Title 7
AGENCIES AND GOVERNMENT
FINANCED ENTERPRISES
 

Part I.  Agencies
 
Chapter 1.  Provisions of
General Applicability to Agencies

Section 7.101.  Agencies: general.
Section 7.102.  Agencies; enumeration.
Section 7.103.  Appointment process.
Section 7.104.  Agency procedural rules.
Section 7.105.  Vacancy.
Section 7.106.  Officers.
Section 7.107.  Quorum.
Section 7.108.  Implied agency powers.
Section 7.109.  Inquiry.
Section 7.110.  Body meetings.
Section 7.111.  Repealed by State Law 6-1.
Section 7.112.  Holding over.
Section 7.113.  Compensation of governing bodies.
Section 7.114.  Repealed by State Law 7-1.
Section 7.115.  Retirement: Benefits.

       Section 7.101.  Agencies: general.
        Agencies are Government instrumentalities established by law with operational and decisional independence within limits set by law.

      Section 7.102.  Agencies; enumeration.
       The agencies are:

     (1)  The Broadcast Authority

     (2)  The Election Commission

     (3)  The Development Review Commission

     (4)  The Port Authority

     (5)  The Land Commission (repealed effective October 1, 2001 by S.L. 7-126.  The law refers to (4) in error.)

             (6)  The Parole Board

     (7)  The Sports Council

     (8)  The Scholarship Board

     (9)  The Utility Authority

     (10)  The Visitors Bureau

Background
Amended by State Laws 4-117, 5-56, 5-68, 6-1, 6-158, 7-1, 7-62 and 7-91.  Note: State Law 7-62 included the Executive Service Appeals Board as Subsection (4); that agency was earlier repealed by State Law 6-156 and is, therefore, not included in this Code.

      Section 7.103.  Appointment process.
       Unless otherwise provided by law, a member of an agency governing body takes office upon appointment by the Governor following the Legislature's consent by resolution to his nomination by the Governor.  Upon nominating a member to a governing body the Governor states the vacancy which is the subject of the nomination. If the Legislature by resolution declines to consent to a nomination or if the Legislature on a vote fails to adopt a resolution confirming a nominee, the Governor submits a replacement nominee to the Legislature within 30 days.  The Governor does not resubmit the name of a nominee who has failed to be confirmed for the same position during the term of that Legislature.

Background
Amended by State Law 4-46.

      Section 7.104.  Agency procedural rules.
       By January 1, 1986 the Attorney General prepares and provides a uniform simplified version of Robert's Rules of Order, Revised, by which an agency governing body conducts a meeting unless by unanimous vote of members present a governing body waives use of the rules for a meeting.  Until the Attorney General provides the version a governing body proceeds by rules of its own choosing.

      Section 7.105.  Vacancy.
       A vacancy occurs in a membership in an agency governing body by the member's (1) submission of a written resignation to the body's presiding officer and to the Governor; (2) death; (3) incapacitating illness; (4) absence from three consecutive governing body meetings; (5) continuous absence from the State for a period exceeding six months; or (6) removal by the Legislature for malfeasance in the office. The process for filling a vacancy is pursuant to Section 7.103.  The Governor promptly gives public notice of a vacancy.

       Section 7.106.  Officers.
        An agency governing body elects a chairman and vice-chairman by majority vote of the membership.  If the chairman and vice-chairman are not in attendance at a meeting the membership chooses a chairman pro tempore.

       Section 7.107.  Quorum.
        A quorum of an agency governing body is a majority of memberships, including ex-officio memberships.

       Section 7.108.  Implied agency powers.
        Agency powers include a power reasonably necessary to the performance of a power provided by law.

      Section 7.109.  Inquiry.
       An agency has the power and duty to consider a relevant matter brought to its attention and to make a responsive inquiry, if found appropriate.

      Section 7.110.  Body meetings.
       An agency governing body meets upon call of the chairman or his lawful surrogate. A majority of the body may convene a meeting following its petition to the chairman for a meeting and his failure to call the meeting as petitioned.

      Section 7.111.  Repealed by State Law 6-1.

      Section 7.112.  Holding over.
       Notwithstanding any other law, a member of an agency governing body holds office for no more than 3 months beyond his term until a successor takes office. This Section applies to all members of agency governing bodies and state-appointed members of the government financed enterprises listed in Part II of this Title.

Background
Amended by State Law 7-72.

      Section 7.113.  Compensation of governing bodies.
       A member of an agency governing body receives compensation in accordance with an appropriation for that purpose, if any.

      Section 7.114.  Repealed by State Law 7-1.

      Section 7.115.  Retirement: Benefits.
       Unless otherwise provided by law, an employee of an agency, other than those appointed by the Governor pursuant to this Chapter, is not older than sixty years of age. Subject to appropriation, an employee who has worked eighteen quarters for the Government and has retired from said employment after reaching fifty-five years of age may be eligible for pension benefits until he reaches sixty years of age.  The Governor transmits to the Legislature no later than September 1 of each year a bill to appropriate the estimated amount of funds to be needed for the upcoming fiscal year, using for his estimate the rate of monthly benefits available to Social Security retirement beneficiaries.

Background
Added by State Law 5-155.
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