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Bill 256

                    Current Status

Bill Number:                      256
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010131
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell and Branton
Drafted Document Number:          l:\council\bills\bbm\9859htc01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Officer, removal of by Governor; 
                                  authority to remove for other than cause 
                                  deleted, appeal; Public Officers and Employees


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010131  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO DELETE THE AUTHORITY OF THE GOVERNOR TO REMOVE VARIOUS STATE OFFICERS FOR OTHER THAN CAUSE; AND TO AMEND SECTION 1-3-250, AS AMENDED, RELATING TO THE APPEAL BY AN OFFICER REMOVED BY THE GOVERNOR, SO AS TO CONFORM THESE APPEALS TO THE AMENDMENTS MADE BY THIS ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 1-3-240 of the 1976 Code is amended to read:

"Section 1-3-240. (A) Any officer of the county or State, except:

(1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution; or

(2) an officer guilty of the offense named in Section 8 of Article VI of the Constitution; or

(3) pursuant to subsection (B) of this section, an officer of the State appointed by a Governor, either with or without the advice and consent of the Senate;

who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity shall be is subject to removal by the Governor only upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But However, before removing any such the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.

(B) Any person appointed to a state office by a Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C), may be removed from office by the Governor at his discretion by an Executive Order removing the officer.

The provisions of subsection (A) do not apply to:

(1) an officer who may be removed as provided in Section 3, Article XV of the Constitution of this State; or

(2) an officer guilty of an offense named in Section 8, Article VI of the Constitution of this State.

(C) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1) Workers' Compensation Commission;

(2) Commission of the Department of Revenue;

(3) Ethics Commission;

(4) Election Commission;

(5) Professional and Occupational Licensing Boards;

(6) Juvenile Parole Board;

(7) Probation, Parole and Pardon Board;

(8) Director of the Department of Public Safety;

(9) Board of the Department of Health and Environmental Control, excepting the Chairman;

(10) Chief of State Law Enforcement Division.

Upon the expiration of an officeholder's term, such individual may continue to serve until a successor has been appointed and qualifies."

SECTION 2. Section 1-3-250 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:

"Section 1-3-250. An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of Section 1-3-240, shall have has the right of appeal from any order of removal by the Governor under Section 1-3-240 to the resident or presiding judge of the circuit in which the officer resides. The judge shall hear and determine the appeal both as to law and fact upon the record as made before the Governor and upon additional evidence as he shall see fit to allow allows. The notice of appeal shall must be served upon the Governor, or his secretary, within five days after the service upon the officer of the order of the Governor removing him and shall must state the grounds for the appeal and name the circuit judge to whom the appeal is taken. The Governor shall transmit to the judge the record in the case, including a copy of the order of removal, grounds of removal, evidence in support of removal and return of service, and any other matter which in his judgment may be considered by the court. The circuit judge within twenty days after the taking of the appeal, or in such shorter time as may be practical, shall hear and determine the appeal, after giving to the parties reasonable notice of the time and place of hearing. The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit. Any appeal from the order of the circuit court must be taken in the manner provided by the South Carolina Appellate Court Rules."

SECTION 3. This act takes effect upon approval by the Governor.

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