Current Status Bill Number:4509 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960130 Primary Sponsor:Hodges All Sponsors:Hodges, Rogers, Cobb-Hunter, Keyserling and Cromer Drafted Document Number:gjk\22263sd.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Employment Security Commission Selection Panel
Body Date Action Description Com Leg Involved
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House 19960130 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT BEGINNING JULY 1, 1996, VACANCIES ON THE COMMISSION MUST BE FILLED BY ELECTION BY THE GENERAL ASSEMBLY UPON NOMINATION OF THE EMPLOYMENT SECURITY COMMISSION SELECTION PANEL HEREINAFTER ESTABLISHED AND TO PROVIDE THAT EACH SEAT ON THE COMMISSION SHALL BE SPECIFICALLY NUMBERED; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 41-29-11 THROUGH 41-29-17 SO AS TO ESTABLISH THE EMPLOYMENT SECURITY COMMISSION SELECTION PANEL TO MAKE NOMINATIONS TO THE GENERAL ASSEMBLY OF CANDIDATES FOR ELECTION TO THE COMMISSION, AND TO PROVIDE THE PROCEDURES FOR THE MAKING OF SUCH NOMINATIONS, INCLUDING PROVISIONS THAT A SITTING MEMBER OF THE GENERAL ASSEMBLY FIRST MUST RESIGN HIS OFFICE BEFORE HE MAY SUBMIT AN APPLICATION WITH THE PANEL FOR NOMINATION BY THE PANEL AS A CANDIDATE FOR ELECTION TO THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-29-10 of the 1976 Code is amended to read:
"Section 41-29-10. Chapters 27 through 41 of this title shall must be administered by the South Carolina Employment Security Commission. The commission shall consist of three members to be elected by the General Assembly upon nomination of the Employment Security Commission Selection Panel in the manner hereinafter provided in this chapter, in joint session, for terms of four years and until their successors have been elected and qualified, commencing on the first day of July in each presidential election year. Beginning July 1, 1996, each seat on the commission shall be numbered with the commissioner with the longest tenure on the commission at that time deemed to occupy Seat 1, the commissioner with the next longest tenure deemed to occupy Seat 2, and the commissioner with the shortest tenure deemed to occupy Seat 3. Any person submitting an application to the Selection Panel shall apply for a particular numbered seat, and the Selection Panel when submitting its nominations to the General Assembly shall make nominations for specifically numbered seats. Any vacancy occurring shall must be filled by appointment by the Governor for the temporary period until the next session of the General Assembly, whereupon the General Assembly shall elect a commissioner to fill the unexpired term. Each commissioner shall receive an annual salary payable in monthly installments."
SECTION 2. The 1976 Code is amended by adding:
"Section 41-29-11. There is created the South Carolina Employment Security Commission Selection Panel. The panel is composed of nine members who must be selected in the manner hereinafter provided. Three members must be elected by the House of Representatives, three members must be elected by the Senate, and three members must be appointed by the Governor. The members elected by the House and Senate must not be members of those bodies. The Governor and the General Assembly in selecting the persons to be elected or appointed to the panel shall consider their geographical residence, sex, and minority and economic status to assure that panel members are representative of all citizens of the State. The members of the panel shall serve for terms of four years each and until their successors are elected or appointed and qualify, except that of those members first elected or appointed, one member elected by the House, one member elected by the Senate, and two members appointed by the Governor shall serve for terms of two years each, and the House and Senate when first electing such members shall designate which terms the members they elect shall serve, and the Governor when first appointing such members shall designate which terms the members he appoints shall serve. Vacancies must be filled for the remainder of the unexpired term by appointment or election in the same manner as provided for the original appointment or election. Members of the panel must be paid the usual per diem, mileage, and subsistence as provided by law for members of state boards, commissions, and committees to be paid from the general fund of the State.
Section 41-29-12. The Employment Security Commission Selection Panel shall meet at least once annually and at such other times as may be designated by the chairman. The members of the panel shall elect a chairman, vice-chairman, and other officers it considers necessary, these officers to serve for terms of one year and until their successors are elected and qualify. The panel at its first meeting shall organize and adopt rules for the purpose of governing its proceedings. Five members of the panel shall constitute a quorum at all panel meetings. The panel may employ staff and clerical assistance as authorized by funds appropriated by the General Assembly, or may use existing staff as may be made available to it.
Section 41-29-13. (A) The Employment Security Commission Selection Panel shall nominate candidates for election to the Employment Security Commission in the manner hereinafter provided. Whenever a vacancy shall occur on the Employment Security Commission after July 1, 1996, by reason of expiration of a term or otherwise, the panel shall submit to the General Assembly while in regular or special session the names of not more than three persons qualified as candidates to fill such vacancy and in selecting persons for nomination to the commission the panel shall endeavor to select the most qualified persons for each vacancy. However, the panel, by unanimous vote, may submit only one name for any vacancy. Each name submitted must receive a majority vote from the panel before submission to the General Assembly not less than ninety days before the vacancy shall occur. Upon selecting persons for nomination to the commission, the names of such persons must be made public and submitted to the General Assembly for election or nonelection. If the General Assembly is not in regular or special session when the vacancy occurs, the panel shall submit the names in the same manner as provided in this chapter to the General Assembly at the beginning of its next regular or special session. Nothing herein prevents the Governor from filling such vacancy until the next session of the General Assembly, as permitted by Section 41-29-10. The General Assembly shall elect one of such candidates to fill the vacancy on the commission. However, nothing shall prevent the General Assembly from rejecting all candidates nominated. If the General Assembly does reject the persons first nominated, the panel shall submit in the same manner as provided in this chapter the names of other persons qualified as candidates. Further nominations shall continue to be made until the vacancy is filled. Nothing contained in this section may be considered to exclude incumbent members of the commission from being eligible for reelection to the commission, and the panel when submitting the names of persons qualified as candidates for election to the commission may include names of incumbent members in the manner provided in Section 41-29-16.
(B) Persons nominated as provided in this chapter to fill vacancies on the commission must not be screened and reviewed by the Joint Legislative Screening Committee pursuant to Chapter 19 of Title 2.
(C) A person is not eligible for election to the commission unless he is nominated by the panel.
Section 41-29-14. In selecting the persons for nomination to the Employment Security Commission, the panel shall seek to establish a commission which must be broadly representative of the people of the State, men and women of ability and dedication. In selecting persons for nomination to the commission, the panel shall consider the knowledge and experience of the potential nominees in such varied fields as business, government, accounting, law, labor and employment, statistics, and finance. In making its recommendations, the panel shall seek to find the best qualified people giving due consideration to their ability and integrity.
Section 41-29-15. No member of the panel and no member of his immediate family, including his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-laws, sisters-in-law, nieces and nephews, may be elected to the Employment Security Commission while the person is serving on the panel, nor shall such person or members of his family as stipulated above be elected to the commission for a period of four years after such person ceases to be a member of the panel.
Section 41-29-16. (A) If an incumbent commissioner does desire reelection, his name must be forwarded by the panel to the General Assembly if the panel finds him qualified to serve. If the panel does not find the incumbent commissioner qualified to serve, it shall notify the General Assembly and upon the expiration of his then current term of office, a vacancy in such office shall exist for which the panel shall submit nominations in the manner provided by this chapter together with its notification to the General Assembly of its finding that the incumbent commissioner is not qualified. If the panel does forward the name of an incumbent commissioner to the General Assembly, it also may submit other nominations up to two for that office, provided that the panel by unanimous vote may submit only the name of the incumbent commissioner to the General Assembly. If only the name of the incumbent commissioner is submitted by the panel, the General Assembly in joint session by recorded public vote shall determine whether or not the incumbent commissioner must be retained in office. If a majority of those voting vote to retain the incumbent commissioner in office, he is considered reelected for a new term. If a majority of those voting vote against retaining the incumbent commissioner in office, he is considered to not be reelected for a new term, and the panel shall expeditiously proceed in accordance with the provisions of this chapter to submit nominees to the General Assembly for the vacancy which is created by the expiration of the term of that commissioner.
(B) The panel may accompany its nominations to the General Assembly with those reports or recommendations as to the qualifications of particular candidates that it considers appropriate.
Section 41-29-17. (A) Before a sitting member of the General Assembly may submit an application with the panel for his nomination by the panel for election to the commission and before the panel may accept or consider such an application, the member of the General Assembly shall first resign his office.
(B) The privilege of the floor in either House of the General Assembly may not be granted to a former member during the time his application is pending before the panel and during the time his nomination by the panel for election to the commission is pending in the General Assembly.
(C) A person may not seek directly or indirectly the pledge of a member of the General Assembly's vote or contact a member of the General Assembly regarding election to the commission, other than through a letter of introduction, until the qualifications of all candidates for that office have been determined by the panel and the panel has furnished the names of its nominees for the vacancy to the General Assembly. A member of the General Assembly may not offer his pledge until the qualifications of all candidates for that office have been determined by the panel and the panel has furnished the names of its nominees to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are made by the panel. Violations of this section may be considered by the panel when it considers the applicant's qualifications."
SECTION 3. This act takes effect July 1, 1996.