Current Status Introducing Body:
HouseBill Number: 3460Primary Sponsor: RudnickCommittee Number: 25Type of Legislation: GBSubject: Public Service CommissionResiding Body: HouseCurrent Committee: JudiciaryComputer Document Number: 3460Introduced Date: Feb 07, 1991Last History Body: HouseLast History Date: Feb 07, 1991Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: RudnickType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3460 House Feb 07, 1991 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTIONS 58-3-20, 58-3-30, AND 58-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR THE POPULAR ELECTION OF ONE COMMISSIONER FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND ONE COMMISSIONER FROM THE STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, 58-3-24, AND 58-3-25 RELATING TO THE MERIT SELECTION PANEL AND OTHER SIMILAR MATTERS PERTAINING TO THE ELECTION OF PERSONS TO THE PUBLIC SERVICE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-3-20 of the 1976 Code is amended to read:
"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the South Carolina Public Service Merit Selection Panel in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
Each of the seven districts that were defined as congressional districts on January 1, 1930, is hereby established and declared to be a Public Service Commission district until July 1, 1982, and a Public Service Commissioner shall be elected from each of such districts; provided, however, that on July 1, 1982, the Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the Public Service Merit Selection Panel from the then existing congressional districts. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission. The General Assembly in its 1982 session shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
To effect an orderly transition to the nomination of members of the commission by the merit selection panel and reconstitute the commission in accordance with this section, the following transition procedures shall apply to this section:
(1) Members of the commission whose terms expire June 30, 1979, shall continue to serve as commissioners until their successors are elected and qualify in 1980 pursuant to the provisions of this chapter for terms extending until the General Assembly provides for election based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
(2) Members of the commission whose terms expire June 30, 1982, shall continue to serve until the expiration of their terms on that date.
(3) The initial selection of nominees by the merit selection panel and their subsequent consideration by the General Assembly under this chapter shall take place during the 1980 session of the General Assembly.
(4) Notwithstanding any other provision of this section, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms.
Each of the six congressional districts is established to be a public service commission district, and one commissioner must be elected in the general election from each district beginning in 1992. One member must be elected from the State at large who shall serve as chairman. All members must be elected for terms of four years and until their successors are elected and qualify. However, the members first elected from districts one, three, and five must be elected for initial terms of two years. Members must be qualified electors of the district from which they are elected and must be elected by the qualified electors of that district. Members shall take office on the first day of January following their election."
SECTION 2. Section 58-3-30 of the 1976 Code is amended to read:
"Section 58-3-30. The commissioners shall take the oath of office provided by the Constitution and the oaths prescribed by law for state officers. The Governor may shall fill vacancies in the office of commissioner until the successor in such office for a full term or an unexpired term, as the case may be, shall have been elected by the General Assembly by appointment for the unexpired term."
SECTION 3. Section 58-3-40 of the 1976 Code is amended to read:
"Section 58-3-40. The commission shall elect one of their number chairman for a period of two years. The commission shall must be furnished with an office and necessary furniture and stationery and may employ a secretary or clerk."
SECTION 4. The terms of all members of the Public Service Commission serving in office on the effective date of this act shall continue until January 1, 1993, at which time they must be succeeded by the seven members elected in the general election of 1992.
SECTION 5. Sections 58-3-21, 58-3-22, 58-3-23, 58-3-24, and 58-3-25 of the 1976 Code are repealed.
SECTION 6. This act takes effect upon approval by the Governor.