REPS. LUCAS, G. M. SMITH, FINLAY, STAVRINAKIS propose the following Amendment No. 2 to H. 3194 (COUNCIL\SD\3194C022.NBD.SD21):
Reference is to Printer's Date 1/13/21-H.
Amend the bill, as and if amended, SECTION 2 as contained in Part II, beginning on Page 3194-1 is amended to read:
/ SECTION2. A. A special committee is hereby created to be composed of six members, three from each House, to be selected by each body in the same manner members of conference committees are selected by that body. The duties and responsibilities of the special committee are to consider offers for the sale of some or all of the assets of the Public Service Authority of South Carolina and to further negotiate the terms and conditions of any offer for the sale of some or all of the assets of the Public Service Authority of South Carolina. The special committee shall adopt and set its own rules of procedure. Upon approval of any offer for the sale of some or all of the assets of the Public Service Authority of South Carolina, the special committee shall issue a recommendation and report to the General Assembly. This recommendation and report may be accepted and approved by each House in the same manner conference committee reports are accepted and approved. Upon approval of the special committee report by the General Assembly, the report also must be transmitted to the Governor for his approval in the same manner enactments are presented to him under Article IV of the Constitution of this State. The Department of Administration shall execute on behalf of the State of South Carolina the documents necessary to effectuate any sale proposal approved in the manner provided in this section. The special committee shall have the authority to remain in existence until dissolution and consider any future offers for the sale of some or all of the assets of the Public Service Authority.
B.The Special Committee shall continue in existence unless terminated as provided in this section and shall be authorized to consider any future offers for the sale of some or all of the assets of the Public Service Authority . The provisions of this section expire ten years after the effective date of this section unless extended or reenacted by the General Assembly before this date. /
Amend the bill further, as and if amended, SECTION 4, by adding a new subsection to be appropriately lettered after subsection B to read:
C.Section 58-31-30 of the 1976 Code is amended by adding a new subsection ( C) to read:
/"(C) Any severance package, payment or other benefit of whatever nature conferred upon an executive officer or member of the board of the Public Service Authority, upon his departure as an executive officer or member of the board, whether or not some or all of it is a required payment under an existing employment or other agreement, must be first approved by the Agency Head Salary Commission. A violation of this section is grounds for a claw-back of the payment or benefit conferred in a legal action brought by the Attorney General of this State seeking a recovery of the payment or benefit made." /
Amend the bill further, as and if amended, SECTION 4, by adding an appropriated lettered subsection to read:
/ __. Section 1-3-240(C) of the 1976 Code is amended to read:
" (C)(1)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:
(a) Workers' Compensation Commission;
(b) [Repealed]
(c) Ethics Commission;
(d) Election Commission;
(e) Professional and Occupational Licensing Boards;
(f) Juvenile Parole Board;
(g) Probation, Parole and Pardon Board;
(h) Director of the Department of Public Safety;
(i) Board of the Department of Health and Environmental Control, excepting the chairman;
(j) Chief of State Law Enforcement Division;
(k) South Carolina Lottery Commission;
(l) Executive Director of the Office of Regulatory Staff;
(m) Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A director of the South Carolina Public Service Authority also may be removed for poor performance or his breach of any duty arising under Section 58-31-55 or 58-31-56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists;
(n) State Ports Authority;
(o) State Inspector General;
(p) State Adjutant General;
(q) South Carolina Retirement Investment Commission members appointed by the Governor or members of the General Assembly; and
(r) South Carolina Public Benefit Authority members.
(2) Upon the expiration of an officeholder's term, the individual may continue to serve until a successor is appointed and qualifies." /
Amend the bill further, as and if amended by adding a new appropriately lettered subsection to SECTION 4 to read:
/__. Nothing in this act prohibits the South Carolina Public Service Authority from altering or amending the terms and conditions of the Authority's lighting rate schedule or outdoor rental lighting agreement. /