S 715 Session 110 (1993-1994)
S 0715 General Bill, By Holland, Courtney, Jackson and Moore
A Bill to amend Section 2-19-30, Code of Laws of South Carolina, 1976, so as
to require a joint legislative screening committee to rate candidates as not
qualified, qualified, or highly qualified; to amend Section 58-3-23, so as to
further provide for the Public Service Commission Merit Selection Panel's
determination of the qualifications of candidates for the Public Service
Commission ; and to amend Section 58-3-25 so as to provide for the preparation
of a screening application form.
04/20/93 Senate Introduced, read first time, placed on calendar
without reference SJ-23
04/21/93 Senate Read second time SJ-14
04/21/93 Senate Unanimous consent for third reading on next
legislative day SJ-14
04/22/93 Senate Read third time and sent to House SJ-14
04/27/93 House Introduced and read first time HJ-16
04/27/93 House Referred to Committee on Judiciary HJ-16
INTRODUCED
April 20, 1993
S. 715
Introduced by SENATORS Holland, Moore, Courtney and Jackson
S. Printed 4/20/93--S.
Read the first time April 20, 1993.
A BILL
TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, SO AS TO REQUIRE A JOINT LEGISLATIVE
SCREENING COMMITTEE TO RATE CANDIDATES AS NOT
QUALIFIED, QUALIFIED, OR HIGHLY QUALIFIED; TO AMEND
SECTION 58-3-23, SO AS TO FURTHER PROVIDE FOR THE
PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL'S
DETERMINATION OF THE QUALIFICATIONS OF CANDIDATES
FOR THE PUBLIC SERVICE COMMISSION ; AND TO AMEND
SECTION 58-3-25 SO AS TO PROVIDE FOR THE PREPARATION
OF A SCREENING APPLICATION FORM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-19-30 of the 1976 Code is amended to read:
"Section 2-19-30. Upon completion of the investigation, the
chairman of the joint committee shall schedule a public hearing
concerning the qualifications of the candidates. Such hearings shall be
conducted no later than two weeks prior to the date set in the election
resolution for such election. Any person who desires to testify at the
hearing, including candidates, shall furnish a written statement of his
proposed testimony to the chairman of the joint committee. Such
statements shall be furnished no later than forty-eight hours prior to the
date and time set for the hearing. The joint committee shall determine
the persons who shall testify at the hearing. All testimony, including
documents furnished to the joint 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. During the course of the investigation, the joint
committee may schedule an executive session at which each candidate,
and other persons whom the committee wishes to interview, may be
interviewed by the joint committee on matters pertinent to the
candidate's qualification for the office to be filled. A reasonable time
thereafter the committee shall render its tentative findings as to whether
the candidate is not qualified, qualified, or highly qualified for the office
to be filled and its reasons therefor as to each candidate.
As soon as possible after the completion of the hearing, a verbatim
copy of the testimony, documents submitted at the hearing, and findings
of fact shall be transcribed and published in the journals of both houses
prior to the date of the scheduled election, and a copy thereof shall be
furnished to each candidate.
A candidate may withdraw at any stage of the proceedings and in such
event no further inquiry, report on, or consideration of his candidacy
shall be made."
SECTION 2. Section 58-3-23 of the 1976 Code is amended to read:
"Section 58-3-23. (A) The Merit Selection Panel shall
nominate candidates for election to the South Carolina Public Service
Commission in the manner provided in this section. When a vacancy
occurs on the Public Service Commission by reason of expiration of a
term or otherwise, or when the number of members of the Public Service
Commission is to be increased or decreased, the Merit Selection Panel
shall submit to the General Assembly while in regular or special session
the names of two persons qualified, legally and otherwise, as candidates
to fill the vacancy. In selecting persons for nomination to the Public
Service Commission , the Merit Selection Panel must select the most
qualified persons for each vacancy. However, the panel, by a vote of
seventy-five percent of its total membership, may submit only one name,
three names or four names for a vacancy. Each name submitted must
receive eight votes from the panel before submission to the General
Assembly. Nominations by the Merit Panel must be submitted to the
General Assembly not less than ninety days before the expiration of the
term of a member of the commission elected under the provisions of this
chapter except where the Joint Legislative Screening Committee grants
additional time to the panel to consider or reconsider such nominations.
Nominations to the commission must be made public and submitted to
the Joint Legislative Screening Committee for its acceptance or
rejection. If the General Assembly is not in regular or special session
when such vacancy occurs, the Merit Selection Panel shall submit the
names in the same manner as provided in this section to the General
Assembly at the beginning of its next regular or special session. The
General Assembly shall elect one of the candidates to fill the vacancy on
the Public Service Commission . However, nothing prevents the General
Assembly or the Joint Legislative Screening Committee from rejecting
any or all of the candidates nominated. If the persons first nominated are
rejected, the Merit Selection Panel shall submit in the same manner as
provided in this section the names of other persons qualified as
candidates. Further nominations shall continue to be made until the
vacancy is filled. Nothing may be considered to exclude incumbent
members of the commission from being eligible for re-election to the
commission and the Merit Selection Panel when submitting the names
of persons qualified as candidates for election to the commission may
include names of incumbent members.
(B) Persons nominated as provided herein to fill vacancies on the
Public Service Commission shall be screened and reviewed by the Joint
Legislative Screening Committee pursuant to Chapter 19 of Title 2 of
the 1976 Code to determine if they are legally and otherwise qualified
for service on the Public Service Commission .
(C) No person shall be eligible for election to the commission unless
he is nominated by the Merit Selection Panel. The panel shall be an
independent agency and shall not, except as otherwise provided by this
article, confer with or consider suggestions or requests from the
Governor or any member of the General Assembly."
SECTION 3. Section 58-3-24 of the 1976 Code is amended to read:
"Section 58-3-24. No member of the South Carolina Public
Service Merit Selection Panel and no member of his immediate family
to include his spouse, children, brothers, sisters, parents, father-in-law,
mother-in-law, brothers-in-law, sisters-in-law, nieces, and nephews shall
be elected to the Public Service Commission while such person is
serving on the Merit Selection Panel nor shall such person or members
of his family as stipulated above be elected to the Public Service
Commission for a period of four years after such person ceases to be a
member of the Merit Selection Panel. No member of the General
Assembly shall be elected to the Public Service Commission while such
person is serving in the General Assembly nor shall such person be
elected to the Public Service Commission for a period of four years after
he ceases to be a member of the General Assembly."
SECTION 4. Section 58-3-25 of the 1976 Code is amended to read:
"Section 58-3-25. The Merit Selection Panel and the Joint
Legislative Screening Committee shall utilize such application form as
may be adopted by the Joint Legislative Screening Committee. In
selecting such persons for nomination to the Public Service Commission ,
the Merit Selection Panel shall seek to establish a commission which
shall be broadly representative of the people of the State, men and
women of ability and dedication with compassion and common sense.
In selecting persons for nomination to the Public Service Commission,
the merit selection panel shall consider the knowledge and experience
of the potential appointees in such varied fields as business, regulated
utilities, government, accounting, law, engineering, statistics, consumer
affairs, environmental affairs, and finance. In making its
recommendation the Merit Selection Panel shall seek to find the best
qualified people giving due consideration to their ability and
integrity."
SECTION 5. Section 2-19-70 of the 1976 Code is hereby repealed.
SECTION 6. This act takes effect upon approval by the Governor.
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