S*662 Session 111 (1995-1996)
S*0662(Rat #0060, Act #0037 of 1995) General Bill, By Passailaigue, Ford,
McConnell, L.E. Richter, M.T. Rose, G. Smith and Washington
A Bill to amend Section 31-12-40, Code of Laws of South Carolina, 1976,
relating to the creation of Redevelopment Authorities, so as to revise the
membership of the Board of a Redevelopment Authority; Section 31-12-50,
relating to the terms and filling of vacancies of members of the Authority, so
as to add a reference to conform to the amendment of Section 31-12-40 and
require the terms of members appointed pursuant to Section 31-12-40 be split
equally between two or four years; and to amend Section 31-12-60, relating to
the Governor's at-large appointment and certain powers of the Authority, so as
to change the manner in which the Governor's appointee serve as
Chairman.-amended title
03/23/95 Senate Introduced, read first time, placed on calendar
without reference SJ-4
03/28/95 Senate Read second time SJ-20
03/28/95 Senate Ordered to third reading with notice of
amendments SJ-20
03/30/95 Senate Amended SJ-164
03/30/95 Senate Read third time and sent to House SJ-164
04/04/95 House Introduced and read first time HJ-8
04/04/95 House Referred to Committee on Judiciary HJ-9
04/05/95 House Recalled from Committee on Judiciary HJ-27
04/06/95 House Amended HJ-75
04/06/95 House Read second time HJ-77
04/06/95 House Unanimous consent for third reading on next
legislative day HJ-78
04/07/95 House Read third time and returned to Senate with
amendments HJ-2
04/11/95 Senate House amendment amended SJ-6
04/11/95 Senate Returned to House with amendments SJ-6
04/12/95 House Non-concurrence in Senate amendment HJ-3
04/18/95 Senate Senate insists upon amendment and conference
committee appointed Sens. Passailaigue,
McConnell, and Washington SJ-11
04/19/95 House Conference committee appointed Reps. Fulmer, A.
Young & Law HJ-3
04/20/95 House Free conference powers granted HJ-34
04/20/95 House Free conference committee appointed Fulmer, A.
Young & Law HJ-34
04/20/95 House Free conference report received and adopted HJ-35
04/20/95 Senate Free conference powers granted SJ-5
04/20/95 Senate Free conference committee appointed Sens.
Passailaigue, McConnell, Washington SJ-5
04/20/95 Senate Free conference report received and adopted SJ-5
04/20/95 House Ordered enrolled for ratification HJ-32
04/20/95 Ratified R 60
04/24/95 Signed By Governor
04/24/95 Effective date 04/24/95
04/24/95 See act for exception to or explanation of
effective date
05/11/95 Copies available
05/11/95 Act No. 37
(A37, R60, S662)
AN ACT TO AMEND SECTION 31-12-40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF
REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE
MEMBERSHIP OF THE BOARD OF A REDEVELOPMENT
AUTHORITY; SECTION 31-12-50 RELATING TO THE TERMS AND
FILLING OF VACANCIES OF MEMBERS OF THE AUTHORITY, SO
AS TO ADD A REFERENCE TO CONFORM TO THE AMENDMENT
OF SECTION 31-12-40 AND REQUIRE THE TERMS OF MEMBERS
APPOINTED PURSUANT TO SECTION 31-12-40 BE SPLIT
EQUALLY BETWEEN TWO OR FOUR YEARS; AND TO AMEND
SECTION 31-12-60, RELATING TO THE GOVERNOR'S AT-LARGE
APPOINTMENT AND CERTAIN POWERS OF THE AUTHORITY,
SO AS TO CHANGE THE MANNER IN WHICH THE GOVERNOR'S
APPOINTEE SERVES AS CHAIRMAN.
Be it enacted by the General Assembly of the State of South
Carolina:
Membership
SECTION 1. Section 31-12-40(D) of the 1976 Code is amended to read:
"(D) If the federal property subject to disposal is contained
wholly or partially within a county, all or a portion of which lies in an
MSA which extends over more than one South Carolina county, the
authority must include:
(1) one representative who is a resident of each South Carolina
county which contains all or a portion of the federal property subject to
disposal, appointed by the Governor;
(2) one representative who is a resident of each South Carolina
county in the MSA not entitled to a resident representative under
subsection (D)(1), appointed by the Governor;
(3) such additional representatives who are residents of the
respective municipalities as may be necessary to provide any municipality
within whose boundaries the major portion of properties scheduled for
disposal lies with one less than the collective number of representatives
provided for in subsections (D)(1), (D)(2), and (D)(5) appointed by the
Governor from a slate of candidates submitted by the municipal
governing body;
(4) if the major portion of properties scheduled for disposal lies
within a single county but not within the boundaries of any single
municipality, such additional representatives as may be necessary to
provide that county with one less than the collective number of
representatives provided for in subsections (D)(1), (D)(2), and (D)(5),
appointed by the county governing body;
(5) one at-large appointment by the Governor, who shall be a
resident of one of the counties which lie, wholly or partially, in the MSA
which is entitled to representation under subsections (D)(1), (D)(2), or
(D)(4);
(6) the Governor, in his discretion, may accept or reject the name of
any individual submitted for his consideration pursuant to subsection
(D)(3). If the name of an individual is rejected or is not submitted to the
Senate as provided in subsection (H), the municipality may submit the
name of another individual for the Governor's consideration as provided
in subsection (D)(3); and
(7) notwithstanding any other provision of law, an individual
appointed pursuant to subsections (D)(1) through (D)(5) may be removed
as provided in Section 1-3-240(B)."
Prohibition on serving
SECTION 2. Section 31-12-40(E) of the 1976 Code is amended to
read:
"(E) No member of an authority may be an elected official or
hold another office of honor or profit of this State or any of its political
subdivisions while serving on the authority as prohibited by the South
Carolina Constitution. Each member of an authority must comply with
the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws
including the requirement to file a statement of economic
interests."
Appointments
SECTION 3. Section 31-12-40(H) of the 1976 Code is amended to
read:
"(H) The appointments made pursuant to subsections (B)(2),
(B)(3), and (B)(4), subsections (C)(2), (C)(3), and (C)(4), and
subsections (D)(1), (D)(2), (D)(3), (D)(4), and (D)(5) shall be subject to
the advice and consent of the Senate."
Creation of authority
SECTION 4. Section 31-12-40(I) of the 1976 Code is amended to
read:
"(I) An authority also may be created by resolutions of
municipalities and of counties eligible to make the majority of the
appointments to an authority pursuant to subsections (B) or (C),
respectively."
Vacancies
SECTION 5. Subsections (K) and (L) of Section 31-12-40 of the 1976
Code are amended to read:
"(K) A vacancy occurring while the Senate is in session,
including a vacancy occurring due to the failure of the Senate to give
advice and consent to any appointment, may be filled while the Senate is
in session by an appointment of an individual other than the one that
failed to receive advice and consent. The appointment must be
transmitted to the Senate for its consideration within one week after the
appointment is made. If the vacancy occurs prior to May first and the
Senate does not advise and consent to the appointment prior to Sine Die
adjournment of that session, the office shall be vacant and the appointee
shall not serve in holdover status notwithstanding any other provision of
law to the contrary. In no event may the same individual be reappointed
until such time as the term for which the appointee would have served
expires. If the vacancy occurs on or after May first, the appointee is
deemed to be an interim appointee and is subject to the provisions of
subsection (J).
(L) (Reserved)"
Terms
SECTION 6. Section 31-12-50(A) of the 1976 Code is amended to
read:
"(A) The term of office for members appointed pursuant to
Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state
representatives, one of the county representatives, and one of the
municipality representatives shall serve a four-year term as designated by
the respective delegation or governing body. The other members shall
serve an initial two-year term, including the at-large appointment by the
Governor. The term of office for members appointed pursuant to Section
31-12-40(D) shall be split equally between two or four years, as
determined by lot at their first organizational meeting, other than the
appointment by the Governor pursuant to Section 31-12-40(D)(5), who
shall serve an initial two-year term. After the initial terms, all members
shall serve four-year terms. Each member shall hold office until his
successor is appointed and qualified."
Governor's appointment
SECTION 7. Section 31-12-60 of the 1976 Code is amended to read:
"Section 31-12-60. The Governor's at-large appointment shall
serve for a two-year term as chairman of any authority initially
established. The authority shall select its vice chairman and such other
officers as the authority may determine from its membership. The
authority shall select its chairman at all times after the initial two-year
period during which the Governor's at-large appointee serves as
chairman.
The authority may employ or contract for technical experts and other
agents and employees as it may require and may determine the
qualifications and compensation of these persons. A majority of the
members then in office shall constitute a quorum for its meeting. No
member is liable personally for losses unless the losses are occasioned by
the wilful misconduct of the member. An authority may delegate one or
more of its members, agents, or employees any of its powers that it
considers necessary to carry out the purposes of the authority subject
always to the supervision and control of the whole authority."
Severability clause
SECTION 8. If any section, subsection, paragraph, subparagraph,
sentence, clause, phrase, or word of this act is for any reason held to be
unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this act,
and each and every section, subsection, paragraph, subparagraph,
sentence, clause, phrase, and word thereof, irrespective of the fact that
any one or more other sections, subsections, paragraphs, subparagraphs,
sentences, clauses, phrases, or words hereof may be declared to be
unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 9. This act takes effect upon approval by the Governor
subject to the provisions of this section. Upon the appointment of a
chairman pursuant to Section 31-12-40(D)(5), as amended by this act, the
term of each member appointed to an authority pursuant to Section
31-12-40(D), adopted as a part of Act 462 of 1994, is terminated. Until
three other individuals are appointed pursuant to Section
31-12-40(D)(1-5), the chairman is empowered to exercise any and all
authority granted to an authority board as specified in Act 462 of 1994.
Individuals appointed pursuant to Section 12-31-40(D)(1), (2), and (5)
may begin serving as members of an authority board effective upon the
date of the appointment letter of the Governor. The right of these
individuals to continue service beyond the date of Sine Die adjournment
of the General Assembly in 1995 will be determined as specified in
Section 31-12-40, as amended.
Approved the 24th day of April, 1995. |