South Carolina General Assembly
117th Session, 2007-2008

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Bill 4162


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-45 SO AS TO ESTABLISH THE SOUTH CAROLINA MASS TRANSIT ADVISORY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE STAFF AND OTHER SUPPORT FOR THE COMMISSION.

Whereas, transporting people in South Carolina is largely dependent on individual automobile ownership; and this reality presents a barrier to accessing jobs, the self-sufficiency of elderly and disabled citizens, financial security for families, clear air, energy conservation, and visitor mobility; and

Whereas, South Carolina is falling far behind our close neighbors, North Carolina, Georgia, and Florida, in developing a quality multi-modal transportation system that will meet the needs of all citizens; and

Whereas, the projected increase in our senior citizen population, the growing levels of traffic congestion on our roadways, the threat of federal sanctions for air-quality violations, and the imbalance in some areas of South Carolina between open jobs and available workers, are all conditions requiring a diversified transportation system which does not rely exclusively on the privately-owned automobile; and

Whereas, mass transit is defined as including bus service, commuter bus service, bus rapid transit, commuter rail, light rail, intercity rail, high speed rail, transit for the disabled, and the coordination of medical and social service transit; and

Whereas, mass transit is, in and of itself, an economic engine, creating jobs, and stimulating business development near transit stops; and

Whereas, the General Assembly is mindful of the importance of mass transit to the future development and growth of South Carolina, and is aware of the state's critical need for a statewide mass transit plan showing the level and location of transit services and predictable funding mechanisms to support such transit services. Now, therefore,

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

SECTION    1.    Article 1, Chapter 3, Title 57 of the 1976 Code is amended by adding:

"Section 57-3-45.    (A)    There is established the South Carolina Mass Transit Advisory Commission to advise the Deputy Director for Mass Transit for the Department of Transportation on the mass transit needs and the specialized transportation needs of all areas of the State. The Deputy Director for Mass Transit shall coordinate the activities of the council and call its first meeting, at which time it shall elect officers and establish a regular schedule of meetings designed to assist the deputy director in obtaining the widest representation of views on the state's mass transit needs. Members of the council shall serve without compensation, but are allowed the mileage, subsistence, and per diem allowed members of state boards, committees, and commissions, to be paid from approved accounts of the Department of Transportation.

The Department of Transportation shall provide the staff and support necessary for the advisory commission to carry out its duties and responsibilities.

(B)    The commission membership consists of:

(1)    the Deputy Director for Mass Transit of the Department of Transportation, ex officio;

(2)    the Executive Director, or designee, of the Employment Security Commission, ex officio;

(3)    the Director, or designee, of the Lieutenant Governor's Office on Aging, ex officio;

(4)    the Director, or designee, of the Department of Health and Human Services, ex officio;

(5)    two members of the House of Representatives, ex officio, appointed by the Speaker of the House of Representatives to serve at the pleasure of the Speaker;

(6)    two members of the Senate, ex officio, appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore;

(7)    three members representing separate regional councils of government, one appointed by the Governor, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House of Representatives;

(8)    one member representing a metropolitan planning organization appointed by the Governor;

(9)    one member representing a county planning staff appointed by the President Pro Tempore of the Senate;

(10)    one member representing a municipal planning staff appointed by the Speaker of the House of Representatives;

(11)    one member representing large urban transit providers appointed by the Governor;

(12)    one member representing small urban transit providers appointed by the President Pro Tempore of the Senate;

(13)    one member representing rural transit providers appointed by the Speaker of the House of Representatives;

(14)    one member representing the business community appointed by the Governor;

(15)    one member representing the physically-disabled community appointed by the President Pro Tempore of the Senate;

(16)    one member representing the tourism industry appointed by the Speaker of the House of Representatives;

(17)    two citizen members representing current transit system users appointed by the Governor;

(18)    one member representing county councils on aging appointed by the Speaker of the House of Representatives.

Non ex officio members of the commission shall serve terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the terms.

(C)    The South Carolina Mass Transit Advisory Commission shall:

(1)    study and inventory the present availability and utilization of mass transit services;

(2)    study demographic data, evaluate any imbalance between residence of workers and location of employment opportunities, and review the need for coordination of medical and social transit services;

(3)    identify gaps in current mass transit services in the State, its major metropolitan areas, and its rural areas;

(4)    consult with local government entities and local transit providers;

(5)    review the statewide multi-modal plans of the State Department of Transportation;

(6)    identify short-range, mid-range, and long-range goals and objectives for the development of an improved statewide mass transit program and system;

(7)    identify potential, reasonable means of funding significant improvements in the statewide mass transit system;

(8)    annually submit to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives a report with the findings showing the status of and any progress made in the area of mass transit, with the first report being made not later than December 1, 2007, and submitted annually thereafter.

In developing and implementing plans for mass transit, the advisory commission must not duplicate or supplant the roles of the Department of Transportation, the regional transit authorities, the metropolitan planning organizations, or the councils of governments. The South Carolina Mass Transit Advisory Commission shall advise the General Assembly in a concise and timely manner on the general level of need for mass transit services in South Carolina, the programs developed in other southeastern states, a list of possible funding mechanisms, and a broad vision for a sustainable statewide mass transit system. 'Statewide system' is defined as the cumulative array of mass transit services operated by local governments, regional transit authorities, the state government, the federal government, nonprofit organizations, and the private sector, and must not be interpreted to mean that the State of South Carolina must own or operate any mass transit system."

SECTION    2.    This act takes effect upon approval by the Governor.

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