S*1175(Rat #0401, Act #0361)  General Bill, By 
Senate Labor, Commerce and Industry
 A Bill to amend Section 1-30-10, Code of Laws of South Carolina, 1976,
 relating to departments of state government, so as to refer to the head of the
 Department of Commerce as the "Secretary of Commerce" instead of "Director of
 the Department of Commerce", and provide that the Secretary of Commerce may
 appoint a departmental executive director and certain directors to manage the
 divisions of the Department; to amend Section 13-1-30, relating to director of
 the Department of Commerce, his duties and responsibilities, and deputy
 directors, so as to provide that the Department shall be headed by a
 secretary, to be known as the Secretary of Commerce, rather than a director,
 authorize the secretary to appoint an executive director to serve at the
 pleasure of the secretary and to be responsible to the secretary for the
 operation of programs outlined by the secretary, and authorize the secretary
 to appoint a "Director", rather than a "Deputy Director" for each division of
 the Department, who shall serve at the pleasure of the secretary and be
 responsible to the secretary for the operation of the programs outlined by
 him; to amend Section 13-1-310, relating to the Division of State Development
 of the Department of Commerce and certain definitions, so as to delete the
 term "Deputy Director", substitute therefor "Director", provide that
 "Director" means the director for the Division of State Development, and
 provide for the definition of "Secretary" in lieu of "Director"; to amend
 Section 13-1-610, relating to the Division of Savannah Valley Development of
 the Department of Commerce and certain definitions, so as to delete "Deputy
 Director", substitute therefor "Director", provide that "Director" means the
 director for the Division of Savannah Valley Development, and provide for the
 definition of "Secretary" in lieu of "Director"; to amend Section 13-1-1320,
 relating to the Division of Public Railways of the Department of Commerce and
 certain definitions, so as to provide for the definition o

   02/10/94  Senate Introduced, read first time, placed on calendar
                     without reference SJ-7
   02/15/94  Senate Read second time SJ-13
   02/16/94  Senate Read third time and sent to House SJ-16
   02/17/94  House  Introduced and read first time HJ-17
   02/17/94  House  Referred to Committee on Judiciary HJ-19
   03/30/94  House  Committee report: Favorable Judiciary HJ-31
   04/19/94  House  Read second time HJ-11
   04/20/94  House  Read third time and enrolled HJ-33
   04/27/94         Ratified R 401
   05/03/94         Signed By Governor
   05/03/94         Effective date 05/03/94
   05/10/94         Copies available

AN ACT TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO REFER TO THE HEAD OF THE DEPARTMENT OF COMMERCE AS THE "SECRETARY OF COMMERCE" INSTEAD OF "DIRECTOR OF THE DEPARTMENT OF COMMERCE", AND PROVIDE THAT THE SECRETARY OF COMMERCE MAY APPOINT A DEPARTMENTAL EXECUTIVE DIRECTOR AND CERTAIN DIRECTORS TO MANAGE THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 13-1-30, RELATING TO DIRECTOR OF THE DEPARTMENT OF COMMERCE, HIS DUTIES AND RESPONSIBILITIES, AND DEPUTY DIRECTORS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY A SECRETARY, TO BE KNOWN AS THE SECRETARY OF COMMERCE, RATHER THAN A DIRECTOR, AUTHORIZE THE SECRETARY TO APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE OF THE SECRETARY AND TO BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF PROGRAMS OUTLINED BY THE SECRETARY, AND AUTHORIZE THE SECRETARY TO APPOINT A "DIRECTOR", RATHER THAN A "DEPUTY DIRECTOR", FOR EACH DIVISION OF THE DEPARTMENT, WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY AND BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF THE PROGRAMS OUTLINED BY HIM; TO AMEND SECTION 13-1-310, RELATING TO THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE THE TERM "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF STATE DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-610, RELATING TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-1320, RELATING TO THE DIVISION OF PUBLIC RAILWAYS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE PUBLIC RAILWAYS DIVISION; TO AMEND SECTION 55-1-5, RELATING TO THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE DIVISION OF AERONAUTICS; TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT THE TITLE "DIRECTOR OF THE DEPARTMENT OF COMMERCE" IS CHANGED FOR ALL PURPOSES UNDER THE LAWS OF THIS STATE TO "SECRETARY OF COMMERCE"; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE THE SECRETARY OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE A DIRECTOR WITHIN THE DEPARTMENT OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO ANY PERSON APPOINTED BY THE SECRETARY OF COMMERCE AS THE ADMINISTRATIVE HEAD OF A PARTICULAR DIVISION OF THE DEPARTMENT OF COMMERCE; TO PROVIDE THAT "DIRECTOR OF THE DEPARTMENT OF COMMERCE" WHEREVER USED OR SET FORTH IN THE LAWS OF THIS STATE MEANS THE SECRETARY OF COMMERCE, THAT IS, THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN TERMINOLOGY AND NOMENCLATURE SO AS TO COMPLY WITH THE DIRECTIVES AND THE INTENT OF THIS ACT.

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

Name changed to Secretary of Commerce

SECTION 1. Section 1-30-10(B)(1)(i) of the 1976 Code, as added by Section 1 of Act 181 of 1993, is amended to read:

"(i) a director, and in the case of the Department of Commerce, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,"

Departmental executive director; directors for divisions

SECTION 2. Section 1-30-10(E) of the 1976 Code, as added by Section 1 of Act 181 of 1993, is amended to read:

"(E) The department director may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions; in the case of the Department of Commerce, the Secretary of Commerce may appoint a departmental executive director and also may appoint directors to manage the various divisions of the Department of Commerce. 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 this 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. Deputy directors serve at the will and pleasure of the department director. The deputy director of a division is vested with the duty of overseeing, managing, and controlling the operation and administration of the division under the direction and control of the department director and performing such other duties as delegated by the department director."

Secretary of Commerce; executive director; director

SECTION 3. Section 13-1-30 of the 1976 Code, as added by Section 243 of Act 181 of 1993, is amended to read:

"Section 13-1-30. (A) The Department of Commerce shall be headed by a secretary, to be known as the Secretary of Commerce, who shall be appointed by the Governor upon the advice and consent of the Senate. The secretary shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States. He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act. He is subject to removal by the Governor as provided in Section 1-3-240.

(B) The Secretary of Commerce may appoint an executive director who shall serve at the pleasure of the secretary and shall be responsible to the secretary for the operation of programs outlined by the secretary.

(C) The Secretary of Commerce may appoint a director for each division of the department. Each director shall serve at the pleasure of the Secretary of Commerce and shall be responsible to the secretary for the operation of the programs outlined by the secretary."

Director for division; secretary for department

SECTION 4. Section 13-1-310 of the 1976 Code, as added by Section 244 of Act 181 of 1993, is amended to read:

"Section 13-1-310. The following terms, when used in this article, shall have the following meanings unless the context clearly requires otherwise:

(1) `Agency' means any state officer, department, board, commission, committee, institution, bureau, division, or other person or functional group that is authorized to exercise or that does exercise any executive or administrative function of government in the State; when the term `local agency' is used, it shall be construed to mean local political subdivisions of the State; when the term `federal agency' is used, it shall be construed to mean any agency of the government of the United States of America;

(2) `Director' means the Director for the Division of State Development.

(3) `Division' means the Division of State Development.

(4) `Secretary' means the Secretary of Commerce.

(5) `State' means the State of South Carolina."

Director for division; secretary for department

SECTION 5. Section 13-1-610 of the 1976 Code, as added by Section 245 of Act 181 of 1993, is amended to read:

"Section 13-1-610. The following terms, when used in this article, shall have the following meanings unless the context clearly requires otherwise:

(1) `Director' means the Director for the Division of Savannah Valley Development.

(2) `Division' means the Division of Savannah Valley Development.

(3) `Secretary' means the Secretary of Commerce."

Secretary for department; director for division

SECTION 6. Section 13-1-1320 of the 1976 Code, as added by Section 247 of Act 181 of 1993, is amended to read:

"Section 13-1-1320. For the purposes of this article, the following words and terms are defined as follows:

(1) `Division', unless otherwise indicated, means the Division of Public Railways within the Department of Commerce.

(2) `Secretary', unless otherwise indicated, means the executive and administrative head of the Department of Commerce or his designee.

(3) `Director or designee' means the person or persons appointed by the secretary, serving at his will and pleasure as his designee, to supervise and carry out the functions and duties of the Public Railways Division as provided for by law."

Secretary for department; director for division

SECTION 7. Section 55-1-5 of the 1976 Code, as added by Section 1288 of Act 181 of 1993, is amended to read:

"Section 55-1-5. For the purposes of Chapters 1 through 9 of Title 55, the following words and terms are defined as follows:

(1) `Division', unless otherwise indicated, means the Division of Aeronautics of the Department of Commerce.

(2) `Secretary', unless otherwise indicated, means the executive and administrative head of the Department of Commerce or his designee.

(3) `Director or designee' means the person or persons appointed by the secretary, serving at his will and pleasure as his designee, to supervise and carry out the functions and duties of the Division of Aeronautics as provided for by law."

Director of Department of Commerce changed to Secretary of Commerce

SECTION 8. Upon the effective date of this act, the title "Director of the Department of Commerce" is changed for all purposes under the laws of this State to "Secretary of Commerce".

Nomenclature, titles changed; Code Commissioner to make changes

SECTION 9. Notwithstanding any other provision of law:

(1) "Single director", "single commissioner", "department director", "director", and any other similar term, including the plural form of any of these terms, wherever used or set forth in the laws of this State means and includes the Secretary of Commerce whenever the context can be construed to include or refer to the executive and administrative head of the Department of Commerce or his designee.

(2) "Deputy director" or "deputy", including the plural form of either of these terms, wherever used or set forth in the laws of this State means and includes a director within the Department of Commerce whenever the context can be construed to include or refer to any person appointed by the Secretary of Commerce as the administrative head of a particular division of the Department of Commerce.

(3) "Director of the Department of Commerce" wherever used or set forth in the laws of this State means the Secretary of Commerce, that is, the executive and administrative head of the Department of Commerce.

(4) The Code Commissioner is directed to change all terminology and nomenclature referred to in (1), (2), and (3) of this section, wherever included, set forth, or contained in the laws of this State, so as to comply with the directives and the intent of this act, and no further act of the General Assembly shall be required to ratify the changes thereby effected.

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Approved the 3rd day of May, 1994.