Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 3635 . . . . . Thursday, June 1, 1995

Senator MOORE proposed the following amendment (JUD0264.020), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 1-3-220 of the 1976 Code is amended to read:

"Section 1-3-220. The following appointments shall be made by the Governor and are in addition to those appointments by the Governor authorized in other provisions in the Code:

(1) An appointment to fill any vacancy in an office of the executive department as defined in Section 1-1-110 occurring during a recess of the General Assembly. The term of such appointment shall be until the


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vacancy be filled by a general election or by the General Assembly in the manner provided by law.
(2 1) An appointment to fill any vacancy in a county office. The person so appointed shall hold office, in all cases in which the office is elective, until the next general election and until his successor shall qualify; and in the case of offices originally filled by appointment and not by election, until the adjournment of the session of the General Assembly next after such vacancy has occurred. The Governor may remove for cause any person so appointed by him under the provisions of this paragraph to fill any such vacancy.

(3 2) Proxies to represent the share of the State in the Cheraw and Coalfields Railroad Company and in the Cheraw and Salisbury Railroad Company.

(4 3) The chief constable of the State, whensoever in his judgment any public emergency shall require it or when necessary to the due execution of legal process."

SECTION 1A. Chapter 3, Title 1 of the 1976 Code is amended by adding:

"Section 1-3-200. (A) Effective with all appointments made after January 1, 1996, and for all appointments whose terms expire after January 1, 1996, unless expressly provided otherwise, the term of office for all appointments subject to the advice and consent of the Senate shall begin on June first and expire on May thirty-first of the year in which the respective term of office is set for appointment or reappointment. The provisions of this section and the Rules of the Senate shall govern the appointment and confirmation of offices subject to the advice and consent of the Senate.

(B) Prior to April first of each year, the Governor must submit an appointment to the Senate for its consideration for those offices with terms expiring in that year.

If no appointment is transmitted prior to April first or if the appointment transmitted is not confirmed by the Senate prior to sine die adjournment of the General Assembly, the office is vacant upon sine die adjournment and an interim appointment of another individual must be made and shall be deemed a subsequent interim appointment as provided in Section 1-3-210.

(C) If, on or after April first, a vacancy occurs in an office referenced in subsection (A), for reasons other than expiration of a term, the Governor may submit a new appointment to the Senate for advice and consent within five working days of the vacancy but in no event later than May twenty-first of that year. If no appointment is transmitted or if the


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appointment transmitted is not confirmed by the Senate prior to sine die adjournment of the General Assembly, the office is vacant upon sine die adjournment and an interim appointment of another individual may be made and shall be deemed a subsequent interim appointment as provided in Section 1-3-210.

(D) An appointment of the Governor to a vacancy occurring after May first for reasons other than expiration of a term, may be filled upon advice and consent of the Senate. If the Senate fails to confirm the appointee, the same individual may be appointed as an interim appointment pursuant to Section 1-3-210, notwithstanding the fact that the vacancy occurred when the General Assembly was in session.

(E) The provisions of this section shall not apply to the appointment of magistrates made pursuant to Section 22-1-10."

SECTION 1B. Section 1-3-210 of the 1976 Code is amended to read:

"Section 1-3-210. (A) During the recess of the Senate, a vacancy which occurs in an office filled by an appointment of the Governor with the advice and consent of the Senate may be filled by an interim appointment of the Governor. The Governor Secretary of State must report the interim appointment to the Senate within five working days of its receipt. and The Governor must forward a formal appointment to the Senate on the second Tuesday in January of the at its next ensuing regular session.

If the Senate does not advise and consent thereto to the interim appointment prior to sine die adjournment of the next ensuing regular session, the office shall be vacant and the interim appointment appointee shall not serve in hold over status notwithstanding any other provision of law to the contrary. The Governor may make a A subsequent interim appointment of a different person person other than the original interim appointee to a the vacancy created by a failure of the Senate to grant confirmation to the original interim appointment. Unless confirmed, the office to which the subsequent interim appointee was appointed is deemed vacant on shall expire on the second Tuesday in January February first following the date of such that the subsequent interim appointment is made and the appointment must be returned to the Governor office shall be vacant. Notwithstanding any provision of law to the contrary, the subsequent interim appointee may not continue in office in holdover status.

(B) Notwithstanding any statutory provision to the contrary, except Section 1-1-120, the Governor may not make an appointment to an office which is filled by election by the General Assembly."

SECTION 1C. Section 1-3-215 of the 1976 Code is amended to read:


Printed Page 3638 . . . . . Thursday, June 1, 1995

"Section 1-3-215. (A) Appointments by the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:

(1) the title of the office to which the individual is being appointed;

(2) the designation of any special seat, discipline, interest group or other designated entity that the individual is representing or is chosen from;

(3) the full legal name of the individual being appointed;

(4) the date of birth, driver's license number, social security number, voter registration number, and precinct of residence of the individual being appointed;

(4) (5) the current street or mailing address and telephone number;

(5) (6) the county, counties, district or other geographic area or political subdivision being represented;

(6) (7) the name of the individual being replaced if the appointment is not an initial appointment; and

(8) a designation indicating those individuals being appointed as an interim appointment or a subsequent interim appointment;

(7) (9) the commencement and ending date of the term of office; and

(10) evidence that the appointee meets the statutory and constitutional qualifications established for the office.

(B) When an appointment has been confirmed by the Senate, evidence of such confirmation shall be transmitted to the Secretary of State by the Clerk of the Senate and the Secretary of State must thereafter obtain the necessary oath and evidence of bond if required. The official record for purposes of establishing a term of office shall be that term designated in the Senate Journal. The taking of the oath of office and filing of any requisite bond shall fully vest the person appointed with the full rights, privileges and powers of the office. The notice of confirmation transmitted by the Senate shall be conclusive as to the validity of an appointment and the issuance of a commission by the Secretary of State after obtaining the requisite documentation is a ministerial act."

SECTION 2. Section 1-3-240(C)(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(C) Commission Director of the Department of Revenue and Taxation;"

SECTION 3. Section 1-7-920(3) of the 1976 Code is amended to read:

"(3) The Executive Director of the South Carolina Criminal Justice Academy Director of the Department of Public Safety shall serve during the term for which he is appointed;"


Printed Page 3639 . . . . . Thursday, June 1, 1995

SECTION 4. Section 1-7-940 of the 1976 Code is amended to read:

"Section 1-7-940. (A) The commission has the following duties:

(1) coordinate all administrative functions of the offices of the solicitors and any affiliate services operating in conjunction with the solicitors' offices;

(2) submit the budgets of the solicitors and their affiliate services to the General Assembly;

(3) encourage and develop legal education programs and training programs for solicitors and their affiliate services, organize and provide seminars to help increase the effectiveness and efficiency of the prosecution of criminal cases in this State, and act as a clearinghouse and distribution source for publications involving solicitors and their affiliate services and provide legal updates on matters of law affecting the prosecution of cases in this State;

(4) provide blank indictments for the circuit solicitors;

(5) provide information, training, and technical assistance to the Victim/Witness Assistance units within the solicitors' offices.

(B) Nothing in this section may be construed to displace or otherwise affect the functions and responsibilities of the State Victim/Witness Assistance Program as established in Section 16-3-1410."

SECTION 5. Section 1-11-310(E) and (F) of the 1976 Code, as last amended by Act 449 of 1992, are further amended to read:

"(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation must be retained by those agencies.

(F) Exceptions to requirements in subsections (B) and (C) must be approved by the director of the Division of Motor Vehicle Management. Requirements in subsection (B) do not apply to the Division of State Development Board of the South Carolina Department of Commerce."

SECTION 6. Section 1-19-60 of the 1976 Code is amended to read:

"Section 1-19-60. The State Reorganization Commission shall be is composed of nineteen members, who shall serve for terms of two years, of whom. one One shall must be the chairman of the Ways and Means Committee of the House of Representatives, one shall must be the chairman of the Judiciary Committee of the House of Representatives, five shall must be members of the House of Representatives elected by the House of Representatives, one shall must be the chairman of the Finance Committee of the Senate, one shall must be the chairman of the Judiciary Committee of the Senate, five shall must be members of the Senate elected by the Senate, and five shall must be appointed by the Governor, one of


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whom may be a member of the State Development the Secretary of Commerce or his designee who shall serve ex officio or some other a member of a state board, who shall serve ex officio. In the case of a vacancy in the membership of the commission it shall must be filled in the manner of the original election or appointment."


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