Current Status Introducing Body:Senate Bill Number:342 Primary Sponsor:Richter Committee Number:15 Type of Legislation:GB Subject:State Highway Commission Residing Body:Senate Current Committee:Transportation Introduced Date:19930128 Last History Body:Senate Last History Date:19930128 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Richter Mescher Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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342 Senate 19930128 Introduced, read first time, 15
referred to Committee
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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:
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.