South Carolina General Assembly
115th Session, 2003-2004

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Bill 4816


Indicates Matter Stricken
Indicates New Matter


(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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