H 4085 General Bill, By Meacham and R.A. Barber
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 58-25-110 so as to provide the procedures for a city or county in South
 Carolina to join a regional transportation authority created by a contiguous
 state with the ability to plan, operate, and provide transportation services
 in South Carolina and to exempt such authorities from special purpose district
 notification to the Secretary of State; and to amend Section 58-25-20, as
 amended, relating to regional transportation authority law definitions, so as
 to add the definition of "joint transportation agency"; and to amend Section
 58-25-60, as amended, relating to source of funds for regional transportation
 authorities, so as to include in the funding sources a local sales tax,
 business license tax, and franchise fees, to require voters to approve a local
 vehicle registration fee, and to allow the use of property taxes if the tax is
 approved by each governing body funding the authority.

   04/14/93  House  Introduced and read first time HJ-61
   04/14/93  House  Referred to Committee on Judiciary HJ-61

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-25-110 SO AS TO PROVIDE THE PROCEDURES FOR A CITY OR COUNTY IN SOUTH CAROLINA TO JOIN A REGIONAL TRANSPORTATION AUTHORITY CREATED BY A CONTIGUOUS STATE WITH THE ABILITY TO PLAN, OPERATE, AND PROVIDE TRANSPORTATION SERVICES IN SOUTH CAROLINA AND TO EXEMPT SUCH AUTHORITIES FROM SPECIAL PURPOSE DISTRICT NOTIFICATION TO THE SECRETARY OF STATE; TO AMEND SECTION 58-25-20, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY LAW DEFINITIONS, SO AS TO ADD THE DEFINITION OF "JOINT TRANSPORTATION AGENCY"; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCE OF FUNDS FOR REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO INCLUDE IN THE FUNDING SOURCES A LOCAL SALES TAX, BUSINESS LICENSE TAX, AND FRANCHISE FEES, TO REQUIRE VOTERS TO APPROVE A LOCAL VEHICLE REGISTRATION FEE, AND TO ALLOW THE USE OF PROPERTY TAXES IF THE TAX IS APPROVED BY EACH GOVERNING BODY FUNDING THE AUTHORITY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 58-25-110. (A) In order for a city or county in South Carolina to join a regional transportation authority created by a contiguous state as a body corporate and politic in that state with the ability to plan or operate, or both, and provide transportation services in cities and counties in South Carolina as a joint transportation agency the following apply:

(1) A county joining the regional transportation authority created by a contiguous state must be contiguous to:

(a) the state creating the regional transportation authority and adjacent to the area of the authority created in the contiguous state; or

(b) a county in South Carolina that has joined the bi-state joint transportation agency.

(2) A city joining the regional transportation authority created by a contiguous state must be a part of a county:

(a) contiguous to the state creating the regional transportation authority and adjacent to the area of the authority created in the contiguous state; or

(b) that is contiguous to a county in South Carolina that has joined the bi-state joint transportation agency.

(3) The city or county shall develop an agreement in principle with the regional transportation authority created by a contiguous state as to the area to be served, the services to be provided, membership rights, voting rights, powers of the bi-state joint transportation agency, funding, and any other issues of concern to the city or county and the regional transportation authority created by a contiguous state."

SECTION 2. Section 58-25-20 of the 1976 Code is amended by adding:

"(18) `Joint transportation agency' means a regional transportation authority created by a contiguous state as a body corporate and politic in that state and joined by one or more units of local government in South Carolina to provide service in South Carolina pursuant to Section 58-25-110."

SECTION 3. Section 58-25-60 of the 1976 Code, as last amended by Act 449 of 1992, is further amended to read:

"Section 58-25-60. The intended mechanism for raising the necessary local funds to support the operation of the authority must be set forth in the agreement provided for in Section 58-25-30. The declaration of intended sources of local funds does not preclude the use of other local, state, or federal sources which shall subsequently become available except for state highway construction funds which may not be used. The agreement may be amended specifically to recognize new sources. Local funds may be generated from the following source existing sources of revenue, including, but not limited to, a local sales tax approved pursuant to Chapter 10, Title 4, business license tax, and franchise fees, notwithstanding other provisions of law. This source is These sources are not intended to be exclusive. A vehicle registration fee may be levied by the governing bodies of the member cities and counties on the motor vehicles registered within the service area of the authority. If this mechanism is used, the amount of the vehicle registration fee must be set forth in the agreement and must be approved by the qualified electors within the proposed service area if an election is required by Section 58-25-30. The authority shall request the members of the General Assembly representing its service area to approve increases in the registration fee. Unless these members of the General Assembly by majority vote approve the increase, no increases may be imposed. This registration fee must be added to the personal property tax notice collected as a part of the personal property tax and the fee rebated to the authority. Property tax revenue must not be used to support operation of the authority unless the authority has been approved by referendum pursuant to Section 58-25-30 or unless the use of the tax for this purpose is approved by each governing body of the cities or counties providing funding to the authority. In areas with Regional Transportation Authorities in existence on the effective date of this act, a vehicle registration fee increase for the purpose of financing a Regional Transportation Authority must be approved in referendum by a majority of the electorate in the area to which the vehicle registration fee increase would apply."

SECTION 4. This act takes effect upon approval by the Governor.