Current Status Bill Number:79 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Rose, Wilson, Elliott Drafted Document Number:PFM\7003SD.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Public Service Commission, election of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTIONS 58-3-20, AS AMENDED, 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 58-3-24 AND 58-3-26 RELATING TO PERSONS INELIGIBLE TO SERVE ON THE COMMISSION AND THE SCREENING OF A CANDIDATE'S QUALIFICATIONS, RESPECTIVELY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-3-20 of the 1976 Code, as last amended by Act 493 of 1994, 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 in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
The General Assembly 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 1990. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission.
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 1996. 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, 1997, at which time they must be succeeded by the six members elected in the general election of 1996 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 58-3-24 and 58-3-26 of the 1976 Code are repealed.
SECTION 5. This act takes effect upon approval by the Governor.