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

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.