South Carolina General Assembly
115th Session, 2003-2004

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H. 4816

STATUS INFORMATION

General Bill
Sponsors: Reps. Duncan, Clemmons, Harrison, M.A. Pitts and Taylor
Document Path: l:\council\bills\dka\3700dw04.doc

Introduced in the House on February 19, 2004
Currently residing in the House Committee on Judiciary

Summary: Governing body, members, removal

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   2/19/2004  House   Introduced and read first time HJ-56
   2/19/2004  House   Referred to Committee on Judiciary HJ-57

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/19/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-247 SO AS TO PROVIDE A PROCEDURE FOR THE REMOVAL OF A MEMBER OF A GOVERNING BODY WHO HAS THREE UNEXCUSED ABSENCES FROM REGULARLY SCHEDULED MEETINGS HELD BY THE GOVERNING BODY BECAUSE OF A PHYSICAL OR MENTAL CONDITION AND TO PROVIDE THOSE GOVERNING BODIES TO WHICH THIS PROCEDURE APPLIES.

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

SECTION    1.    Chapter 3, Title 1 of the 1976 Code is amended by adding:

"Section 1-3-247.    (A)    A member of the governing body of a county, municipality, school board, school district, special purpose or public service district that has not adopted a procedure for the removal of a member of its governing body because of a physical or mental condition shall use the procedure provided for in subsection (B).

(B)    The chairman of a governing body may notify the Governor to remove a member who has three consecutive unexcused absences from regularly scheduled meetings held by that governing body. The notification must be after a vote is taken and recorded in the minutes of the governing body. The vote to notify the Governor must be a positive majority as defined in Section 6-1-300(5). A certification to the governing body by the physician of the member whose removal is requested must accompany the notification to the Governor."

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

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