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H. 3452
STATUS INFORMATION
General Bill
Sponsors: Reps. Umphlett, Stewart, Bailey, Ballentine, Barfield, Bingham, J. Brown, Ceips, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Edge, Frye, Haley, Hardwick, Hinson, Hosey, Howard, Huggins, Jefferson, Littlejohn, Lloyd, Mack, Mahaffey, Miller, J.H. Neal, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rivers, Rutherford, F.N. Smith, J.E. Smith, Viers, Weeks, Whitmire, Witherspoon and Clark
Document Path: l:\council\bills\swb\6263mm05.doc
Introduced in the House on February 3, 2005
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Public Utilities Review Committee; Public Service Authority
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/3/2005 House Introduced and read first time HJ-11
2/3/2005 House Referred to Committee on Judiciary HJ-12
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
4/14/2005 House Member(s) request name removed as sponsor: Battle
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 58-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE REVIEW COMMITTEE HAS THE POWER TO APPOINT AN ADVISORY COMMITTEE, AT LEAST ONE OF WHOM MUST HAVE ELECTRIC COOPERATIVE EXPERIENCE, AND TO FURTHER PROVIDE THAT THE REVIEW COMMITTEE HAS THE DUTY TO REVIEW CANDIDATES FOR APPOINTMENT TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO DETERMINE WHETHER THE CANDIDATES ARE QUALIFIED; TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ESTABLISH QUALIFICATIONS AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS AND TO PROVIDE THE MANNER IN WHICH THE DIRECTORS MUST BE APPOINTED; AND TO AMEND SECTION 1-3-240, AS AMENDED, 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-3-530(12) and (13) of the 1976 Code, as added by Act 175 of 2004, is amended to read:
"(12) to appoint a committee from the general public at large, at least one of whom must have electric cooperative experience, 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
(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 described in Section 58-31-20."
SECTION 2. Section 58-31-20 of the 1976 Code, as amended by Act 179 of 2004, is further amended to read:
"Section 58-31-20. (A) Such The Public Service Authority shall consist consists of a board of eleven directors to be who shall have the qualifications stated in this section, as determined by the State Regulation of Public Utilities Review Committee pursuant to Section 58-3-530(14), before being appointed by the Governor with the advice and consent of the Senate as follows: 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. At least six of the board members shall have had substantial experience with within the operations of electric cooperatives or substantial experience on an electric cooperative board. 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 for a term of seven years, or until his successor has been appointed and qualified. In the event of a director vacancy occurring in the office of a director by due to 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 for the unexpired term. No A director shall may not receive a salary for services as director until the Authority authority is in funds, but each director shall must be paid his actual expense in the performance of his duties hereunder, the same actual expense 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 must 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 those funds, and the same shall compensation and expenses must be fixed by the advisory board hereinafter established in this section. Members of the board of directors may be removed for cause by the advisory board or a majority thereof of its membership. No A member of the General Assembly of the State of South Carolina shall be is not eligible for appointment as director of the Public Service Authority during the term of his office. Not No more than two members from the same county shall 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 contained in subsection (C). The review committee must 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 he is screened and found qualified by the State Regulation of Public Utilities Review Committee.
(C) Each member shall have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors before completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
(c) an institution of higher learning chartered before 1962; or
(2) a background of substantial duration and an expertise in at least one of the following areas:
(a) energy;
(b) water;
(c) finance, economics, and statistics;
(d) accounting;
(e) engineering;
(f) economic development; or
(g) law; and
(3) a background of substantial duration and expertise in energy issues and, with regard to the six members referred to in subsection (A) of this section, substantial work experience within an electric cooperative or substantial experience on an electric cooperative board.
(D) 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 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 The advisory board shall perform any duties imposed on them under pursuant to this chapter, and shall consult and advise with the board of directors on any and all matters which that by the board of directors may be referred to the advisory board by the board of directors. 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, and 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 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 3. 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; and
(m) South Carolina Public Service 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 4. This act takes effect upon approval by the Governor.
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