South Carolina § 59-150-40 - Commission board; member requirements; appointment; terms; quorum; functions and procedure; general membership restrictions.

§ 59-150-40. Commission board; member requirements; appointment; terms; quorum; functions and procedure; general membership restrictions.

(A) The commission is governed by a board composed of nine members to be appointed as follows: three members must be appointed by the Governor, three members must be appointed by the President of the Senate, and three members must be appointed by the Speaker of the House of Representatives.

(B) A member must:

(1) be a resident of the State of South Carolina;

(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each board nominee. The commission shall pay for the cost of the investigation and may contract with the State Law Enforcement Division (SLED) or appropriate federal agency for the performance of the investigation;

(3) meet the qualifications for electors as provided in Section 7-5-120; and

(4) not have been an elected public official, as provided in Section 24, Article III of the Constitution of this State and Section 2-1-100, for at least one year before appointment.

(C) In making appointments to the board, the Governor, the President of the Senate, and the Speaker of the House of Representatives, as appropriate, shall consider legal, financial, accounting, and marketing experience and race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.

(D) The members shall serve terms of three years, except that of the initial appointments the Governor shall appoint two members, each to serve a two-year term, and one member to serve a four-year term; the Speaker of the House of Representatives shall appoint three members, each to serve a two-year term, coterminous with the Speaker; and the President of the Senate shall appoint three members, each to serve an initial four-year term. A vacancy that occurs on the board must be filled by appointment by the Governor, the President of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.

(E) A member shall not serve on the board if he is an officer or employee of the commission or if he has an immediate family member employed by the commission.

(F) A member of the board may receive per diem, subsistence, and mileage at the rate provided by law for members of state boards, committees, and commissions.

(G) The board shall elect from their membership officers of the board, including the chair.

(H) The board may delegate to any one or more of its members or to the executive director of the commission those powers and duties it considers proper.

(I) A majority of members in office or at least five members, whichever is greater, constitutes a quorum for the transaction of business and for the exercise of a power or function of the commission.

(J) Action may be taken and motions and resolutions adopted by the board at a board meeting by affirmative vote of a majority of present and voting board members. This subsection does not relieve the board from the requirements of the South Carolina Freedom of Information Act.

(K) A vacancy in the membership of the board does not impair the right of the members to exercise all the powers and perform all the duties of the board.

(L) A member of the board shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A member of the board who violates this section must be summarily dismissed.

(M) A member is appointed to the board for a term and may be removed from the board before the expiration of his term only as provided in Section 1-3-240(C).

HISTORY: 2001 Act No. 59, SECTION 2; 2019 Act No. 1 (S.2), SECTIONS 70 to 72, eff January 31, 2019.

Effect of Amendment

2019 Act No. 1, SECTION 70, in (A), substituted "President of the Senate" for "President Pro Tempore of the Senate".

2019 Act No. 1, SECTION 71, in (C), substituted "President of the Senate" for "President Pro Tempore of the Senate".

2019 Act No. 1, SECTION 72, in (D), in the first and second sentences, substituted "President of the Senate" for "President Pro Tempore of the Senate".