S 1171 Session 112 (1997-1998)
S 1171 General Bill, By Bryan
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
1-3-212, SO AS TO PROVIDE THAT THE GOVERNOR, DURING A LEGISLATIVE SESSION OF
THE GENERAL ASSEMBLY, MAY APPOINT AN ACTING DIRECTOR TO ANY DEPARTMENT
ENUMERATED IN SECTION 1-30-10 FOR A PERIOD NOT TO EXCEED SIX MONTHS.
04/02/ 98 Senate Introduced and read first time SJ-16
04/02/98 Senate Referred to Committee on Judiciary SJ-16
04/22/98 Senate Committee report: Favorable with amendment
Judiciary SJ-9
05/27/98 Senate Recommitted to Committee on Judiciary SJ-115
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 22, 1998
S. 1171
Introduced by Senator Bryan
S. Printed 4/22/98--S.
Read the first time April 2, 1998.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 1171 ), to amend the Code of Laws
of South Carolina, 1976, by adding Section 1-3-212, so as to provide
that the Governor, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, by striking SECTION
1 in its entirety and inserting therein the following:
/SECTION 1. Section 1-3-210 of the 1976 Code is amended
to read:
"Section 1-3-210. (A) During the recess of the
Senate, vacancy which occurs in In an office which
is filled by an appointment of the Governor with the advice and
consent of the Senate, a vacancy which occurs after the
General Assembly has adjourned sine die may be filled by an
interim appointment of the Governor. Upon making the interim
appointment, the The Governor must report the interim
appointment by transmittal letter to the Clerk of the
Senate before the interim appointee may take the oath of
off ice and assume his duties and responsibilities. The
Governor must forward a formal permanent
appointment by transmittal letter to the Clerk of the Senate after
the convening of the Senate at its next ensuing regular
session.
If Upon adjourning sine die , if the Senate does not
advise and consent to an interim appointment or an appointment
transmitt ed to th e Senate after the convening of the session and prior
to sine die adjournment thereto prior to sine die adjournment
of the next ensuing regular session, notwithstanding any
other provision of law, the office shall be vacant and the interim
< b>or reg ular session appointment shall not serve in hold
over holdover status notwithstanding any other
provision of law to the contrary. A subsequent interim
appointment of a different person to a vacancy created by a
failure of the Senate to grant confirmation to the
original interim shall expire on the second Tuesday in
January following the date of such subsequent interim appointment
and the office shall be vacant.
(B)(1) For any vacancy in an office which must be filled
pursuant to Section 1-30-10 and which occurs during a session of the
General Assembly, the Governor, while conducting a search for a
permanent director, may appoint an acting director to serve, without
the advice and consent of the Senate. The appointment is valid only
for a period commencing ten days after the vacancy, not to exceed
one hundred twenty days. In no event, except the death of an acting
director, may the Governor appoint another subsequent acting
director for the same position. The Governor must report the acting
director appointment by transmittal letter to the Clerk of the Senate
before the acting director may take the oath of office and assume his
duties and responsibilities. Nothing in this subsection shall prohibit
the Governor from submitting the person serving as acting director
as an interim appointment.
A vacancy which occurs in an office filled by an appointment
of the Governor with the advice and consent of the Senate made
pursuant to Section 1-30-10 after the General Assembly has
adjourned sine die may be filled by an interim appoin tment of the
Governor. Upon making the interim appointment, the Governor must
report the interim appointment by transmittal letter to the Clerk of the
Senate before the interim appointee may take the oath of office and
assume his duties and responsibilities. The Governor must forward
a formal permanent appointment by transmittal letter to the Clerk of
the Senate after the convening of the Senate at its next ensuing
regular session.
Upon adjourning sine die , if the Senate does not advise and consent
to an interim appointment or a permanent appointment transmitted to
the Senate after the convening of the regular session and prior to sine
die adjournment, the office shall be vacant and, notwithstanding any
other provision of law, the interim or permanent appoint ment shall
not serve in holdover status. A subsequent interim appointment of a
different person to a vacancy created by a failure of the Senate to
grant confirmation may be made upon sine die adjournment and shall
expire on the second Tuesday in January following the date of such
subsequent interim appointment and the office shall be vacant.
(2) For purposes of this subsection:
(a) 'Permanent appointment' means an ap pointmen t
made by the Governor pursuant to Section 1-30-10 while the General
Assembly is in session.
(b) 'Interim appointment' means an appointment made by the
Governor pursuant to Section 1-30-10 after the General Assembly
has adjourned sine die .
(c) 'Acting director' means an appointment made by the
Governor for a period of one hundred twenty days."/
Amend title to conform.
JAMES E. BRYAN, JR., for Committee.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 1-3-212, SO AS TO PROVIDE
THAT THE GOVERNOR, DURING A LEGISLATIVE SESSION
OF THE GENERAL ASSEMBLY, MAY APPOINT AN ACTING
DIRECTOR TO ANY DEPARTMENT ENUMERATED IN
SECTION 1-30-10 FOR A PERIOD NOT TO EXCEED SIX
MONTHS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-3-212. Notwithstanding any other provision of
law, while the General Assembly is in session, the Governor may
appoint an acting director for any department enumerated in Section
1-30-10 to serve for a period not exceeding six months. The
appointment shall expire upon sine die adjournment."
SECTION 2. This act takes effect upon approval by the Governor.
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