S 0871 General Bill, By Elliott
 A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD
 PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE CATEGORY
 OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.

   01/28/04  Senate Introduced and read first time SJ-10
   01/28/04  Senate Referred to Committee on Judiciary SJ-10
   03/30/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   03/31/04         Scrivener's error corrected

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 30, 2004

S. 871

S. Printed 3/30/04--S.    [SEC 3/31/04 3:53 PM]

Read the first time January 28, 2004.

To whom was referred a Bill (S. 871) to amend Section 1-3-240, as amended, Code of Laws of South Carolina, 1976, relating to removal of state officers by the Governor, so as, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/    SECTION    1.    Section 1-3-240 of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"Section 1-3-240.    (A)    Any officer of the county or State, except; may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity; however, before removing the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity after reasonable notice to be heard. This subsection does not apply to:

(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, as provided in subsection (B), 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 subject to removal by the Governor 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 A 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)(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:

(1)(a)    Workers' Compensation Commission;

(2)(b)    Commission of the Department of Revenue;

(3)(c)    Ethics Commission;

(4)(d)    Election Commission;

(5)(e)    Professional and Occupational Licensing Boards;

(6)(f)    Juvenile Parole Board;

(7)(g)    Probation, Parole and Pardon Board;

(8)(h)    Director of the Department of Public Safety;

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

(10)(j)    Chief of State Law Enforcement Division;

(11)(k)    South Carolina Lottery Commission; and

(12)(l)    Executive Director of the Office of Regulatory Staff;

(m)    South Carolina Public Service Authority; and

(n)    South Carolina State Ports Authority.

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

SECTION    2.    This act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

WILLIAM MESCHER for Committee.

TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE CATEGORY OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.

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

SECTION    1.    Section 1-3-240 of the 1976 Code, as last amended by Act 59 of 2001, is further amended to read:

"Section 1-3-240.    (A)    Any officer of the county or State, except; who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity is subject to removal by the Governor upon any of those causes being made to appear to the satisfaction of the Governor; except that, before removing 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. This subsection does not apply to:

(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, as provided in subsection (B), 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 subject to removal by the Governor 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 A 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)(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:

(1) (a)    Workers' Compensation Commission;

(2) (b)    Commission of the Department of Revenue;

(3) (c)    Ethics Commission;

(4) (d)    Election Commission;

(5) (e)    Professional and Occupational Licensing Boards;

(6) (f)    Juvenile Parole Board;

(7) (g)    Probation, Parole and Pardon Board;

(8) (h)    Director of the Department of Public Safety;

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

(10)    (j) Chief of State Law Enforcement Division.

(11)    (k) South Carolina Lottery Commission; and

(l) South Carolina Public Service Authority.

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

SECTION    2.    This act takes effect upon approval by the Governor.