H*4514(Rat #0196, Act #0379 of 2008)  General Bill, By Shoopman, Loftis, 
G.R. Smith, Cato, Bedingfield, Haskins, Hamilton, Rice, Allen, F.N. Smith, 
Taylor, Bannister and Leach

Similar(S 1002)
 AN ACT TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE
 HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE
 THE BOARD FROM SEVEN TO TWELVE MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE
 MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE
 TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING
 TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE
 OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE
 RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO
 EFFECT THIS PLAN. - ratified title

   01/17/08  House  Introduced, read first time, placed on calendar
                     without reference HJ-6
   01/18/08         Scrivener's error corrected
   01/22/08  House  Amended HJ-22
   01/22/08  House  Debate adjourned until Wednesday, January 23,
                     2008 HJ-24
   01/23/08  House  Read second time HJ-29
   01/24/08  House  Read third time and sent to Senate HJ-13
   01/24/08  Senate Introduced, read first time, placed on local &
                     uncontested calendar SJ-5
   01/31/08  Senate Amended SJ-24
   02/01/08         Scrivener's error corrected
   02/05/08  Senate Amended SJ-30
   02/05/08  Senate Read second time SJ-30
   02/06/08         Scrivener's error corrected
   02/06/08  Senate Read third time and returned to House with
                     amendments SJ-24
   02/07/08  House  Concurred in Senate amendment and enrolled HJ-16
   02/13/08         Ratified R 196
   02/15/08         Signed By Governor
   02/21/08         Copies available
   02/21/08         Effective date 02/15/08
   08/06/08         Act No. 379

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(A379, R196, H4514)

AN ACT TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO TWELVE MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.

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

Greenville Hospital System Board of Trustees revised

SECTION    1.    Section 4 of Act 432 of 1947, as last amended by Act 546 of 1951, is further amended to read:

"Section 4.    (A)    For the purpose of operating and at all times maintaining adequate hospital facilities for the residents of Greenville County, including those residents in the City of Greenville and as otherwise provided by law, there is established the Greenville Hospital System Board of Trustees.

(B)(1)    The board of trustees shall consist of twelve members to be appointed by the Greenville County Legislative Delegation pursuant to this section. All members must be qualified electors. Members filling house district residency seats, as provided for in this subsection, shall, at the time of their appointment and throughout their term of office, reside in a house district, which constitutes part of the specific house district residency seat. Six of the twelve members must be considered as filling house district residency seats, with one seat being filled by a person residing in House District 17 or 18, one residing in House District 19 or 26, one residing in House District 20 or 21, one residing in House District 22 or 24, one residing in House District 23 or 25, and one residing in House District 16, 27, or 28. Six of the twelve members must be at large, at least four of whom must reside in Greenville County, and two of whom may reside within or without Greenville County. Two of the members serving at large and residing in Greenville County must reside in the City of Greenville, but no more than three of the twelve members may reside in the city limits of a single municipality; provided, however, that four members may reside in the city limits of a single municipality during the period ending October 1, 2011, in which the members specified in subsection (D) shall continue to serve. Appointment of at-large members who are residents of the City of Greenville must be submitted for review by the City of Greenville as provided in subsection (B)(3)(a). Members shall represent all communities served by the Greenville Hospital System regardless of residency and shall make decisions in the best interests of the Greenville Hospital System as a whole and all those it serves.

(2)    Members shall serve terms of six years, which expire on October first of the appropriate year, and until their successors are appointed and qualify; however, under no circumstance may a member continue to serve longer than six months after the expiration of his term. Members may not serve more than one six-year term, except that a member who fills a partial term of less than three years or the term provided for in subsection (E)(3) may be reappointed to serve one six-year term. If the Greenville County Legislative Delegation has not filled a seat within six months of the expiration of the term, the member serving in that seat shall cease serving and the seat is vacant until filled in accordance with this section. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Appointments must be filed in the office of the Clerk of Court for Greenville County, who shall certify their appointment to the Governor of South Carolina, who shall commission the member for the term provided.

(3)(a)    The board of trustees shall publicize vacancies, and recommendations may be made to the board from any individual, organization, or group. The board shall submit at least two nominees for each vacancy to the Greenville County Legislative Delegation, except as provided for in subsection (B)(3)(b). The board shall provide the legislative delegation with biographical information on the nominees and must be available to discuss the recommendations and shall make the nominees available, if requested by the legislative delegation, to meet with the delegation. The legislative delegation with a quorum present and by majority-weighted vote shall select one nominee from the nominees submitted for each vacancy. However, if after the board has submitted its initial nominees, the delegation requests additional nominees, the board has one hundred twenty days to submit the additional nominees. If the board does not submit additional nominees within one hundred twenty days of the request, the legislative delegation has sixty days to appoint qualified members to fill the vacancy without considering nominations from the board. If the board does submit one additional set of nominees within the one hundred twenty days and the delegation does not select one of the nominees, the delegation has sixty days to appoint qualified members to fill the vacancy without considering the nominations from the board. An individual selected by the delegation to fill the seat of an at-large member who is a resident of the City of Greenville must be submitted by the legislative delegation to the City Council of the City of Greenville for concurrence, and the city council shall act timely on the request for concurrence. If the city council does not concur in the appointment, the board must submit two nominees to the legislative delegation to fill the seat and the legislative delegation shall select from the nominees another individual and submit that nominee to the City of Greenville for concurrence. All recommendations, nominations, and appointments to the board shall take into account race, gender, expertise, and other qualifications as may be pertinent to service on the board so that such members are mindful, to the greatest extent possible, of the needs of all segments of the population of Greenville County and those served by the Greenville Hospital System.

(b)    Notwithstanding the provisions of subsection (B)(3)(a) requiring the board to submit two nominees to the Greenville County Legislative Delegation for each vacancy, when the term expires of a member serving an unexpired portion of a term of less than three years, the board may elect to nominate only that member to fill the vacancy occurring at the expiration of the member's partial term.

(C)(1)    The board shall elect from among its members a chairman, vice chairman, and secretary.

(2)    Members shall serve on the board of trustees without compensation.

(D)    Members serving on this act's effective date shall continue to serve until their terms expire and until their successors are appointed and qualify. The House District Residency Seat for House District 20 or 21 initially must be filled by Mr. Frank Landgraff, a currently serving member whose term will expire October 1, 2009. The House District Residency Seat for House District 22 or 24 initially must be filled by Mr. Harry Chapman, a currently serving member whose term will expire October 1, 2011. An at-large seat initially must be filled by Ms. Frances Ellison, a currently serving member whose term will expire October 1, 2011. An at-large seat initially must be filled by Mr. Jack Shaw, a currently serving member whose term will expire October 1, 2009. An at-large seat must be filled by Ms. Rita McKinney, who had been approved by the City of Greenville but who had not been commissioned by the Governor, for a term to expire October 1, 2011. On the expiration of these members' terms, new members must be appointed in accordance with this section for one six-year term to fill the vacancies created by the expiration of these terms.

(E)(1)    In addition to the members provided for in subsection (D), these new members must be appointed in 2008:

(a)    new members whose terms expire October 1, 2013:

(i)        the member residing in House District 17 or 18;

(ii)    the member residing in House District 19 or 26;

(iii)    the member residing in House District 23 or 25; and

(iv)    the member residing in House District 16, 27, or 28;

(b)    one new at-large member whose term expires October 1, 2011;

(c)    two new at-large members whose terms expire October 1, 2009.

(2)    On the expiration of the members' terms appointed pursuant to item (a) or (b) of subsection (E)(1), new members must be appointed in accordance with this section for one six-year term to fill the vacancies created by the expiration of these terms.

(3)    Of the members appointed pursuant to subsection (E)(1), only the two members appointed pursuant to item (c) of subsection (E)(1) may be reappointed to serve one six-year term. If the board wishes to reappoint the member appointed pursuant to item (c) of subsection (E)(1), the board may elect to nominate only that one person to fill the vacancy in that at-large seat for one six-year term."

Repeal

SECTION    2.    Section 1 of Act 432 of 1947 is repealed.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 13th day of February, 2008.

Approved the 15th day of February, 2008.