S 138 Session 109 (1991-1992)
S 0138 General Bill, By S.S. Martschink, Courson 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 constitute Highway Districts and
to revise the membership of the State Highways and Public Transportation
Commission; to amend Section 57-3-220, relating to the election of the
Commissioners, so as to delete obsolete language and provide for additional
Commissioners; to amend Section 57-3-240, relating to the rotation of
representation on the Commission, so as to revise the eligibility requirements
for election; and to provide for termination of the terms of the current
Commissioners and for initial terms.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Transportation
01/08/91 Senate Introduced and read first time SJ-61
01/08/91 Senate Referred to Committee on Transportation SJ-61
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
CONSTITUTE HIGHWAY DISTRICTS AND TO REVISE THE
MEMBERSHIP OF THE STATE HIGHWAYS AND PUBLIC
TRANSPORTATION COMMISSION; TO AMEND SECTION
57-3-220, RELATING TO THE ELECTION OF THE
COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE
AND PROVIDE FOR ADDITIONAL COMMISSIONERS; TO
AMEND SECTION 57-3-240, RELATING TO THE ROTATION OF
REPRESENTATION ON THE COMMISSION, SO AS TO REVISE
THE ELIGIBILITY REQUIREMENTS FOR ELECTION; AND TO
PROVIDE FOR TERMINATION OF THE TERMS OF THE
CURRENT COMMISSIONERS AND FOR INITIAL TERMS.
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 a in this article
two highway commissioner commissioners to
be known as a district highway commissioner
commissioners. Two commissioners Seven
commissioners, upon the advice and consent of the Senate,
shall must be appointed by the Governor from the State
at large, whose terms shall be are coterminous with that
of the Governor appointing. The several commissioners so
chosen shall constitute as a body the State
Highway Highways and Public Transportation
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. 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 two
highway commissioner commissioners 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 commissioners, 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, shall adopt such the rules as
they deem consider proper to govern the election.
Any An 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 shall transmit the name names of
the person persons elected to the Secretary of State, who
shall forthwith issue to such person each one,
after he has taken the usual oath of office, a certificate of election as
district highway commissioner. The Governor then shall
thereupon forthwith issue a commission to such
each person, and pending such the issuance
of the commission the aforementioned certificate of
election shall be a is sufficient warrant to such
each 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. The terms of the members of the State Highways and
Public Transportation Commission serving on this act's effective date
end when the commission members are elected or appointed and qualify
pursuant to Sections 57-3-210 and 57-3-220 of the 1976 Code as
amended in this act. The terms of the initial members of the commission
elected by the legislative delegations pursuant to Section 57-3-220 are
as follows:
(1) commissioners elected to represent the first, third, and fifth
congressional districts: two years;
(2) commissioners elected to represent the second, fourth, and
sixth congressional districts: four years.
SECTION 5. This act takes effect upon approval by the Governor.
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