S*1159(Rat #0291, Act #0325 of 2004)  Joint Resolution, By McConnell
 A JOINT RESOLUTION TO SUSPEND THE APPLICATION OF THE DECEMBER FIRST DEADLINE
 FOR RECEIVING THE APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC
 SAFETY FOR THE 2004 APPOINTMENT ONLY AND WITHOUT CREATING A PRECEDENT FOR
 DELAYED RECEIPT OF SUBSEQUENT APPOINTMENTS FOR THIS POSITION. - ratified title

   04/14/04  Senate Introduced, read first time, placed on calendar
                     without reference SJ-6
   04/15/04  Senate Read second time SJ-14
   04/15/04  Senate Unanimous consent for third reading on next
                     legislative day SJ-14
   04/15/04         Scrivener's error corrected
   04/16/04  Senate Read third time and sent to House SJ-2
   04/20/04  House  Introduced, read first time, placed on calendar
                     without reference HJ-9
   04/22/04  House  Read second time HJ-37
   04/22/04  House  Unanimous consent for third reading on next
                     legislative day HJ-38
   04/22/04         Scrivener's error corrected
   04/23/04  House  Read third time and enrolled HJ-2
   04/27/04         Ratified R 291
   04/27/04         Signed By Governor
   05/06/04         Copies available
   05/06/04         Effective date 04/27/04
   10/20/04         Act No. 325

(A325, R291, S1159)

A JOINT RESOLUTION TO SUSPEND THE APPLICATION OF THE DECEMBER FIRST DEADLINE FOR RECEIVING THE APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR THE 2004 APPOINTMENT ONLY AND WITHOUT CREATING A PRECEDENT FOR DELAYED RECEIPT OF SUBSEQUENT APPOINTMENTS FOR THIS POSITION.

Whereas, the creation of the Department of Public Safety in Act 181 of 1993 was considered a significant and important agency so that the department's director was insulated from removal in the Governor's discretion and subject to removal for cause only; and

Whereas, Act 181 of 1993 placed a deadline of December first of the year prior to the date on which the term begins on the Governor's appointment of the Director of the Department of Public Safety to provide that the position be timely filled for a term that begins on February first; and

Whereas, the December first deadline ensures that the Senate has an adequate opportunity to review the appointee's qualifications during the confirmation process and to act upon the appointment prior to the commencement of the director's term; and

Whereas, the 2004 appointment for Director of the Department of Public Safety was inadvertently delayed until February 4, 2004, two months after the statutory deadline of December first and three days after the beginning of the term; and

Whereas, notwithstanding the delay in the receipt of the appointment, the Senate finds that the appointment should be considered because of the significance of this position. Now, therefore,

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

Appointment of the Director of the Department of Public Safety

SECTION    1.    The General Assembly suspends the requirement of Section 23-6-40 of the 1976 Code that the appointment for the Director of the Department of Public Safety be received by December first of the year prior to the date on which the term begins for the 2004 appointment only and without creating a precedent for receipt of subsequent appointments after the December first deadline.

Time effective

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

Ratified the 27th day of April, 2004.

Approved the 27th day of April, 2004.