§ 48-39-45 — Coastal Zone Management Advisory Council created; membership; duties.

South Carolina § 48-39-45

• Jurisdiction: South Carolina
• Title 48: ENVIRONMENTAL PROTECTION AND CONSERVATION
• Ch. 39: COASTAL TIDELANDS AND WETLANDS

Text

(A)(1) On July 1, 2010, there is created the Coastal Zone Management Advisory Council that consists of fifteen members, which shall act as an advisory council to the department's Office of Ocean and Coastal Resources Management. (2) The members of the council must be constituted as follows: (a) eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; and (b) seven members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote. (3) The council shall elect a chairman, vice chairman, and other officers it considers necessary. (B) Terms of all members are for four years and until successors are appointed and qualified. A vacancy must be filled in the original manner of selection for the remainder of the unexpired term. (C) Members of the council may not be compensated for their services and are not entitled to mileage, subsistence, or per diem as provided by law for members of state boards, committees, and commissions and are not entitled to reimbursement for actual and necessary expenses incurred in connection with and as a result of their service on the council. (D)(1) The council shall provide advice and counsel to the staff of the Office of Ocean and Coastal Resources Management in implementing the provisions of the South Carolina Coastal Zone Management Act. The department and the public may bring a matter concerning implementation of the provisions of this act by operation of its permitting and certification process, including the promulgation of regulations, to the council's attention. (2) The council shall meet at the call of the chairman. (3) Advice and counsel of the council is not binding on the department.

Legislative History

HISTORY: 2010 Act No. 285, SECTION 2, eff upon approval (became law without the Governor's signature on June 28, 2010); 2012 Act No. 279, SECTION 19, eff June 26, 2012. Editor's Note 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment The 2012 amendment substituted "fifteen" for "fourteen" in subsection (A)(1), and in subsection (A)(2)(b) substituted "seven" for "six".