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1090Ratification Number: 595Act Number: 509Introducing Body: SenateSubject: Regional transportation authorities and boards
(A509, R595, S1090)
AN ACT TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT THE AUTHORITIES ARE EXEMPT FROM PROVISIONS GOVERNING SPECIAL PURPOSE DISTRICTS AND TO REDEFINE "PUBLIC TRANSPORTATION"; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY BOARDS, SO AS TO PROVIDE FOR BOARD REPRESENTATION BASED ON A COUNTY'S FINANCIAL CONTRIBUTION; AND TO AMEND ACT 169 OF 1985, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CLARIFY BUDGET PROCEDURES FOR AUTHORITIES IN EXISTENCE PRIOR TO JULY 1, 1985.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items (1) and (10) of Section 58-25-20 of the 1976 Code, as last amended by Act 169 of 1985, are further amended to read:
"(1) 'Authority' means a regional transportation authority created pursuant to this chapter and the authorities so created are exempt from the provisions of Article 11 of Chapter 11 of Title 6.
(10) 'Public transportation' means every conveyance of human passengers by bus, van, or any other surface vehicle as required for intrastate service which is provided to the general public or selected groups on a regular and continuing basis including charter service. Freight delivery is allowed as a concomitant service."
Membership of board
SECTION 2. The second paragraph of item (1) of Section 58-25-40 of the 1976 Code, as last amended by Act 169 of 1985, is further amended to read:
"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, or both."
Authorities may continue to operate
SECTION 3. Section 4 of Act 169 of 1985 is amended to read:
"Section 4. Any transportation authority formed under Chapter 25 of Title 58 of the 1976 Code prior to July 1, 1985, may continue to operate in accordance with the terms and conditions of that law. However, as the terms of appointees to the governing board expire, appointments and composition must be in accordance with the provisions of Section 58-25-40. If the authority desires to operate under the full terms and conditions of Chapter 25 of Title 58 with the exception of the exercise of taxing power, it shall comply with all procedures set forth in that chapter, except those in Sections 58-25-30, 58-25-60, 58-25-70, and 58-25-100. The authority shall 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 shall make an annual report of its activities to the member municipalities and counties. If the authority desires to operate under the full terms and conditions of that chapter, including the exercise of taxing power, it shall comply with all procedures set forth in that chapter."
SECTION 4. This act shall take effect upon approval by the Governor.