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771Ratification Number: 472Act Number: 428Introducing Body: SenateSubject: Relating to the Commission on Aging
(A428, R472, S771)
AN ACT TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-30, 43-21-60, 43-21-70, 43-21-80, 43-21-100, AND 43-21-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION APPOINTED BY THE GOVERNOR CONSIST OF SEVEN MEMBERS INSTEAD OF TWELVE, TO PROVIDE THAT THE CHAIRMAN BE ELECTED BY THE MEMBERS OF THE COMMISSION INSTEAD OF BEING DESIGNATED BY THE GOVERNOR AND REMOVE THE GOVERNOR AS AN EX OFFICIO MEMBER, TO DELETE THE REQUIREMENT THAT THE COMMISSION KEEP A ROSTER OF PERSONS QUALIFIED TO SERVE ON THE COMMISSION TO BE PRESENTED ANNUALLY TO THE GOVERNOR, TO PROVIDE THAT THE COMMISSION MEET AT LEAST SIX TIMES ANNUALLY UNLESS A MAJORITY OF THE MEMBERS VOTE TO ELIMINATE NO MORE THAN TWO MEETINGS A YEAR, TO PROVIDE THAT THE ANNUAL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDE THE NEEDS OF THE ELDERLY AND THE WORK OF THE COMMISSION, TO PROVIDE THAT THE COMMISSION EMPLOY A DIRECTOR WITHOUT THE CONSENT OF THE GOVERNOR, TO PROVIDE THAT COMPENSATION AND EMPLOYMENT OF PERSONNEL BY THE COMMISSION BE IN ACCORDANCE WITH THE HUMAN RESOURCE MANAGEMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD AND MERIT SYSTEM REQUIREMENTS, AND TO ADD THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE EXECUTIVE DIRECTOR OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, THE DIRECTOR OF THE STATE COMMISSION ON ALCOHOL AND DRUG ABUSE, AND THE CHAIRMAN OF THE STATE COMMISSION ON WOMEN TO THE COORDINATING COUNCIL TO THE COMMISSION ON AGING.
Be it enacted by the General Assembly of the State of South Carolina:
Commission on Aging
SECTION 1. Section 43-21-10 of the 1976 Code is amended to read:
"Section 43-21-10. There is created the South Carolina Commission on Aging consisting of one member from each congressional district of the State, to be appointed by the Governor, upon the advice and consent of the Senate and one member from the State at large to be appointed by the Governor. The members must be citizens of the State who have an interest in and a knowledge of the problems of the aging. In making appointments to the commission, consideration must be given to mature citizens who are currently providing leadership or are interested in programs for the elderly in the State and also to the diverse problems of aging.
The chairman must be elected by the members of the commission from its appointive members for a term of two years and until his successor is elected.
The Speaker of the House of Representatives and the President of the Senate each shall name one legislator to serve on the commission as ex officio members.
Members of the commission shall serve without compensation but shall receive such per diem, mileage, and subsistence authorized by law for members of boards, commissions, and committees."
SECTION 2. Section 43-21-20 of the 1976 Code is amended to read:
"Section 43-21-20. The appointed members of the commission shall serve for terms of four years and until their successors are appointed and qualify. The terms of the appointed members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No appointed members may serve more than two consecutive terms.
The Governor may terminate the appointive members of the commission for cause, and the reason for the termination of such appointment must be communicated to each member of the commission."
SECTION 3. Section 43-21-30 of the 1976 Code is amended to read:
"Section 43-21-30. The commission shall meet at least six times annually unless a majority of the members vote to eliminate a meeting. No more than two meetings may be eliminated annually. Special meetings may be called by the chairman or upon written request to the chairman of a majority of the members. A majority of the members constitutes a quorum for the transaction of business. The commission shall elect a vice-chairman and any other officers it considers necessary for terms of two years each or until their successors are elected and qualify. The commission may adopt bylaws establishing rules for the conduct of its meetings and establishing policies and administrative procedures for carrying out the purposes of this chapter."
SECTION 4. Section 43-21-60 of the 1976 Code is amended to read:
"Section 43-21-60. The commission shall submit an annual report to the Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the commission during the year."
Commission to employ director
SECTION 5. Section 43-21-70 of the 1976 Code is amended to read:
"Section 43-21-70. The commission shall employ a director to be the administrative officer of the commission who shall serve at the pleasure of the commission."
Director may appoint other personnel
SECTION 6. Section 43-21-80 of the 1976 Code is amended to read:
"Section 43-21-80. The director shall appoint any other personnel and consultants the commission considers necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefor in accordance with the Human Resource Management Division of the State Budget and Control Board and Merit System requirements."
Commission to prepare budget
SECTION 7. Section 43-21-100 of the 1976 Code is amended to read:
"Section 43-21-100. The commission shall prepare the budget for its operation which must be submitted to the State Budget and Control Board and to the General Assembly for approval."
Coordinating Council created
SECTION 8. Section 43-21-120 of the 1976 Code is amended to read:
"Section 43-21-120. There is created the Coordinating Council to the Commission on Aging to work with the commission on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations to the commission, composed of the following: the Commissioner of the State Department of Health and Environmental Control, the State Commissioner of Social Services, the Commissioner of the State Mental Health Department, the Superintendent of Education, the Commissioner of the State Department of Labor, the Executive Director of the South Carolina State Employment Security Commission, the Director of the State Development Board, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Executive Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Executive Director of the State Health and Human Services Finance Commission, the Director of the State Commission on Alcohol and Drug Abuse, and the Chairperson of the State Commission on Women.
The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.
The chairman of the commission and the director, who shall serve as secretary to the council, shall attend the meetings of the council.
The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section."
Appointed members to continue to serve
SECTION 9. The present appointive members of the commission shall continue to serve until the expiration of their current terms.
The member from the State at large may not be appointed until the terms of all the present appointive members have expired.
SECTION 10. This act shall take effect July 1, 1986.