§ 13-1-1050 — Terms of commission members; vacancies; forfeiture of office; at-large commission member as chairman.

(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.

Legislative History

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".