South Carolina General Assembly
116th Session, 2005-2006

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Bill 1117


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 1-3-225 SO AS TO PROVIDE FOR THE MANNER IN WHICH HOLDOVER APPOINTEES OF THE GOVERNOR WHICH REQUIRE THE ADVICE AND CONSENT OF THE SENATE SHALL CONTINUE TO SERVE IN OFFICE, AND FOR PROCEDURES TO BE FOLLOWED IN MAKING NEW APPOINTMENTS.

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 1-3-225.    If the appointment of a public official by the Governor requires the advice and consent of the Senate, the officeholder upon the expiration of his term may continue to serve in office until his successor is appointed and qualifies or until the office becomes vacant in the manner provided in this section. No later than December thirty-first of the year in which the officeholder's term expires, the Governor shall appoint and submit to the Senate for confirmation the name of a successor who may be the former incumbent. If the Senate refuses to confirm the appointment, the office becomes immediately vacant. The Governor may then submit additional nominees until the Senate confirms the appointment. The provisions of this section take precedence over the provisions of Section 1-3-210 relating to filling vacancies when the Senate is not in session."

SECTION    2.    This act takes effect upon approval by the Governor.

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