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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 22, 2004
S. 1025
S. Printed 4/22/04--S.
Read the first time March 3, 2004.
TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 54, of the 1976 Code is amended by adding:
"Section 54-3-700. (A) Upon the effective date of this section:
(1) the State Ports Authority has no statutory responsibility to operate a marine terminal at Port Royal; and
(2) marine operations at Port Royal shall cease as soon as practicable.
(B) The State Ports Authority is hereby directed to sell all its real and personal property at Port Royal upon the effective date of this section, but in a manner that is financially responsible and advantageous to the State Ports Authority.
(C) The State Ports Authority shall, in its discretion, determine the manner of the sale, but in no event shall terms of the sale extend beyond December 31, 2006, except for parcels which may be under long-term contract, in which case the South Carolina Ports Authority is directed to terminate such leases as soon as possible through lease purchase, buy out, or any other lawful means.
(D) Any real or personal property at Port Royal which is to be sold must be first appraised and then sold at fair market value. The real property appraiser must be a State Certified General Real Estate Appraiser, an MAI, and must be knowledgeable in appraisal and in appraising marine terminal facilities. The appraisal of the real property should include its future development opportunities and those of the surrounding properties. The sale of the real property shall comply with all state procedures, must be approved by the Budget and Control Board, must be on an open-bid basis, and no bid may be accepted which is less than the property's fair market value as shown by the appraisal. All proceeds from the sale of real and personal property at Port Royal must be retained by the State Ports Authority; provided, however, that the Town of Port Royal shall have the right to petition the Budget and Control Board for a portion of the net proceeds from any sale and may be allocated a portion of these net proceeds in an amount not to exceed five percent of the net proceeds upon showing the allocation is necessary to pay for infrastructure needs directly associated with and necessitated by the closing of the port as Port Royal. These funds must be expended at the direction of the Town Council of Port Royal with the approval of the Budget and Control Board, solely for the infrastructure, and shall have priority over all other expenditures except usual and necessary closing costs attributable to any sales contracts."
SECTION 2. Section 1-3-240 of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:
"Section 1-3-240. (A) Any officer of the county or State, except; may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity; however, before removing the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity after reasonable notice to be heard. This subsection does not apply to:
(1) an officer whose removal is provided for in Section 3 of Article XV of the state Constitution; or
(2) an officer guilty of the offense named in Section 8 of Article VI of the Constitution; or
(3) pursuant to subsection (B) of this section, an officer of the State appointed by a Governor, as provided in subsection (B), either with or without the advice and consent of the Senate; who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such 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) Any A person appointed to a state office by a Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C), may be removed from office by the Governor at his discretion by an Executive Order removing the officer.
(C)(1) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(1)(a) Workers' Compensation Commission;
(2)(b) Commission of the Department of Revenue;
(3)(c) Ethics Commission;
(4)(d) Election Commission;
(5)(e) Professional and Occupational Licensing Boards;
(6)(f) Juvenile Parole Board;
(7)(g) Probation, Parole and Pardon Board;
(8)(h) Director of the Department of Public Safety;
(9)(i) Board of the Department of Health and Environmental Control, excepting the Chairman chairman;
(10)(j) Chief of State Law Enforcement Division;
(11)(k) South Carolina Lottery Commission; and
(12)(l) Executive Director of the Office of Regulatory Staff;
(m) South Carolina Public Service Authority; and
(n) South Carolina State Ports Authority.
(2) Upon the expiration of an officeholder's term, the individual may continue to serve until a successor has been is appointed and qualifies."
SECTION 3. This act takes effect upon approval by the Governor.
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