S*446 Session 112 (1997-1998)
S*0446(Rat #0066, Act #0043 of 1997) General Bill, By McConnell
Similar(H 3829)
A BILL TO AMEND SECTIONS 58-25-30, 58-25-35, 59-25-40, AND 58-25-70, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES,
SO AS TO CHANGE EACH REFERENCE OF "CITY" TO "MUNICIPALITY."
02/27/97 Senate Introduced and read first time SJ-4
02/27/97 Senate Referred to Committee on Judiciary SJ-4
04/09/97 Senate Committee report: Favorable Judiciary SJ-9
04/10/97 Senate Read second time SJ-27
04/15/97 Senate Read third time and sent to House SJ-16
04/16/97 House Introduced and read first time HJ-20
04/16/97 House Referred to Committee on Education and Public
Works HJ-20
04/24/97 House Committee report: Favorable Education and Public
Works HJ-13
04/30/97 House Debate adjourned until Thursday, May 1, 1997 HJ-49
05/01/97 House Debate adjourned until Tuesday, May 6, 1997 HJ-26
05/07/97 House Debate adjourned until Thursday, May 8, 1997 HJ-45
05/08/97 House Read second time HJ-20
05/13/97 House Read third time and enrolled HJ-12
05/15/97 Ratified R 66
05/21/97 Signed By Governor
05/21/97 Effective date 05/21/97
06/03/97 Copies available
06/03/97 Act No. 43
(A43, R66, S446)
AN ACT TO AMEND SECTIONS 58-25-30, AS AMENDED,
58-25-35, 58-25-40, AS AMENDED, AND 58-25-70, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL
TRANSPORTATION AUTHORITIES, SO AS TO CHANGE EACH
REFERENCE OF "CITY" TO
"MUNICIPALITY".
Be it enacted by the General Assembly of the State of South Carolina:
Regional transportation authorities
SECTION 1. Section 58-25-30(3) of the 1976 Code, as last amended
by Act 449 of 1992, is further amended to read:
"(3) Upon the execution of the agreement by the governing
bodies of the municipalities and the counties which include at least ninety
percent of the population of the proposed service area within their
jurisdictions, and only if the agreement provides for imposition of a new
source of revenue such as a new tax, the question of creating such an
authority under the terms of the executed agreement must be submitted for
ratification to the qualified electors within the proposed service area at a
general election or at a special election called for that purpose as set forth
in the agreement. If an existing source or sources of revenue are utilized
to fund the authority, an election is not required. If an election is
required, the agreement shall become operational upon the approval of the
majority of the voters within the service area voting on the question and
the authority must be created not less than sixty days after the results of
the election are certified. If an election is not required, the agreement
becomes operational upon the execution of the agreement by the
governing bodies of the municipalities and counties which include at least
ninety percent of the population of the proposed service area, and the
authority must be created not less than sixty days after the agreement is
executed."
Regional transportation authorities
SECTION 2. Section 58-25-30(4) of the 1976 Code, as last amended
by Act 449 of 1992, is further amended to read:
"(4) If an election is required, the question to be placed before
the electorate must state the service area of the proposed authority
(municipalities and counties involved) and the proposed method of
financing, including the level of tax to be initially imposed, and
membership on the board."
Regional transportation authorities
SECTION 3. Section 58-25-30(8) of the 1976 Code is amended to
read:
"(8) For fiscal years after creation of a regional transportation
authority, the governing bodies of the municipalities and counties within
the service area of the authority publicly must make available information
regarding the portion of their budgets which is devoted to the financial
support of the authority and the estimated portion of any revenue source
which would be utilized to support the authority."
Regional transportation authorities
SECTION 4. Section 58-25-35 of the 1976 Code is amended to read:
"Section 58-25-35. The members of a regional transportation
authority created under authority of this chapter must be the
municipalities within the service area as defined by this chapter and the
counties within the unincorporated areas or the service area of the
authority."
Regional transportation authorities
SECTION 5. Section 58-25-40 of the 1976 Code, as last amended by
Act 449 of 1992, is further 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 municipalities 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 municipalities
and counties proportionate to population within the authority's service
area.
As many as three additional members of the governing board of a
transportation authority may be appointed by the legislative delegations
of the member counties if approved 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 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, regardless of population, may have less than one member on
the board. County population must be determined after subtracting the
member municipality 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 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. Members shall adopt and abide by rules governing
meeting attendance.
(2) No county or municipality 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 municipalities not participating initially may become members of the
authority with the same benefits as the initial members pursuant to 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."
Regional transportation authorities
SECTION 6. Section 58-25-70 of the 1976 Code is amended to read:
"Section 58-25-70. The authority must keep books of account,
which must be independently audited at least once in each calendar year.
A copy of the audit report must be provided to the member municipalities
and counties. The authority must make an annual report of its activities to
the member municipalities and counties. The authority must submit to the
member municipalities and counties the annual operating and capital
budget proposed for each fiscal year, at least sixty days prior to the
beginning of the fiscal year. In the event a member municipality or
county disagrees with the proposed budget, it may set forth points of
disagreement and transmit its statement to the authority and other
governing bodies of the member municipalities and counties within thirty
days of the receipt of the proposed budget. Budgets must be adopted by
a majority of the member governments. In the event a majority of the
governing bodies of the member municipalities and counties do not agree
with the proposed budget, the authority must convene a meeting of chief
elected and administrative officials of member governments to develop a
budget which may be acceptable to a majority of the member
governments; a majority, for the purposes of this section, includes the
governing bodies of the member municipalities and counties representing
more than one-half of the service area population. In the event a budget
acceptable to a majority of the member governments is not developed
prior to the beginning of its fiscal year, the authority shall continue to
operate at the budget levels of the previously approved budget. Any
budget changes requiring an increase in local funds in excess of ten
percent during the budget year must be approved as provided above for
annual budgets."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997. |