Indicates Matter Stricken

Indicates New Matter

Recalled

May 2, 2023

H. 3905

Introduced by Reps.  Hixon and Clyburn

S. Printed 05/02/23--S.

Read the first time March 08, 2023

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-13-920, RELATING TO THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR FILLING A BOARD VACANCY FOR PHYSICAL OR MENTAL INCAPACITATION OR NONATTENDANCE; AND BY AMENDING SECTION 6-13-1010, RELATING TO PENALTIES FOR INJURING OR DESTROYING FACILITIES OF THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO INCREASE PENALTIES.

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

SECTION 1.  Section 6-13-920 of the S.C. Code is amended to read:

    Section 6-13-920.  The authority shall be composed of seven members, who shall be resident electors of either Edgefield or Aiken Counties; provided, however, that no more than two members may be resident electors of Aiken County. Those members of the authority who are resident electors of Edgefield County must be appointed by the Governor, upon the recommendation of a majority of the members of the Edgefield County Council with the approval of the Edgefield County Legislative Delegation. The Governor, upon the recommendation of the members of the Edgefield County Legislative Delegation, may appoint no more than two members of the authority who must be resident electors of Aiken County and who must reside within the service area of the authority in Aiken County. Of those originally appointed, two shall be appointed for terms of two years, two for terms of four years, and one for a term of six years. Upon the termination of the terms of the original members, their successor shall be appointed by the Governor, in the same manner as is provided for the original appointment, for terms of six years. Any vacancy occurring by reason of death, resignation, physical or mental incapacitation, nonattendance, or otherwise shall be filled for the remainder of the unexpired term by appointment of the Governor in the same manner as is provided for the original appointment. Physical or mental incapacitation and nonattendance must be determined by majority vote of board members and with the consent of the legislative delegation. All members of the authority shall hold office until their successors shall have been appointed and shall have qualified.

SECTION 2.  Section 6-13-1010 of the S.C. Code is amended to read:

    Section 6-13-1010. It shall be unlawful for any person to willfully wilfully injure or destroy, or in any manner hurt, damage, tamper with, or impair the facilities of the authority, or any part of such facilities, or any machinery, apparatus, or equipment of the authority, or to pollute the water in any part of its service area, or to obtain water therefrom except in accordance with the regulations promulgated by the authority.  Any person so offending shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than ten one hundred dollars nor more than one hundred one thousand dollars, or shall be imprisoned for not more than thirty days at the discretion of the court, and shall be further liable to pay all damages suffered by the authority.

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

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