South Carolina General Assembly
118th Session, 2009-2010

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A253, R317, H3814

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Allison, Cole, Forrester, Kelly and Parker
Document Path: l:\council\bills\swb\5848cm09.docx
Companion/Similar bill(s): 166

Introduced in the House on March 31, 2009
Introduced in the Senate on May 5, 2009
Last Amended on June 1, 2010
Passed by the General Assembly on June 3, 2010
Governor's Action: June 11, 2010, Signed

Summary: Highway beautification pilot project

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/31/2009  House   Introduced and read first time HJ-21
   3/31/2009  House   Referred to Committee on Education and Public Works HJ-21
   4/28/2009  House   Committee report: Favorable with amendment Education and 
                        Public Works HJ-4
   4/29/2009  House   Debate interrupted HJ-214
   4/30/2009  House   Amended
   4/30/2009  House   Read second time HJ-16
   4/30/2009  House   Unanimous consent for third reading on next legislative 
                        day HJ-17
    5/1/2009  House   Read third time and sent to Senate HJ-1
    5/5/2009  Senate  Introduced and read first time SJ-11
    5/5/2009  Senate  Referred to Committee on Transportation SJ-11
   5/14/2009  Senate  Recalled from Committee on Transportation SJ-44
   1/19/2010  Senate  Recommitted to Committee on Transportation SJ-12
   5/19/2010  Senate  Recalled from Committee on Transportation SJ-16
   5/26/2010  Senate  Amended SJ-80
   5/26/2010  Senate  Read second time SJ-80
    6/1/2010  Senate  Amended SJ-38
    6/1/2010  Senate  Read third time and returned to House with amendments 
                        SJ-38
    6/2/2010          Scrivener's error corrected
    6/3/2010  House   Concurred in Senate amendment and enrolled HJ-79
    6/3/2010  House   Roll call Yeas-73  Nays-18 HJ-79
    6/7/2010          Ratified R 317
   6/11/2010          Signed By Governor
    7/1/2010          Effective date 06/11/10
    7/8/2010          Act No. 253

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/31/2009
4/28/2009
4/30/2009
5/14/2009
5/19/2010
5/26/2010
6/1/2010
6/2/2010


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A253, R317, H3814)

AN ACT TO AMEND SECTION 57-1-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES ON THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE JOINT TRANSPORTATION REVIEW COMMITTEE SHALL SUBMIT TO THE CONGRESSIONAL DISTRICT DELEGATION FOR ELECTION ONLY THE NAMES AND QUALIFICATIONS OF PERSONS WHO IT CONSIDERS TO BE QUALIFIED, TO PROVIDE THAT THE DELEGATION SHALL NOT ELECT A PERSON WHO IS NOT NOMINATED BY THE REVIEW COMMITTEE, TO PROVIDE THAT THE DELEGATION MAY REJECT ALL PERSONS NOMINATED BY THE REVIEW COMMITTEE, TO PROVIDE THAT FURTHER NOMINATIONS MUST BE MADE UNTIL THE OFFICE IS FILLED IF THE DELEGATION REJECTS THE REVIEW COMMITTEE'S NOMINEES, TO PROVIDE THAT NO CANDIDATE MAY DIRECTLY OR INDIRECTLY SEEK THE PLEDGE OF A VOTE FROM A MEMBER OF THE CANDIDATE'S CONGRESSIONAL DELEGATION OR, DIRECTLY OR INDIRECTLY, CONTACT A STATEWIDE CONSTITUTIONAL OFFICER, A MEMBER OF THE GENERAL ASSEMBLY, OR THE JOINT TRANSPORTATION REVIEW COMMITTEE REGARDING SCREENING FOR THE COMMISSION UNTIL THE REVIEW COMMITTEE HAS FORMALLY RELEASED ITS REPORT AS TO THE QUALIFICATIONS OF ALL CANDIDATES IN A PARTICULAR CONGRESSIONAL DISTRICT, AND MAKE TECHNICAL CHANGES.

Be it enacted by the General Assembly of the State of South Carolina:

Joint Transportation Review Committee

SECTION    1.    Section 57-1-740(D)(2)(a) of the 1976 Code, as added by Act 114 of 2007, is amended to read:

"(a)(i)    Upon completion of the candidate investigations, the chairman of the review committee shall schedule a public hearing concerning the qualifications of the candidates. Any person who desires to testify at the hearing, including the candidates, must furnish a written statement of his proposed testimony to the chairman of the review committee. This statement shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The review committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the review committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing.

(ii)    During the course of the investigation, the review committee may schedule an executive session at which the candidates, and other persons who the review committee wishes to interview, may be interviewed on matters pertinent to the candidate's qualification for the office to be filled.

(iii)    The review committee shall render its tentative findings as to whether the candidates are qualified to serve on the commission as a district member and its reasons for making the findings within a reasonable time after the hearing. If only one person applies to fill a vacancy or if the review committee concludes there are fewer candidates qualified for a vacancy than those who initially filed, it shall submit to the congressional district delegation for election only the names and qualifications of those who are considered to be qualified. The nominations of the review committee for any candidate for the election to the commission are binding on the congressional district delegation, and it shall not elect a person not nominated by the review committee. Nothing shall prevent the congressional district delegation from rejecting all persons nominated. In this event, the review committee shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled."

Joint Transportation Review Committee

SECTION    2.    Section 57-1-740(D)(2)(c) of the 1976 Code, as added by Act 114 of 2007, is amended to read:

"(c)(i)    The review committee must transmit to the congressional district delegation the names of all qualified candidates.

(ii)    No member of the congressional district delegation may pledge his vote to elect a candidate until the review committee has released its written report concerning the qualifications of the candidate to the members of the appropriate congressional district delegation. The release of the written report of qualifications shall occur no earlier than forty-eight hours after the names of the qualified candidates have been initially released to members of the appropriate congressional district delegation.

(iii)    No candidate may directly or indirectly seek the pledge of a vote from a member of the candidate's congressional delegation or, directly or indirectly, contact a statewide constitutional officer, a member of the General Assembly, or the Joint Transportation Review Committee regarding screening for the commission until the review committee has released its written report as to the qualifications of all candidates in a particular congressional district. For purposes of this section, 'indirectly seek the pledge' means the candidate, or someone acting on behalf of and at the request of the candidate, requests another person to contact a member of the General Assembly, a statewide constitutional officer, or a member of the review committee on behalf of the candidate before the review committee's release of the written report of qualifications.

(iv)    The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications."

Time effective

SECTION    3.        This act takes effect upon approval of the Governor.

Ratified the 7th day of June, 2010.

Approved the 11th day of June, 2010.

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