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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators McConnell and Leatherman
Document Path: l:\council\bills\bbm\9363htc06.doc
Introduced in the Senate on April 11, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Ports Authority
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/11/2006 Senate Introduced and read first time SJ-5 4/11/2006 Senate Referred to Committee on Judiciary SJ-5 4/11/2006 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher, Rankin, Scott
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VERSIONS OF THIS BILL
TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S AUTHORITY TO REMOVE STATE AND LOCAL OFFICERS, SO AS TO INCLUDE THE MEMBERS OF THE GOVERNING BODY OF THE STATE PORTS AUTHORITY AMONG THOSE STATE OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE, TO PROVIDE THAT THE GOVERNOR MUST NOT REQUEST A MEMBER OF THE AUTHORITY'S GOVERNING BODY TO RESIGN UNLESS CAUSE FOR REMOVAL EXISTS, AND TO PROVIDE THAT THE REMOVAL OF A MEMBER OF THE GOVERNING BODY EXCEPT FOR CAUSE MUST BE CONSIDERED AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-3-240 (C)(1) of the 1976 Code, as last amended by Act 137 of 2005, is further amended to read:
"(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:
(a) Workers' Compensation Commission;
(c) Ethics Commission;
(d) Election Commission;
(e) Professional and Occupational Licensing Boards;
(f) Juvenile Parole Board;
(g) Probation, Parole and Pardon Board;
(h) Director of the Department of Public Safety;
(i) Board of the Department of Health and Environmental Control, excepting the chairman;
(j) Chief of State Law Enforcement Division;
(k) South Carolina Lottery Commission;
(l) Executive Director of the Office of Regulatory Staff;
(m) Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Sections 58-31-55 or 58-31-56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists;
(n) Members of the governing body of the South Carolina State Ports Authority appointed pursuant to Section 54-3-20. The Governor must not request a member of the governing board of the authority to resign unless cause for removal, as established by this section, exists. Removal of a member of the governing body of the authority, except as provided by this section, must be considered an irreparable injury for which no adequate remedy at law exists."
SECTION 2. This act takes effect upon approval by the Governor.
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