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					                                  South Carolina General Assembly
                                      115th Session, 2003-2004

S. 871

STATUS INFORMATION

General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\ms\7086mm04.doc

Introduced in the Senate on January 28, 2004
Currently residing in the Senate

Summary: Public officers, members of Public Service Authority, removal of by Governor for misconduct
only


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 1/28/2004   Senate   Introduced and read first time SJ-10
 1/28/2004   Senate   Referred to Committee on Judiciary SJ-10
 3/30/2004   Senate   Committee report: Favorable with amendment Judiciary SJ-10
 3/31/2004            Scrivener's error corrected


VERSIONS OF THIS BILL

1/28/2004
3/30/2004
3/31/2004
 1   Indicates Matter Stricken
 2   Indicates New Matter
 3
 4   COMMITTEE REPORT
 5   March 30, 2004
 6
 7                                                            S. 871
 8
 9                      Introduced by Senator Elliott
10
11   S. Printed 3/30/04--S.                     [SEC 3/31/04 3:53 PM]
12   Read the first time January 28, 2004.
13
14
15                THE COMMITTEE ON JUDICIARY
16     To whom was referred a Bill (S. 871) to amend Section 1-3-240,
17   as amended, Code of Laws of South Carolina, 1976, relating to
18   removal of state officers by the Governor, so as, etc., respectfully
19                                REPORT:
20     That they have duly and carefully considered the same and
21   recommend that the same do pass with amendment:
22
23      Amend the bill, as and if amended, by striking all after the
24   enacting words and inserting therein the following:
25      / SECTION 1. Section 1-3-240 of the 1976 Code, as last
26   amended by Act 175 of 2004, is further amended to read:
27      “Section 1-3-240. (A) Any officer of the county or State,
28   except; may be removed by the Governor for malfeasance,
29   misfeasance, incompetency, absenteeism, conflicts of interest,
30   misconduct, persistent neglect of duty in office, or incapacity;
31   however, before removing the officer, the Governor shall inform
32   him in writing of the specific charges brought against him and give
33   him an opportunity after reasonable notice to be heard. This
34   subsection does not apply to:
35        (1) an officer whose removal is provided for in Section 3 of
36   Article XV of the state Constitution; or
37        (2) an officer guilty of the offense named in Section 8 of
38   Article VI of the Constitution; or
39        (3) pursuant to subsection (B) of this section, an officer of
40   the State appointed by a Governor, as provided in subsection (B),
41   either with or without the advice and consent of the Senate; who is
42   guilty of malfeasance, misfeasance, incompetency, absenteeism,

     [871-1]
 1   conflicts of interest, misconduct, persistent neglect of duty in
 2   office, or incapacity shall be subject to removal by the Governor
 3   upon any of the foregoing causes being made to appear to the
 4   satisfaction of the Governor. But before removing any such
 5   officer, the Governor shall inform him in writing of the specific
 6   charges brought against him and give him an opportunity on
 7   reasonable notice to be heard.
 8      (B) Any A person appointed to a state office by a Governor,
 9   either with or without the advice and consent of the Senate, other
10   than those officers enumerated in subsection (C), may be removed
11   from office by the Governor at his discretion by an Executive
12   Order removing the officer.
13      (C)(1) Persons appointed to the following offices of the State
14   may be removed by the Governor for malfeasance, misfeasance,
15   incompetency, absenteeism, conflicts of interest, misconduct,
16   persistent neglect of duty in office, or incapacity:
17           (1)(a) Workers’ Compensation Commission;
18           (2)(b) Commission of the Department of Revenue;
19           (3)(c) Ethics Commission;
20           (4)(d) Election Commission;
21           (5)(e) Professional and Occupational Licensing Boards;
22           (6)(f) Juvenile Parole Board;
23           (7)(g) Probation, Parole and Pardon Board;
24           (8)(h) Director of the Department of Public Safety;
25           (9)(i) Board of the Department of Health and
26   Environmental Control, excepting the Chairman chairman;
27           (10)(j) Chief of State Law Enforcement Division;
28           (11)(k) South Carolina Lottery Commission; and
29           (12)(l) Executive Director of the Office of Regulatory
30   Staff;
31           (m) South Carolina Public Service Authority; and
32           (n) South Carolina State Ports Authority.
33         (2) Upon the expiration of an officeholder’s term, the
34   individual may continue to serve until a successor has been is
35   appointed and qualifies.”
36      SECTION 2. This act takes effect upon approval by the
37   Governor. /
38      Renumber sections to conform.
39      Amend title to conform.
40
41   WILLIAM MESCHER for Committee.
42


     [871-2]
 1
 2
 3
 4
 5
 6
 7
 8
 9                               A BILL
10
11   TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF
12   LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13   REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO
14   AS TO ADD PERSONS SERVING ON THE SOUTH
15   CAROLINA PUBLIC SERVICE AUTHORITY TO THE
16   CATEGORY OF STATE OFFICERS WHO CAN BE
17   REMOVED BY THE GOVERNOR ONLY FOR CAUSE.
18
19   Be it enacted by the General Assembly of the State of South
20   Carolina:
21
22   SECTION 1. Section 1-3-240 of the 1976 Code, as last amended
23   by Act 59 of 2001, is further amended to read:
24
25      “Section 1-3-240. (A) Any officer of the county or State,
26   except; who is guilty of malfeasance, misfeasance, incompetency,
27   absenteeism, conflicts of interest, misconduct, persistent neglect of
28   duty in office, or incapacity is subject to removal by the Governor
29   upon any of those causes being made to appear to the satisfaction
30   of the Governor; except that, before removing the officer, the
31   Governor shall inform him in writing of the specific charges
32   brought against him and give him an opportunity on reasonable
33   notice to be heard. This subsection does not apply to:
34        (1) an officer whose removal is provided for in Section 3 of
35   Article XV of the state Constitution; or
36        (2) an officer guilty of the offense named in Section 8 of
37   Article VI of the Constitution; or
38        (3) pursuant to subsection (B) of this section, an officer of
39   the State appointed by a Governor, as provided in subsection (B),
40   either with or without the advice and consent of the Senate; who is
41   guilty of malfeasance, misfeasance, incompetency, absenteeism,
42   conflicts of interest, misconduct, persistent neglect of duty in

     [871]                             1
 1   office, or incapacity shall be subject to removal by the Governor
 2   upon any of the foregoing causes being made to appear to the
 3   satisfaction of the Governor. But before removing any such
 4   officer, the Governor shall inform him in writing of the specific
 5   charges brought against him and give him an opportunity on
 6   reasonable notice to be heard.
 7      (B) Any A person appointed to a state office by a Governor,
 8   either with or without the advice and consent of the Senate, other
 9   than those officers enumerated in subsection (C), may be removed
10   from office by the Governor at his discretion by an Executive
11   Order removing the officer.
12      (C)(1) Persons appointed to the following offices of the State
13   may be removed by the Governor for malfeasance, misfeasance,
14   incompetency, absenteeism, conflicts of interest, misconduct,
15   persistent neglect of duty in office, or incapacity:
16           (1) (a) Workers’ Compensation Commission;
17           (2) (b) Commission of the Department of Revenue;
18           (3) (c) Ethics Commission;
19           (4) (d) Election Commission;
20           (5) (e) Professional and Occupational Licensing Boards;
21           (6) (f) Juvenile Parole Board;
22           (7) (g) Probation, Parole and Pardon Board;
23           (8) (h) Director of the Department of Public Safety;
24           (9) (i) Board of the Department of Health and
25   Environmental Control, excepting the chairman;
26           (10) (j) Chief of State Law Enforcement Division.
27           (11) (k) South Carolina Lottery Commission; and
28                 (l) South Carolina Public Service Authority.
29         (2) Upon the expiration of an officeholder’s term, such the
30   individual may continue to serve until a successor has been is
31   appointed and qualifies.”
32
33   SECTION 2. This act takes effect upon approval by the Governor.
34                            ----XX----
35




     [871]                           2

				
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