(A) Notwithstanding any other provision of law, beginning February 15, 2005, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator only shall vote in the congressional district in which he resides. All commission members must serve for a term of office of four years that expires on February fifteenth of the appropriate year, unless appointed to serve for a second term. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner only may serve until their successors are elected and qualify, and provided that a commissioner only may serve in a hold-over capacity for a period not to exceed six months after the first term or second term if appointed. Any second term extension or vacancy occurring in the office of commissioner must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who 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 by the Senate, shall serve as chairman of the commission.
(B) The terms of the initial members of the commission appointed from congressional district are as follows:
(1) commission members appointed to represent congressional district one and two, two years;
(2) commission members appointed to represent congressional district three, four, and seven, three years;
(3) commission members appointed to represent congressional district five and six, four years.
(C) The at-large commissioner shall serve at the pleasure of the Governor.
HISTORY: 2005 Act No. 11, Section 1.B, eff upon approval (became law without the Governor's signature on January 13, 2005); 2012 Act No. 270, Section 11, eff June 18, 2012; 2012 Act No. 279, Section 6, eff June 26, 2012; 2020 Act No. 151 (S.1048), Section 2, eff September 28, 2020.
Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
2020 Act No. 151, Section 2, in (A), in the second sentence, substituted "only shall vote" for "shall only vote", in the third sentence, inserted ", unless appointed to serve for a second term", in the fourth sentence, substituted "only may serve" for "may only serve" in two places and inserted "after the first term or second term if appointed", and in the fifth sentence, inserted "second term extension or" following "Any".
CROSS REFERENCES
Executive director of aeronautics and other employees, see Section 55-5-50.
Structure South Carolina Code of Laws
Title 13 - Planning, Research and Development
Chapter 1 - General Provisions
Section 13-1-10. Department of Commerce established.
Section 13-1-20. Purposes of department.
Section 13-1-40. Advisory councils.
Section 13-1-50. Annual audit of department.
Section 13-1-60. Severability.
Section 13-1-310. Definitions.
Section 13-1-320. Objectives of division.
Section 13-1-330. Division made up of bureaus.
Section 13-1-340. Director of division; duties, powers and responsibilities.
Section 13-1-350. Director to assume duties of certain former boards, commissions, and councils.
Section 13-1-360. Confidentiality of information.
Section 13-1-370. Advisory committee of the Division of State Development.
Section 13-1-380. Recycling Market Development Advisory Council.
Section 13-1-610. Definitions.
Section 13-1-620. Rights and powers of director.
Section 13-1-630. Area of director's powers.
Section 13-1-640. Issuance of revenue bonds to fund projects.
Section 13-1-660. Specifics of revenue bonds and their issuance.
Section 13-1-670. Principal and interest on bonds exempt from taxation.
Section 13-1-690. Signature on bonds.
Section 13-1-700. Manner of sale of bonds.
Section 13-1-710. Report to State Treasurer following issuance of bonds.
Section 13-1-720. Enforceability of orders, covenants, and agreements related to bonds.
Section 13-1-730. Bonds to constitute limited obligations of division; payment on bonds.
Section 13-1-740. Investment of funds.
Section 13-1-750. Carryover of funds to subsequent fiscal years.
Section 13-1-780. Promulgation of regulations.
Section 13-1-790. Establishment of corporations by director.
Section 13-1-800. Payment in lieu of property taxes on property of division.
Section 13-1-810. Division's status as "agency".
Section 13-1-1000. Definitions.
Section 13-1-1010. Commission created; purpose; purchase and sale of aeronautics assets.
Section 13-1-1020. Commission districts; election and appointment of members.
Section 13-1-1060. Oath of office.
Section 13-1-1080. Appointment of executive director.
Section 13-1-1090. Qualifications for commission chairman and members.
Section 13-1-1110. Organization and objectives of division.
Section 13-1-1310. Division of Public Railways created.
Section 13-1-1320. Definitions.
Section 13-1-1330. Powers and duties of director of division.
Section 13-1-1340. Transfer of certain common carrier switching operations to division.
Section 13-1-1350. Power of director to extend division's operations.
Section 13-1-1355. Transfer of certain railroad equipment.
Section 13-1-1360. Bonds of division to be limited obligations.
Section 13-1-1370. Bonds to be secured by pledge of division revenues.
Section 13-1-1380. Contract terms for construction and equipment.
Section 13-1-1400. Power of director over disbursement of bond proceeds.
Section 13-1-1410. Books of additional acquisitions to be kept separately.
Section 13-1-1420. Application of proceeds from sale of bonds.
Section 13-1-1430. Refunding of bonds.
Section 13-1-1440. Bonds to be lawful investments.
Section 13-1-1450. Bonds, revenue, and property of division to be tax exempt.
Section 13-1-1470. Director not subject to other limitations.
Section 13-1-1710. Coordinating Council for Economic Development.
Section 13-1-1720. Purpose and duties of council.
Section 13-1-1740. Recommendations by council; review of agency requests for appropriations.
Section 13-1-1750. Funding; technical advisory committees; data sources.
Section 13-1-1760. Council not to infringe on autonomy of other agencies.
Section 13-1-1780. Agricultural businesses considered for economic development awards.
Section 13-1-1810. Transfer of powers relating to regional education centers.
Section 13-1-1820. Department to provide oversight to regional education centers.
Section 13-1-2030. Coordinating Council for Workforce Development created; membership; duties.