S*0725(Rat #0731, Act #0625 of 1988)  General Bill, By T.W. Mitchell
 A Bill to amend Section 58-25-20, Code of Laws of South Carolina, 1976,
 relating to definitions in the Regional Transportation Authority Law, so as to
 define financial contribution; to amend Section 58-25-30, relating to
 dissolution of regional transportation authorities, so as to provide that
 proceeds from the disposal of resources must be distributed among the
 Authority's members proportionate to their financial contribution; and to
 amend Section 58-25-40, relating to the authority's board members and
 employees, so as to provide for the appointment of the three additional
 members of the board by the legislative delegations of the member counties and
 to provide methods of apportionment of the board members.-amended title

   04/28/87  Senate Introduced and read first time SJ-1526
   04/28/87  Senate Referred to Committee on Transportation SJ-1526
   05/05/87  Senate Committee report: Favorable with amendment
                     Transportation SJ-1670
   05/07/87  Senate Amended SJ-1765
   05/07/87  Senate Read second time SJ-1765
   05/07/87  Senate Unanimous consent for third reading on next
                     legislative day SJ-1766
   05/08/87  Senate Read third time and sent to House SJ-1776
   05/12/87  House  Introduced and read first time HJ-2619
   05/12/87  House  Referred to Committee on Education and Public
                     Works HJ-2619
   02/17/88  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-1221
   02/24/88  House  Amended HJ-1438
   02/24/88  House  Read second time HJ-1440
   02/25/88  House   Read third time HJ-1519
   02/25/88  House  Returned HJ-1519
   03/03/88  Senate Non-concurrence in House amendment SJ-55
   03/09/88  House  House insists upon amendment and conference
                     committee appointed Reps. Thrailkill, Williams &
                     Altman HJ-1831
   03/10/88  Senate Conference committee appointed Sens. Mitchell,
                     Tom Smith, Wilson SJ-8
   05/30/88  Senate Conference report received SJ-39
   05/30/88  Senate Conference report adopted SJ-40
   05/31/88  House  Conference report received HJ-4331
   05/31/88  House  Conference report adopted HJ-4332
   06/02/88         Ratified R 731
   06/07/88         Signed By Governor
   06/07/88         Effective date 06/07/88
   06/07/88         Act No. 625
   06/16/88         Copies available

AN ACT TO AMEND SECTION 58-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; TO AMEND SECTION 58-25-30, RELATING TO DISSOLUTION OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT PROCEEDS FROM THE DISPOSAL OF RESOURCES MUST BE DISTRIBUTED AMONG THE AUTHORITY'S MEMBERS PROPORTIONATE TO THEIR FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND TO PROVIDE METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.

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

Definition

SECTION 1. Section 58-25-20 of the 1976 Code is amended by adding appropriately in numerical sequence:

"( ) 'Financial contribution' means the sum of actual cash plus the actual value of any materials or in-kind services supplied."

Membership of authority

SECTION 2. Section 58-25-40 of the 1976 Code is amended to read:

"Section 58-25-40. The authority's board members, officers, and staff must be as follows:

(1) The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the cities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these local governing bodies and if so would serve in an ex officio capacity. The governing board of the authority must be made up of not more than two times the number of authority governmental members and up to three additional members appointed by the legislative delegation as provided in this section.

There must be at least five board members. The membership of the governing board must be apportioned among the member cities and counties proportionate to population within the authority's service area or the financial contribution to the authority by the member municipalities and counties. The method of appointment must be determined as follows: If the financial contribution of governmental members is consistent with the population base, the method is by population as provided in this section. If the financial contribution is not consistent with the population base, then the method is by a ratio of financial contributions.

As many as three additional members of the governing board of any transportation authority may be appointed by the legislative delegations of the member counties if approved by the qualified electors within the proposed service area in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the general fund or the highway fund, the delegation shall appoint three additional members. Unless the agreement approved by the qualified electors of a service area provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members including the resident Senator. No member government may have less than one member on the board. County population must be determined after subtracting the member city population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for a period of three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation except that in cases of extensive services rendered per diem may be paid by a two-thirds vote of the authority.

(2) No county or city may be a member in more than one authority except that a metropolitan government may be a member of more than one authority when the services provided by the authorities are different.

(3) Subsequent to the activation of the authority, contiguous counties or cities not participating initially may become members of the authority with the same benefits as the initial members after a majority vote of their electors voting on the question in the procedure set forth in Section 58-25-30 and with the approval by a majority vote of the board of the authority.

(4) The board of the authority shall elect one of its members as chairman, one as vice-chairman, and other officers as may be necessary, to serve for one year in that capacity or until their successors are elected and qualify. A majority of the board constitutes a quorum. A vacancy on the board does not impair the right of the authority to exercise all of its rights and perform all of its duties. Upon the effective date of his appointment, or as soon after appointment as practicable, each board member shall enter upon his duties.

(5) A board member of the authority may be removed from office by the governing body which appointed him for misconduct, malfeasance, or neglect of duty in office. Any vacancy so created must be filled as provided above.

(6) The authority may employ an executive director, who may serve as secretary or treasurer, to serve at the pleasure of the authority. The executive director may employ any employees as may be necessary for the proper administration of the duties and functions of the authority and may determine the qualifications of the persons. The authority shall adopt compensation plans for employees."

Dissolution

SECTION 3. Subsection (5) of Section 58-25-30 is amended to read:

"(5) Dissolution of the authority created pursuant to this chapter must be in the same manner as that for creation of the authority as set forth in this chapter. All resources of the authority including, but not limited to, real and personal property, structures, improvements, buildings, equipment, plants, rolling stock, vehicle improvements, vehicle parking, or other facilities and rights-of-way must be disposed of and the proceeds distributed among the authority's government members proportionate to their financial contribution."

Time effective

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