S 342 Session 110 (1993-1994)
S 0342 General Bill, By L.E. Richter, Mescher and M.T. Rose
A Bill to amend Article 3, Chapter 3, Title 57, Code of Laws of South
Carolina, 1976, relating to the composition of the State Highway Commission,
the election and term of office of District Highway Commissioners, the filling
of vacancies in the Office of Commissioner, and the compensation of District
Highway Commissioners, so as to provide that the Congressional Districts of
the State constitute highway districts designated by numbers corresponding to
the numbers of the respective Congressional District; to provide that the
Governor shall appoint one Highway Commissioner from each Highway District and
one at-large Commissioner who shall all serve for a term of four years; to
provide that no Highway District may have a Highway Commissioner for more than
one term; to provide for confirmation hearings; to provide that the Governor
may remove a Commissioner for cause; to provide for the compensation of
Commissioners; to provide that a Commissioner shall serve until their
successors are appointed and qualified; and to provide that Commissioners
serving on the effective date of this Act shall continue to serve until the
expiration of their term of office.
01/28/93 Senate Introduced and read first time SJ-9
01/28/93 Senate Referred to Committee on Transportation SJ-9
A BILL
TO AMEND ARTICLE 3, CHAPTER 3, TITLE 57, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION
OF THE STATE HIGHWAY COMMISSION, THE ELECTION AND
TERM OF OFFICE OF DISTRICT HIGHWAY COMMISSIONERS,
THE FILLING OF VACANCIES IN THE OFFICE OF
COMMISSIONER, AND THE COMPENSATION OF DISTRICT
HIGHWAY COMMISSIONERS, SO AS TO PROVIDE THAT THE
CONGRESSIONAL DISTRICTS OF THE STATE CONSTITUTE
HIGHWAY DISTRICTS DESIGNATED BY NUMBERS
CORRESPONDING TO THE NUMBERS OF THE RESPECTIVE
CONGRESSIONAL DISTRICT; TO PROVIDE THAT THE
GOVERNOR SHALL APPOINT ONE HIGHWAY COMMISSIONER
FROM EACH HIGHWAY DISTRICT AND ONE AT-LARGE
COMMISSIONER WHO SHALL ALL SERVE FOR A TERM OF
FOUR YEARS; TO PROVIDE THAT NO HIGHWAY DISTRICT
MAY HAVE A HIGHWAY COMMISSIONER FOR MORE THAN
ONE TERM; TO PROVIDE FOR CONFIRMATION HEARINGS; TO
PROVIDE THAT THE GOVERNOR MAY REMOVE A
COMMISSIONER FOR CAUSE; TO PROVIDE FOR THE
COMPENSATION OF COMMISSIONERS; TO PROVIDE THAT A
COMMISSIONER SHALL SERVE UNTIL THEIR SUCCESSORS
ARE APPOINTED AND QUALIFIED; AND TO PROVIDE THAT
COMMISSIONERS SERVING ON THE EFFECTIVE DATE OF THIS
ACT SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF
THEIR TERM OF OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 3, Title 57 of the 1976 Code is amended
to read:
"Article 3
Section 57-3-210. The several judicial circuits of the 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. For each of such highway
districts there shall be chosen in the manner and for the terms of office
herein provided a highway commissioner to be known as a district
highway commissioner. Two commissioners, upon the advice and
consent of the Senate, shall be appointed by the Governor from the State
at large, whose terms shall be coterminous with that of the Governor
appointing. The several commissioners so chosen shall constitute as a
body the State Highway and Public Transportation Commission.
The congressional districts of this State are constituted and created
highway districts of the State, designated by numbers corresponding to
the numbers of the respective congressional districts. The Governor
shall appoint one commissioner for each highway district and one
commissioner from the State at large. All commissioners must be
appointed in the manner and for the terms of office as provided for in
this article. The commissioners so chosen constitute the Commission of
the Department of Transportation.
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 highway
commissioners shall be chosen as provided herein for a term of office of
four years, which shall expire 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. When the election is completed, the
chairman and secretary of the joint county legislative delegations of each
highway district shall immediately transmit the name of the person
elected to the Secretary of State, who shall forthwith issue to such
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 person, and pending
such issuance the aforementioned certificate of election shall be a
sufficient warrant to such 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 elected and
qualified. (A) Any county that is divided among two or more
congressional districts, for purposes of appointment of a district highway
commissioner, is deemed to be considered in the district which contains
the largest number of residents from that county.
(B) No county within a highway district shall have a resident
commissioner for more than one consecutive term and in no event shall
any two persons from the same county serve as a commissioner
simultaneously except as provided hereinafter. No person may be
eligible to serve as a commissioner if such person has previously served
as a highway commissioner.
(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 or her office.
Section 57-3-230. Any vacancy as district highway
commissioner occurring by death, resignation or removal shall be filled
by election in the manner provided in Section 57-3-220 for the
unexpired term only. Any vacancy as district highway commissioner
occurring or approaching on account of the expiration of the term of
office may be filled by election as provided in this section at any time
within sixty days prior to the expiration of such term of office or
afterwards. (A) All commissioners must be appointed for a
term of office of four years or until their successors are appointed and
confirmed by the Senate. No person is eligible to serve as a district
highway commissioner who is not a resident of that district at the time
of his appointment, except that the at large commissioner may be
appointed from any county in the state. Failure by a district
commissioner to maintain residency in the district for which he is
appointed shall result in the forfeiture of his office. The term of office
for commissioners shall begin April first of the appropriate year. The at
large commissioner, 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) commissioners appointed to represent odd numbered
congressional districts two years; and
(2) commissioners appointed to represent even numbered
congressional districts four years.
(C) The at-large commissioner shall serve an initial term of three
years.
Section 57-3-240. Representation of a given 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 at least 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. (A) The Governor by January
fifteenth of the year in which a commission member's term of office
expires shall forward to the Senate for advice and consent the name of
his appointee to fill that office.
(B) The Senate may not confirm a gubernatorial appointee to the
office of commissioner until the Senate Transportation Committee holds
a hearing in accordance with procedures established in the Senate rules.
(C) The Senate Transportation Committee must
begin holding hearings in accordance with item (B) no later than thirty
days after receiving notice of an appointment from the Governor.
(D) If the Senate fails to act or confirm an appointee within sixty
days of receiving notice of the appointment, the appointment shall be
rejected and the Governor shall offer another appointee to fill the office
of commissioner.
Section 57-3-250. Each district highway commissioner shall
receive such compensation as may be provided by the General Assembly
per annum, and official expenses as provided by law for members of
state boards and commissions. Should a vacancy on the
commission occur when the General Assembly is not in session, it shall
be filled in the same manner of the original appointment for the
unexpired term, subject to confirmation by the Senate at the next session
of the General Assembly as required in Section 57-3-240. If the Senate
does not consent to such appointment within sixty days of the General
Assembly convening for an annual session, the office shall be vacant
irrespective of the provisions provided herein for holdover status until
a successor is appointed and qualified.
Section 57-3-260. The State Highway and Public Transportation
Commission shall select its chairman and other officers to serve for such
terms as the Commission may designate. The Commission shall adopt
its own rules and procedures. The Secretary-Treasurer of the South
Carolina Department of Highways and Public Transportation shall act
as secretary of the Commission. Any or all members of the
commission may, with the advice and consent of the Senate, be removed
by the Governor for cause shown. And if cause for such removal shall
arise when the Senate is not in session, the Governor may suspend one
or more of the commissioners and shall fill the vacancies thus created
until the General Assembly shall next convene. Upon convening the
Senate must act on the suspension within thirty days or the office must
be declared vacant.
Section 57-3-270. (A) The Commission
department may adopt an official seal for use on official
documents of the Department department.
(B) The commission shall adopt its own rules and procedures
and may select such additional officers to serve such terms as the
commission may designate.
(C) Commissioners must be reimbursed for official expenses as
provided by law for members of state boards and commissions as
established in the annual general appropriation act.
Section 57-3-280. Each commissioner, within thirty days after his
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. Any member of the South Carolina Department of
Highways and Public Transportation Commission whose term does not
expire before the effective date of this act shall continue to serve until
the expiration of their term of office.
SECTION 3. This act takes effect upon approval by the Governor.
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