Current Status Bill Number:1171 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980402 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:jud9066.jeb Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Governor may appoint acting Director of department when General Assembly in session, State Agencies
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980527 Recommitted to Committee 11 SJ
Senate 19980422 Committee report: Favorable with 11 SJ
amendment
Senate 19980402 Introduced, read first time, 11 SJ
referred to Committee
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Indicates New Matter
COMMITTEE REPORT
April 22, 1998
S. 1171
S. Printed 4/22/98--S.
Read the first time April 2, 1998.
To whom was referred a Bill (S. 1171), to amend the Code of Laws of South Carolina, 1976, by adding Section 1-3-212, so as to provide that the Governor, 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, page 1, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Section 1-3-210 of the 1976 Code is amended to read:
"Section 1-3-210. (A) During the recess of the Senate, vacancy which occurs in In an office which is filled by an appointment of the Governor with the advice and consent of the Senate, a vacancy which occurs after the General Assembly has adjourned sine die may be filled by an interim appointment of the Governor. Upon making the interim appointment, the The Governor must report the interim appointment by transmittal letter to the Clerk of the Senate before the interim appointee may take the oath of office and assume his duties and responsibilities. The Governor must forward a formal permanent appointment by transmittal letter to the Clerk of the Senate after the convening of the Senate at its next ensuing regular session.
If Upon adjourning sine die, if the Senate does not advise and consent to an interim appointment or an appointment transmitted to the Senate after the convening of the session and prior to sine die adjournment thereto prior to sine die adjournment of the next ensuing regular session, notwithstanding any other provision of law, the office shall be vacant and the interim or regular session appointment shall not serve in hold over holdover status notwithstanding any other provision of law to the contrary. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim shall expire on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant.
(B)(1) For any vacancy in an office which must be filled pursuant to Section 1-30-10 and which occurs during a session of the General Assembly, the Governor, while conducting a search for a permanent director, may appoint an acting director to serve, without the advice and consent of the Senate. The appointment is valid only for a period commencing ten days after the vacancy, not to exceed one hundred twenty days. In no event, except the death of an acting director, may the Governor appoint another subsequent acting director for the same position. The Governor must report the acting director appointment by transmittal letter to the Clerk of the Senate before the acting director may take the oath of office and assume his duties and responsibilities. Nothing in this subsection shall prohibit the Governor from submitting the person serving as acting director as an interim appointment.
A vacancy which occurs in an office filled by an appointment of the Governor with the advice and consent of the Senate made pursuant to Section 1-30-10 after the General Assembly has adjourned sine die may be filled by an interim appointment of the Governor. Upon making the interim appointment, the Governor must report the interim appointment by transmittal letter to the Clerk of the Senate before the interim appointee may take the oath of office and assume his duties and responsibilities. The Governor must forward a formal permanent appointment by transmittal letter to the Clerk of the Senate after the convening of the Senate at its next ensuing regular session.
Upon adjourning sine die, if the Senate does not advise and consent to an interim appointment or a permanent appointment transmitted to the Senate after the convening of the regular session and prior to sine die adjournment, the office shall be vacant and, notwithstanding any other provision of law, the interim or permanent appointment shall not serve in holdover status. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation may be made upon sine die adjournment and shall expire on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant.
(2) For purposes of this subsection:
(a) 'Permanent appointment' means an appointment made by the Governor pursuant to Section 1-30-10 while the General Assembly is in session.
(b) 'Interim appointment' means an appointment made by the Governor pursuant to Section 1-30-10 after the General Assembly has adjourned sine die.
(c) 'Acting director' means an appointment made by the Governor for a period of one hundred twenty days."/
Amend title to conform.
JAMES E. BRYAN, JR., for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-212, SO AS TO PROVIDE THAT THE GOVERNOR, DURING A LEGISLATIVE SESSION OF THE GENERAL ASSEMBLY, MAY APPOINT AN ACTING DIRECTOR TO ANY DEPARTMENT ENUMERATED IN SECTION 1-30-10 FOR A PERIOD NOT TO EXCEED SIX MONTHS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-3-212. Notwithstanding any other provision of law, while the General Assembly is in session, the Governor may appoint an acting director for any department enumerated in Section 1-30-10 to serve for a period not exceeding six months. The appointment shall expire upon sine die adjournment."
SECTION 2. This act takes effect upon approval by the Governor.