H 3390 Session 110 (1993-1994)
H 3390 General Bill, By Jennings
A Bill to amend Section 1-3-220, Code of Laws of South Carolina, 1976,
relating to the appointments by the Governor, so as to delete the
authorization for the Governor to remove for cause an officer he appoints to a
county office; to amend Section 1-3-240, relating to removal of officers by
the Governor, so as to provide for the Governor to remove from office for any
cause a person appointed by him with or without the advice and consent of the
Senate; to amend Section 1-3-250, relating to appeals by officers removed by
the Governor, so as to prohibit appeals by officers appointed by the Governor
with or without the advice and consent of the Senate; to amend Section 8-1-80,
relating to misconduct by public officers, so as to provide requirements for
the presiding judge for misconduct charges and for filling vacancies; to amend
Section 8-1-100, relating to suspension of indicted officers, so as to clarify
when suspensions are mandatory; and to repeal Section 8-1-90 relating to the
requirements for the presiding judge for misconduct charges by officers and
for filling vacancies.
02/03/93 House Introduced and read first time HJ-20
02/03/93 House Referred to Committee on Judiciary HJ-20
A BILL
TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE APPOINTMENTS BY THE
GOVERNOR, SO AS TO DELETE THE AUTHORIZATION FOR
THE GOVERNOR TO REMOVE FOR CAUSE AN OFFICER HE
APPOINTS TO A COUNTY OFFICE; TO AMEND SECTION 1-3-240,
RELATING TO REMOVAL OF OFFICERS BY THE GOVERNOR,
SO AS TO PROVIDE FOR THE GOVERNOR TO REMOVE FROM
OFFICE FOR ANY CAUSE A PERSON APPOINTED BY HIM WITH
OR WITHOUT THE ADVICE AND CONSENT OF THE SENATE;
TO AMEND SECTION 1-3-250, RELATING TO APPEALS BY
OFFICERS REMOVED BY THE GOVERNOR, SO AS TO PROHIBIT
APPEALS BY OFFICERS APPOINTED BY THE GOVERNOR WITH
OR WITHOUT THE ADVICE AND CONSENT OF THE SENATE;
TO AMEND SECTION 8-1-80, RELATING TO MISCONDUCT BY
PUBLIC OFFICERS, SO AS TO PROVIDE REQUIREMENTS FOR
THE PRESIDING JUDGE FOR MISCONDUCT CHARGES AND
FOR FILLING OF VACANCIES; TO AMEND SECTION 8-1-100,
RELATING TO SUSPENSION OF INDICTED OFFICERS, SO AS TO
CLARIFY WHEN SUSPENSIONS ARE MANDATORY; AND TO
REPEAL SECTION 8-1-90 RELATING TO THE REQUIREMENTS
FOR THE PRESIDING JUDGE FOR MISCONDUCT CHARGES BY
OFFICERS AND FOR FILLING VACANCIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-3-220 of the 1976 Code is amended to read:
"Section 1-3-220. The following officers shall
must be appointed by the Governor in addition to those
for whose appointment by the Governor provision is
provided elsewhere made in this Code:
(1) an officer to fill any a vacancy in an office of
the executive department occurring during a recess of the General
Assembly. The term of such the appointment shall
be is until the vacancy be is filled by a
general election or by the General Assembly in the mode
manner provided by law.;
(2) an officer to fill any a vacancy in a county
office. The person so appointed shall hold office, in
all cases in which the an elective office is
elective, holds office until the next general election and
until his successor shall qualify; and in the case of offices
qualifies. The person appointed in an office originally filled by
appointment and not by election, holds office until the
adjournment of the session of the next General Assembly
next after such the vacancy has occurred.
The Governor may remove for cause any person so appointed by him
under the provisions of this paragraph to fill any such vacancy.
occurs;
(3) members to fill any a vacancy in the State Board
of Corrections occurring during the recess of the General
Assembly.;
(4) proxies to represent the share of the State in the Cheraw and
Coalfields Railroad Company and in the Cheraw and Salisbury Railroad
Company.;
(5) the chief constable of the State, whensoever
when in his judgment any a public emergency
shall require requires it or when necessary to the due
execution of legal process."
SECTION 2. Section 1-3-240 of the 1976 Code is amended to read:
"Section 1-3-240.(A) Any An
officer, of the county or State, except an officer whose
removal is provided for in Section 3 of Article XV of the State
Constitution, and an officer guilty of the offense named
in Section 22 8 of Article IV VI of the
Constitution, or an officer appointed by the Governor with or
without the advice and consent of the Senate, who is guilty of
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 is incapable of
discharging properly to discharge shall be is
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 that any of the causes provided in this section exist.
But However, before removing any such
an 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) A person appointed by the Governor with or without the
advice and consent of the Senate may be removed from office by the
Governor by an executive order for any cause the Governor deems
sufficient."
SECTION 3. Section 1-3-250 of the 1976 Code is amended to read:
"Section 1-3-250. Any such An officer
shall have the right of, other than an officer appointed by the
Governor with or without the advice and consent of the Senate, may
appeal from any an 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 sees fit to allow. The notice of
appeal shall must 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 must state the grounds thereof of
appeal and name the circuit judge to whom the appeal is taken.
Thereupon The Governor immediately 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 of removal 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 a shorter time as may be practical, shall
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 may be appealed to
the Supreme Court may be had as in for any
other appeal at law. Such The hearing may be
had held and judgment may be rendered in open
court, or at chambers within or without the circuit."
SECTION 4. Section 8-1-80 of the 1976 Code is amended to read:
"Section 8-1-80. (A) Any A
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 is liable to
indictment and, upon conviction thereof, shall
must be fined not exceeding more than one
thousand dollars and imprisoned not exceeding more
than one year.
(B) The presiding judge before whom a public officer convicted
under this section is tried shall order a certified copy of the indictment
to be transmitted immediately to the Governor who, upon its receipt, by
proclamation shall declare the office to be vacant. The office must be
filled as for death or resignation of the officer."
SECTION 5. Section 8-1-100 of the 1976 Code is amended to read:
"Section 8-1-100. Any Except as provided in
Section 8-1-110, a state or county officer who is indicted in
any a court for any crime may, in the discretion
of the Governor, may be suspended by the Governor, who
in event of . Upon suspension the Governor shall
appoint another in his stead a replacement until he
shall be is acquitted. In case of conviction
If he is convicted, the office shall must be
declared vacant by the Governor and the vacancy filled as provided by
law."
SECTION 6. Section 8-1-90 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.
-----XX----- |