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H. 4480
STATUS INFORMATION
General Bill
Sponsors: Rep. Ryan
Document Path: l:\council\bills\bbm\10424htc12.docx
Introduced in the House on January 10, 2012
Currently residing in the House Committee on Judiciary
Summary: Aeronautics Commission
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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11/29/2011 House Prefiled
11/29/2011 House Referred to Committee on Judiciary
1/10/2012 House Introduced and read first time (House Journal-page 55)
1/10/2012 House Referred to Committee on Judiciary
(House Journal-page 55)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 13-1-1040, 46-5-10, AS AMENDED, AND 57-1-325, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION OF MEMBERS OF THE AERONAUTICS COMMISSION, THE ESTABLISHMENT AND ELECTION OF MEMBERS OF THE AGRICULTURE COMMISSION OF SOUTH CAROLINA, AND ELECTION OF MEMBERS OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION BY MEMBERS OF LEGISLATIVE DELEGATIONS REPRESENTING CONGRESSIONAL DISTRICTS AND JUDICIAL CIRCUITS IN THE CASE OF THE AGRICULTURE COMMISSION, SO AS TO PROVIDE THAT A QUORUM FOR THE DELEGATION MEETINGS AT WHICH THESE COMMISSIONERS ARE ELECTED CONSISTS OF A MAJORITY OF THE MEMBERS OF THE DELEGATION PRESENT RATHER THAN PRESENT BY PROXY, TO PROVIDE THAT PUBLIC NOTICE OF THE DATE, TIME, AND PLACE OF THE DELEGATION MEETING FOR THE PURPOSE OF ELECTING THESE COMMISSIONERS MUST BE POSTED AT THE MEETING PLACE AND ON THE GENERAL ASSEMBLY WEBSITE NO LATER THAN TWENTY-FOUR HOURS BEFORE THE MEETING, TO PROVIDE THAT THESE MEETINGS MUST BE OPEN TO THE PUBLIC, AND TO REQUIRE AN AFFIDAVIT FROM A CANDIDATE FOR ELECTION TO THE AERONAUTICS COMMISSION AND THE AGRICULTURE COMMISSION THAT THE CANDIDATE MEETS THE RESIDENCY REQUIREMENTS FOR SERVICE ON THESE COMMISSIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 13-1-1040 of the 1976 Code, as added by Act 11 of 2005, is amended to read:
"Section 13-1-1040. Notwithstanding any other provision of law, legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. The date, time, and place of the delegation meeting must be posted at the meeting place and on the General Assembly website no later than twenty-four hours before the meeting and all such meetings must be open to the public. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. A quorum being present, proxy voting is allowed in the election. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt rules they consider proper to govern the election. Any absentee may vote by written proxy. For purposes of determining residency qualifications of a candidate for election to the commission, no vote may be counted for a person who has not furnished to the delegation chairman, before the meeting date, an affividavit provided by the candidate under penalty of perjury that the candidate meets the residency requirements of this article for service on the commission. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person after he has taken the usual oath of office, a certificate of election as commissioner. The Governor then shall issue a commission to the person, and pending the issuance of the commission, the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified."
SECTION 2. The second undesignated paragraph of Section 46-5-10 of the 1976 Code, is amended to read:
"The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such the call for the purpose of electing a member of the commission to represent such the circuit. The date, time, and place of the delegation meeting must be posted at the meeting place and on the General Assembly website no later than twenty-four hours before the meeting and all such meetings must be open to the public. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute constitutes a quorum for the purpose of electing a member., but For purposes of determining residency qualifications of a candidate for election to the commission, no vote may be counted for a person who has not furnished to the delegation chairman, before the meeting date, an affividavit provided by the candidate under penalty of perjury that the candidate meets the residency requirements of this chapter for service on the commission. No person shall may be declared elected who shall fail fails to receive a majority vote of all the members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall must be organized by the election of a chairman and a secretary and such the joint legislative delegations shall, subject to the provisions herein, of this section, shall adopt such the rules as they deem consider proper to govern the election. Any A quorum being present, an absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each circuit shall immediately transmit the name of the person elected to the Secretary of State who shall forthwith issue to such the person, after he has taken the usual oath of office, a certificate of election as a member of the Agriculture Commission of South Carolina. The Governor then shall thereupon issue a commission to such the person, and pending such the issuance of the commission, the certificate of election shall be a is sufficient warrant to such the person to perform all of the duties and functions of his office."
SECTION 3. Section 57-1-325 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-325. Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. The date, time, and place of the delegation meeting must be posted at the meeting place and on the General Assembly website no later than twenty-four hours before the meeting and all such meetings must be open to the public. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such the rules as they consider proper to govern the election. Any A quorum being present, an absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall then issue a commission to the person, and pending the issuance of the commission, the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified."
SECTION 4. This act takes effect upon approval by the Governor.
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