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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
RECALLED
April 24, 2003
H. 3045
S. Printed 4/24/03--H. [SEC 4/25/03 2:47 PM]
Read the first time January 14, 2003.
TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 1 of the 1976 Code is amended by adding:
Section 1-11-800. (A) There is hereby established a Mobility Development Authority within the State Budget and Control Board that must develop and coordinate a general mass transit program and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of mass transit systems, both public and private.
(B) The authority must be under the supervision of an executive director who must be appointed by and serve at the pleasure of the Governor, and whose compensation must be provided by the General Assembly. He may employ necessary staff as may be approved by the board.
(C) The authority is further designated as the agency of the State principally responsible for coordinating all bus passenger service, preserving railroad rights-of-way for future use, and coordinating rail passenger service and high-speed rail planning and development. This authority includes, but is not limited to, the power to apply for and to receive state, federal, or other funds for rail passenger service, high-speed rail planning and development, bus passenger service, and rail corridor preservation and revitalization programs.
(D) All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities must cooperate with the authority, provide assistance, data, and advice upon request and must reimburse any entity necessary cost for an expense. This authority does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning the purposes set forth in this section.
(E) The authority must develop and annually submit by February first of each year a full, printed, detailed report to the House Education and Public Works Committee and the Senate Transportation Committee showing an analysis of:
(1) the authority's accomplishments in the past year;
(2) a five year plan detailing future needs and goals of the State as it relates to all forms of mass transit;
(3) a plan for funding and receiving federal matching funds or other funds as may be available; and
(4) a state railroad corridor preservation and revitalization plan.
(F) A railroad right-of-way or corridor held for railroad right-of-way preservation may be used for interim public purposes compatible with preservation of the corridor for future transportation use. A railroad corridor held for railroad right-of-way preservation may not be considered abandoned for the purpose of any law.
(G) All powers, duties, funding, and responsibilities of the Interagency Council on Public Transportation, the Department of Transportation Division of Mass Transit, and the Regional Transportation Authorities as contained in Title 58, Chapter 25 are devolved upon the Mobility Development Authority. In addition, all public transportation duties, responsibilities, and funding of the State Department of Social Services, the State Department of Mental Health, the South Carolina Department of Disabilities and Special Needs, and the State Department of Health and Human Services are devolved upon the Mobility Development Authority.
(H) The authority shall have the power to enter into franchise agreements with private transportation operators to develop, finance, and operate public mobility projects.
(I) The authority shall have the power of eminent domain for purposes of constructing public mobility projects and developing land for the purpose of enhancing the use and benefit of these projects for local communities.
(J) The authority shall have the power to enter into agreements to finance construction and maintenance of mobility projects.
(K) The authority shall have the power to designate projects with statewide significance that would be managed by the authority."
SECTION 2. Section 57-1-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-1-20. The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Mass Transit; a Division of Construction Engineering and Planning; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law."
SECTION 3. Section 57-3-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-3-10. The Department of Transportation must be divided into such divisions as the commission may prescribe but must consist of the following principal divisions: finance and administration; and construction, engineering, and planning; and mass transit. The commission may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division."
SECTION 4. Section 57-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 57-3-20. The responsibilities and duties of the following division deputy directors must include, but not be limited to, the following:
(1) division deputy director for finance and administration:
(a) financial planning and management;
(b) accounting systems necessary to comply with all federal and/or state laws and/or regulations as well as all policies established by the Comptroller General; and
(c) administrative functions, including recording proceedings of the commission and developing policy and procedures to ensure compliance with these policies and procedures.
(2) division deputy director for construction, engineering, and planning:
(a) development of statewide strategic highway plans; and
(b) directs highway engineering activities, including construction, design, construction oversight, and maintenance of state highways.
(3) division deputy director for mass transit:
(a) development of a statewide mass transit system; and
(b) coordinate the preservation and revitalization of existing rail corridors."
SECTION 5. Section 57-3-40 and Chapter 25 of Title 58 of the 1976 Code are repealed.
SECTION 6. This act takes effect upon approval by the Governor.
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