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H. 4261
STATUS INFORMATION
General Bill
Sponsors: Reps. Umphlett, Dantzler, Duncan, Herbkersman, Hinson, Limehouse, Mahaffey, Merrill, Owens, Pinson, M.A. Pitts, Richardson, Sandifer, J.R. Smith and Taylor
Document Path: l:\council\bills\ggs\22201htc03.doc
Introduced in the House on May 21, 2003
Introduced in the Senate on April 20, 2004
Last Amended on April 15, 2004
Currently residing in the Senate
Summary: Removal of State officers by the Governor
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/21/2003 House Introduced and read first time HJ-50
5/21/2003 House Referred to Committee on Judiciary HJ-51
4/14/2004 House Committee report: Favorable with amendment Judiciary HJ-8
4/15/2004 House Amended HJ-88
4/15/2004 House Read second time HJ-90
4/15/2004 House Unanimous consent for third reading on next legislative
day HJ-90
4/16/2004 House Read third time and sent to Senate HJ-3
4/20/2004 Senate Introduced and read first time SJ-7
4/20/2004 Senate Referred to Committee on Judiciary SJ-7
5/12/2004 Senate Committee report: Favorable with amendment Judiciary
SJ-17
5/27/2004 Senate Read second time SJ-208
5/27/2004 Senate Ordered to third reading with notice of amendments SJ-208
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
5/21/2003
4/14/2004
4/15/2004
5/12/2004
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 12, 2004
H. 4261
Introduced by Reps. Umphlett, Dantzler, Duncan, Herbkersman, Hinson, Limehouse, Mahaffey, Merrill, Owens, Pinson, M.A. Pitts, Richardson, Sandifer, J.R. Smith and Taylor
S. Printed 5/12/04--S.
Read the first time April 20, 2004.
To whom was referred a Bill (H. 4261) 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, etc., respectfully
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, by striking all after the enacting words and inserting therein the following:
/ 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 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 must inform him in writing of the specific charges brought against the officer 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. Section 58-3-530 of the 1976 Code, as added by 175 of 2004, is amended to read:
"Section 58-3-530. The review committee has the following powers and duties:
(1) to nominate:
(a) no more than three candidates for each seat on the Public Service Commission to be elected by the General Assembly. In order to be nominated, a candidate must be found qualified by meeting the requirements as provided in Sections 58-3-20 and 58-3-560;
(b) no more than one qualified candidate for the Governor to consider in appointing the Executive Director of the Office of Regulatory Staff. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Section 58-4-30. The review committee must give due consideration to a candidate's experience and expertise in matters related to public utilities. A person must not be appointed to serve as Executive Director of the Office of Regulatory Staff unless nominated by the review committee. If the Governor rejects a person nominated for the position of executive director by the review committee, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment;
(2) notwithstanding any other provision of law, to set the salary of the Executive Director of the Office of Regulatory Staff;
(3) to conduct an annual performance review of each member of the commission, which must be submitted to the General Assembly. A draft of the member's performance review must be submitted to the member, and the member must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly. The final performance review must be made a part of the member's record for consideration if the member seeks reelection to the commission;
(4) to evaluate the actions of the commission, to the end that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate;
(5) to develop and distribute to each party and its representatives appearing before the commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following:
(a) knowledge and application of substantive utility issues; ability to perceive relevant issues;
(b) absence of influence by political considerations;
(c) absence of influence by identities of lawyers;
(d) absence of influence by identities of litigants;
(e) courtesy to all persons appearing before the commission; and
(f) temperament and demeanor in general, preparation for hearings, and attentiveness during hearings;
(6) to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the commission. A proposed draft of the evaluation must be submitted to the commission prior to submission to the General Assembly, and the commission must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(7) to conduct an annual performance review of the Executive Director of the Office of Regulatory Staff, which must be submitted to the General Assembly. A draft of the executive director's performance review must be submitted to the executive director, and the executive director must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly;
(8) to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the Office of Regulatory Staff. A proposed draft of the evaluation must be submitted to the Office of Regulatory Staff prior to submission to the General Assembly, and the Office of Regulatory Staff must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(9) to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the commissioners and employees of the Public Service Commission and the executive director and employees of the Office of Regulatory Staff;
(10) to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section;
(11) to submit a letter with the annual budget proposals of the Office of Regulatory Staff and the Public Service Commission, indicating the review committee has reviewed and approved the proposals;
(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
(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 be chairman and the other of whom shall 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 must 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 vacancy occurring in the office of a director by death, resignation, or otherwise, the Governor shall must 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 director shall 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 be reimbursed. After the Public Service Authority is in funds, the compensation and expenses of each member of the board shall be paid from such funds, and the same shall compensation and expenses must be fixed by the advisory board hereinafter established. 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 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, prior to confirmation by the Senate, must be found qualified by meeting the minimum requirements as 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 must 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 must 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 prior to 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; and
(2) a background of substantial duration and an expertise in at least one of the following areas:
(a) energy issues;
(b) water issues;
(c) finance, economics, and statistics;
(d) accounting;
(e) engineering;
(f) economic development; or
(g) 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)(2) of this section if three-fourths of the review committee vote to qualify such 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 must serve without extra compensation other than necessary traveling expenses. Said This advisory board shall must perform any duties imposed on them under this chapter, and shall must 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 must 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, must 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. /
Renumber sections to conform.
Amend title to conform.
SCOTT H. RICHARDSON for Committee.
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 REMOVE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FROM THE CATEGORY OF OFFICERS WHO MAY BE REMOVED ONLY FOR CAUSE, AND 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.
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 59 of 2001, is further amended to read:
Section 1-3-240. (A) Any officer of the county, or State, or special purpose district except:
(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, 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 is 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 an officer, the Governor shall inform him the officer in writing of the specific charges brought against him the officer and give him the officer 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) 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) Worker's Compensation Commission;
(2) Commission of the Department of Revenue;
(3) Ethics Commission;
(4) Election Commission;
(5) Professional and Occupational Licensing Boards;
(6) Juvenile Parole Board;
(7) Probation, Parole and Pardon Board;
(8) Director of the Department of Public Safety;
(9) Board of the Department of Health and Environmental Control, excepting the Chairman;
(10) Chief of State Law Enforcement Division.;
(11) South Carolina Lottery Commission.;
(12) South Carolina State Ports Authority;
(13) South Carolina Public Service Authority.
Upon the expiration of an officeholder's term, such that individual may continue to serve until a successor has been appointed and qualifies.
SECTION 2. This act takes effect upon approval by the Governor.
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