S 0006 General Bill, By Wilson, Giese and M.T. Rose
 A Bill to amend Section 57-3-210, Code of Laws of South Carolina, 1976,
 relating to State Highway Districts and Highway District Commissioners, so as
 to provide that the Congressional Districts of the State constitute Highway
 Districts; to amend Section 57-3-220, relating to the election of District
 Highway Commissioners, so as to provide for staggered terms and to delete
 obsolete language; to amend Section 57-3-240, relating to the rotation of the
 office of District Highway Commissioner among the counties in the District, so
 as to provide that any qualified elector of a highway district may be elected
 to represent the district and to delete the requirement for unanimity for
 nonrotation or reelection of Commissioners and the nominating process
 associated with mandatory rotation, and to provide that members of the
 Commission serving on the effective date of this Act shall continue to serve
 until all the members of the reconstituted Commission qualify, after which the
 terms end and the new members take office.

   09/10/90  Senate Prefiled
   09/10/90  Senate Referred to Committee on Transportation
   01/08/91  Senate Introduced and read first time SJ-26
   01/08/91  Senate Referred to Committee on Transportation SJ-26

A BILL

TO AMEND SECTION 57-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGHWAY DISTRICTS AND HIGHWAY DISTRICT COMMISSIONERS, SO AS TO PROVIDE THAT THE CONGRESSIONAL DISTRICTS OF THE STATE CONSTITUTE HIGHWAY DISTRICTS; TO AMEND SECTION 57-3-220, RELATING TO THE ELECTION OF DISTRICT HIGHWAY COMMISSIONERS, SO AS TO PROVIDE FOR STAGGERED TERMS AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 57-3-240, RELATING TO THE ROTATION OF THE OFFICE OF DISTRICT HIGHWAY COMMISSIONER AMONG THE COUNTIES IN THE DISTRICT, SO AS TO PROVIDE THAT ANY QUALIFIED ELECTOR OF A HIGHWAY DISTRICT MAY BE ELECTED TO REPRESENT THE DISTRICT AND TO DELETE THE REQUIREMENT FOR UNANIMITY FOR NONROTATION OR REELECTION OF COMMISSIONERS AND THE NOMINATING PROCESS ASSOCIATED WITH MANDATORY ROTATION, AND TO PROVIDE THAT MEMBERS OF THE COMMISSION SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE UNTIL ALL THE MEMBERS OF THE RECONSTITUTED COMMISSION QUALIFY, AFTER WHICH THE TERMS END AND THE NEW MEMBERS TAKE OFFICE.

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

SECTION 1. Section 57-3-210 of the 1976 Code is amended to read:

"Section 57-3-210. The several judicial circuits congressional districts of the this State are for the purposes of this Title hereby constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective judicial circuits districts. For each of such highway districts district there shall must be chosen in the manner and for the terms of office herein provided in this article a highway commissioner to be known as a district highway commissioner. Two commissioners One commissioner, upon the advice and consent of the Senate, shall must be appointed by the Governor from the State at large, whose terms term shall be is coterminous with that of the Governor appointing. The several commissioners so chosen shall constitute as a body the State Highway Commission of South Carolina."

SECTION 2. Section 57-3-220 of the 1976 Code is amended to read:

"Section 57-3-220. Upon the expiration of the terms of office of the present district highway commissioners (the terms of the commissioners for the second, ninth, tenth, twelfth and fourteenth districts expiring April 15, 1962, those for the third, eighth, eleventh and thirteenth districts April 15, 1963 and those for the first, fourth, fifth, sixth and seventh districts April 15, 1964), the district District highway commissioners shall must be chosen as provided herein in this section for a term of office of four years, which shall expire expires on April fifteenth of the appropriate year, except that those first elected to represent the first, third, and fifth districts shall serve for terms of two years and until their successors are elected and qualify. The legislative delegations representing the counties of each highway district herein created shall meet upon written call of a majority of the members of the delegations of each highway district at a time and place to be designated in such the call for the purpose of electing a highway commissioner to represent such the highway district. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given highway district shall constitute a quorum for the purpose of electing a district highway commissioner, but no person shall may be declared elected district highway commissioner who shall fail fails to receive a majority vote of all the members of the county legislative delegations from the highway district. The joint county legislative delegations of each highway district shall must be organized by the election of a chairman and a secretary, and such the joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt such the rules as they deem consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each highway district shall immediately transmit immediately the name of the person elected to the Secretary of State, who shall forthwith issue to such the person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon forthwith issue a commission to such the person, and pending such the issuance of the commission the aforementioned certificate of election shall be a is sufficient warrant to such the person to perform all of the duties and functions of his office as commissioner. Each district highway commissioner shall serve serves until his successor shall have been is elected and qualified qualifies."

SECTION 3. Section 57-3-240 of the 1976 Code is amended to read:

"Section 57-3-240. Representation of a given A qualified elector of the highway district may be elected to represent that highway district on the commission shall be rotated among the counties of the district, except by unanimous consent of all members of the county legislative delegations from the district. No district highway commissioner elected under the provisions of this article shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the district. The legislative delegation of any county entitled to a district highway commissioner under the provisions of this section shall nominate three suitable persons for the office, one of whom shall be elected district highway commissioner by a majority vote of all of the members of the county legislative delegations representing the district."

SECTION 4. Notwithstanding the provisions of Section 57-3-220 of the 1976 Code governing the time when a person elected commissioner may perform the duties of his office, members of the State Highway Commission serving on the effective date of this act shall continue to serve until all of their successors have been elected and appointed and qualified as provided in this act after which their terms of office end and their successors assume office.

SECTION 5. This act takes effect upon approval by the Governor.