South Carolina S 594: Transportation Authority

Bill Text

South Carolina General Assembly

123rd Session, 2019-2020



S. 594



STATUS INFORMATION



General Bill

Sponsors: Senator Shealy

Document Path: l:\s-res\ks\034tran.kmm.ks.docx



Introduced in the Senate on March 5, 2019

Currently residing in the Senate Committee on Judiciary



Summary: Transportation Authority





HISTORY OF LEGISLATIVE ACTIONS



	Date	Body	Action Description with journal page number	

	3/5/2019	Senate	Introduced and read first time (Senate Journal‑page 5)

	3/5/2019	Senate	Referred to Committee on Judiciary (Senate Journal‑page 5)



View the latest legislative information at the website





VERSIONS OF THIS BILL



3/5/2019





















A BILL



TO AMEND SECTION 4-37-10 OF THE 1976 CODE, RELATING TO THE TRANSPORTATION AUTHORITY, SECTION 4-37-25 OF THE 1976 CODE, RELATING TO PROCUREMENT METHODS AND REQUIREMENTS, AND SECTION 4-37-30 OF THE 1976 CODE, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, TO PROVIDE FOR THE FUNDING OF TRANSPORTATION SERVICES; AND TO DEFINE NECESSARY TERMS.



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



SECTION	1.	Section 4-37-10 of the 1976 Code is amended to read:



	“Section 4-37-10.	(A)	Subject to requirements of this chapter and the referendum described in Section 4‑37‑30, the governing body of a county may by ordinance establish a transportation authority with all of the rights and powers described in Section 4‑37‑20. If, pursuant to this section, a county chooses to finance all of the cost of highways, roads, streets, bridges, and other transportation‑related projects and services and elects to create an authority for that purpose, the members of the authority board must be appointed by the county governing body in the manner it determines.

	(B)	If a county chooses to enter into a partnership, consortium, or other contractual arrangement with one or more other governmental entities and if the parties choose to form an authority for such purpose, those other governmental entities must have one or more designated appointees on the authority board as provided in an intergovernmental agreement to be entered into by the parties. In order for a county to enter into the formation of an authority, partnership, consortium, or other intergovernmental agreement pursuant to the provisions of this chapter with other counties, a referendum on the action must be held by each county and the referendum must be approved by each and every separate county and together.

	(C)	For the purposes of this chapter:

		(1)	‘governmental ‘Governmental entity’ is a county in South Carolina, or the State of South Carolina and its departments and agencies.

		(2)	‘Service’ or ‘services’ means transportation services, including mass transit systems in this State.

	(D)	The existence of any authority created pursuant to this chapter must terminate not later than twelve months after a sales and use tax or toll authorized by this chapter terminates.”



SECTION	2.	Section 4-37-25 of the 1976 Code is amended to read:



	“Section 4-37-25.	An authority created pursuant to this chapter must comply with Section 11‑35‑50. When procuring the construction, maintenance, services, and repair of bridges, highways, and roads, an authority must use the same procurement methods and apply the same procurement requirements used by and applied to the South Carolina Department of Transportation in the construction, maintenance, and repair of bridges, highways, and roads including the provisions of Section 12‑27‑1320 except that when applying Section 12‑27‑1320, the contracting entity may meet the expenditures standards of Section 12‑27‑1320 by either direct or indirect contracts. For purposes of this provision, ‘contracting entity’ includes a governmental body and a private entity with which a governmental body contracts for the construction, maintenance, and repair of bridges, highways, and roads and the operation of services.”



SECTION	3.	Section 4-37-30 of the 1976 Code is amended to read:



	“Section 4-37-30.	To accomplish the purposes of this chapter, counties are empowered to impose one but not both of the following sources of revenue: a sales and use tax as provided in item (A) or to authorize an authority established by the county governing body as provided in Section 4‑37‑10 to use and impose tolls in accordance with the provisions of item (B):

	(A)	Subject to the requirements of this section, the governing body of a county may impose by ordinance a sales and use tax in an amount not to exceed one percent within its jurisdiction for a single project or service, or for multiple projects or services, and for a specific period of time to collect a limited amount of money.

		(1)	The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:

			(a)	the project or service, or projects or services, and a description of