View Amendment Current Amendment: 1 to Bill 4261 The Committee on Labor, Commerce and Industry proposes the following Amendment No. 1 to H. 4261 (COUNCIL\ZW\4261C001.CC.ZW19):

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.