South Carolina General Assembly
105th Session, 1983-1984

Bill 3407

                    Current Status

Bill Number:               3407
Ratification Number:       338
Act Number:                309
Introducing Body:          House
Subject:                   Relating to the South Carolina Research
                           Authority and to the exemption of governmental
                           bodies from purchasing certain items under
                           provisions of the consolidated procurement
                           code
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A309, R338, H3407)

AN ACT TO AMEND SECTIONS 13-17-10, 13-17-40, AND 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY AND TO THE EXEMPTION OF GOVERNMENTAL BODIES FROM PURCHASING CERTAIN ITEMS UNDER PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE PRINCIPAL OFFICE OF THE AUTHORITY FROM THE CITY OF COLUMBIA TO THE STANDARD METROPOLITAN AREA OF COLUMBIA, TO EMPOWER THE DIRECTOR OF THE AUTHORITY WITH APPROVAL OF THE BOARD TO APPOINT AND FIX COMPENSATION OF OFFICERS AND EMPLOYEES, AND TO EXEMPT THE AUTHORITY FROM THE APPLICATION OF CERTAIN PURCHASING RESTRICTIONS OF THE PROCUREMENT CODE; AND TO AMEND THE CODE BY ADDING SECTION 13-17-170 SO AS TO EXEMPT THE AUTHORITY AND ITS EMPLOYEES FROM PROVISIONS OF TITLE 8 (PUBLIC OFFICERS AND EMPLOYEES), EXCEPT CHAPTER 5 (NEPOTISM) AND CHAPTER 13 (ETHICS AND DISCLOSURE), AND FROM TITLE 9 (STATE RETIREMENT SYSTEMS).

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

Authority created

SECTION 1. Section 13-17-10 of the 1976 Code, added by Act 50 of 1983, is amended to read:

"Section 13-17-10. There is created a body corporate and politic to be known as the South Carolina Research Authority (authority). The principal office of the authority must be in the standard metropolitan area of Columbia."

Composition of board of trustees

SECTION 2. Section 13-17-40 of the 1976 Code, added by Act 50 of 1983, is amended to read:

"Section 13-17-40. The authority shall consist of a board of twenty-four trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical University of South Carolina, President of South Carolina State College, President of the University of South Carolina, President of Francis Marion College, Chairman of the State Board for Technical and Comprehensive Education, Chairman of the State Development Board, Governor of South Carolina or his designee, Speaker of the South Carolina House of Representatives or his designee, President of the South Carolina Senate or his designee, and Chairman of the Technical Advisory Board of the Authority.

The Governor shall name the chairman who must not be a public official and who shall serve at the pleasure of the Governor.

The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. The original elected trustees must be the same members serving as elected trustees on the authority's predecessor organization on January 1, 1983, for the terms specified by the bylaws of the authority's predecessor. Each of the Congressional Districts of South Carolina shall have at least one of the ten trustees.

Terms of elected trustees are for four years, and half shall expire every two years. No elected trustee shall serve more than two consecutive four-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment.

Ex officio trustees shall serve as long as they are elected or appointed to their respective offices. In the event of a vacancy of a public sector trustee, the person who temporarily performs the official's functions shall serve as an interim trustee until a new official is elected or appointed.

A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of any trustee.

No trustee shall receive a salary for his services as a trustee; however, all shall be reimbursed for actual expenses incurred in service to the authority.

The board shall annually submit a report to the General Assembly including information on all acts of the board of trustees together with a financial statement and full information as to the work of the authority.

The board shall hire a director who shall maintain through a designated agent accurate and complete books and records of account, custody, and responsibility for the property and funds of the authority and control over the authority bank account. The Director, with the approval of the board, has the power to appoint officers and employees, to prescribe their duties, and to fix their compensation. The board of trustees shall select a reputable certified public accountant to audit the books of account at least once each year.

Regular meetings of the board of trustees must be held at such time and place as the board of trustees may determine. Special meetings of the board of trustees may be called by the chairman when reasonable notice is given."

Authority exempt from certain provisions

SECTION 3. The 1976 Code is amended by adding:

"Section 13-17-170. The authority and its employees are exempted from the application of Title 8 (Public Officers and Employees), except for Chapter 5 (Nepotism) and Chapter 13 (Ethics and Disclosure), and Title 9 (State Retirement Systems)."

Exemption from certain purchasing restrictions

SECTION 4. Section 11-35-710 of the 1976 Code, added by Act 148 of 1981, is amended by adding a new item to read:

"( ) South Carolina Research Authority."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.