36-19-2. State Board of Funeral Service--Terms and qualifications of members--Vacancies. The State Board of Funeral Service shall include the five professional members who shall be licensed to practice funeral service. The Governor shall appoint the professional members of the board. However, no person may be appointed as a professional member of the board who has not been licensed in this state, as an embalmer and funeral director, or to practice funeral service, for at least five years prior to appointment. The term of office of appointed members is three years. The Governor shall, by appointment, fill any vacancy.

The board shall also include two lay members who are users of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, where practical, uses the service licensed. The term shall be liberally construed to implement the purpose of this section. The Governor shall appoint the lay members. The lay members shall have the same term of office as other members of the board.

No board member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. The Governor may stagger the terms to enable the board to have different terms expire each year.

The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

The board shall also include the secretary of health or the secretary's designee as a nonvoting member.

Source: SDC 1939, § 27.1402; SL 1939, ch 102, § 2; SL 1963, ch 154, § 2; SL 1967, ch 109; SL 1973, ch 2, § 58; SDCL Supp, § 36-19-3.1; SL 1976, ch 234, § 1; SL 2005, ch 199, § 51; SL 2007, ch 213, § 3; SL 2012, ch 16, § 12; SL 2013, ch 176, § 6.