South Carolina General Assembly
116th Session, 2005-2006

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Bill 558

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 29, 2005

S. 558

Introduced by Senators Knotts, Cromer and Setzler

S. Printed 4/19/05--S.

Read the first time March 2, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 558) to amend the Code of Laws of South Carolina, 1976, by adding Section 6-13-35 so as to provide a method for revising the number of board appointments for districts, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/    SECTION    1.    Section 6-13-30 of the 1976 Code is amended to read:

"Section 6-13-30.    (A)    The district shall be operated and managed by a board of directors to be known as the '__________ Rural Community Water District Board of __________ County' which shall constitute the governing body of the district. The board shall consist of five resident electors of the area who shall be appointed by the Governor, upon the recommendation of a majority of the county legislative delegation. The original appointments shall be for a term of two years for two appointees, for a term of four years for two appointees, and for a term of six years for one appointee. All terms after the initial appointments shall be for six years. All appointees shall hold office until their successors shall have been appointed and qualified. Any vacancy shall be filled in like manner as the original appointment for the unexpired portion of the term.

Immediately after appointment, the board shall meet and organize by the election of one of its members as chairman, one as vice-chairman, one as secretary, and one as treasurer. The offices of the secretary and treasurer may be combined in the discretion of the board.

(B)    Notwithstanding the provisions of subsection (A), the board of a rural community water district created by this article may revise the size of the board to not less than five members nor more than ten members by the procedure set forth in this subsection. To revise the board membership, the board must hold a public hearing in the district and adopt a resolution to increase or reduce the board membership by a vote of not less than seventy-five percent of the existing board members. A resolution to increase the board must include the initial term of appointment for each seat added, not to exceed six years, and after that time the terms must be as provided for in subsection (A). A board member's seat that is eliminated because of a resolution reducing the size of the board must cease to exist upon the expiration of the term of the board member serving in the seat being eliminated."        /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 13, Title 6 of the 1976 Code is amended by adding:

"Section 6-13-35.    Notwithstanding the provisions of Section 6-13-30, a rural community water district created by this article, having existed for ten or more years and having more than one thousand residential services, may revise the size of the board to not less than five members nor more than ten members by the passage of a resolution of the existing board. The adoption of a resolution to revise the board pursuant to the provisions of this section requires a vote of not less than seventy-five percent of the existing members and requires a public hearing be held in the district before adoption. A resolution to increase the board must include the initial term of appointment for each seat added, not to exceed six years, and after that time the terms must be as provided for in Section 6-13-30. In a resolution reducing the size of the board, the seat must cease to exist at the expiration of the term of the appointee then serving. An appointment to fill a vacancy created by the adoption of a resolution to increase the board must be in accordance with the provisions of Section 6-13-30, and an appointee shall hold office until a replacement is appointed and qualified, except for a director whose seat is to be eliminated at the end of his term."

SECTION    2.    Act 379 of 2004 is repealed.

SECTION    3.    This act takes effect upon approval by the Governor.

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