H 3949 General Bill, By C.C. Wells, Allison, J.L.M. Cromer, J.L. Harris, 
Haskins, J. Hines, Lanford, Littlejohn, Neilson, Quinn, D. Smith, Walker and 
J.B. Wilder
 A Bill to amend Sections 31-3-340 and 31-3-380, Code of Laws of South
 Carolina, 1976, relating to the appointment of commissioners to a housing
 authority created by a municipality and the organization and officers of the
 authority, so as to provide for the appointment of two additional
 commissioners from an extraterritorial area when the authority exercises
 jurisdiction in that area and provide for a quorum when the two additional
 commissioners are allowed to vote on matters which affect the area from which
 they are appointed.

   04/13/93  House  Introduced and read first time HJ-20
   04/13/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-20
   02/09/94  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-13
   02/17/94  House  Objection by Rep. Anderson, Jennings, McMahand,
                     Simrill, Houck, Elliott, HJ-39
   02/17/94  House  Objection by Rep. McKay, Askins, Hines, Kennedy,
                     Gonzales, Williams, HJ-39
   02/17/94  House  Objection by Rep. Breeland & Inabinett HJ-39

COMMITTEE REPORT

February 9, 1994

H. 3949

Introduced by REPS. Wells, Quinn, Cromer, Walker, Allison, D. Smith, J. Wilder, Haskins, Littlejohn, J. Harris, Hines, Neilson and Lanford

S. Printed 2/9/94--H.

Read the first time April 13, 1993.

To whom was referred a Bill (H. 3949), to amend Sections 31-3-340 and 31-3-380, Code of Laws of South Carolina, 1976, relating to the appointment of commissioners to a housing authority, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 31-3-340 as contained in SECTION 1, Page 1, beginning on line 42, by striking /and may vote only when matters coming before the authority affect the area they represent./, so when amended Section 31-3-340 reads:

/Section 31-3-340. When the council of a city adopts a resolution as aforesaid as provided in this chapter, it shall promptly notify the mayor of such this adoption. Upon receiving such this notice the mayor shall appoint five persons as commissioners of the authority created for the municipality. However, two additional commissioners must be appointed, for terms of five years, when the authority exercises extraterritorial jurisdiction outside the corporate boundaries of the municipality. These two additional commissioners must reside in the area in which the municipality exercises its extraterritorial jurisdiction. The commissioners who are first appointed shall must be designated to serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment, but thereafter commissioners shall must be appointed as aforesaid for a term of office of five years except that all vacancies shall must be filled for the unexpired term, except that the two additional commissioners for the extraterritorial area must be appointed for terms of five years. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State, and in the office of the board and such the certificate shall be is conclusive evidence of the due and proper appointment of such the commissioner.

Amend further, in Section 31-3-380 as contained in SECTION 2, Page 2, beginning on Line 35 by striking /However, five commissioners constitute a quorum when acting on a matter which affects the extraterritorial area./ and inserting /However, four commissioners constitute a quorum when exercising jurisdiction in the extraterritorial area./, so when amended Section 31-3-380 reads:

/Section 31-3-380. As soon as possible after the creation of an authority, the commissioners shall organize for the transaction of business by choosing from among their number a chairman and a vice-chairman and by adopting bylaws and rules and regulations suitable to the purposes of this chapter and Chapter 11. Three commissioners shall constitute a quorum for the purpose of organizing the authority and conducting the business thereof of it. However, four commissioners constitute a quorum when exercising jurisdiction in the extraterritorial area. The commissioners shall, from time to time, select and appoint such officers and employees, including engineering, architectural and legal assistants, as they may require for the performance of their duties and shall prescribe the duties and compensation of each officer and employee./

Amend title to conform.

THOMAS C. ALEXANDER, for Committee.

A BILL

TO AMEND SECTIONS 31-3-340 AND 31-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO A HOUSING AUTHORITY CREATED BY A MUNICIPALITY AND THE ORGANIZATION AND OFFICERS OF THE AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF TWO ADDITIONAL COMMISSIONERS FROM AN EXTRATERRITORIAL AREA WHEN THE AUTHORITY EXERCISES JURISDICTION IN THAT AREA AND PROVIDE FOR A QUORUM WHEN THE TWO ADDITIONAL COMMISSIONERS ARE ALLOWED TO VOTE ON MATTERS WHICH AFFECT THE AREA FROM WHICH THEY ARE APPOINTED.

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

SECTION 1. Section 31-3-340 of the 1976 Code is amended to read:

"Section 31-3-340. When the council of a city adopts a resolution as aforesaid as provided in this chapter, it shall promptly notify the mayor of such this adoption. Upon receiving such this notice the mayor shall appoint five persons as commissioners of the authority created for the municipality. However, two additional commissioners must be appointed, for terms of five years, when the authority exercises extraterritorial jurisdiction outside the corporate boundaries of the municipality. These two additional commissioners must reside in the area in which the municipality exercises its extraterritorial jurisdiction and may vote only when matters coming before the authority affect the area they represent. The commissioners who are first appointed shall must be designated to serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment, but thereafter commissioners shall must be appointed as aforesaid for a term of office of five years except that all vacancies shall must be filled for the unexpired term, except that the two additional commissioners for the extraterritorial area must be appointed for terms of five years. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State, and in the office of the board and such the certificate shall be is conclusive evidence of the due and proper appointment of such the commissioner."

SECTION 2. Section 31-3-380 of the 1976 Code is amended to read:

"Section 31-3-380. As soon as possible after the creation of an authority, the commissioners shall organize for the transaction of business by choosing from among their number a chairman and a vice-chairman and by adopting bylaws and rules and regulations suitable to the purposes of this chapter and Chapter 11. Three commissioners shall constitute a quorum for the purpose of organizing the authority and conducting the business thereof of it. However, five commissioners constitute a quorum when acting on a matter which affects the extraterritorial area. The commissioners shall, from time to time, select and appoint such officers and employees, including engineering, architectural and legal assistants, as they may require for the performance of their duties and shall prescribe the duties and compensation of each officer and employee."

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