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A325, R291, S1159

STATUS INFORMATION

Joint Resolution
Sponsors: Senator McConnell
Document Path: l:\s-jud\bills\mcconnell\jud0141.gfm.doc

Introduced in the Senate on April 14, 2004
Introduced in the House on April 20, 2004
Passed by the General Assembly on April 23, 2004
Governor's Action: April 27, 2004, Signed

Summary: Director of DPS, appointment

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/14/2004  Senate  Introduced, read first time, placed on calendar without 
                        reference SJ-6
   4/15/2004  Senate  Read second time SJ-14
   4/15/2004  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-14
   4/15/2004          Scrivener's error corrected
   4/16/2004  Senate  Read third time and sent to House SJ-2
   4/20/2004  House   Introduced, read first time, placed on calendar without 
                        reference HJ-9
   4/22/2004  House   Read second time HJ-37
   4/22/2004  House   Unanimous consent for third reading on next legislative 
                        day HJ-38
   4/22/2004          Scrivener's error corrected
   4/23/2004  House   Read third time and enrolled HJ-2
   4/27/2004          Ratified R 291
   4/27/2004          Signed By Governor
    5/6/2004          Copies available
    5/6/2004          Effective date 04/27/04
  10/20/2004          Act No. 325

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/14/2004
4/14/2004-A
4/15/2004
4/20/2004
4/22/2004

(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.

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