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Sponsors: Senators Richardson and Ryberg
Document Path: l:\s-jud\bills\richardson\jud0073.shr.doc
Introduced in the Senate on April 16, 2003
Currently residing in the Senate Committee on Transportation
Summary: DOT Commission, County resident members and commissioners, provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/16/2003 Senate Introduced and read first time SJ-26 4/16/2003 Senate Referred to Committee on Transportation SJ-26 4/24/2003 Senate Committee report: Favorable Transportation SJ-38 4/25/2003 Scrivener's error corrected 5/18/2004 Senate Recommitted to Committee on Transportation SJ-34
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
April 24, 2003
S. Printed 4/24/03--S. [SEC 4/25/03 2:36 PM]
Read the first time April 16, 2003.
To whom was referred a Bill (S. 616) to amend Section 57-1-320, Code of Laws of South Carolina, 1976, relating to county resident members on the Commission of the Department of Transportation, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
GREG RYBERG for Committee.
TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY RESIDENT MEMBERS ON THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CLARIFY THAT A COUNTY SHALL ONLY BE REPRESENTED ON THE COMMISSION FOR ONE TERM OF SIX YEARS UNLESS AT LEAST SIX YEARS LAPSE FROM THE EXPIRATION OF THE FORMER MEMBER'S TERM; TO AMEND SECTION 57-1-330, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT A COMMISSIONER SHALL NOT SERVE MORE THAN ONE TERM OF SIX YEARS, TO PROVIDE FOR STAGGERED TERMS OF COMMISSION MEMBERS APPOINTED PURSUANT TO THIS ACT, AND TO PROVIDE THAT A COMMISSIONER SERVING ON THIS ACT'S EFFECTIVE DATE MAY COMPLETE THE TERM FOR WHICH HE WAS ELECTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 57-1-320 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 57-1-320. (A) For purposes of electing a commission member,
A a county that is divided among two or more Department of Transportation districts , for purposes of electing a commission member, is deemed considered to be considered in the district which contains the largest number of residents from that county.
No A county within a Department of Transportation district shall not have a resident commission member for more than one consecutive term; however, a resident commission member may be elected from a county previously represented if at least six years have elapsed since the expiration of the former member's term. and In no event shall any two Two persons from the same county shall not serve as a commission member members simultaneously except as provided hereinafter in Section 57-1-330."
SECTION 2. Section 57-1-330 of the 1976 Code, as amended by Act 120 of 1995, is further amended to read:
"Section 57-1-330. (A)
Beginning February 15, 1994, commissioners Commissioners must be elected by the legislative delegation of each congressional district . For the purposes of electing a commission member, and a legislator shall vote only in the congressional district in which he resides. All commission members must shall serve a term of office of four six years, which expires on February fifteenth of the appropriate year, and a member shall only serve one term. Time served by filling an unexpired term shall not be counted in computing the length of a member's service.
Commissioners shall continue to serve until their successors are elected and qualify
, provided that; however, a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any A vacancy occurring in the office of commissioner shall must be filled by election in the manner provided in this article for the unexpired term only.
No A person is not eligible to serve as a commission member who if the person is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation, shall serve as chairman of the commission.
(B) Beginning February 16, 2004,
The the terms of the initial members of the commission appointed from congressional districts are as follows:
(1) commission members appointed to represent odd-numbered congressional districts -
two four years; and
(2) commission members appointed to represent even-numbered congressional districts -
four six years.
(C) The at-large commissioner, upon confirmation, shall serve: (1) as chairman of the commission, and
shall serve (2) at the pleasure of the Governor."
SECTION 3. Except as provided in Section 57-1-330(A), members in office on the effective date of this act shall continue to serve until the expiration of the term for which they were elected. Members who have served a total of six years or more upon completion of such term are not eligible for reelection.
SECTION 4. This act takes effect upon approval by the Governor and applies to members on the Commission of the Department of Transportation with terms beginning on or after February 16, 2004.
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