(A) There is created the South Carolina State Ports Authority. The governing body of the authority is a board of directors consisting of eleven members, nine voting members appointed by the Governor as provided in Section 54-3-20, the Secretary of Transportation, or his designee, and the Secretary of Commerce, or his designee. The voting members shall be responsible for setting policies and direction for the authority so that the authority may achieve its mission. The powers and duties of the authority shall be exercised by the board. The board may delegate to one or more officers, agents, or employees such powers and duties as it determines are necessary and proper for the effective, efficient operation of the port. (B) The Secretary of Transportation and the Secretary of Commerce: (1) shall serve on the board, ex officio, as nonvoting members; (2) are ineligible for election as chairman, vice chairman, secretary, treasurer, or any other office elected by the board; and (3) may only attend meetings or portions of meetings open to the public. They are not permitted to attend executive session meetings. Editor's Note 2009 Act No. 73, SECTION 20 provides as follows: "The provisions of this act related to a time limitation for members of the board of directors serving in a holdover capacity do not apply to board members serving in a holdover capacity as of the effective date of this act but apply to any subsequent term." Effect of Amendment The 2009 amendment rewrote this section.
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