View Amendment Current Amendment: 3 to Bill 4625 Reps. LUCAS, HARRISON, YOUNG, DELLENEY, SIMRILL proposes the following Amendment No. 3 to H. 4625 (COUNCIL\DKA\3981SD12):

Reference is to Printer's Date 2/19/12--H.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION      1.      Section 1-30-10(B) of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:

     "(B)(1)            The governing authority of each department shall be is either:
           (i)            a director, and in the case of the Department of Commerce, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240;
           (ii)      a seven member board to be appointed and constituted in a manner provided for by law;
           (iii)      in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State; or
           (iv)      in the case of the Department of Transportation, a seven member commission constituted in a manner provided by law, and a Secretary of Transportation appointed by and serving at the pleasure of the Governor."

SECTION      2.      Section 1-30-105 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:

     "Section 1-30-105.      (A)      Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, and Finance and Administration; however, the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later.
     Department of Highways and Public Transportation, except the Motor Vehicle Division, which was established as the Department of Motor Vehicles by Section 56-1-5, and the State Highway Patrol, formerly provided for at Section 56-1-10, et seq.
     (B)      Notwithstanding another provision of law, on the effective date of this subsection, the governing authority of the Department of Transportation is the Secretary of Transportation as provided in Section 57-1-410."

SECTION      3.      Section 1-3-240(C)(1) of the 1976 Code, as last amended by Act 73 of 2009, is further amended to read:

           "(1)      Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
           (a)      Workers' Compensation Commission;
           (b)      Department of Transportation Commission; Reserved;
           (c)      Ethics Commission;
           (d)      Election Commission;
           (e)      Professional and Occupational Licensing Boards;
           (f)      Juvenile Parole Board;
           (g)      Probation, Parole and Pardon Board;
           (h)      Director of the Department of Public Safety;
           (i)            Board of the Department of Health and Environmental Control, excepting the chairman;
           (j)            Chief of State Law Enforcement Division;
           (k)      South Carolina Lottery Commission;
           (l)            Executive Director of the Office of Regulatory Staff; and
           (m)      Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Section 58-31-55 or 58-31-56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists.; and
           (n)      State Ports Authority."

SECTION      4.      Section 11-43-140 of the 1976 Code is amended to read:

     "Section 11-43-140.      The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman Secretary of the Department of Transportation Commission, ex officio; one director appointed by the Governor who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term."

SECTION      5.      Section 57-1-10 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:

     "Section 57-1-10.       For the purposes of this title, the following words, phrases, and terms are defined as follows:
     (1)      'Commission' means the administrative and governing authority of the Department of Transportation.
     (2)      'Department' means the Department of Transportation (DOT).
     (3)(2)      'Secretary of Transportation' means the Chief Administrative Officer of the Department of Transportation."

SECTION      6.      Section 57-1-40 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:

     "Section 57-1-40.      (A)      It is unlawful for a member of the commission or the Secretary of Transportation or an engineer, agent, or other employee, acting for or on behalf of the department or commission, to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
           (1)      money;
           (2)      contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
           (3)      political appointment or influence, present, or reward;
           (4)      employment; or
           (5)      other thing of value.
     A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.
     (B)      It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission or an engineer, agent, or other employee acting for or on behalf of the commission or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
           (1)      money;
           (2)      contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
           (3)      political appointment or influence, present, or reward;
           (4)      employment; or
           (5)      other thing of value.
     A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.
     (C)      The members and employees of the commission and employees of the department are subject to the provisions of Chapter 13, Title 8, the State Ethics Act, and the provisions of Chapter 78, Title 15, the South Carolina Tort Claims Act."

SECTION      7.      A. Subsections (A), (B)(1)-(7), and (C)-(O) of Section 57-1-370 of the 1976 Code are deleted.

B.      Section 57-1-370(B)(8) of the 1976 Code, as added by Act 114 of 2007, is amended to read:

     "(8)       when selecting projects to be undertaken from nontransportation management area metropolitan planning organizations' transportation improvement programs, or selecting the nonmetropolitan area projects to be undertaken that are included in the Statewide Transportation Improvement Program, and when consulting with metropolitan planning organizations designated as transportation management areas, the commission Secretary of Transportation shall establish a priority list of projects to the extent permitted by federal laws or regulations, taking into consideration at least the following criteria:
           (a)      financial viability including a life cycle analysis of estimated maintenance and repair costs over the expected life of the project;
           (b)      public safety;
           (c)      potential for economic development;
           (d)      traffic volume and congestion;
           (e)      truck traffic;
           (f)      the pavement quality index;
           (g)      environmental impact;
           (h)      alternative transportation solutions; and
            (i)      consistency with local land use plans; and
            (j)      obsolescence and deterioration.

SECTION      8.      Section 57-1-410 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:

     "Section 57-1-410.      The Governor shall appoint, with the advice and consent of the Senate, a Secretary of Transportation who shall serve at the his pleasure of the Governor. A person appointed to this position shall possess practical and successful business and executive ability and be knowledgeable in the field of transportation. The Secretary of Transportation shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriations act."

SECTION      9.      Section 57-1-430 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:

     "Section 57-1-430.      (A)      The secretary is charged with the following affirmative duty duties: to carry out the policies of the commission , to administer the day-to-day affairs of the department, to direct the implementation of the Statewide Transportation Improvement Program and the Statewide Mass Transit Plan, and to ensure the timely completion of all projects undertaken by the department, and routine operation and maintenance requests, and emergency repairs. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government. The secretary must prepare an annual budget for the department that must be approved by the commission before becoming effective.
     (B)      For each division, the secretary may employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriations act.
     (1)      carry out the policy of the department;
     (2)      represent the agency in its dealings with all other state, local, or federal agencies;
     (3)      administer the day-to-day operations of the department;
     (4)      prepare and direct the implementation of the Statewide Transportation Improvement Program;
     (5)      prepare and direct the implementation of the Statewide Mass Transit Plan;
     (6)      ensure the timely completion of projects undertaken by the department;
     (7)      prepare and submit to the General Assembly an annual budget request pursuant to Section 57-1-435;
     (8)      prepare and submit to the chairmen of the Senate Finance Committee and House Ways and Means Committee a quarterly cash flow analysis detailing the current obligations and available funds of the department;
     (9)      undertake routine operation and maintenance requests;
     (10)      undertake emergency repairs; and
     (11)      employ all necessary personnel to carry out the functions of the department including, but not limited to, an assistant secretary for engineering and one engineer for each transportation district."

SECTION      10.      Article 5, Chapter 1, Title 57 of the 1976 Code is amended by adding:

     "Section 57-1-435.      (A)      Among the other duties of the Secretary of Transportation, he is responsible for the development of a statewide multimodal transportation plan and the prioritizing of projects in that plan according to criteria established pursuant to Section 57-1-370(B)(8).
     (B)      The secretary shall utilize the priority list developed in the statewide multimodal plan for selecting projects for inclusion into the statewide transportation improvement program. The statewide transportation improvement program must be divided into improvement categories that include:
           (1)      pavement and reconstruction;
           (2)      federal match program for local participants;
           (3)      rural system program;
           (4)      urban system program;
           (5)      interstate programs;
           (6)      interstate program debt service;
           (7)      safety;
           (8)      congestion management and air quality;
           (9)      bridge replacement;
           (10)      federal lands;
           (11)      enhancements;
           (12)      planning; and
           (13)      any additional categories or criteria required by federal law or regulation.
     The secretary annually shall provide to the Governor and the General Assembly a priority listing of all federal-aid eligible projects, within their respective statewide transportation improvement program funding category, in accordance with the ranking criteria. The objective and quantifiable criteria for each category also must be consistent with the federal guidelines and eligibility requirements of the program category as defined in the most recent federal transportation authorization act and the statewide transportation improvement program. The annual statewide transportation improvement program funding allocations must be based on anticipated funding levels according to the most current federal transportation authorization act and adjusted each year through a congressionally approved federal appropriations act, continuing resolution, or other congressional action.
     (C)      The state-funded program must be divided into categories that include:
           (1)      maintenance and operations;
           (2)      pavement improvement and preservation;
           (3)      bridge replacements; and
           (4)      any additional categories or criteria required by federal law or regulation.
     The secretary annually shall provide the Governor and the General Assembly a priority listing within each category of all state-funded projects in accordance with the ranking criteria. Prior to submission, the district engineers shall review the state funded maintenance and construction projects to be included in the state funded program within their respective districts. The annual budget for the state funded program must be based on anticipated state source revenues.
     (D)      The General Assembly may not select or alter the priority of projects submitted by the secretary.
     (E)      All projects and operations of the department, including the statewide transportation improvement program, are to be funded and administered according to appropriated categories. Projects for which an appropriation of twenty million dollars or more is made in an annual general appropriations act or authorizations for projects funded by the State Infrastructure Bank in any dollar amount in an annual general appropriations act must be individually authorized or appropriated by the General Assembly in that annual general appropriations act.
     (F)      The ranking criteria must be based on the following elements:
           (1)      financial viability including a life cycle analysis of estimated maintenance and repair costs over the expected life of the project;
           (2)      public safety;
           (3)      potential for economic development;
           (4)      traffic volume and congestion;
           (5)      truck traffic;
           (6)      the pavement quality index;
           (7)      environmental impact;
           (8)      alternative transportation solutions;
           (9)      consistency with local land use plans; and
           (10)      obsolescence and deterioration.
     (G)      The project rankings priority lists for federal-aid eligible projects and for state-funded projects must be made publicly available on the department's website and copies furnished upon request. The posted lists must be updated as soon as possible after any changes are made by the department."

SECTION      11.      Section 57-1-490 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:

     "Section 57-1-490.      (A)      The department shall must be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds.
     (B)      The Materials Management Office of the State Budget and Control Board annually must audit the department's internal procurement operation to ensure that the department has acted properly with regard to the department's exemptions contained in Section 11-35-710. The audit must be performed in accordance with applicable state law, including, but not limited to, administrative penalties for violations found as a result of the audit. The results of the audit must be made available by October fifteenth to the Department of Transportation Commission, the Department of the Transportation's chief internal auditor, the Governor, the chairmen of the Senate Finance and Transportation Committees, and the chairmen of the House of Representatives Ways and Means and Education and Public Works Committees. The costs and expenses of the audit must be paid by the department out of its funds.
     (C)      The Legislative Audit Council shall contract for an independent performance and compliance audit of the department's finance and administration division, mass transit division, and construction engineering and planning division. This audit must be completed by January 15, 2010. The Legislative Audit Council may contract for follow-up audits or conduct follow-up audits as needed based upon the audit's initial findings. The costs of these audits, including related administrative and management expenses of the Legislative Audit Council, are an operating expense of the department. The department shall pay directly to the Legislative Audit Council the cost of the audits.
     (D)(C)      Copies of every audit conducted pursuant to this section must be made available to the Department of Transportation Commission, the Department of Transportation chief internal auditor, the Governor, the Chairmen of the Senate Finance and Transportation Committees, and the Chairmen of the House of Representatives Ways and Means and Education and Public Works Committees."

SECTION      12.      Article 1, Chapter 1, Title 57 of the 1976 Code is amended by adding:

     "Section 57-1-100.      The department shall submit to a biennial performance evaluation by the Legislative Audit Council. This performance evaluation must seek to determine how well the department and the secretary have carried out their duties as prescribed by law and specifically complied with the requirements of law relating to the prioritization of projects. The Legislative Audit Council shall deliver the results of this review to the General Assembly no later than the second Tuesday in February of every even-numbered year."

SECTION      13.      Section 57-3-20(1) of the 1976 Code, as last amended by Act 206 of 2010, is further amended to read:

     "(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."

SECTION      14.      Section 57-3-50 of the 1976 Code is amended to read:

     "Section 57-3-50.      The commission department may establish such highway districts as in its opinion shall be are necessary for the proper and efficient performance of its duties. The commission department, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as that may be necessary for the proper and efficient operation of the districts."

SECTION      15.      Section 57-1-500 of the 1976 Code, as added by Act 114 of 2007, is amended to read:

     "Section 57-1-500.      The secretary must provide for a workshop of at least two biennial contact hours concerning ethics and the Administrative Procedures Act for the commissioners, the secretary, the chief internal auditor, and senior management employees of the Department of Transportation; and a biennial ethics workshop of at least two contact hours for all other department employees."

SECTION      16.      Sections 57-1-310 through 57-1-360, Section 57-1-460, Section 57-1-470, Article 7, Chapter 1, Title 57 and Sections 6, 7, and 8 of Act 114 of 2007 are repealed.

SECTION      17.      This act takes effect upon approval by the Governor. /

Renumber sections to conform.
Amend title to conform.