Could a South Carolina transportation commissioner serve a second term immediately after the first?

Plain-English summary

A senator asked whether a district transportation commissioner was barred from serving more than one term unless another commissioner served in between. The Assistant Deputy AG reaffirmed the office’s earlier reading of Section 57-1-320(B): one county could have the seat for one term, then representation had to rotate to another county for at least one term.

On that reading, the same commissioner could not succeed himself or herself immediately. The person could serve again when the rotation returned to the original county, assuming the district delegation reelected that person. The opinion addressed the county-rotation requirement, not a permanent lifetime bar on service.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could the commissioner serve two terms in a row? A: The author said no. He read the statute to require a term of representation from another county in between.

Q: Could the same person ever return to the commission? A: Yes. The letter said the person could serve again when representation rotated back to the county, if reelected.

Q: Was the restriction on a person or on a county’s turn? A: The author explained the rule as county rotation: a county’s representation lasted one term before moving elsewhere.

Background and statutory framework

The letter repeated the office’s earlier interpretation of Section 57-1-320(B), including its reading of “no more than one consecutive term.” It treated the rule as requiring a break in the county’s representation before the same county, and possibly the same individual, could return.

Citations and references

Statute discussed: Section 57-1-320(B).

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-9-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/97may9wilson.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY C01':DON
ATTORNEY GENERAL

May 9, 1997

I
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The Honorable Joe Wilson
Senator. District No. 23
211 Gressette Building
Columbia, South Carolina 29202
Re: Informal Opinion
Dear Senator Wilson:
You have asked whether S.C. Code Ann. Section 57-1-320 (B) requires that a district commissioner of the South Carolina Department of Transportation is prohibited from serving more than one term unless another commissioner's term intervenes. This question has been answered by previous opinions. In an Informal Opinion, dated February 20, 1996, it was advised that the language contained in Section 57-1-320 (B) ("no more than one consecutive term") should be read one term only. Therein, it was stated that I am of the op1mon that the language in Section 57-1-320(8) relative to not serving more than one consecutive term means serving one term. By way of comparison, a municipal ordinance examined in Great South Fair v. City of Petal, 548 So.2d 1289 (Miss. 1989), provided that a carnival or fair with the specified number of mechanical rides could operate "not more than one (I) consecutive day" in the city. The ordinance challenged therein was interpreted to mean that the carnival or fair could operate for only one day. Applying that reasoning to the instant case, I would interpret the language of Section 57-1-320(B) to mean that a county may have representation for one term and one term only, but that representation may return to that county after representation RnrnFRT l

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Senator Wilson
Page 2
May 9, 1997
has rotated to another county for at least one term. Because representation is to rotate from county to county, the commissioner may not succeed oneself but may serve again at a later date, when the rotation returns to his or her county (assuming the delegations were to re-elect the individual). [emphasis added]. This Opinion that a representative may serve only one term unless another commissioner's term intervenes, remains the Opinion of this Office. This letter is an informal opinion only. It has been written by a designated Assistant Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kind regards, I am Very truly yours,

~
Robert D. Cook
Assistant Deputy Attorney General
RDC/ph