S 870 Session 110 (1993-1994)
S 0870 General Bill, By Ford
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
58-3-27, 58-3-28, and 58-3-29 so as to provide the manner of selection of the
Public Service Commission; and to amend Sections 58-3-20, as amended, and
58-3-26, relating to the establishment of the Public Service Commission
Districts and election of commissioners, so as to revise the districts and the
manner of election.
10/11/93 Senate Prefiled
10/11/93 Senate Referred to Committee on Judiciary
01/11/94 Senate Introduced and read first time SJ-24
01/11/94 Senate Referred to Committee on Judiciary SJ-24
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTIONS 58-3-27, 58-3-28, AND 58-3-29 SO AS TO
PROVIDE THE MANNER OF SELECTION OF THE PUBLIC
SERVICE COMMISSION; AND TO AMEND SECTIONS 58-3-20, AS
AMENDED, AND 58-3-26, RELATING TO THE ESTABLISHMENT
OF THE PUBLIC SERVICE COMMISSION DISTRICTS AND
ELECTION OF COMMISSIONERS, SO AS TO REVISE THE
DISTRICTS AND THE MANNER OF ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 58-3-27. Legislators residing in the congressional
district shall meet upon written call of a majority of the members of the
delegation of each district at a time and place to be designated in the call
for the purpose of electing a commissioner to represent the district. A
majority present, either in person or by written proxy, of the delegation
from a given congressional district constitute a quorum for the purpose
of electing a district commissioner. No person may be elected
commissioner who fails to receive a majority vote of the members of the
delegation.
The delegation must be organized by the election of a chairman and
a secretary, and the delegations of each congressional district shall adopt
rules to govern the election. An absentee may vote by written proxy.
When the election is completed, the chairman and the secretary of the
delegation immediately shall transmit the name of the person elected to
the Secretary of State who shall issue to the person, after he has taken
the usual oath of office, a certificate of election as commissioner. The
Governor then shall issue a commission to the person, and pending the
issuance of the commission the certificate of election is sufficient
warrant to the person to perform all of the duties and functions of his
office as commissioner. Each commissioner shall serve until his
successor is elected and qualified.
Section 58-3-28. (A) Beginning February 15, 1995, commissioners
must be elected by the legislative delegation of each congressional
district. For the purposes of electing a commission member, a legislator
shall vote only in the congressional district in which he resides. All
commission members must serve for a term of office of four years which
expires on February fifteenth of the appropriate year. Commissioners
shall continue to serve until their successors are elected. A vacancy
occurring in the office of commissioner must be filled by election in the
manner provided in this chapter for the unexpired term only. No person
is eligible to serve as a commission member who is not a resident of that
district at the time of his appointment, except that the at-large
commission member may be appointed from any county in the State
regardless of whether another commissioner is serving from that county.
Failure by a commission member to maintain residency in the district for
which he is elected shall result in the forfeiture of his office. The
at-large commission member, upon confirmation, shall serve as
chairman of the commission.
(B) The terms of the initial members of the commission appointed
from congressional districts are as follows:
(1) commission members appointed to represent odd-numbered
congressional districts - two years; and
(2) commission members appointed to represent even-numbered
congressional districts - four years.
(C) The at-large commissioner shall serve at the pleasure of the
Governor.
Section 58-3-29. Each commission member, within thirty days after
his election or appointment, and before entering upon the discharge of
the duties of his office, shall take, subscribe, and file with the Secretary
of State the oath of office prescribed by the Constitution of the
State."
SECTION 2. Section 58-3-20 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 58-3-20. The Public Service Commission shall
be is composed of seven members, to be
six of whom are elected by the General Assembly and one
appointed by the Governor in the manner prescribed by this chapter
for terms of four years and until their successors are elected or
appointed and qualify.
Each of the six districts that are defined as congressional districts
on January 1, 1993, is a Public Service Commission district. The
General Assembly shall provide for the election of the seven member
commission and elect the six members thereto
based upon the congressional districts established by the General
Assembly pursuant to the official United States Census of 1980
1990. If the number of congressional districts is less than
seven, additional members shall be elected at large to provide for a
seven member commission One member must be appointed by
the Governor from the state at large upon the advice and consent of the
Senate."
SECTION 3. Section 58-3-26 of the 1976 Code, as added by Act 181
of 1993, is amended to read:
"Section 58-3-26. Whenever an election is to be held by the
General Assembly in joint session to elect a person to serve on the
Public Service Commission, a joint committee, composed of ten
members, three of whom shall be members of the House of
Representatives, three of whom shall be members of the Senate, two of
whom shall be appointed by the President Pro Tempore of the Senate
from the general public at-large, and two of whom appointed by the
Speaker of the House of Representatives from the general public at-large
shall be appointed to consider the qualifications of the candidates. Each
body shall determine how its respective legislative members shall be
selected. Provided, however, that in making appointments to the joint
committee, race, gender, and other demographic factors should be
considered to assure nondiscrimination, inclusion, and representation to
the greatest extent possible of all segments of the population of the
State. The joint committee shall meet as soon after its appointment as
may be practicable and shall elect one of its members as chairman, one
as secretary, and such other officers as it may deem desirable. The joint
committee shall conduct its screening pursuant to the provisions of
Section 2-9-10 et seq.
The members of the general public appointed by the Speaker and the
President Pro Tempore must be representative of all citizens of this
State, must not be members of the General Assembly, and must not be
affiliated in any way with an entity regulated by the commission.
In screening such persons for election to the Public Service
Commission the joint committee shall seek to establish a commission
which shall be broadly representative of the people of the State, men and
women of ability and dedication with compassion and common sense.
In screening persons for election to the Public Service Commission, the
joint committee shall consider the knowledge and experience of the
potential appointees in such varied fields as business, government,
accounting, law, engineering, statistics, consumer affairs and finance.
In making its findings the joint committee shall seek to find the best
qualified people giving due consideration to their ability and
integrity. (A) A county that is divided among two or more
Public Service Commission districts, for purposes of electing a
commission member, is considered to be in the district which contains
the largest number of residents from that county.
(B) No county within a district shall have a resident commission
member for more than one consecutive term and in no event shall any
two persons from the same county serve as a commission member
simultaneously except as provided. No person may be eligible to serve
as a commission member if the person previously has served as a
commission member.
(C) A member of the General Assembly or a former member of the
General Assembly is prohibited from serving on the commission for a
period of one year after terminating his office."
SECTION 4. This act takes effect upon approval by the Governor.
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