H 4897 Session 109 (1991-1992)
H 4897 General Bill, By Phillips
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
12-27-1295 so as to authorize funds credited to the Strategic Highway Plan for
Improving Mobility and Safety Fund (SHIMS) to be used to match federal highway
funds; to amend Article 1, Chapter 11, Title 57, relating to finances of the
Department of Highways and Public Transportation, so as to provide that the
Department must process all vouchers for the payment of goods, services, and
personnel services through the Comptroller General's office; to amend Section
57-3-450, relating to the Secretary-Treasurer of the Department, so as to
change the name of the officer and provide for his appointment by the
Executive Director of the Department; to amend Section 57-3-460, relating to
the bond of the Secretary-Treasurer, so as to change the name of the officer;
to amend Section 57-3-470, relating to the State Highway Engineer, so as to
change the name of the officer and provide for his appointment by the
Executive Director of the Department and to repeal Section 2-63-10 relating to
the committee to review intrabudgetary transfers of funds of the Department of
Highways and Public Transportation.
05/28/92 House Introduced and read first time HJ-16
05/28/92 House Referred to Committee on Education and Public
Works HJ-16
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 12-27-1295 SO AS TO AUTHORIZE FUNDS
CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR
IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE
USED TO MATCH FEDERAL HIGHWAY FUNDS; TO AMEND
ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES
OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION, SO AS TO PROVIDE THAT THE
DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE
PAYMENTS OF GOODS, SERVICES, AND PERSONNEL
SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE;
TO AMEND SECTION 57-3-450, RELATING TO THE
SECRETARY-TREASURER OF THE DEPARTMENT, SO AS TO
CHANGE THE NAME OF THE OFFICER AND PROVIDE FOR HIS
APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT; TO AMEND SECTION 57-3-460, RELATING TO
THE BOND OF THE SECRETARY-TREASURER, SO AS TO
CHANGE THE NAME OF THE OFFICER; TO AMEND SECTION
57-3-470, RELATING TO THE STATE HIGHWAY ENGINEER, SO
AS TO CHANGE THE NAME OF THE OFFICER AND PROVIDE
FOR HIS APPOINTMENT BY THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT; AND TO REPEAL SECTION 2-63-10
RELATING TO THE COMMITTEE TO REVIEW
INTRABUDGETARY TRANSFERS OF FUNDS OF THE
DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 12-27-1295. When all funds available to the
Department of Highways and Public Transportation to match federal
highway funds are exhausted, not including `C' funds, and federal
highway funds would otherwise be lost, revenues credited to the
Strategic Highway Plan for Improving Mobility and Safety Fund
(SHIMS) established pursuant to Section 12-27-1260 may be used to
match federal highway funds. Revenues in the SHIMS fund not required
to match federal highway funds must be used for SHIMS projects that
are ineligible to receive federal highway funds."
SECTION 2. Article 1, Chapter 11, Title 57 of the 1976 Code is
amended to read:
"Article 1
General Provisions
Section 57-11-10. As used in this article:
(1) The expression `Accident claims,' as
used in this article, means all claims against the South Carolina
Department of Highways and Public Transportation
department as provided for by law, except contractual
claims.;
(2) The expression `Gasoline tax,' as
used in this article, includes taxes for the privilege of selling,
consigning, using, shipping, or distributing gasoline or any
substitute therefor substitutes or combination
thereof of them, usable in internal combustion engines
for the generation of power.
Section 57-11-20. All revenues and income expendable by the
Department may be consolidated into one fund to be known as the
"State Highway Fund," and, except as to moneys utilized by
the State Treasurer for the payment of principal or interest on State
highway bonds as authorized by Section 57-11-250, shall be paid out
upon the authority of the Commission, on warrants of the Department
approved by the Executive Director of the Department of Highways and
Public Transportation or such bonded officers or employees as may be
designated by the Executive Director of the Department of Highways
and Public Transportation, and in the manner, and only for the several
purposes, provided by law in respect to such funds. (A) All
revenues and monies dedicated by statute to the operation of the
department must be deposited into one fund to be known as the `State
Highway Trust Fund'. These funds must be held and managed by the
State Treasurer separate and distinct from the general fund, except
monies utilized by the State Treasurer for the payment of principal or
interest on state highway bonds as provided by law.
(B) Beginning July 1, 1993, the department must process all
payment for goods and services, including but not limited to
right-of-way acquisitions, through the Comptroller General's Office.
(C) Beginning January 1, 1994, the department shall process the
payment for all personnel services through the Comptroller General's
Office.
(D) For all capital improvement and permanent improvement
projects beginning on or after July 1, 1994, the department shall enter
detailed project numbers on all transactions submitted to the Comptroller
General.
(E) The Comptroller General may continue to make all deductions
from the compensation of employees that are authorized by the
department on the effective date of this section.
Section 57-11-30. The department may set aside and deposit in its
name a revolving fund, and all payments from such the
fund shall must be restored to the fund by vouchers
drawn on the Comptroller General against the Highways and Public
Transportation State Highway Trust Fund.
Section 57-11-40. Not more than sixty days prior to
before the beginning of each fiscal year
1992-93, the department shall make an estimate of the revenues
to be received by the department during such the fiscal
year, and after deducting therefrom from the revenues
the amounts required by the State Treasurer for the payment of the
principal and interest on state highway bonds due or falling due in
such the year, it shall estimate the amounts required for
the payment of the expenses of the department for such
the fiscal year, including all expenses for administration,
operation, collection of revenues, payment of accident claims,
and law enforcement. Beginning with fiscal year 1993-94, the
department must furnish the information required by this section to the
Budget and Control Board pursuant to Section 11-11-30.
Section 57-11-50. From the remainder of such the
revenues and receipts of such each fiscal year as
estimated pursuant to Section 57-11-40, after paying the sum
appropriated by said the section, there is hereby
must be appropriated a sum sufficient to maintain the highways
of the state highway system for such that year in a
sound and serviceable condition. Any surplus of such estimated
revenues and receipts for the fiscal year, including available balances
brought forward from previous years, is hereby appropriated for
the construction, reconstruction, and maintenance of state
highways and for the payment of other expenses of the department.
Section 57-11-60. The department, through June 30, 1993,
may issue duplicate checks, drafts, warrants, or vouchers upon
receipt of a competent indemnity bond executed by the payee and
guaranteed by a responsible person, and the department may also
may execute indemnity bonds when, necessary
to secure the issuance of duplicate checks payable to the department,
when the originals of which have been lost.
Section 57-11-70. The Beginning with the fiscal year
which ends June 30, 1993, the books and accounts of the
department shall must be audited at least once a year by
a certified public accountant or firm of certified public accountants,
to be designated by the Governor, and a report of the audit
shall must be made annually by October
fifteenth to the General Assembly. Certified public accountants
or firms shall submit proposals to the Governor's Office. The accountant
or firm must be selected from a list of the three lowest proposals
submitted to the Governor. The costs and expenses of such
the annual audit shall must be paid by the
department out of its funds.
Section 57-11-80. The General Assembly hereby approves,
ratifies, confirms and validates all outstanding indebtedness incurred for
highway purposes prior to June 13, 1951, including:
(1) All State highway certificates of indebtedness;
(2) All State highway bonds; and districts and bridge districts;
And directs the payment thereof, according to their tenor and
obligation, except that, in the case of reimbursement agreements
securing outstanding bonds or other obligations, the South Carolina
Department of Highways and Public Transportation may, in its
discretion, make payments due on account of such agreements directly
to the paying agent of the outstanding bonds or other such outstanding
obligations. The department shall adopt a budget in accordance
with Chapters 9 and 11 of Title 11 and specific provisions of Sections
57-11-40 and 57-11-50. Beginning July 1, 1993, the department is not
considered a lump sum agency.
Section 57-11-90. (1) The State Treasurer is
authorized to establish with any bank having a suitable trust department
an irrevocable trust for the payment of the principal and interest of all
State highway bonds to be outstanding on July 1, 1968, and to deposit
in the trust fund a sum equal to the aggregate of the principal and
interest requirements of the bonds. The trust may provide that it may be
invested and reinvested in obligations of the United States or any agency
thereof, but with maturities consonant with the need for funds, and any
income thereof not required for the payment of the principal and interest
of the bonds shall be remitted to the South Carolina Department of
Highways and Public Transportation annually and shall become a part
of its general highway fund. The trust instrument shall impose upon the
trustee thereof the duty to make the sums required for the payment of
principal and interest available to the paying agent of the outstanding
bonds not later than five days preceding the several principal and
interest payment dates. The State Treasurer shall be empowered to
execute any and all documents necessary to implement the authorization
granted by this section.
(2) When the trust authorized by subsection (1) of this section
shall become effective, all remaining funds in the sinking fund
established by Section 33-265 of the Code of Laws of South Carolina,
1962, shall upon request of the South Carolina Department of Highways
and Public Transportation be paid to and become a part of the general
highway fund of the South Carolina Department of Highways and Public
Transportation.
(3) Section 33-265 of the Code of Laws of South Carolina, 1962,
shall not apply to any State highway bonds and certificates of
indebtedness issued subsequent to July 1, 1968."
SECTION 3. Section 57-3-450 of the 1976 Code is amended to read:
"Section 57-3-450. There shall must be a
Secretary-Treasurer Director of Finance and
Administration of the department. The Secretary-Treasurer
who shall must be the fiscal and
administrative officer of the department,.
The Director of Finance and Administration who shall,
in addition to his the duties as fiscal and
administrative officer, must record the proceedings of the
commission. The Secretary-Treasurer shall Director of
Finance and Administration must be appointed by the
Commission to serve in office at the pleasure of the Commission
executive director of the department. His compensation
shall be fixed by the Commission. The Director of Finance and
Administration may receive compensation established under the
provisions of Section 8-11-160 and for which funds have been
authorized in the general appropriations act."
SECTION 4. Section 57-3-460 of the 1976 Code is amended to read:
"Section 57-3-460. The Secretary-Treasurer shall
Director of Finance and Administration, before entering upon
the duties of his office, shall give bond to the State in the sum
of fifty thousand dollars for the faithful performance of his
the required duties. He shall take and return the oath of
office as prescribed for all State officers."
SECTION 5. Section 57-3-470 of the 1976 Code is amended to read:
"Section 57-3-470. There shall must be a
State Highway Engineer. The State Highway Engineer shall be
is the administrative head of the engineering division and, as
such, shall direct directs the highway engineering work
of the department and the activities of said the
engineering division. The State Highway Engineer shall be
appointed by the Commission to serve in office at the pleasure of the
Commission must be appointed by the executive director of the
department. The State Highway Engineer may receive
compensation established under the provisions of Section 8-11-160 and
for which funds have been authorized in the general appropriations
act. His compensation shall be fixed by the Commission.
A person appointed to the position of State Highway Engineer
shall must be a competent professional
engineer registered in this State, skilled and experienced in
highway planning, design, construction, and maintenance,
and shall be an engineering graduate of a college or university with an
accredited course in engineering. The selection of the engineer may
be based upon a civil service examination, under rules and regulations
to be made and promulgated by the Commission
department. The Engineer shall take and return the oath of
office as prescribed for all State officers."
SECTION 6. Section 2-63-10 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.
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