Current Status Introducing Body:House Bill Number:3390 Primary Sponsor:Jennings Committee Number:25 Type of Legislation:GB Subject:Appointments made by Governor Residing Body:House Current Committee:Judiciary Computer Document Number:BBM/10188BD.93 Introduced Date:19930203 Last History Body:House Last History Date:19930203 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Jennings Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3390 House 19930203 Introduced, read first time, 25
referred to Committee
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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.