(A) There is established within the Department of Agriculture the South Carolina Agricultural Commodities Advisory Commission to make recommendations to the department regarding the duties of the department in administering the Grain and Cotton Producers Guaranty Fund.

(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:

Terms Used In South Carolina Code 46-41-260

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • commodity: means cotton and all agricultural products commonly classed as grain, including corn, wheat, oats, soybeans, barley, and grain sorghum, produced within this State. See South Carolina Code 46-41-210
  • Department: means the South Carolina Department of Agriculture. See South Carolina Code 46-41-210
  • Ex officio: Literally, by virtue of one's office.
  • Grain: means any feed grains or oil seeds, except cotton seeds. See South Carolina Code 46-41-210
  • Producer: means any producer of grain or cotton. See South Carolina Code 46-41-210
  • Quorum: The number of legislators that must be present to do business.

(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.

(C) The commissioner shall serve as chairman of the commission.

(D) Except as provided herein, vacancies shall be filled in the same manner as original appointments for the unexpired portion of the term. When a vacancy occurs, the organization authorized to make recommendations to the commissioner for an appointment to the vacant position shall make its recommendation to the commissioner within sixty days after the vacancy occurs. The commissioner shall then appoint a new member to fill the vacancy no later than sixty days after receiving the recommendation. If the commissioner fails to appoint a new member within sixty days, the Governor may appoint the new member. Members appointed by the Governor shall enjoy all of the powers, duties, rights, and privileges as members appointed by the commissioner. An appointment made by the Governor pursuant to this section may not be made pursuant to the provisions contained in § 1-3-210.

(E) The commission shall meet four times per calendar year but may meet more frequently upon the call of the chairman. Five members shall constitute a quorum for the transaction of official business. All official actions of the commission shall require the affirmative vote of five members of the commission. Appointed members of the commission shall be entitled to receive a per diem not in excess of forty dollars and to be reimbursed for mileage expenses in accordance with the same travel regulations applying to state employees.