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H. 3165
STATUS INFORMATION
General Bill
Sponsors: Rep. Umphlett
Document Path: l:\council\bills\ggs\22816htc05.doc
Companion/Similar bill(s): 308
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Public Service Authority
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/15/2004 House Prefiled
12/15/2004 House Referred to Committee on Judiciary
1/11/2005 House Introduced and read first time HJ-107
1/11/2005 House Referred to Committee on Judiciary HJ-108
2/22/2005 House Recalled from Committee on Judiciary HJ-12
2/22/2005 House Referred to Committee on Labor, Commerce and Industry
HJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND THE SOUTH CAROLINA PORTS AUTHORITY, TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO REQUIRE THAT COMMITTEE TO SCREEN CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, AND TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE ADDITIONAL QUALIFICATIONS FOR THE DIRECTORS OF THE AUTHORITY RELATING TO EXPERIENCE AND EXPERTISE AND METHOD FOR SCREENING CANDIDATES FOR POSSESSION OF THE NECESSARY QUALIFICATIONS AND TO DELETE OBSOLETE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 An 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 the officer in writing of the specific charges brought against him and give the officer 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 2. A. Items (12) and (13) of Section 58-3-530 of the 1976 Code, as added by Act 175 of 2004, are amended to read:
"(12) to appoint a committee from the general public at large to advise the review committee on any of its powers and duties. Members must not be members of the General Assembly, members or employees of the Public Service Commission, or the executive director or employees of the Office of Regulatory Staff; and
(13) to undertake such additional studies or evaluations as the review committee considers necessary; and"
B. Section 58-3-530, added by Act 175 of 2004, is amended by adding a new item at the end to read:
"(14) to review candidates for appointment to the South Carolina Public Service Authority Board of Directors as submitted by the Governor to determine whether the candidates meet the qualifications set forth in Section 58-31-20."
SECTION 3. Section 58-31-20 of the 1976 Code is amended to read:
"Section 58-31-20. (A) Such The Public Service Authority shall consist consists of a board of eleven directors to be appointed by the Governor with the advice and consent of the Senate as follows: One one from each congressional district of the State; one from each of the counties of Horry, Berkeley, and Georgetown who reside in authority territory and are customers of the authority; and two shall be from the State at large, one of whom shall must be chairman and the other of whom shall must have had experience with the operations of rural electric cooperatives. Each director shall serve for a term of seven years and until his successor is appointed and qualifies, except that the present directors, including the chairman, shall serve until their terms of office expire and the directors first appointed from Horry, Berkeley and Georgetown Counties shall be appointed for terms of five, six and seven years respectively as determined by lot, such terms to commence May 19, 1974 except as provided in this section. At the expiration of the term of each director and of each succeeding director, the Governor shall appoint with the advice and consent of the Senate a successor, who shall hold office serve for a term of seven years, or until his successor has been appointed and qualified. In the event of If a vacancy occurring occurs in the office of a director by death, resignation, or otherwise, the Governor shall appoint his the director's successor, only with the advice and consent of the Senate, and he the successor-director shall hold office serve for the unexpired portion of the term. No director shall receive a salary for services as director until the authority is in funds, but each director shall be paid his actual expense in the performance of his duties hereunder, the same to be advanced from the contingent fund of the Governor until such time as the Public Service Authority is in funds, at which time the contingent fund shall be reimbursed. After the Public Service Authority is in funds, The compensation and expenses of each member of the board shall must be paid from such the funds of the authority, and the same shall compensation and expenses must be fixed by the advisory board hereinafter established pursuant to subsection (E) of this section. Members of the board of directors may be removed for cause by the advisory board or a majority thereof. No member of the General Assembly of the State of South Carolina shall be is eligible for appointment as a director of the Public Service Authority during the term of his office. Not No more than two members from the same county shall may serve as directors at any time.
(B) Candidates for appointment to the board must be screened by the State Regulation of Public Utilities Review Committee and, before confirmation by the Senate, must be found qualified by meeting the minimum requirements as contained in subsection (C). The review committee shall submit a written report to the Clerk of the Senate setting forth its findings as to the qualifications of each candidate. A candidate may not serve on the board even in an interim capacity until the candidate is screened and found qualified by the State Regulation of Public Utilities Review Committee.
(C) Each member must have a background of substantial duration and an expertise in at least one of the following areas:
(1) energy issues;
(2) water issues;
(3) finance, economics, and statistics;
(4) accounting;
(5) engineering;
(6) economic development; or
(7) law.
(D) The review committee may find a candidate qualified although the candidate does not have a background of substantial duration and expertise in one of the seven enumerated areas contained in subsection (C) of this section if three-fourths of the review committee vote to qualify the candidate and provide written justification of their decision in the report as to the qualifications of the candidates.
(E) For the assistance of the board of directors of said the Public Service Authority, there is hereby established an advisory board to be known as the advisory board Advisory Board of the South Carolina Public Service Authority, to be composed of the Governor of the State, the Attorney General, the State Treasurer, the Comptroller General, and the Secretary of State, as ex officio members, who shall serve without extra compensation other than necessary traveling expenses. Said This advisory board shall perform any duties imposed on them under it pursuant to this chapter, and shall consult and advise with the board of directors on any and all matters which by the board of directors may be referred to the advisory board. The board of directors shall make annual reports to the advisory board, which reports shall must be submitted to the General Assembly by the Governor, in which full information as to all of the acts of said the board of directors shall must be given, together with financial statement and full information as to the work of the Authority authority. The On July first of each year, the advisory board shall on July first of each year, designate some reputable a certified public accountant or accountants, resident in who are residents of the State, for the purpose of making a complete audit of the affairs of said Authority the authority, which said audit shall must be filed with the annual report of the board of directors."
SECTION 4. This act takes effect upon approval by the Governor.
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