Indicates Matter Stricken

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Committee Report

March 13, 2025

 

H. 3933

 

Introduced by Reps. Mitchell and B. Newton

 

S. Printed 3/13/25--S.

Read the first time February 13, 2025

 

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The committee on Senate Labor, Commerce and Industry

To whom was referred a Bill (H. 3933) to amend the South Carolina Code of Laws by amending Section 33-36-1330, relating to appointment or election of board members, so as to establish a seven-member, etc., respectfully

Report:

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

 

THOMAS DAVIS for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 33-36-1330, RELATING TO APPOINTMENT OR ELECTION OF BOARD MEMBERS, SO AS TO establish a seven-member board and to CHANGE THE APPOINTMENT PROCEDURE.

 

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

 

SECTION 1.  Section 33-36-1330(B) of the S.C. Code is amended to read:

 

    (B) For a corporation converted to a public service district pursuant to Section 33-36-1315, the existing directors, who shall constitute the initial governing board of the district, and officers shall serve until the expiration of their current terms. Thereafter, the public service district must be governed by a board comprising the same number of members as the predecessor corporation had as directors; provided that the governing board shall comprise no fewer than five members and no more than nine members. The governing board, by resolution, may decrease the number of members to not less than five and may increase the number of members to not more than ninecomprised of seven members. The successor members must be recommended by the board and appointed by the respective county legislative delegations in accordance with the following procedures. Each county legislative delegation shall have the right to appoint a number of members who bear the same relationship to the total number of members as the number of customers of the district within the county bears to the total number of customers of the district. The number of customers within each county, and the total number of customers, must be determined by reference to the billing and customer records of the public service district. Not less than forty-five days before the expiration of the term of any member, the governing board shall submit to the county legislative delegation with the right to appoint the successor member the name of a person recommended for appointment or reappointment to the board. A letter of recommendation by the board stating why the name is recommended shall accompany the submission. The county legislative delegation shall consider the recommendation of the board, but is not limited to that person in making its appointment. Each member must be appointed for a term of four years and until his successor is appointed and qualifies, provided that the terms of the members must be staggered by a county legislative delegation in making its appointments such that approximately one-half of the total members appointed by that county legislative delegation must be appointed or reappointed every two years. No member may be appointed for more than two consecutive terms. A vacancy must be filled for the remainder of the unexpired term in the manner of original appointment.:

       (1) the total number of customers of the public service district must be divided by the number of board seats, the result being an apportionate average;

       (2) the respective number of customers located in a county must be divided by the apportionate average to determine an appointive index;

       (3) the Governor, based upon the recommendation of the legislative delegation from the applicable county, must appoint a number of members to the board from each county to equal to the whole number indicated by its appointive index. If, by this method, there are insufficient members appointed to complete the board, an appointive index closest to the next highest whole number must be authorized to have an additional member appointed from the county; and

       (4) each member must be appointed for a term of four years and until his successor is appointed and qualified; provided, that the terms of the members must be staggered such that approximately one-half of the total members appointed by the Governor must be appointed or reappointed every two years. A vacancy must be filled for the remainder of the unexpired term in the manner of the original appointment.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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