Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 4 in its entirety and inserting:
/ SECTION 4. Section 58-31-20 of the 1976 Code is amended to read:
"Section 58-31-20.
(A) The Public Service Authority
consists of a board of twelve directors who reside in South
Carolina and who 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 or elected by the General Assembly as follows: one
from each congressional district of the State to be elected
by the General Assembly; one from each of the counties of
Horry, Berkeley, and Georgetown who reside in authority
territory and are customers of the authority to be appointed
by the Governor; and two from the State at large, to be
appointed by the Governor, one of whom must be chairman. Two
of the gubernatorially appointed directors must 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. A director shall not
serve as an employee or board member of an electric cooperative
during his term as a director. Each director shall serve for a
term of seven four years, except as
provided in this section. At the expiration of the term of each
gubernatorially appointed director and of each succeeding
director, the Governor, with the advice and consent of the
Senate, must appoint a successor, who shall hold office for a
term of seven four years or until his
successor has been appointed and qualified. In the event of a
gubernatorially appointed 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. A director 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,. the actual expense
to be advanced from the contingent fund of the Governor until
the time the Public Service Authority is in funds, at which time
the contingent fund must be reimbursed. After the Public Service
Authority is in funds, The compensation and expenses of
each member of the board must be paid from
these Public Service Authority funds,
and the compensation and expenses must be fixed by the advisory
board established in this section. Members of the board of
directors may be removed for cause, pursuant to Section
1-3-240(C), by the Governor of the State, the advisory board, or
a majority thereof. A member of the General Assembly of the
State of South Carolina or a member of his immediate
family is not eligible for appointment as Director of the
Public Service Authority during the term of his
office. 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 appointed to the authority 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.
No more than two members from the same county may serve as
directors at any time.
(B) Candidates for
appointment or election to the board must be screened by
the State Regulation of Public Utilities Review Committee and,
prior to election or confirmation by the Senate, must be
found qualified by meeting the minimum requirements contained in
subsection (C). The review committee must submit a written
report to the Clerk of the House and Senate setting forth
its findings as to the qualifications of each candidate. A
candidate must not serve on the board, even in an interim
capacity, until he is screened and found qualified by the State
Regulation of Public Utilities Review Committee.
(C) Each member must
possess abilities and experience that are generally found among
directors of energy utilities serving this State and that allow
him to make valuable contributions to the conduct of the
authority's business. These abilities include substantial
business skills and experience, but are not limited to:
(1)
general knowledge of the history, purpose, and operations
of the Public Service Authority and the responsibilities of
being a director of the authority;
(2)
the ability to interpret legal and financial documents and
information so as to further the activities and affairs of the
Public Service Authority;
(3)
with the assistance of counsel, the ability to understand
and apply federal and state laws, rules, and regulations
including, but not limited to, Chapter 4 of Title 30 as they
relate to the activities and affairs of the Public Service
Authority; and
(4)
with the assistance of counsel, the ability to understand
and apply judicial decisions as they relate to the activities
and affairs of the Public Service Authority.
(D) In addition to
the qualifications provided in subsection (C), each member of
the board of directors of the Public Service Authority must have
the following qualifications:
(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)
water and wastewater issues;
(c)
finance, economics, and statistics;
(d)
accounting;
(e)
engineering; or
(f)
law.
(E) For the
assistance of the board of directors of the Public Service
Authority, there is hereby established an advisory board to be
known as the advisory board of the South Carolina Public Service
Authority, to be composed of the Governor of the State, the
Attorney General, the State Treasurer, the Comptroller General,
and the Secretary of State, as ex officio members, who must
serve without compensation other than necessary traveling
expenses. The advisory board must perform any duties imposed on
it pursuant to this chapter, and must consult and advise with
the board of directors on any and all matters which by the board
of directors may be referred to the advisory board. The board of
directors must make annual reports to the advisory board, which
reports must be submitted to the General Assembly by the
Governor, in which full information as to all of the acts of
said the board of directors
shall must be given, together with
financial statement and full information as to the work of the
authority. On July first of each year, the advisory board must
designate a certified public accountant or accountants, resident
in the State, for the purpose of making a complete audit of the
affairs of the authority, which must be filed with the annual
report of the board of directors. The Public Service Authority
must submit the audit to the General Assembly.
(F)(1) The
terms of all twelve present members of the board of directors of
the Public Service Authority serving in office on the effective
date of this subsection expire on the effective date of this
subsection. However, the present members of the board shall
continue to serve in a holdover capacity after the effective
date of this subsection until either reappointed or until their
successors are appointed in the manner provided in this section
qualify and take office.
(2)
The terms of all members of the board appointed
to succeed the present members of the board whose terms expire
as provided in item (1), notwithstanding any other provision of
this section, must be for four years each and until their
successors are appointed and qualify.
(3)
Gubernatorially appointed members of the board,
notwithstanding their terms of office or another provision of
law, may be removed or replaced by the Governor at any time at
the Governor's sole discretion.
(G) In
making appointments to the authority, the Governor shall ensure
that race, color, gender, national origin, and other demographic
factors are considered to ensure the geographic and political
balance of the appointments, and shall strive to ensure that the
membership of the authority will represent, to the greatest
extent possible, all segments of the population of the
State.
(H) A
member of the Public Service Authority board of directors may
not:
(1)
solicit, request, receive, or accept anything of
value from the Public Service Authority in addition to the
member's compensation for serving as a member of the board of
directors; or
(2)
have a business relationship with the Public
Service Authority that is distinct from or in addition to the
member's service on the board of directors.
(I) For
purposes of this section, 'anything of value' shall have the
same meaning as provided in Section 8-13-100(1).
(J) The South
Carolina Public Service Authority must provide live-streamed
coverage whenever practicable of all meetings of the Committees
and Board of Directors to ensure transparency and access for the
public. Telephonic meetings may be live-streamed through use of
only audio if no Board Members are physically present at the
telephonic meetings. The meetings shall be recorded and
archived and made available on the South Carolina Public Service
Authority's website along with any agendas and any documents
presented during the open portion of meetings. If a meeting
cannot be live-streamed, then the authority must make
transcripts available on the authority's website within fifteen
business days.
(K) The
General Assembly must provide for the election of seven
directors as follows:
(1)
One director must be elected from each of the
congressional districts established by the General Assembly
pursuant to the latest official United States Decennial
Census.
(2)
The review committee shall nominate for election
all candidates found qualified.
(3)
Whenever an election is to be held by the
General Assembly in joint session to elect a person to serve on
the board, the review committee must conduct its screening
pursuant to the provisions of Section 2-20-10, et seq.; however,
Section 2-20-40 is not applicable to a screening by the review
committee.
(4)
In order to be nominated for a seat on the
board, candidates must meet the requirements of this section. In
screening candidates for the commission and making its findings,
the review committee must seek to find the best qualified people
by giving due consideration to:
(a)
ability, dedication, compassion, common sense,
and integrity of the candidates; and
(b)
the race and gender of the candidates and other
demographic factors to assure nondiscrimination to the greatest
extent possible of all segments of the population of the
State.
(5)
The Governor may fill vacancies 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 board 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."
/
Renumber sections to conform.
Amend title to conform.