H 3933

South Carolina General Assembly
126th Session, 2025-2026
Bill 3933
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
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
________
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.
_______
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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