To Amend the Code of Laws of South Carolina, 1976, by Adding Section 57345 So As to Establish

1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 57-3-45 SO AS TO ESTABLISH 13 THE SOUTH CAROLINA MASS TRANSIT ADVISORY 14 COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, 15 DUTIES, AND RESPONSIBILITIES, AND TO PROVIDE 16 THAT THE DEPARTMENT OF TRANSPORTATION SHALL 17 PROVIDE STAFF AND OTHER SUPPORT FOR THE 18 COMMISSION. 19 20 Whereas, transporting people in South Carolina is largely 21 dependent on individual automobile ownership; and this reality 22 presents a barrier to accessing jobs, the self-sufficiency of elderly 23 and disabled citizens, financial security for families, clear air, 24 energy conservation, and visitor mobility; and 25 26 Whereas, South Carolina is falling far behind our close neighbors, 27 North Carolina, Georgia, and Florida, in developing a quality 28 multi-modal transportation system that will meet the needs of all 29 citizens; and 30 31 Whereas, the projected increase in our senior citizen population, 32 the growing levels of traffic congestion on our roadways, the threat 33 of federal sanctions for air-quality violations, and the imbalance in 34 some areas of South Carolina between open jobs and available 35 workers, are all conditions requiring a diversified transportation 36 system which does not rely exclusively on the privately-owned 37 automobile; and 38 39 Whereas, mass transit is defined as including bus service, 40 commuter bus service, bus rapid transit, commuter rail, light rail, 41 intercity rail, high speed rail, transit for the disabled, and the 42 coordination of medical and social service transit; and

1 [4162] 1 1 2 Whereas, mass transit is, in and of itself, an economic engine, 3 creating jobs, and stimulating business development near transit 4 stops; and 5 6 Whereas, the General Assembly is mindful of the importance of 7 mass transit to the future development and growth of South 8 Carolina, and is aware of the state’s critical need for a statewide 9 mass transit plan showing the level and location of transit services 10 and predictable funding mechanisms to support such transit 11 services. Now, therefore, 12 13 Be it enacted by the General Assembly of the State of South 14 Carolina: 15 16 SECTION 1. Article 1, Chapter 3, Title 57 of the 1976 Code is 17 amended by adding: 18 19 “Section 57-3-45. (A) There is established the South Carolina 20 Mass Transit Advisory Commission to advise the Deputy Director 21 for Mass Transit for the Department of Transportation on the mass 22 transit needs and the specialized transportation needs of all areas of 23 the State. The Deputy Director for Mass Transit shall coordinate 24 the activities of the council and call its first meeting, at which time 25 it shall elect officers and establish a regular schedule of meetings 26 designed to assist the deputy director in obtaining the widest 27 representation of views on the state’s mass transit needs. Members 28 of the council shall serve without compensation, but are allowed 29 the mileage, subsistence, and per diem allowed members of state 30 boards, committees, and commissions, to be paid from approved 31 accounts of the Department of Transportation. 32 The Department of Transportation shall provide the staff and 33 support necessary for the advisory commission to carry out its 34 duties and responsibilities. 35 (B) The commission membership consists of: 36 (1) the Deputy Director for Mass Transit of the Department 37 of Transportation, ex officio; 38 (2) the Executive Director, or designee, of the Employment 39 Security Commission, ex officio; 40 (3) the Director, or designee, of the Lieutenant Governor’s 41 Office on Aging, ex officio; 42 (4) the Director, or designee, of the Department of Health 43 and Human Services, ex officio;

1 [4162] 2 1 (5) two members of the House of Representatives, ex 2 officio, appointed by the Speaker of the House of Representatives 3 to serve at the pleasure of the Speaker; 4 (6) two members of the Senate, ex officio, appointed by the 5 President Pro Tempore of the Senate to serve at the pleasure of the 6 President Pro Tempore; 7 (7) three members representing separate regional councils of 8 government, one appointed by the Governor, one appointed by the 9 President Pro Tempore of the Senate, and one appointed by the 10 Speaker of the House of Representatives; 11 (8) one member representing a metropolitan planning 12 organization appointed by the Governor; 13 (9) one member representing a county planning staff 14 appointed by the President Pro Tempore of the Senate; 15 (10) one member representing a municipal planning staff 16 appointed by the Speaker of the House of Representatives; 17 (11) one member representing large urban transit providers 18 appointed by the Governor; 19 (12) one member representing small urban transit providers 20 appointed by the President Pro Tempore of the Senate; 21 (13) one member representing rural transit providers 22 appointed by the Speaker of the House of Representatives; 23 (14) one member representing the business community 24 appointed by the Governor; 25 (15) one member representing the physically-disabled 26 community appointed by the President Pro Tempore of the Senate; 27 (16) one member representing the tourism industry appointed 28 by the Speaker of the House of Representatives; 29 (17) two citizen members representing current transit system 30 users appointed by the Governor; 31 (18) one member representing county councils on aging 32 appointed by the Speaker of the House of Representatives. 33 Non ex officio members of the commission shall serve terms of 34 four years and until their successors are appointed and qualify. 35 Vacancies must be filled in the manner of the original appointment 36 for the unexpired portion of the terms. 37 (C) The South Carolina Mass Transit Advisory Commission 38 shall: 39 (1) study and inventory the present availability and 40 utilization of mass transit services; 41 (2) study demographic data, evaluate any imbalance between 42 residence of workers and location of employment opportunities,

1 [4162] 3 1 and review the need for coordination of medical and social transit 2 services; 3 (3) identify gaps in current mass transit services in the State, 4 its major metropolitan areas, and its rural areas; 5 (4) consult with local government entities and local transit 6 providers; 7 (5) review the statewide multi-modal plans of the State 8 Department of Transportation; 9 (6) identify short-range, mid-range, and long-range goals 10 and objectives for the development of an improved statewide mass 11 transit program and system; 12 (7) identify potential, reasonable means of funding 13 significant improvements in the statewide mass transit system; 14 (8) annually submit to the Governor, President Pro Tempore 15 of the Senate, and the Speaker of the House of Representatives a 16 report with the findings showing the status of and any progress 17 made in the area of mass transit, with the first report being made 18 not later than December 1, 2007, and submitted annually 19 thereafter. 20 In developing and implementing plans for mass transit, the 21 advisory commission must not duplicate or supplant the roles of 22 the Department of Transportation, the regional transit authorities, 23 the metropolitan planning organizations, or the councils of 24 governments. The South Carolina Mass Transit Advisory 25 Commission shall advise the General Assembly in a concise and 26 timely manner on the general level of need for mass transit 27 services in South Carolina, the programs developed in other 28 southeastern states, a list of possible funding mechanisms, and a 29 broad vision for a sustainable statewide mass transit system. 30 ‘Statewide system’ is defined as the cumulative array of mass 31 transit services operated by local governments, regional transit 32 authorities, the state government, the federal government, 33 nonprofit organizations, and the private sector, and must not be 34 interpreted to mean that the State of South Carolina must own or 35 operate any mass transit system.” 36 37 SECTION 2. This act takes effect upon approval by the 38 Governor. 39 ----XX---- 40

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