S 0006 General Bill, By M.B. Williams, Leventis and Passailaigue
 A Bill to amend Sections 1-3-220, 1-3-240, and 1-3-250, Code of Laws of South
 Carolina, 1976, relating to the governor's removal power, so as to provide
 that the governor may remove any person appointed by him without cause; to
 amend Section 8-1-80, relating to certain public officers convicted of
 specified crimes, so as to further clarify this section; to amend Section
 8-1-100, relating to the governor's discretion to suspend state and county
 officers indicted for any crime, so as to clarify that suspension is mandatory
 in cases where the crime committed is embezzlement or the misappropriation of
 public or trust funds; and to repeal Section 8-1-90.

   01/12/93  Senate Introduced and read first time SJ-28
   01/12/93  Senate Referred to Committee on Judiciary SJ-28
   02/24/93  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   02/25/93  Senate Amended SJ-29
   02/25/93  Senate Read second time SJ-31
   03/02/93  Senate Read third time and sent to House SJ-6
   03/03/93  House  Introduced and read first time HJ-15
   03/03/93  House  Referred to Committee on Judiciary HJ-16

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 25, 1993

S. 6

Introduced by SENATORS Williams, Leventis and Passailaigue

S. Printed 3/2/93--S.

Read the first time January 12, 1993.

A BILL

TO AMEND SECTIONS 1-3-220, 1-3-240, AND 1-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL POWER, SO AS TO PROVIDE THAT THE GOVERNOR MAY REMOVE ANY PERSON APPOINTED BY HIM WITHOUT CAUSE; TO AMEND SECTION 8-1-80, RELATING TO CERTAIN PUBLIC OFFICERS CONVICTED OF SPECIFIED CRIMES, SO AS TO FURTHER CLARIFY THIS SECTION; TO AMEND SECTION 8-1-100, RELATING TO THE GOVERNOR'S DISCRETION TO SUSPEND STATE AND COUNTY OFFICERS INDICTED FOR ANY CRIME, SO AS TO CLARIFY THAT SUSPENSION IS MANDATORY IN CASES WHERE THE CRIME COMMITTED IS EMBEZZLEMENT OR THE MISAPPROPRIATION OF PUBLIC OR TRUST FUNDS; AND TO REPEAL SECTION 8-1-90.

Amend Title To Conform

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, county or State of the county or State, except (1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution and, or (2) an officer guilty of the offense named in Section 22 8 of Article IV 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, or persistent neglect of duty in office, or who persists in holding an office to which he has been appointed or elected the duties of which he has not the capacity properly to discharge incapacity shall be subject to removal by the Governor of the State upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such 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.

(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) Alcoholic Beverage Control Commission;

(3) Tax Commission;

(4) Ethics Commission;

(5) Election Commission;

(6) Labor Commission."

SECTION 2. Section 1-3-250 of the 1976 Code is amended to read:

"Section 1-3-250. Any such An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of Section 1-3-240, either with or without the advice and consent of the Senate, shall have 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 such 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 such additional evidence as he shall see fit to allow. The notice of appeal shall be served upon the Governor, or his secretary, within five days after the service upon such the officer of the order of the Governor removing him and shall state the grounds thereof and name the circuit judge to whom the appeal is taken. Thereupon the Governor shall forthwith transmit to such the judge the record in the case, including a copy of the order of removal, grounds of removal, evidence in support thereof and return of service and any other matter which in his judgment may be considered by the court. The circuit judge shall within twenty days after the taking of such the appeal, or in such shorter time as may be practical, hear and determine such the appeal, after giving to the parties reasonable notice of the time and place of hearing. Appeal from the judgment of the circuit judge to the Supreme Court may be had as in any other appeal at law. Such The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit."

SECTION 3. Section 8-1-80 of the 1976 Code is amended to read:

"Section 8-1-80. Any public officer whose authority is limited to a single election or judicial district who shall be is guilty of any official misconduct, habitual negligence, habitual drunkenness, corruption, fraud, or oppression shall be liable to indictment and, upon conviction thereof, shall be fined not exceeding more than one thousand dollars and imprisoned not exceeding more than one year.

The presiding judge before whom any public officer convicted under this section is tried shall order a certified copy of the indictment to be immediately transmitted to the Governor who must, upon receipt of the indictment, by proclamation declare the office to be vacant. The office must be filled as in the case of the death or resignation of the officer."

SECTION . Section 8-1-100 of the 1976 Code is amended to read:

"Section 8-1-100. Except as provided in Section 8-1-110, Any State any state or county officer who is indicted in any court for any crime may, in the discretion of the Governor, be suspended by the Governor, who in event of suspension shall appoint another in his stead until he shall be acquitted. In case of conviction, the office shall be declared vacant by the Governor and the vacancy filled as provided by law."

SECTION 5. Section 22-1-30 of the 1976 Code is amended to read:

"Section 22-1-30. Such magistrates A magistrate may be suspended or removed by order of the Governor Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. The Governor shall report any suspension, with the cause thereof, to the Senate at its next session, for its approval or disapproval."

SECTION 6. Section 8-1-90 of the 1976 Code is repealed.

SECTION 7. This act takes effect upon approval by the Governor.