H 3122 General Bill, By H.H. Clyborne and R.S. Corning
 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 provide that the General Assembly elects the
 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.

   12/27/90  House  Prefiled
   12/27/90  House  Referred to Committee on Education and Public Works
   01/08/91  House  Introduced and read first time HJ-71
   01/08/91  House  Referred to Committee on Education and Public
                     Works HJ-71

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 PROVIDE THAT THE GENERAL ASSEMBLY ELECTS THE 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 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 shall be term is 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 call for the purpose of electing a highway commissioner to represent such 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 be declared elected district highway commissioner who shall fail 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 be organized by the election of a chairman and a secretary, and such joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. Each highway district commissioner must be elected by a majority vote of the members of the General Assembly. When the election is completed, the chairman and secretary of the joint county legislative delegations of each highway district shall immediately transmit the name names of the person persons elected must be transmitted immediately to the Secretary of State, who shall forthwith issue to such person these persons, after he has they have 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 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 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.