A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-3-210, RELATING TO FILLING VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO PROVIDE FOR WHEN THE GOVERNOR MAY MAKE AN INTERIM APPOINTMENT; BY AMENDING SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION , SO AS TO PROVIDE THAT THE MEMBERS OF THE ELECTION COMMISSION SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; BY ADDING SECTION 1-30-12 SO AS TO PROVIDE THAT CABINET MEMBERS WILL SERVE COTERMINOUS WITH THE GOVERNOR THAT APPOINTS THEM; BY AMENDING SECTION 1-13-40, RELATING TO THE COMMISSION ON HUMAN AFFAIRS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-15-10, RELATING TO THE COMMISSION ON THE STATUS OF WOMEN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-31-10, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT AND ENGAGEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 6-19-30, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-1-370, RELATING TO THE ADVISORY COMMITTEE OF THE DIVISION OF STATE DEVELOPMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-19-10, RELATING TO THE MIDLANDS AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-21-10, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 25-21-20, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS" TRUST FUND , SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 38-89-160, RELATING TO THE DAY CARE JOINT UNDERWRITING ASSOCIATION BOARD OF DIRECTORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-7-10, RELATING TO THE BOARD OF BARBER EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-13-10, RELATING TO THE BOARD OF COSMETOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-20-40, RELATING TO THE PANEL FOR DIETETICS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-30-40, RELATING TO THE BOARD OF MASSAGE THERAPY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-35-10, RELATING TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-47-11, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-51-30, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-57-40, RELATING TO THE REAL ESTATE COMMISSION , SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-59-10, RELATING TO THE RESIDENTIAL BUILDERS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-60-10, RELATING TO THE REAL ESTATE APPRAISERS BOARD, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-63-10, RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-67-10, RELATING TO THE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-69-10, RELATING TO THE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-81-50, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 43-31-40, RELATING TO THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-43-1320, RELATING TO DONATE LIFE SOUTH CAROLINA, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-53-830, RELATING TO THE DARE FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-41-260, RELATING TO THE AGRICULTURAL COMMODITIES ADVISORY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-50-40, RELATING TO THE COMMISSIONER OF AGRICULTURE, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 48-23-10, RELATING TO THE COMMISSION OF FORESTRY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 50-5-2700, RELATING TO THE ATLANTIC STATES MARINE FISHERIES COMPACT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 51-13-1720, RELATING TO THE OLD JACKSONBOROUGH HISTORIC DISTRICT BOARD OF REGENTS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 54-17-30, RELATING TO THE MARITIME SECURITY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-11-40, RELATING TO THE COMMISSION OF ARCHIVES AND HISTORY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-15-20, RELATING TO THE ARTS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; AND BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE.

 

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

 

SECTION 1.  Section 1-3-210 of the S.C. Code is amended to read:

 

    Section 1-3-210. (A)(1)During the recess of the Senate, vacancy which occurs in an If an office filled by an appointment of the Governor with the advice and consent of the Senate becomes vacant in the interim period between the second Thursday in May and the second Tuesday of January, then the office may be filled by an interim appointment of the Governor only if the Governor acts to fill the office during the same interim period in which the office became vacant.  The Governor must report the interim appointment to the Senate and must forward a formal appointment at its next ensuing regular session.

        (2) If the Senate does not advise and consent thereto to the appointment prior to sine die adjournment the second Thursday in May following the interim period during which the interim appointment was made, then of the next ensuing regular session, the office shall be vacantis vacated and the interim appointment shall not serve in hold over status notwithstanding any other provision of law to the contrary. The Governor may not make a subsequent interim appointment for the same vacancy. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim appointment shall expire on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant.

    (B) If the Senate votes to reject a Governor's appointee who is serving in an interim, acting, or other capacity, then the office is vacated notwithstanding any other provision of law to the contrary.

 

SECTION 2.  Section 7-3-10(A) of the S.C. Code is amended to read:

 

    Section 7-3-10.  (A) There is hereby created the State Election Commission composed of five members to be appointed by the Governor with the advice and consent of the Senate to serve terms coterminous with the Governor subject to the provisions in Section 1-30-12. at Of the five members, at least one of whom shall be a member of the majority political party represented in the General Assembly and at least one of whom shall be a member of the largest minority political party represented in the General Assembly, to be appointed by the Governor to serve terms of four years and until their successors have been appointed and qualify.  Any vacancy on the commission shall be filled for the unexpired portion of the term in the same manner as the original appointment.

 

SECTION 3.  Chapter 30, Title 1 of the S.C. Code is amended by adding:

 

    Section 1-30-12. (A) The governing authority for each department of the executive branch in Section 1-30-10(A) shall be for a term coterminous with the Governor who appointed the director or secretary with the advice and consent of the Senate. At the end of the Governor's term, a director or secretary may continue to serve until a successor is appointed and qualifies. However, a director or secretary continuing to serve pursuant to this subsection vacates his office if he has not been reappointed with the advice and consent of the Senate prior to sine die adjournment of the regular session of the General Assembly following the Governor's election.

    (B) The provisions contained in subsection (A) do not apply to the governing authority of the Department of Public Safety, the South Carolina Military Department, and the State Law Enforcement Division.

 

SECTION 4.  Section 1-13-40(b) of the S.C. Code is amended to read:

 

    (b) The commission shall consist of a member from each congressional district appointed by the Governor, with the advice and consent of the Senate, and two members at large appointed by the Governor. Each member shall serve for a term of three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term.

 

SECTION 5.  Section 1-15-10 of the S.C. Code is amended to read:

 

    Section 1-15-10. There is created a Commission on Women to be composed of 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 must be under and a part of the Department of Administration. 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 must 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 must be filled in the manner of the original appointment for the unexpired portion of the term only. No member must be eligible to serve more than two consecutive terms.

 

SECTION 6.  Section 1-31-10 of the S.C. Code is amended to read:

 

    Section 1-31-10. There is created a State Commission for Community Advancement and Engagement consisting of nine members and the Governor ex officio.  The Governor must appoint one person from each of the congressional districts of the State and two persons from the State at large upon the advice and consent of the Senate.  The Governor shall designate the chairman.  The members serve for a term of four years and until their successors are appointed and qualify.  A vacancy must be filled in the same manner as original appointment for the remainder of the unexpired term.  In making appointments, the Governor and Senate shall take all reasonable steps to ensure that members reflect the ethnic and racial diversity of the State.

 

SECTION 7.  Section 6-19-30 of the S.C. Code is amended to read:

 

    Section 6-19-30. The fund for such grants must be from either revenue-sharing trust funds or from general appropriations to the Department of Health and Environmental Services Control, which shall administer the 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 seven members, one from each congressional district of the State. In addition an employee of the Department of Health and Environmental ServicesControl, designated by the commissioner thereof, shall serve ex officio as a member of the committee. The Governor may invite a director, or his representative, from an agency providing water and sewer funds to serve as an advisory nonvoting member to the committee. All members must be appointed for terms of three years. In the event of a vacancy a successor shall 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 chairman, secretary, and such other officers as it may deem desirable. The advisory committee shall select the projects to be funded pursuant to Section 6-19-40. Funds 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 must be made only for water supply and waste water facilities projects on which construction was not commenced before April 1, 1974.

 

SECTION 8.  Section 13-1-370 of the S.C. Code is amended to read:

 

    Section 13-1-370.  (A) The director may, in his discretion, establish an advisory committee of the Division of State Development (hereafter, in this section, the "advisory committee") which if established, would be comprised of twenty-four citizens of the State to be appointed by the Governor upon the advice and consent of the Senate.  One member must be appointed from each of the following two-county areas:

        1. Richland and Kershaw counties;

        2. Spartanburg and Cherokee counties;

        3. Laurens and Newberry counties;

        4. Abbeville and Greenwood counties;

        5. Berkeley and Charleston counties;

        6. Oconee and Anderson counties;

        7. Florence and Marion counties;

        8. Greenville and Pickens counties;

        9. Horry and Georgetown counties;

        10. Union and York counties;

        11. Lee and Darlington counties;

        12. Marlboro and Dillon counties;

        13. Chester and Fairfield counties;

        14. Lancaster and Chesterfield counties;

        15. Sumter and Calhoun counties;

        16. Clarendon and Williamsburg counties;

        17. Beaufort and Jasper counties;

        18. Dorchester and Colleton counties;

        19. Orangeburg and Bamberg counties;

        20. Allendale and Hampton counties;

        21. Aiken and Barnwell counties;

        22. Lexington and Saluda counties;

        23. Edgefield and McCormick counties.

    (B) The Governor shall appoint one member from the State at large who shall serve as chairman.  The terms of the members are for a period of four years and until their successors are appointed and qualify.  Terms for all members commence on July first of the year of appointment.  Of the members initially appointed from the two-county areas, the Governor shall appoint one member from each of the following counties for a term of two years:  Kershaw, Cherokee, Newberry, Greenwood, Charleston, Anderson, Marion, Pickens, Georgetown, York, Darlington, and Dillon, and the Governor shall appoint one member from each of the following counties for a term of four years:  Fairfield, Chesterfield, Calhoun, Williamsburg, Jasper, Colleton, Bamberg, Hampton, Barnwell, Lexington, and McCormick.  Upon the expiration of the initial terms of the members appointed from the two-county areas, the Governor shall rotate the appointment of these members between the counties in each of the two-county areas.  The advisory committee may select other officers from its membership to serve for terms designated by it.  Vacancies must be filled in the manner of the original appointments for the unexpired portions of the terms.  The members of the advisory committee must be paid the usual mileage and subsistence as is provided by law for members of state boards, commissions, and committees.  The advisory committee must meet four times a year, and may meet more often if the chairman considers it necessary or if ten members request the chairman to call a meeting, and the director approves such additional meetings.  The advisory committee may not meet at any location outside the boundaries of South Carolina.  The advisory committee shall advise and consult with the director on the following matters:

       (a)(1) the condition of and prospects for economic development in the State - particularly in the rural areas;

       (b)(2) the fostering of a close working relationship between the primarily rural, or primarily agricultural, counties of the State and the counties which are primarily nonrural or nonagricultural;

       (c)(3) the identification of problems facing smaller rural counties and of solutions to those problems;

       (d)(4) having input to the director regarding industrial prospects throughout the State;  and

       (e)(5) any other matter which the director considers necessary to assist the director, in the way of consultation or advice, in carrying out any of the director's duties or functions under this article.

 

SECTION 9.  Section 13-19-10 of the S.C. Code is amended to read:

 

    Section 13-19-10.  There is created the Midlands Authority of South Carolina, referred to in this chapter as the "authority".  The governing body of the authority consists of a nine member board appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until their successors are appointed and qualify.  Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.  Two members must be resident residents of each of the following counties:  Richland, Lexington, Fairfield, and Newberry.  One member must be appointed from the state at large.  Vacancies on the board for any reason must be filled for the unexpired term in the manner of original appointment.

 

SECTION 10. Section 13-21-10 of the S.C. Code is amended to read:

 

    Section 13-21-10.  There is created the Edisto Development Authority, referred to in this chapter as the "authority".  The governing body of the authority consists of a seven member board appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until their successors are appointed and qualify.  Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.  One member must be appointed from each of the following counties:  Allendale, Bamberg, Barnwell, Calhoun, Hampton, and Orangeburg.  One member must be appointed from the state at large.

 

SECTION 11. Section 25-21-20(A) of the S.C. Code is amended to read:

 

    (A) There is created the Board of Trustees for the Veterans' Trust Fund of South Carolina composed of eleven voting members.  The Governor, with the advice and consent of the Senate, shall appoint the board consisting of seven members selected at large, two members currently serving as county veterans' affairs officers, and two members who represent veterans' service organizations.  Of the seven members appointed at large, three must come from a rural county as designated by the U.S. Census Bureau.  Of the eleven appointed members, at least six must be United States Armed Forces veterans.  Any veteran who serves on the board, must have been honorably discharged from the armed services.  No more than one appointed member may reside in the same county.  The Secretary of the Department of Veterans' Affairs shall serve as the Executive Director of the Trust Fund and an ex officio non-voting member of the board.  The members of the board shall elect officers from among themselves as necessary and shall utilize the staff of the Veterans' Affairs Department in order to carry out its duties, as provided in Section 25-21-30.

 

SECTION 12. Section 38-89-160 of the S.C. Code is amended to read:

 

    Section 38-89-160. The association is governed by a board of seven directors, one of whom is appointed by the Governor, with the advice and consent of the Senate, to represent the general public and three of whom are day care owners or operators appointed by the Governor. Three directors are elected by cumulative voting by members of the association, whose votes in the election must be weighed in accordance with each member's net direct premiums written during the preceding calendar year. The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups for voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of the group may serve as a director at any one time. The insurer representatives of the board of directors must be elected at a meeting of the members or their authorized representatives, which must be held at a time and place designated by the board of directors. The board shall elect a chairman and other necessary officers.

 

SECTION 13. Section 40-7-10 of the S.C. Code is amended to read:

 

    Section 40-7-10. The State Board of Barber Examiners is established and consists of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until successors are appointed and qualify.  Four members must be licensed barbers who have been engaged in the practice of barbering for at least five years in this State, and of these members at least two must be licensed as master haircare specialists.  One member must be a member from the general public not connected with the practice of barbering.  Nominations for the member from the general public may be submitted to the Nominations Committee by an individual, group, or association.  The Nominations Committee shall give consideration to these nominations, and the appointment of this member must be made in accordance with Section 40-1-45.  The member from the general public has all the rights and privileges of the other board members except the lay member may not participate in the examination of an applicant for a license.  The Governor may remove a member in accordance with Section 1-3-240 and shall appoint a member to fill the unexpired portion of the term.  A majority vote is required to exercise any function of the board.

 

SECTION 14. Section 40-13-10 of the S.C. Code is amended to read:

 

    Section 40-13-10.  (A) A State Board of Cosmetology is created composed of seven members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired portion of the term. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. One member must be from the public at large and not connected with the practice of cosmetology. One member must be an esthetician and one must be a nail technician.

        (1) It is unlawful for a member of the board or an inspector or employee of the board, or a spouse of a board member, inspector, or employee to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons or schools.

        (2) The member of the board who is not connected with the practice of cosmetology has all rights and privileges of other members of the board except the member may not participate in the examination of an applicant for a license.

    (B) There is created an Advisory Committee to the State Board of Cosmetology composed of six members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Terms commence on April first. Vacancies on the committee must be filled in the manner of original appointment for the unexpired term.

        (1) The following associations or groups shall recommend one person to the Governor for appointment to the committee:  the National Cosmetology Association of South Carolina, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association who recommended the person shall submit additional names to the Governor for consideration.

        (2) Committee members shall receive the same mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings must be kept by the board as part of its public record.

 

SECTION 15. Section 40-20-40(A) of the S.C. Code is amended to read:

 

    (A) There is created the South Carolina Panel for Dietetics under the administration of the Department of Labor, Licensing and Regulation composed of the following seven members to be appointed by the Governor with the advice and consent of the Senate:

       (1) One member shall represent the public at large and must not be a dietitian, an agent or employee of a person engaged in the profession of dietetics, a licensed health care professional, an agent or employee of a health care institution, a health care insurer, or a health care professional school, a member of any allied health care profession, or the spouse of any of these individuals.

       (2) One member must be employed by a hospital and recommended by the South Carolina Hospital Association.

       (3) Five members must be dietitians licensed to practice in this State and recommended by the South Carolina Dietetic Association:

           (a) one must be a professional whose primary practice is clinical dietetics;

           (b) one must be a professional whose primary practice is community or public health dietetics;

           (c) one must be a professional whose primary practice is consulting in dietetics;

           (d) one must be a professional whose primary practice is in management of nutritional services;

           (e) one must be an educator on the faculty of a college or university, specializing in the field of dietetics.

 

SECTION 16. Section 40-30-40(A) of the S.C. Code is amended to read:

 

    (A) There is created the Board of Massage Therapy under the administration of the department.  The board shall be composed of seven members appointed by the Governor, upon the advice and consent of the Senate.  Six members must be licensed massage therapists in good standing and must have been engaged in the practice of massage therapy for no fewer than three consecutive years before appointment to the board.  One member must represent the public at large and must not have a financial interest, direct or indirect, in the profession or practice of massage therapy.  A board member must be a high school graduate or shall have received a graduate equivalency diploma and must be a citizen of the United States and a resident of this State for no fewer than five years.  Nominations for appointment to the board may be submitted to the Governor from any individual, group, or association.

 

SECTION 17. Section 40-35-10(A) of the S.C. Code is amended to read:

 

    (A) There is created the South Carolina Board of Long Term Health Care Administrators composed of nine members who must be appointed by the Governor, with the advice and consent of the Senate, for three-year terms and until their successors are appointed and qualify. Of the nine members:

       (1) three must be qualified nursing home administrators licensed under this chapter;  one must be from a proprietary nursing home;  one must be from a nonproprietary nursing home;  and one must be a qualified hospital administrator;

       (2) three must be community residential care facility administrators, licensed under this chapter, at least one of whom must be from a community residential care facility with ten or fewer residents;

       (3) one must be a consumer, sponsor, or family member of a consumer of nursing home services;

       (4) one must be a consumer, sponsor, or family member of a consumer of community residential care services;

       (5) one must be a voting member of the Long Term Care Committee of the Health and Human Services Coordinating Council who must be nominated by election of the committee from among its voting members. If the Governor does not accept the nomination, an additional nominee must be selected in the same manner.

    The Commissioner of the Department of Health and Environmental Control, or his designee, also shall serve as a nonvoting member on the board, ex officio.

    An individual, group, or association may submit the names of qualified individuals to the Governor for his consideration in making these appointments.

    A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. A member may not serve more than two consecutive full terms.

 

SECTION 18. Section 40-47-11(B) of the S.C. Code is amended to read:

 

    (B) All lay commissioners must hold a baccalaureate degree or higher, must not have been convicted of a felony or other crime of moral turpitude, and must not be employed or have a member of their immediate family employed in a health or medically related field. One lay commissioner must be appointed by the Governor from each of the seven congressional districts, with the advice and consent of the Senate. Each lay commissioner must be a registered voter and reside in the congressional district he represents throughout his term. Each lay commissioner initially appointed from each district shall serve for a term of three years and until his successor is appointed and qualified. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired portion of the term. The Governor may appoint a lay commissioner to serve a full term;  however, a lay commissioner may not serve more than three consecutive terms.

 

SECTION 19. Section 40-51-30(A) of the S.C. Code is amended to read:

 

    (A) There is created the Board of Podiatry Examiners to be composed of five members, appointed by the Governor with the advice and consent of the Senate, one of whom must be a lay member from the State at large, one of whom must be a podiatrist from the State at large who shall serve as chairman, and three of whom must be podiatrists, one from each of these districts:

       (1) the Upper District comprised of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield, Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood, Laurens, and Abbeville counties;

       (2) the Central District comprised of Kershaw, Chesterfield, Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg, Lexington, Aiken, Barnwell, and Allendale counties;  and

       (3) the Lower District comprised of Hampton, Jasper, Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon counties.

 

SECTION 20. Section 40-57-40(A) of the S.C. Code is amended to read:

 

    (A) The South Carolina Real Estate Commission consists of ten commissioners elected or appointed as follows:

       (1) seven commissioners who are professionally engaged in the active practice of real estate, one elected from each congressional district by a majority of house members and senators representing the house and senate districts located within each congressional district;

       (2) two commissioners 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 elected and appointed commissioners shall elect from the State at large one additional commissioner who must be in the active practice of real estate.

 

SECTION 21. Section 40-59-10(A) of the S.C. Code is amended to read:

 

    (A) There is created the South Carolina Residential Builders Commission which must be composed of eight persons who 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 any member of the commission in accordance with Section 1-3-240.

 

SECTION 22. Section 40-60-10(B) of the S.C. Code is amended to read:

 

    (B) The South Carolina Real Estate Appraisers Board consists of eight members who must be residents of this State and appointed by the Governor with the advice and consent of the Senate and with consideration given to appropriate geographic representation and to areas of appraisal expertise as follows:

       (1) One member must be a public member who may not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending.  The member from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45.

       (2) One member must be a licensed real estate broker.

       (3) One member must be actively engaged in mortgage lending, representing supervised financial institutions, who is not a real estate licensee or a real estate appraiser and who also must not be connected in any way with the brokerage of real estate, the appraisal of real estate, or the review of real estate appraisals.

       (4) Four members must be licensed or certified appraisers, actively engaged in real estate appraisal for at least three years, one of whom must be a certified general appraiser and one of whom must be a certified residential appraiser.  In appointing real estate appraisers to the board, the Governor, while not automatically excluding other appraisers, shall give preference to real estate appraisers whose primary source of income is derived from appraising real estate and not real estate brokerage.

       (5) One member must represent an appraisal management company registered with the board.

 

SECTION 23. Section 40-63-10(A) of the S.C. Code is amended to read:

 

    (A) There is created the State Board of Social Work Examiners to be composed of seven members appointed by the Governor, with the advice and consent of the Senate, including one lay member, two licensed baccalaureate social workers, two licensed master social workers, and two licensed independent social workers (clinical or advanced practice). All members must be residents of this State and the social workers must have been in the active practice of social work for at least five years before appointment. The terms of the members are for four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment. The board shall have powers and duties as stated in Section 40-1-70. The board may promulgate regulations to carry out the provisions of this chapter. The Governor may remove a member in accordance with Section 1-3-240. No member may be removed without an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed. Vacancies on the board must be filled in the manner of the original appointment for the unexpired portion of the term.

 

SECTION 24. Section 40-67-10(C) of the S.C. Code is amended to read:

 

    (C) All members must be appointed by the Governor with the advice and consent of the Senate.  Nominations for appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45.  Members shall serve terms of four years and until a successor has been appointed and qualifies.

 

SECTION 25. Section 40-69-10(B) of the S.C. Code is amended to read:

 

    (B) The veterinarian at large, the veterinary technician, and the consumer member must be appointed by the Governor.  The board shall conduct an election to nominate two veterinarians from each congressional district.  The election must provide for participation by all veterinarians currently licensed and residing in the respective nominating district.  The South Carolina Veterinary Technician Association shall submit up to two names to the Governor as recommendations for the veterinary technician member.  The Governor shall also consider nominations from any other individual, group, or association.  The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member;  however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected.  If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner.  All appointments by the Governor must be made with the advice and consent of the Senate.  Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

 

SECTION 26. Section 40-81-50(A) of the S.C. Code is amended to read:

 

    (A) There is created the State Athletic Commission consisting of nine 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 from the State at large. One of the at-large appointments 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 27. Section 43-31-40 of the S.C. 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, and this agency shall provide for the administration of this chapter. The members of the agency shall consist of one member from each congressional district. The Governor, upon the advice and consent of the Senate, shall appoint the members. The members shall serve a term of seven years. The terms of office must always remain staggered so that the term of one member expires every year with appointments to fill unexpired terms caused by death, resignation, or disability.

 

SECTION 28. Section 44-43-1320(A) of the S.C. Code is amended to read:

 

    (A) Donate Life South Carolina is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:

       (1) one representative from a civic organization that promotes organ or tissue donation or both;

       (2) four members representing organ and tissue recipients, families of recipients, and families of donors who are residents of South Carolina;  of these four members, one each must represent the Lowcountry, Pee Dee, Midlands, and Piedmont regions of the State;

       (3) one forensic pathologist who is a resident of and who is licensed to practice medicine in South Carolina;

       (4) four at-large members who have demonstrated an interest in organ and tissue donation and education and who are residents of this State.

 

 SECTION 29.   Section 44-53-830(A) of the S.C. Code is amended to read:

 

    (A) The DARE Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:

       (1) the Attorney General, ex officio, or his designee;

       (2) two county sheriffs, who shall serve ex officio;

       (3) two police chiefs;

       (4) two local law enforcement officers assigned to the DARE Program;  and

       (5) two school principals.

    Directors who are not elected officials serve by virtue of their position at the time of appointment.

 

SECTION 30. Section 46-41-260(B) of the S.C. Code is amended to read:

 

    (B) The advisory commission shall consist of ten members, one of whom shall be the Commissioner of Agriculture, ex officio, and nine of whom shall be appointed by the commissioner, upon the advice and consent of the Senate. The commissioner shall appoint a:

       (1) warehouseman or cotton ginner;

       (2) producer upon the recommendation of the South Carolina Corn and Soybean Association;

       (3) producer upon the recommendation of the South Carolina Farm Bureau Federation;

       (4) financier who is familiar with the financing of businesses that store or market the commodities that are regulated under this chapter upon the recommendation of a South Carolina financial institution with an agricultural background;

       (5) commodity trader who executes future trades related to a hedging program for purchases or sales of commodities regulated under this chapter;

       (6) owner or operator of an elevator that handles agricultural commodities;

       (7) owner or operator of an inland elevator or barge-loading river facility or a licensed South Carolina grain dealer upon the recommendation of the South Carolina Palmetto Agribusiness Council;

       (8) producer appointed upon the recommendation of the South Carolina Poultry Federation;

       (9) cotton merchant appointed from the State at large;  and

       (10) cotton producer appointed upon the recommendation of the South Carolina Board of the Southern Cotton Growers, Inc.

 

SECTION 31. Section 46-50-40 of the S.C. Code is amended to read:

 

    Section 46-50-40.  The State Commissioner of Agriculture shall act as compact administrator for the State of South Carolina, and shall also be a member and serve as chairman of the state's delegation to the Southern Interstate Dairy Compact Commission. With the advice and consent of the Senate, theThe Governor shall appoint four additional delegates to represent the State on the Southern Dairy Compact Commission provided for in Article III of the compact. The four additional delegates must include two dairy producers actually engaged in the production of milk at the time of their appointment or reappointment, one milk  processor actually engaged in the processing of milk in this State into milk products for public consumption at the time of his appointment or reappointment, and one consumer representative from the public at large. Each delegate appointed by the Governor shall serve for a term of four years and shall diligently and conscientiously strive to achieve the purposes of the Southern Dairy Compact. Vacancies in the state's delegation shall be filled in the same manner as the original appointments for the unexpired term. Delegates whose expenses are not paid or reimbursed by the Southern Interstate Dairy Compact Commission may submit claims for travel and per diem to the Department of Agriculture. Upon approval of the claims by the Compact Administrator, or his designee, delegates shall receive per diem not to exceed thirty-five dollars for each day of service plus reimbursement at the prevailing state rate for travel expenses incurred in the performance of their duties as delegates. The Commissioner of Agriculture may provide funding and facilities as necessary to support and enable the delegation to perform its mission under the compact from funds appropriated to the Department of Agriculture.

 

SECTION 32. Section 48-23-10 of the S.C. Code is amended to read:

 

    Section 48-23-10.  There is created and established a State Commission of Forestry to consist of nine members, each of whom shall be a resident of this State and shall be appointed by the Governor.  Of this commission, two members shall be practical lumbermen, one member shall be a farmer who is a landowner, three members shall be selected and appointed from the public at large, two members shall be appointed by the Governor from the public at large upon the advice and consent of the Senate and the ninth member shall be the President of Clemson University or the Dean of the School of Forestry to serve as his designee on the commission.  The members of the commission shall be selected and appointed with reference to their knowledge of and interest in the forests of the State and the products derived therefrom.  In making his appointments, the Governor shall make all reasonable effort to provide representation from every geographical section of the State and a reasonable balance between the interests of corporations and individuals.

 

SECTION 33. Section 50-5-2700 of the S.C. Code is amended to read:

 

    Section 50-5-2700. In pursuance of Article III of the Atlantic States Marine Fisheries Compact, of which this State is a signatory, there shall be three members, hereinafter called compact commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter called the Compact Commission, from this State. The first compact commissioner from this State shall be the director of the department, ex officio. Notwithstanding the provisions of Section 8-13-770, the second compact commissioner from this State shall be a member of the General Assembly who is also a member of the Commission on Interstate Cooperation of this State, designated by the Commission on Interstate Cooperation to serve ex officio. The Governor, by and with the advice and consent of the Senate, shall appoint a citizen of this State as a third compact commissioner, who shall have a knowledge of and interest in the marine fisheries problem. The term of the compact commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of the commissioner for any reason or cause shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, for the unexpired term. The director of the department as an ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the Compact Commission. These commissioners' service shall begin when the compact has gone into effect in accordance with Article II thereof and also shall begin upon the date upon which the compact shall become effective in accordance with Article II.

 

SECTION 34. Section 51-13-1720 of the S.C. Code is amended to read:

 

    Section 51-13-1720.  (A) The authority must be governed by a board of regents consisting of seven members, as follows:

        (a)(1) one member appointed by the Senator in whose district the present Village of Jacksonborough is located. The member must be a resident of this State;

        (b)(2) one member appointed by the Representative in whose district the present Village of Jacksonborough is located. The member must be a resident of this State;

        (c)(3) four members resident in Colleton County appointed by the Governor upon recommendation of the Colleton County Legislative Delegation; and

        (d)(4) one member appointed by the Governor with the advice and consent of the Senate who resides in the congressional district in which the present Village of Jacksonborough is located.

    (B) The terms of the members must 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 must be determined by lot. In the case of a vacancy, the vacancy must 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 other officers it considers necessary from its membership.

 

SECTION 35. Section 54-17-30 of the S.C. Code is amended to read:

 

    Section 54-17-30.  (A) There is created a Maritime Security Commission composed of nine members:

        (1) one member shall be the Chairman of the State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman;

        (2) one member shall be a chief of police or equivalent, ex-officio;

        (3) one member shall be a fire chief or equivalent, ex-officio;

        (4) one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;

        (5) one member shall represent the commercial maritime community;

        (6) one member shall be a retired United States Coast Guard officer, grade 0-5 or higher, who supervised federal port security duties as a Captain of the Port;

        (7) one member shall be a retired United States Navy or Navy Reserve officer, grade 0-6 or higher;

        (8) one member shall be a retired United States Marines Corps or Marine Corps Reserve officer, grade 0-6 or higher;  and

        (9) one member shall be a retired United States Coast Guard or Coast Guard Reserve officer, grade 0-6 or higher.

    (B) The five members who are not ex-officio shall be appointed by the Governor with the advice and consent of the Senate. These non-ex-officio members shall be selected from respective lists of retired Navy and Navy Reserve, Marine Corps and Marine Corps Reserve, Coast Guard and Coast Guard Reserve officers residing in South Carolina and commercial maritime community members maintained by the Captains of the Port. The chiefs of police and fire chiefs shall be from the port communities and shall rotate annually into the position on the commission. The order of rotation shall be determined by the respective chiefs. The Coast Guard member and the commercial maritime community member shall serve initial terms of two years, the Navy and Marine Corps members shall serve initial terms of four years, and the Coast Guard member who supervised federal port security duties as Captain of the Port shall serve an initial term of six years. Thereafter, the four members who are not ex-officio shall serve terms of six years. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. These appointments must be made as each term of the present commissioners expires. The appointees, however, shall serve until their successors have been appointed and qualified. There shall be a chairman and a secretary elected by the members of the commission pursuant to rules adopted by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.

 

SECTION 36. Section 60-11-40(3) of the S.C. Code is amended to read:

 

    (3) Six non-ex officio members shall be appointed by the Governor as follows:  one member upon the recommendation of the South Carolina Historical Society, one member upon the recommendation of the American Legion, Department of South Carolina, one member upon the recommendation of the South Carolina Historical Association, and one member upon the recommendation of the University South Caroliniana Society. Each shall serve for a term of five years. Two members shall be appointed by the Governor with the advice and consent of the Senate for terms of office to run concurrently with the term of the Governor. Vacancies shall be filled for the unexpired term in the same manner as the original appointment.

 

SECTION 37. Section 60-15-20 of the S.C. Code is amended to read:

 

    Section 60-15-20.  There is hereby created the South Carolina Arts Commission, to consist of nine members, representative of all fields of the creative and interpretive arts, to be appointed by the Governor with the advice and consent of the Senate from among private citizens who are widely known for their professional competence and experience in connection with the interpretive and creative arts.  In making such appointments consideration shall be given to the recommendations made by representative, civic, educational and professional associations and groups, concerned with or engaged in the production or presentation of the fine arts generally.

 

SECTION 38. Section 63-11-700(A) of the S.C. Code is amended to read:

 

    (A) There is created, within the Department of Children's Advocacy, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district, all appointed by the Governor with the advice and consent of the Senate.

 

SECTION 39. This act takes effect upon approval by the Governor.

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