State of South Carolina. The Governor of the State,
or his designee, is ex officio, the thirteenth member of
the board of trustees. In case of a vacancy on the board, the
Governor may fill it by appointment until the next session of
the General Assembly. Members of the board are entitled to
subsistence, per diem, and mileage authorized for members of
state boards, committees, and commissions.
Each position on the board constitutes a
separate office and the seats on the board are numbered
consecutively, one corresponding in number to each congressional
district and Seats 7
Eight-12 Twelve at large. The
Governor, or his designee, occupies Seat
13 Thirteen. Of the three
present members of the board who reside in the sixth
congressional district, the member with the longest remaining
current term shall be the resident member selected from that
congressional district occupying Seat 6. The two remaining
members not determined to be the resident member from the sixth
congressional district shall be considered at-large members of
the board occupying Seats 8 and 12, respectively. The terms of
each of these three members shall not be affected by the
provisions of this paragraph. Effective July 1,
2012, the member from former Seat Seven is transferred to Seat
Eight, the member from former Seat Eight is transferred to Seat
Nine, the member from former Seat Nine is transferred to Seat
Ten, the member from former Seat Ten is transferred to Seat
Eleven, and the member from former Seat Eleven is transferred to
Seat Twelve.
The terms of the present members of the
board who are elected by the General Assembly expire on the
thirtieth day of June of the year in which the terms are
scheduled to expire. The General Assembly shall elect
successors to the elective trustees not earlier than the first
day of April for a term to begin the following July first.
Elections to fill vacancies on the board which
are caused by the death, resignation, or removal of an
elective trustee may be held earlier than the first day of April
of the year in which the unexpired term terminates, but the term
of the person elected to fill the vacancy expires on the last
day of June of the year in which the term of the former member
would have expired."
G. Section 59-130-10 of the 1976 Code, as last amended by Act 257 of 2010, is further amended to read:
"Section 59-130-10.
The board of trustees for the College of Charleston is
composed of the Governor of the State, or his designee,
who is an ex officio of the board, and
seventeen nineteen members, with
fifteen seventeen of these members
elected by the General Assembly, one member appointed from the
State at large by the Governor, and one member appointed by
Governor upon recommendation of the College of Charleston Alumni
Association. The General Assembly shall elect and the Governor
shall appoint these members based on merit regardless of race,
color, creed, or gender and shall strive to assure that the
membership of the board is representative of all citizens of
this State.
Of the fifteen
seventeen members to be elected, two members must be
elected from each congressional district and the remaining three
members must be elected by the General Assembly from the State
at large.
The term of office of the at-large trustee
appointed by the Governor is effective upon certification to the
Secretary of State and is coterminous with the term of the
Governor appointing him. He shall serve after his term has
expired until his successor is appointed and qualifies. The
member appointed by the Governor upon recommendation of the
College of Charleston Alumni Association shall serve for a term
of four years, beginning on July 1, 2010, until his successor is
appointed and qualifies. The member must be a South Carolina
resident and hold an undergraduate or graduate degree from the
College of Charleston.
Each position on the board constitutes a
separate office and the seats on the board are numbered
consecutively as follows: for the First Congressional District,
Seats One and Two; for the Second Congressional District, Seats
Three and Four; for the Third Congressional District, Seats Five
and Six; for the Fourth Congressional District, Seats Seven and
Eight; for the Fifth Congressional District, Seats Nine and Ten;
for the Sixth Congressional District, Seats Eleven and Twelve;
for the Seventh Congressional District, Seats Thirteen and
Fourteen; for the at-large positions elected by the General
Assembly, Seats thirteen, fourteen, and
Fifteen, Sixteen, and Seventeen. The member appointed by
the Governor shall occupy Seat sixteen
Eighteen. The member appointed by the Governor upon
recommendation of alumni association shall occupy Seat
seventeen Nineteen.
A person who, as of July 1, 1988,
is serving as President of the State College Board of Trustees
or is serving on the Planning Committee for the College of
Charleston within the State College Board of Trustees has the
option of serving as a trustee on the board of trustees for the
College of Charleston for an appropriate two-year term expiring
June 30, 1990. This option must be exercised on the first day of
the filing period. If two such members file for the same seat,
the General Assembly shall elect the board member from those
filing. Effective July 1, 1988, the
even-numbered seats of those members elected by the General
Assembly must be filled for four-year terms expiring June 30,
1992. The remaining elective odd-numbered seats on the board
must be filled for two-year terms beginning July 1, 1988, and
expiring June 30, 1990. The trustees for the odd-numbered seats
must then be elected for four-year terms beginning July 1, 1990,
and expiring June 30, 1994. Effective July 1, 2012, the
member elected to Seat Thirteen on the board must be elected for
two-year terms beginning July 1, 2012, and expiring June 30,
2014, and the member elected to Seat Fourteen on the board must
be elected to fill a four-year term beginning July 1, 2012, and
expiring June 30, 2016. The General
Assembly shall hold elections every two years to select
successors of the trustees whose four-year terms are then
expiring. Except as otherwise provided in this chapter, no
election may be held before April first of the year in which the
successor's term is to commence. The term of office of an
elective trustee commences on the first day of July of the year
in which the trustee is elected.
If an elective office becomes vacant, the
Governor may fill it by appointment until the next session of
the General Assembly. The General Assembly shall hold an
election at any time during the session to fill the vacancy for
the unexpired portion of the term. A vacancy occurring in the
appointed office on the board must be filled for the remainder
of the unexpired term by appointment in the same manner of the
original appointment."
H. Section 59-133-10 of the 1976 Code, as last amended by Act 355 of 2008, is further amended to read:
"Section 59-133-10.
The board of trustees for Francis Marion
College University is composed of the
Governor of the State, or his designee, who is an ex
officio member of the board, and sixteen members, with fifteen
of these members to be elected by the General Assembly and one
member to be appointed from the State at large by the Governor.
The General Assembly shall elect and the Governor shall appoint
these members based on merit regardless of race, color, creed,
or gender and shall strive to assure that the membership of the
board is representative of all citizens of this State.
Of the fifteen members to be elected,
two members one member must be elected
from each congressional district and the remaining
three eight members must be elected by
the General Assembly from the State at large.
The term of office of the at-large trustee
appointed by the Governor is effective upon certification to the
Secretary of State and is coterminous with the term of the
Governor appointing him. He shall serve after his term has
expired until his successor is appointed and qualifies.
Each position on the board constitutes a
separate office and the seats on the board are numbered
consecutively as follows: for the First
Congressional District, Seats One and Two; for the Second
Congressional District, Seats Three and Four; for the Third
Congressional District, Seats Five and Six; for the Fourth
Congressional District, Seats Seven and Eight; for the Fifth
Congressional District, Seats Nine and Ten; for the Sixth
Congressional District, Seats Eleven and Twelve; for the
at-large positions elected by the General Assembly, Seats
Thirteen, Fourteen, and Fifteen Seats One through
Seven corresponding to the number of each congressional district
and Seats Eight through Fifteen to be designated at large.
The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988,
is serving as president of the state college board of trustees
or is serving on the planning committee for Francis Marion
College within the state college board of trustees has the
option of serving as a trustee on the board of trustees for
Francis Marion College for an appropriate two-year term expiring
June 30, 1990. Such option must be exercised on the first day of
the filing period. If two such members file for the same seat,
the General Assembly shall elect the board member from those so
filing. Effective July 1,
1988,
the even-numbered seats of those members elected by the General
Assembly must be filled for four-year terms expiring June 30,
1992. The remaining elective odd-numbered seats on the board
must be filled for two-year terms beginning July 1, 1988, and
expiring June 30, 1990. The trustees for the odd-numbered seats
must then be elected for four-year terms beginning July 1, 1990,
and expiring June 30, 1994. 2012, the member
from former Seat One remains in Seat One, the member from former
Seat Three is transferred to Seat Twelve, the member from former
Seat Five is transferred to Seat Thirteen, the member from
former Seat Seven is transferred to Seat Fourteen, the member
from former Seat Nine is transferred to Seat Five, the member
from former Seat Eleven is transferred to Seat Six, the member
from former Seat Thirteen is transferred to Seat Eight, and the
member from former Seat Fifteen is transferred to Seat Ten, with
these members continuing to serve until their terms expire on
June 30, 2014. A member for Seats Two, Three, Four, Seven,
Nine, Eleven, and Fifteen must be elected by the General
Assembly in 2012 for a term that expires on June 30, 2016.
The General Assembly shall hold elections every two years to
select successors of the trustees whose four-year terms are then
expiring. Except as otherwise provided in this chapter, no
election may be held before April first of the year in which the
successor's term is to commence. The term of office of an
elective trustee commences on the first day of July of the year
in which the trustee is elected. If an elective office becomes
vacant, the Governor may fill it by appointment until the next
session of the General Assembly. The General Assembly shall
hold an election at any time during the session to fill the
vacancy for the unexpired portion of the term. A vacancy
occurring in the appointed office on the board must be filled
for the remainder of the unexpired term by appointment in the
same manner of the original appointment."
I. Section 59-135-10 of the 1976 Code is amended to read:
"Section 59-135-10.
The board of trustees for Lander College
University is composed of the Governor of the
State, or his designee, who is an ex officio of the
board, and sixteen members, with fifteen of these members to be
elected by the General Assembly and one member to be appointed
from the State at large by the Governor. The General Assembly
shall elect and the Governor shall appoint these members based
on merit regardless of race, color, creed, or gender and shall
strive to assure that the membership of the board is
representative of all citizens of this State.
Of the fifteen members to be elected,
two members one member must be elected
from each congressional district and the remaining
three eight members must be elected by
the General Assembly from the State at large.
The term of office of the at-large trustee
appointed by the Governor is effective upon certification to the
Secretary of State and is coterminous with the term of the
Governor appointing him. He shall serve after his term has
expired until his successor is appointed and qualifies.
Each position on the board constitutes a
separate office and the seats on the board are numbered
consecutively as follows: for the
First Congressional District, Seats One and Two; for the Second
Congressional District, Seats Three and Four; for the Third
Congressional District, Seats Five and Six; for the Fourth
Congressional District, Seats Seven and Eight; for the Fifth
Congressional District, Seats Nine and Ten; for the Sixth
Congressional District, Seats Eleven and Twelve; for the
at-large positions elected by the General Assembly, Seats
Thirteen, Fourteen, and Fifteen Seats One through
Seven corresponding to the number of each congressional district
and Seats Eight through Fifteen to be designated at large.
The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988,
is serving as president of the State College Board of Trustees
or is serving on the Planning Committee for Lander College
within the State College Board of Trustees has the option of
serving as a trustee on the board of trustees for Lander College
for an appropriate two-year term expiring June 30, 1990. Such
option must be exercised on the first day of the filing period.
If two such members file for the same seat, the General Assembly
shall elect the board member from those so filing. Effective July 1,
1988,
the even-numbered seats of those members elected by the General
Assembly must be filled for four-year terms expiring June 30,
1992. The remaining elective odd-numbered seats on the board
must be filled for two-year terms beginning July 1, 1988, and
expiring June 30, 1990. The trustees for the odd-numbered seats
must then be elected for four-year terms beginning July 1, 1990,
and expiring June 30, 1994. 2012, the member
from former Seat One is transferred to Seat Eight, the member
from former Seat Three is transferred to Seat Nine, the member
from former Seat Five is transferred to Seat Ten, the member
from former Seat Seven is transferred to Seat Eleven, the member
from former Seat Nine is transferred to Seat Twelve, the member
from former Seat Thirteen is to remain in Seat Thirteen, the
member from former Seat Fourteen is to remain in Seat Fourteen,
and the member from former Seat Fifteen is to remain in Seat
Fifteen, with these members continuing to serve until their
terms expire on June 30, 2014. The member from former Seat
Eleven is transferred to Seat Six with a term that expires on
June 30, 2016. A member for Seats One, Two, Three, Four, Five,
and Seven must be elected by the General Assembly in 2012 for a
term that expires on June 30, 2016. The General Assembly
shall hold elections every two years to select successors of the
trustees whose four-year terms are then expiring. Except as
otherwise provided in this chapter, no election may be held
before April first of the year in which the successor's term is
to commence. The term of office of an elective trustee
commences on the first day of July of the year in which the
trustee is elected.
If an elective office becomes vacant, the
Governor may fill it by appointment until the next session of
the General Assembly. The General Assembly shall hold an
election at any time during the session to fill the vacancy for
the unexpired portion of the term. A vacancy occurring in the
appointed office on the board must be filled for the remainder
of the unexpired term by appointment in the same manner of the
original appointment."
J. Section 59-136-110 of the 1976 Code is amended to read:
"Section 59-136-110.
The board of trustees for Coastal Carolina University is
composed of the Governor of the State, or his designee,
who is an ex officio member of the board, and sixteen members,
with fifteen of these members to be elected by the General
Assembly and one member to be appointed from the State at large
by the Governor. The General Assembly shall elect and the
Governor shall appoint these members based on merit regardless
of race, color, creed, or gender and shall strive to assure that
the membership of the board is representative of all citizens of
this State.
Of the fifteen members to be elected by the
General Assembly, two members one member
must be elected from each congressional district and the
remaining three eight members must be
elected from the State at large.
The term of office of the at-large trustee
appointed by the Governor is effective upon certification to the
Secretary of State and is coterminous with the term of the
Governor appointing him.
Each position on the board constitutes a
separate office and the seats on the board are numbered
consecutively as follows: for the
First Congressional District, Seats One and Two; for the Second
Congressional District, Seats Three and Four; for the Third
Congressional District, Seats Five and Six; for the Fourth
Congressional District, Seats Seven and Eight; for the Fifth
Congressional District, Seats Nine and Ten; for the Sixth
Congressional District, Seats Eleven and Twelve; for the
at-large positions elected by the General Assembly, Seats
Thirteen, Fourteen, and Fifteen Seats One through
Seven corresponding to the number of each congressional district
and Seats Eight through Fifteen to be designated at large.
The member appointed by the Governor shall occupy Seat Sixteen.
The General Assembly shall elect those
members of the board of trustees it elects during its 1993
Session. Members initially elected from Seats One, Three, Five,
Seven, Nine, Eleven, Thirteen, and Fifteen
shallmust be elected for two-year terms
and members initially elected from Seats Two, Four, Six, Eight,
Ten, Twelve, and Fourteen shallmust be
elected for four-year terms. Thereafter, their successors
shallmust each be elected for four-year
terms.
Effective July 1, 2012, the member from
former Seat Two is transferred to Seat Twelve, the member from
former Seat Three is transferred to Seat Two, the member from
former Seat Four is transferred to Seat Fifteen, the member from
former Seat Five is transferred to Seat Thirteen, the member
from former Seat Six is transferred to Seat Three, the member
from former Seat Six is transferred to Seat Three, the member
from former Seat Seven is transferred to Seat Eleven, the member
from former Seat Eight is transferred to Seat Four, the member
from former Seat Nine is transferred to Seat Ten, the member
from former Seat Ten is transferred to Seat Five, the member
from former Seat Eleven is transferred to Seat Eight, the member
from former Seat Twelve is transferred to Seat Seven, the member
from former Seat Thirteen is transferred to Seat Nine, and the
member from former Seat Fifteen is transferred to Seat Fourteen.
The General Assembly shall hold
elections every two years to select successors of the trustees
whose terms are expiring in that year. Except as otherwise
provided in this chapter, no election may be held before April
first of the year in which the successor's term is to commence.
The term of office of an elective trustee commences on the first
day of July of the year in which the trustee is elected and all
members shall serve until their successors are elected or
appointed and qualify.
If an elective office becomes vacant, the
Governor may fill it by appointment until the next session of
the General Assembly. The General Assembly shall hold an
election at any time during the session to fill the vacancy for
the unexpired portion of the term. A vacancy occurring in the
appointed office on the board must be filled for the remainder
of the unexpired term by appointment in the same manner of the
original appointment."
K. Section 60-1-10 of the 1976 Code is amended to read:
"Section 60-1-10.
There is created the South Carolina State Library governed
by the State Library Board consisting of seven members, one from
each congressional district and one from the State at
large. The members must be appointed by the Governor
for terms of five years and until their successors are appointed
and qualify. All vacancies must be filled in the manner of the
original appointment for the unexpired term.
NoA person is
not eligible to serve as a member of the board for more
than two successive terms, except that a person appointed to
fill an unexpired term may be reappointed for two full
terms."
L. Section 60-13-10 of the 1976 Code is amended to read:
"Section 60-13-10.
There is hereby created the South
Carolina Museum Commission composed of nine
ten members appointed by the Governor for terms of four
years and until successors are appointed and qualify. One
member shallmust be appointed from each
congressional district of the State and three members
shallmust be appointed at large. One of
the at-large members shallmust be
appointed chairman of the commission by the Governor. Vacancies
for any reason shallmust be filled in
the manner of original appointment for the unexpired term.
Notwithstanding the provisions
above prescribing four-year terms for members
of the commission, the members appointed from even-numbered
congressional districts and one at-large member other than the
chairman shallmust be initially
appointed for terms of two years only."
SECTION ___. In the event that elections for incumbent university board of trustees' seats whose terms are expiring this year are not held prior to June 30, 2012, current board members will retain their seats until the General Assembly reconvenes and holds elections. /
Renumber sections to conform.
Amend title to conform.