South Carolina General Assembly
115th Session, 2003-2004

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Bill 1159

Indicates Matter Stricken
Indicates New Matter

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

INTRODUCED

April 20, 2004

S. 1159

Introduced by Senator McConnell

S. Printed 4/20/04--H.    [SEC 4/22/04 1:29 PM]

Read the first time April 20, 2004.

            

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 1 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:

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.

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

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