Current Status Introducing Body:Senate Bill Number:78 Primary Sponsor:McConnell Committee Number:11 Type of Legislation:GB Subject:Public Service Commissioners, election of Residing Body:Senate Current Committee:Judiciary Computer Document Number:436/12711SD.93 Introduced Date:19930112 Last History Body:Senate Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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78 Senate 19930112 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTIONS 58-3-20 AND 58-3-30, 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 THE STATE AND FOR THE APPOINTMENT BY THE GOVERNOR OF ONE COMMISSIONER FROM THE STATE AT LARGE AND TO REVISE THE MANNER IN WHICH VACANCIES ON THE COMMISSION ARE FILLED; 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 with the general election of 1994. An additional member must be appointed by the Governor from the state at large. All members must be elected or appointed for terms of four years and until their successors are elected or appointed and qualify, except that the 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 take office on the first day of January following their election or appointment."
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 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. Notwithstanding the provisions of Section 58-3-20 of the 1976 Code, as amended by Section 1 of this act, the terms of all members of the Public Service Commission serving in office on the effective date of this act continue until January 1, 1995, at which time they must be succeeded by the six members elected in the general election of 1994 and the member appointed by the Governor. Also, notwithstanding the provisions of Section 58-3-20, the initial term of the members elected from districts one, three, and five is two years.
SECTION 4. Sections 58-3-21, 58-3-22, 58-3-23, 58-3-24, and 58-3-25 of the 1976 Code are repealed.
SECTION 5. This act takes effect upon approval by the Governor.