South Carolina General Assembly
117th Session, 2007-2008

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H. 3992

STATUS INFORMATION

General Bill
Sponsors: Rep. Toole
Document Path: l:\council\bills\nbd\11596ac07.doc
Companion/Similar bill(s): 4448

Introduced in the House on April 25, 2007
Currently residing in the House Committee on Judiciary

Summary: Richland-Lexington Airport District and Commission

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/25/2007  House   Introduced and read first time HJ-86
   4/25/2007  House   Referred to Committee on Judiciary HJ-86

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/25/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND-LEXINGTON AIRPORT DISTRICT AND COMMISSION, SO AS TO PROVIDE THAT MEMBERS SHALL SERVE TERMS OF FOUR YEARS, NOT TO EXCEED THREE TERMS; AND TO AMEND SECTION 55-11-330, RELATING TO OFFICERS OF THE COMMISSION, SO AS TO SPECIFY THE MANNER IN WHICH THE CHAIRMANSHIP OF THE COMMISSION IS ROTATED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 55-11-320 of the 1976 Code, as last amended by Act 326 of 2002, is further amended to read:

"Section 55-11-320.    The corporate powers and duties of the Richland-Lexington Airport District must be exercised and performed by a commission to be known as Richland-Lexington Airport Commission. The commission must be composed of twelve members to be appointed by the Governor as follows: five members must be appointed upon the recommendation of a majority of the Lexington County Legislative Delegation, five members must be appointed upon the recommendation of a majority of the Richland County Legislative Delegation, and two members must be appointed upon the recommendation of the City Council of the City of Columbia. The members of the commission shall serve for terms of four years and until their successors are appointed and qualify. Members may not serve more than two consecutive three terms. At the expiration of a third term, the office becomes vacant, and the member shall not continue to serve until a successor is appointed and qualify. A member who has served three terms is not eligible to serve on the commission in the future. A member serving on July 1, 1994, 2007, who has served more than twelve years, may serve until the expiration of the term for which he was elected and may serve two additional terms. In the event of the member has served twelve years, at which time the office becomes vacant, and the member shall not continue to serve until a successor is appointed and qualify. Such a member who has served twelve years is not eligible to serve on the commission in the future. If a vacancy occurs for any reason, other than the expiration of a term, a successor must be appointed in the same manner of as the original appointment for the balance of the unexpired term. Any A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard. Notwithstanding Upon the expiration of the term of office of any a member who has served two or fewer terms, the member, he shall continue to serve until his successor shall have has been recommended, appointed, and qualified, but qualify; however, any delay in appointing a successor shall does not extend the term of such the successor. The members of the commission shall serve without compensation, except for their actual and necessary expenses while in performance of duties prescribed under this article."

SECTION    2.    Section 55-11-330 of the 1976 Code is amended to read:

"Section 55-11-330.    (A)    The commission shall appoint one of its members as chairman, one of its members as vice-chairman vice chairman, and one of its members, or any other competent person, as secretary of the commission. The chairman of the Commission shall serve for a term of two years and until his successor is appointed and qualified qualify. The vice-chairman vice chairman shall likewise serve for a term of two years and until his successor is appointed and qualified qualify. The office of chairman of the commission shall must be rotated among the representatives of the three constituent appointing public bodies, so that a representative appointed by each constituent agency shall hold office as chairman for a term of two years, and the first chairman so appointed and serving shall then be succeeded by a representative appointed by a second of the two remaining constituent appointing bodies. Upon the expiration of the second two-year term, a representative of the third appointing body shall be elected as chairman to hold office for a term of two years. The pattern of rotation as thus established shall continue in order that in accordance with subsection (B), and no representative of any of the three constituent appointing bodies shall may hold office for a full two-year term unless two full intervening terms shall have expired.

(B)(1)    Upon expiration of the term of the chairman from Lexington County serving in office on June 30, 2007, the chairmanship must be rotated in the following manner: initially, the chairman must be selected from the members appointed upon the recommendation of the Richland County Legislative Delegation, the next chairman must be selected from the members appointed upon the recommendation of the Lexington County Legislative Delegation, the next chairman must be selected from the members appointed upon the recommendation of the Richland County Legislative Delegation, and then the next chairman must be selected from the members appointed upon the recommendation of the City Council of the City of Columbia. Each of these chairman shall serve for one two-year term.

(2)    After the rotation of the chairmanship as provided for in subsection (B)(1), the next chairman must be selected from the members appointed upon the recommendation of the Lexington County Legislative Delegation, and thereafter the rotation must continue as provided for in subsection (B)(1).

(C)    In the event that If the office of chairman shall become becomes vacant, the duties of the chairman shall must be temporarily performed by the vice-chairman vice chairman, but a successor shall must be appointed as expeditiously as possible from the members representing the same constituent public body as did the former chairman who shall have failed to complete his term. Insofar as is practicable, the same scheme of rotation shall must be applied to the office of vice-chairman vice chairman, but the practice of rotating the office of vice-chairman vice chairman may be dispensed with, in the event that if the commission, by a two-thirds vote, shall find finds that the rotation of this office is impracticable.

(D)    Office on the commission shall be deemed is an office of honor within the meaning of the provision of Section 1A of Article 17 of the Constitution of South Carolina. The term of the secretary of the commission shall have such term as shall must be fixed as determined by the commission."

SECTION    3.    This act takes effect upon approval by the Governor.

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