South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Wednesday, February 12, 1992

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the Psalmist when he speaks to every age... Psalm 34 (v.8):

"O taste and see that the Lord is good!

Happy is the man(woman) that takes refuge in Him!"...

"The young lions suffer want and hunger; but

those who seek the Lord lack no good thing."
Let us pray.

Lord, God of the eons and the ages, send us to our posts with the faith you gave the psalmist... the vision you gave to your servant Moses... the wisdom you gave to Solomon... the courage you gave to Joshua... the insights you gave to St. Paul... that we may shudder before no problem, but face them squarely... seeing them with all their ramifications and consequences... and find satisfying solutions for all that pleases Thee... through Christ our Lord.

Amen.

Point Of Quorum

Senator J. VERNE SMITH made the point that a quorum was not present.

It was ascertained that a quorum was not present.

Call Of The Senate

Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martschink McConnell McGill
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson

The Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1453
Promulgated By Board of Nursing
Definitions of Terms and Requirements for Official Recognition
Received By Lt. Governor February 12, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 11, 1992

Doctor Of The Day

Senator GIESE introduced Dr. C. Tucker Weston of Columbia, Doctor of the Day.

MOTION TO RATIFY ADOPTED

At 11:05 A.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:10 A.M. on Thursday, February 13, 1992.

There was no objection and a message was sent to the House accordingly.

ELECTION OF A MEMBER

TO THE STATE REORGANIZATION COMMISSION

By prior motion, the Senate proceeded to hold an election to fill a vacancy on the State Reorganization Commission.

Senator DRUMMOND nominated Senator HINDS.

Senators LEVENTIS and HINSON seconded the nomination.

On motion of Senator WILLIAMS, the nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable DOUGLAS L. HINDS was elected to fill a vacancy on the State Reorganization Commission for a term prescribed by law.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1292 -- Senators Russell, Courtney, Reese, Wilson, Peeler and J. Verne Smith: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BETTY M. MOORE, FORMER DIRECTOR OF REGISTRATION AND ELECTIONS FOR SPARTANBURG COUNTY, WHO DIED ON WEDNESDAY, FEBRUARY 5, 1992.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1293 -- Senator Pope: A JOINT RESOLUTION TO PROVIDE THAT THE SALES AND USE TAX DOES NOT APPLY TO THE VALUE OF PARTS REPLACED UNDER WRITTEN MOTOR VEHICLE WARRANTY CONTRACTS REQUIRING CO-PAYMENTS ON WARRANTY WORK PERFORMED BEFORE OCTOBER 1, 1991.

Read the first time and referred to the Committee on Finance.

S. 1294 -- Senators Land and Courtney: A BILL TO AMEND SECTION 29-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STABLE OR KENNEL KEEPER'S LIEN FOR THE UPKEEP, REST, AND TRAINING OF A HORSE OR DOG, SO AS TO PROVIDE THAT THE LIEN IS ENFORCED BY PROCEEDINGS IN MAGISTRATE'S COURT, TO PROVIDE FOR THE PROCEDURE FOR ENFORCING THE LIEN, INCLUDING THE REQUIREMENT FOR A HEARING BEFORE AN ANIMAL MAY BE ORDERED SOLD AT AUCTION, TO PROVIDE THAT THE EXPENSES OF THE SALE WHICH MAY BE RECOVERED INCLUDE ATTORNEY'S FEES, TO REDUCE FROM SIXTY TO THIRTY DAYS THE TIME AFTER WHICH NOTICE IS GIVEN TO THE OWNER BEFORE A STABLE OR KENNEL KEEPER MAY ACT TO ENFORCE THE LIEN, TO PROVIDE THAT THE LIEN GRANTED BY THIS SECTION EXTENDS TO THE ANIMAL'S REGISTRATION CERTIFICATE, AND TO REQUIRE THE OFFICER CONDUCTING THE AUCTION SALE TO ISSUE THE PURCHASER A NOTARIZED BILL OF SALE WHICH ENTITLES THE NEW OWNER TO POSSESSION PLUS ANY BREED REGISTRATION CERTIFICATE FOR THE ANIMAL.

Read the first time and referred to the Committee on Judiciary.

S. 1295 -- Senators Wilson, Robert W. Hayes, Jr., Courtney, Pope, Russell and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED SPOUSE, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME.

Read the first time and referred to the Committee on Transportation.

Adopted

S. 1296 -- Senators Drummond, J. Verne Smith, Land, Setzler, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO APPROVE THE ACTIONS TAKEN BY THE BUDGET AND CONTROL BOARD TO OFFSET THE REDUCTION IN REVENUES IN FISCAL YEAR 1991-92.

Whereas, on February 10, 1992, the Board of Economic Advisors reduced further the revenue estimate for fiscal year 1991-92 to 3 billion, 385 million dollars; and

Whereas, the General Assembly recognizes the need to reduce the level of expenditure by state agencies by one percent in light of the Board of Economic Advisors' revised revenue estimate; and

Whereas, the General Assembly recognizes the austere fiscal situation impacting on school districts in this State; and

Whereas, there currently exists $38,156,141 in the General Reserve Fund to cover any revenue shortfalls at the end of the fiscal year 1991-92. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly approves the actions taken by the Budget and Control Board to offset the fifty-five million dollar reduction in revenues in fiscal year 1991-92 as follows:

(1) Difference from the 7-26-91

3% cut taken versus the BEA revenue

reduction of $148.2 million 19.7

(2) Radioactive waste surcharge

increase January-June 1992 19.6

(3) 1% across the board agency

set-aside; 32.9

exempt EFA partial (5.5)

(4) Reduce for the following agency

deficits:

(a) SC Department of Corrections (8.0)

(b) Department of Social Services (1.0)

(c) Other agencies (1.0)

(5) Total amount to apply to reduction $56.7

(6) BEA revenue reduction 2-10-92 (55.0)

(7) Balance remaining $1.7

Be it further resolved that a copy of this resolution be forwarded to the State Budget and Control Board.

Senator SETZLER moved that the Concurrent Resolution be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 43; Nays 0

AYES

Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Moore
Mullinax O'Dell Passailaigue Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson

TOTAL--43

NAYS

TOTAL--0

The Concurrent Resolution was adopted, ordered sent to the House.

Remarks By Senator DRUMMOND

Senator DRUMMOND, Chairman of the Senate Finance Committee, with unanimous consent, was granted leave to address the Senate regarding a report on the economy of the State.

With unanimous consent, the bell was rung to summon absent members to the Senate Chamber for the purpose of hearing the report.

Remarks By Senator SETZLER

Senator SETZLER, Chairman of the Senate Education Committee, with unanimous consent, was granted leave to address the Senate regarding the Resolution.

Point Of Personal Privilege

Senator PASSAILAIGUE rose to a Point of Personal Privilege.

Point Of Personal Privilege

Senator LEVENTIS rose to a Point of Personal Privilege.

H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.

Read the first time and referred to the Committee on Judiciary.

H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.

Read the first time and referred to the Committee on Education.

H. 4084 -- Rep. Harvin: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-14-342 IN CLARENDON COUNTY.

Read the first time and referred to the Committee on Transportation.

H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4356 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (ASHLEY RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4364 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FUNERAL SERVICES, RELATING TO EXAMINATIONS, CONTINUING EDUCATION, AND RECIPROCITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the General Committee.

H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORT OF STANDING COMMITTEE

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from Carolina's AGA to attend a Reception at the Embassy Suites on February 18, 1992, from 6:00-8:00 P.M.

The invitation was accepted.

CONCURRENCE

S. 1296 -- Senators Drummond, J. Verne Smith, Land, Setzler, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO APPROVE THE ACTIONS TAKEN BY THE BUDGET AND CONTROL BOARD TO OFFSET THE REDUCTION IN REVENUES IN FISCAL YEAR 1991-92.

The House returned the Concurrent Resolution with amendments.

On motion of Senator DRUMMOND, the Senate concurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1278 -- Senator Helmly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, ALSO KNOWN AS SANTEE COOPER, FOR FIFTY YEARS OF EFFICIENT, RELIABLE, AND DEDICATED SERVICE THAT HAS IMPROVED THE QUALITY OF LIFE IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 1292 -- Senators Russell, Courtney, Reese, Wilson, Peeler and J. Verne Smith: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BETTY M. MOORE, FORMER DIRECTOR OF REGISTRATION AND ELECTIONS FOR SPARTANBURG COUNTY, WHO DIED ON WEDNESDAY, FEBRUARY 5, 1992.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and ordered return to the House with amendments:

H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

(By prior motion of Senator GILBERT)

THIRD READING BILL

The following Joint Resolution was severally read the third time, passed and ordered sent to the House of Representatives:

S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Joint Resolutions having been read the second time were passed and ordered to a third reading:

S. 1288 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO WAREHOUSE SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1289 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO PUBLIC WEIGHMASTER LAW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1436, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1290 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1383, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILL

The following Joint Resolution having been read the second time was passed and ordered to a third reading:

S. 1286 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1438, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ADOPTED

H. 4381 -- Medical, Military, Public and Municipal Affairs Committee: A CONCURRENT RESOLUTION TO RECOMMEND THAT AGENCIES OF THE STATE OF SOUTH CAROLINA, IN COOPERATION WITH THE STATE AGENCY OF VOCATIONAL REHABILITATION, EMPLOY QUALIFIED PERSONS WITH HANDICAPPING CONDITIONS AS TEMPORARY AND PERMANENT EMPLOYEES.

The Concurrent Resolution was adopted, ordered returned to the House.

CARRIED OVER

S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator WILLIAMS explained the Bill.

On motion of Senator McCONNELL, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (NO5\7609.AL) proposed by Senators LAND, SHEALY, and MARTSCHINK and previously printed in the Journal of May 22, 1991.

On motion of Senator LEATHERMAN, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

AMENDED, AMENDMENT PROPOSED, CONSIDERATION

INTERRUPTED; THE BILL REMAINS IN THE

STATUS OF ADJOURNED DEBATE

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT 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 PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator LOURIE spoke on the Bill.

Amendment No. 11A

Senator WILLIAMS proposed the following Amendment No. 11A (RES494.57), which was adopted:

Amend the bill, as and if amended, page 11, line 40, in Section 57-2-10, as contained in SECTION 2, by striking after the word /Allendale,/ the words /Bamberg, Barnwell,/.

Amend the bill further, as and if amended, page 12, beginning on line 14, in Section 57-2-10, as contained in SECTION 2, by striking subsections (10) and (11) in their entirety and inserting therein:

/(10) District Ten is comprised of Berkeley, Charleston, and Dorchester counties; and

(11) District Eleven is comprised of Bamberg, Barnwell, Colleton, and Orangeburg counties./

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

Senator WILLIAMS spoke on the amendment.

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

ACTING PRESIDENT PRESIDES

At 11:55 A.M., Senator LAND assumed the Chair.

Leave Of Absence

On motion of Senator MOORE, at 12:20 P.M., Senator MARTIN was granted a leave of absence for the remainder of the day.

Amendment No. 14

Senators J. VERNE SMITH, McCONNELL, THOMAS and PASSAILAIGUE proposed the following Amendment No. 14 (BBM\9410.BD), which was tabled:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. The first paragraph of Section 12-27-400 of the 1976 Code, as last amended by Act 119 of 1987, is further amended to read:

"The monies collected by the commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation. However, a county may not receive less than eighty percent of the amount of the tax collected in that county."/

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

ACTING PRESIDENT PRESIDES

At 1:05 P.M., Senator MARTSCHINK assumed the Chair.

Senator BRYAN continued arguing contra to the adoption of the amendment.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator THOMAS argued in favor of the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 1:20 P.M., Senator LAND assumed the Chair.

Senator BRYAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 18

AYES

Bryan Drummond Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leventis
Macaulay Matthews McGill
Moore Mullinax O'Dell
Peeler Pope Saleeby
Smith, N.W. Washington Williams

TOTAL--21

NAYS

Courson Courtney Giese
Gilbert Leatherman Lourie
Martschink McConnell Passailaigue
Reese Rose Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

TOTAL--18

The amendment was laid on the table.

ACTING PRESIDENT PRESIDES

At 1:29 P.M., Senator MOORE assumed the Chair.

OBJECTION

Senator LOURIE asked unanimous consent to make a motion that Amendment No. 20B, proposed by Senators PASSAILAIGUE, McCONNELL, ROSE, LAND and MULLINAX be taken up for immediate consideration.

Senator HINDS objected.

Amendment No. 16

Senator LOURIE proposed the following Amendment No. 16 (RES494.49), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following to read:

/SECTION 1. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read:

"Article 1

Section 57-11-10. 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. 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 or combination thereof, 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 state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `State Highway Fund' and all federal revenues and federal monies must be deposited into the `Federal Aid Highway Fund'. These funds must be held and managed by the State Treasurer separate and distinct from the General Fund, except as to 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 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) Beginning July 1, 1994, the department shall process the payment of all capital improvement projects and permanent improvement projects through the Comptroller General's Office.

(E) The Comptroller General may continue to make deductions from the compensation of employees for the payment of premiums for life, hospital, and other types of insurance plans that are in force on the effective date of this act.

Section 57-11-30. The Department department may set aside and deposit in its name a revolving fund, and all payments from such fund shall be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund.

Section 57-11-40. Not more than sixty days prior to the beginning of each fiscal year 1992-93 the Department department shall make an estimate of the revenues to be received by the Department department during such fiscal year, and after deducting therefrom the amounts required by the State Treasurer for the payment of the principal and interest on State state highway bonds due or falling due in such year, it shall estimate the amounts required for the payment of the expenses of the Department department for such fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims, and law enforcement.

Section 57-11-50. From the remainder of such revenues and receipts of such fiscal year 1992-93 as estimated pursuant to Section 57-11-40, after paying the sum appropriated by said section, there is hereby appropriated a sum sufficient to maintain the highways of the State state highway system for such 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 state highways and for the payment of other expenses of the Department department.

Section 57-11-60. The Department department, until 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 department may also execute indemnity bonds when, necessary to secure the issuance of duplicate checks payable to the Department department, the originals of which have been lost.

Section 57-11-70. Beginning with the fiscal year which ends June 30, 1993, the The books and accounts of the Department department shall 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 be made annually by October fifteenth to the General Assembly. The costs and expenses of such annual audit shall be paid by the Department 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 the provisions of Chapters 9 and 11 of Title 11.

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 State Highway Department 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 State Highway Department be paid to and become a part of the general highway fund of the State Highway Department.

(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 2. Section 11-35-45(B) of the 1976 Code is amended to read:

"(B) All agencies and institutions of the State are required to comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grants Consortium shall process all payments for goods and services through the Comptroller's Office. Only the lump sum institutions of higher education and the Department of Highways and Public Transportation shall be responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work day period work-day-period."

SECTION 3. Section 2-63-10 of the 1976 Code is amended to read:

"Section 2-63-10. (1) There is hereby created a six-member committee to review the annual budget and the intrabudgetary transfers of funds of the Department of Highways and Public Transportation. Three members of the committee shall be members of the Senate Transportation Committee appointed by the chairman of that committee and three members shall be members of the House Education and Public Works Committee appointed by the chairman of that committee. Terms of the members shall be coterminous with their terms as Senators and members of the House of Representatives.

(2) Based on its review of the budget and intrabudgetary transfers of funds, the committee provided for in subsection (1) shall annually report to the General Assembly its recommendations as to needed legislation relating to such fund transfers. The first report of the committee shall be furnished to the General Assembly no later than April 1, 1982. The Highways and Public Transportation Commission shall assist and cooperate with the committee in the conduct of its budget review and fund transfer reviews.

(3) The Committee may establish dates for the submission of any information necessary to conduct a review pursuant to this section. Any review or recommendation made by the Committee must be completed prior to the time established by the Budget and Control Board under Section 11-11-20 for the department is required to make its annual budget request to the Budget and Control Board."

SECTION 4. Section 57-3-450 of the 1976 Code is amended to read:

"Section 57-3-450. There shall be a Secretary-Treasurer Director of Finance and Administration of the department Department. The Secretary-Treasurer who shall be the fiscal and administrative officer of the Department, department. The Director of Finance and Administration who shall must, in addition to his duties as fiscal officer, 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 and serve at the pleasure of the Executive Director of the department. His compensation shall be fixed by the Commission. He may receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the General Appropriation Act."

SECTION 5. Section 57-3-470 of the 1976 Code is amended to read:

"Section 57-3-470. There shall be a State Highway Engineer Director of State Highway Engineering. The State Highway Engineer shall Director of State Highway Engineering must be the administrative head of the engineering division and, as such, shall direct the highway engineering work of the Department department and the activities of said engineering division. The Engineer shall be appointed by the Commission to serve in office at the pleasure of the Commission Director of State Highway Engineering must be appointed by and serve at the pleasure of the Executive Director of the department. He may receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the General Appropriation Act. His compensation shall be fixed by the Commission. A person appointed to the position of State Highway Engineer shall Director of State Highway Engineering must be a competent engineer, 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 Director of State Highway Engineering 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 57-3-760 of the 1976 Code is amended to read:

"Section 57-3-760. The Department department shall, during each regular session of the General Assembly, make a full, printed, detailed report to the General Assembly showing an analysis of:
(a) the department's accomplishments in the past year; and
(b) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system,;
(c) a five-year plan detailing the regulation of traffic thereon which includes, the administration and enforcement of traffic, driver and motor vehicle laws and other laws relating to such subjects, the coordination of state and federal programs relating to public transportation mass transportation among the departments, agencies and other bodies politic and legally constituted agencies thereof in the State,;
(d) a listing of all firms, companies, or businesses of any type doing business with the department and the amount of such contracts entered into by the department; and
(e) an accounting aggregated by county of the receipts of gasoline taxes and motor vehicle license fees, disbursements of the Department department and such other data as may be of interest in connection with the work of the Department department."

SECTION 7. Sections 57-11-30, 57-11-60 and 57-11-70, as amended by this act, are repealed on July 1, 1993.

SECTION 8. Sections 57-11-40 and 57-11-50, as amended by this act, are repealed on July 1, 1992.

SECTION 9. Item (a) of Section 11-35-710 of the 1976 Code is repealed, and the remaining items relettered to conform.

SECTION 10. The Department of Highways and Public Transportation shall pay into the General Fund of the State a sum, as established by the annual General Appropriation Act, which shall be its proportionate share under the Statewide Cost Allocation Plan to the Office of the Comptroller General for the administration of services.

SECTION 11. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 20B

Senators PASSAILAIGUE, McCONNELL, ROSE, LAND and MULLINAX proposed the following Amendment No. 20B (RES494.84), which was adopted:

Amend the bill, as and if amended, by adding the appropriately numbered Section to read as follows:

/SECTION . Article 3, Chapter 11, Title 57 of the 1976 Code is amended to read:

"Section 57-11-210. The terms defined herein shall have the meanings hereinafter set forth:

(1) `Fiscal year' means the fiscal year upon which the affairs of the State of South Carolina are then being conducted. As of the date of this enactment it is that which begins on July first and ends on June thirtieth of the succeeding calendar year.

(2) `Fuel oil tax' shall mean the tax levied pursuant to Chapter 29, Title 12.

(3) `Gasoline tax' shall mean not less than 7.09 cents of the 8.09 cents per gallon tax imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 27 of Title 12, except Section 12-27-240. In the event that by legislation enacted subsequent to July 1, 1977, the tax imposed by Section 12-27-230 shall be increased to more than 8.09 cents per gallon, then in such event all of such increase shall be embraced within the definition `gasoline tax' as used in this section unless in the initial enactment subsequent to July 1, 1977, the General Assembly shall prescribe some other use for all or some portion of such increase in such tax.

(4) `Highway commission' `Commission' shall mean that agency of government now composed in accordance with the provisions of Articles 3 and 5 of Chapter 3, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the State Highway and Public Transportation Commission commission pursuant to the provisions of Chapter 3, Title 57.

(5) `Highway construction purposes' shall mean the construction of roads now or hereafter made a part of the State state highway system, or the reconstruction and improvement of highways now or hereafter made a part of the State state highway system.

(6) `Motor vehicle license tax' shall mean the annual tax imposed upon the owner of every motor and other vehicle pursuant to the provisions of Articles 5, 7, 21 and 25, Chapter 3, Title 56.

(7) `Road tax' shall mean the road tax imposed on motor carriers pursuant to Chapter 31, Title 12.

(8) `Sources of revenue' shall mean the gasoline tax, the fuel oil tax, the road tax and the motor vehicle license tax.

(9) `State board' shall mean the State Budget and Control Board of South Carolina.

(10) `State highway bonds' shall mean all general obligation bonds of the State of South Carolina designated as State state highway bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.

Section 57-11-220. Whenever it shall become necessary that moneys be raised for highway construction purposes, or construction and equipment of headquarters administrative facilities, including moneys to be used to refund any State highway bonds then outstanding, the Highway and Public Transportation Commission may make request to the State Board for the issuance of State highway bonds pursuant to this article. Such request may be in the form of a resolution adopted at any regular or special meeting of the Highway and Public Transportation Commission. Such request shall set forth (on the face thereof or by schedules attached thereto):

(1) The amount then required for highway construction;

(2) A tentative time schedule setting forth the period of time during which the sum requested will be expended.

(3) A debt service table showing the annual principal and interest requirements for all State highway bonds then outstanding.

(4) The amount of revenues derived from each of the sources of revenue during the preceding fiscal year; and

(5) The amount as estimated by the Highway and Public Transportation Commission which will be derived from the sources of revenue during the then current and the next ensuing fiscal years during which it is expected that the State highway bonds then sought to be issued will be outstanding, but in estimating the amount to be derived from the sources of revenue the Highway and Public Transportation Commission shall not assume that the revenues for the then current fiscal year or any future fiscal year will be more than five percent in excess of the actual sums derived from the sources of revenue in the preceding fiscal year, nor that in the sixth or subsequent years there will be any increase over the estimated revenues for the fifth fiscal year following the last completed fiscal year. State highway bonds issued for the purpose of highway construction or other such purposes of the department as the General Assembly may authorize shall be issued in accordance with the provisions of Chapter 17 of Title 11 of the 1976 Code, as amended, and Chapter 47 of Title 2 of the 1976 Code, as amended.

In addition to the requirements of Chapter 17 of Title 11 and Chapter 47 of Title 2 of the 1976 Code, the department shall, in each odd-numbered year, review the construction needs for the state highway programs. Upon conclusion of this review, the department shall recommend to the General Assembly, such projects for construction as it deems advisable to consider in the ensuing year. The department, in making its review and recommendations, shall consider socioeconomic and transportation factors to include but not be limited to: (1) per capita employment;

(2) farm aces per square mile;

(3) per capita income;

(4) population per square mile;

(5) existing interstate and primary road mileage per square mile;

(6) average daily traffic (ADT);

(7) roadway width;

(8) shoulder width;

(9) surface width;

(10) gradient;

(11) curvature;

(12) sight distance;

(13) truck traffic;

(14) economic benefit.

Section 57-11-230. Following the receipt of any request pursuant to Section 57-11-220, the State Board shall review the same and to the extent that it shall approve such request, it shall be empowered, by resolution duly adopted, to effect the issuance of State highway bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Sections 11-17-10 to 11-17-110, as amended.

Section 57-11-240. The outstanding aggregate principal indebtedness on account of State The maximum annual debt service on general obligation bonds issued or outstanding as state highway bonds shall not exceed the debt service limits established in Article X, Section 13 of the South Carolina Constitution one hundred fifty million dollars, exclusive of a maximum of seven million dollars of bonds that are hereby authorized for construction and equipment of headquarters administrative facilities. The limitation herein imposed shall not be deemed to be an obligation of the contract made between the State and the holders of bonds issued pursuant to this article, and the limitation herein imposed may be enlarged or reduced from time to time by acts amendatory hereof. Within such limitations State state highway bonds may be issued from time to time under the conditions prescribed by this article and as authorized under Section 2-7-105 of the 1976 Code, as amended.

Section 57-11-250. For the payment of the principal of and interest on all State state highway bonds (whether now outstanding or hereafter issued), there shall be pledged the full faith, credit and taxing power of the State of South Carolina and in addition thereto, but subject to the limitations hereafter set forth, all of the moneys derived from taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code the sources of revenue. All moneys realized from the sources of revenue which may be forthwith used by the State Treasurer, without further action of the Highway and Public Transportation Commission commission, for the payment of the principal and interest of State state highway bonds, as the same respectively mature.

Section 57-11-260. All revenue received from the sources of revenue during each fiscal year shall be discharged from the pledge made by Section 57-11-250 when payment, or provision for payment, has been made for all installments of principal or interest of all State highway bonds maturing in such fiscal year, and thereafter such moneys may be applied as hereinafter provided.

Section 57-11-270. The pledge of moneys monies derived from the sources of revenue set aside in the state highway bond fund shall not preclude the General Assembly from revising the quantum of any tax included in the sources of revenue, except that, so long as any State state highway bonds shall be outstanding, the gasoline tax shall be not less than the amount needed to fund the general operations budget of the department in addition to the tax levied and collected under the provisions of Section 12-27-1210 through 12-27-1240 of the 1976 Code, as amended greater of 5.67 per gallon, or the larger amount to which it shall be raised by legislation enacted subsequent to January 1, 1973, the fuel oil tax shall be not less than eight cents per gallon, the road tax not less than eight cents per gallon, and the schedule of motor vehicle license tax shall not be revised in such fashion as to reduce the aggregate to be received therefrom.

Section 57-11-280. In order to effect the issuance of bonds pursuant to this article, the State Board may adopt a resolution providing for the issuance of State state highway bonds and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver State state highway bonds in accordance with the terms and conditions of such resolution. Such resolution shall set forth the following:

(1) The the amount, denomination and numbering of State highway bonds to be issued;

(2) The the date as of which the same shall be issued;

(3) The the maturity schedule for the retirement of such State state highway bonds;

(4) The the redemption provisions, if any, applicable to such bonds;

(5) The the maximum rate or rates of interest the bonds shall bear which shall not be in excess of that permitted by Act 423 of 1969 as now constituted or as hereafter amended;

(6) The the purposes for which the bonds are to be issued;

(7) The the occasion on which bids shall be received for the sale of such bonds;

(8) The the form of advertisement of sale;

(9) The the form of the bonds of the particular issue; and

(10) Such such other matters as may be deemed necessary in order to effect the sale, issuance and delivery thereof.

Such resolution shall further set forth a finding on the part of the State Board that the revenues credited to the state highway bond fund actual receipts, for the preceding fiscal year, from the sources of revenue equaled or exceeded one hundred fifty percent of the maximum annual debt service requirements for all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding and that the estimate made by the Highway and Public Transportation Commission commission and approved by the State Board indicates that collections from the sources of revenue in the then current and in applicable future fiscal years, will not be less than one hundred fifty percent of maximum annual interest and principal requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding.

Section 57-11-290. If following a presentation of a certified copy of the resolution of the State Board it shall appear to the satisfaction of the Governor and the State Treasurer that:

(a) The the amount of revenues derived from the sources of revenue, during the preceding fiscal year, did in fact exceed one hundred fifty percent of the maximum annual principal and interest requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding; and

(b) That the estimated collections from the sources of revenue in the then current and in applicable future fiscal years, will be not less than one hundred fifty percent of the maximum annual debt service requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding, then the Governor and State Treasurer shall be empowered to issue bonds in accordance with the request of the resolution of the State Board.

Section 57-11-300. State highway bonds shall be issued in such form and with such provisions as to time, place or places and medium of payment as may be determined by the State Board, subject to the provisions of this article.

Section 57-11-310. State highway bonds shall each be in the denomination of one thousand dollars or some multiple thereof.

Section 57-11-320. State highway bonds issued pursuant to this article may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered in his name on the books of the State Treasurer as to principal only, or as to both principal and interest, and such principal, or both principal and interest, as the case may be, thus made payable to the registered holder, subject to such conditions as the State Board may prescribe. State highway bonds so registered as to principal in the name of the holder may thereafter be registered as payable to bearer and made payable accordingly.

State highway bonds may also be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds shall be subject to transfer under such conditions as the State Board shall prescribe. Such fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this section.

Section 57-11-330. State highway bonds shall bear interest, payable on such occasions as shall be prescribed by the State Board, at a rate or rates not exceeding the maximum prescribed by Act No. 423 of 1969, as such act is now constituted or as such act may hereafter be constituted following amendment or revision thereof. Each issue of State state highway bonds shall mature in annual series or installments, the first of which annual series or installments shall mature not more than two years after the date of the bonds and the last of which shall mature not more than twenty-five thirty years after such date. Such installments or series may be equal or unequal in amount. State highway bonds may, in the discretion of the State Board, be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. State highway bonds shall not be redeemable before maturity unless they contain a statement to that effect.

Section 57-11-340. All State state highway bonds issued under this article, and the interest thereon, shall be exempt from all State state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by the State of South Carolina, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate or transfer taxes.

Section 57-11-350. All state highway bonds issued under this article must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. All coupons that may be attached to state highway bonds must be authenticated by facsimile signature of the State Treasurer who is in office on the date which the state highway bonds bear or on the date on which the state highway bonds are converted into coupon bonds. State highway bonds so executed and authenticated are valid notwithstanding any changes in officers or seal occurring after the execution or authentication.

Section 57-11-360. State highway bonds may be privately placed as an investment of the State Retirement System, if the terms and conditions of such disposition shall be approved by resolution duly adopted by the State Board.

Otherwise, State state highway bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of State state or municipal bonds. The bonds shall be awarded to the highest bidder at a price of not less than par and accrued interest to the date of delivery, but the right shall be reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.

For the purpose of bringing about successful sales of such bonds, the State Board may do all things ordinarily and customarily done in connection with the sale of State state or municipal bonds. All expenses incident to the sales of such bonds shall be paid from the proceeds of the sale of such bonds.

Section 57-11-370. It shall be lawful for all executors, administrators, guardians and other fiduciaries and all sinking fund commissions, including the State Budget and Control Board of South Carolina in its capacities as trustee of the funds of the South Carolina Retirement System and as manager and administrator of other State state sinking funds, to invest any moneys monies in their hands in State state highway bonds.

Section 57-11-380. The proceeds of the sale of State state highway bonds shall be received by the State Treasurer and applied by deposited to the credit of the state highway bond fund account him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no wise be liable for the proper application of the proceeds to the purposes for which they are intended.

Section 57-11-390. The proceeds derived from the sale of State state highway bonds shall be applied only to the purposes for which the bonds are issued.

Section 57-11-400. There is established a separate and distinct state highway bond fund and a state highway bond fund debt service account. The revenue derived from the tax levied by Section 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be remitted to the State Treasurer to be credited to the state highway bond fund debt service account. The state highway bond fund and the state highway bond fund debt service account must be separate and distinct from the state general fund and other highway funds. The proceeds of all issuances of state highway bonds must be deposited to and must remain part of the state highway bond fund. All earnings on investments of any monies deposited to the credit of the state highway bond fund and the state highway bond fund debt service account must accrue to and be deposited in the respective account. Money from the state highway bond fund may be expended only for the purposes delineated in the resolution authorizing the issuance. The State Highways and Public Transportation Commission commission is authorized to make a request to the State Budget and Control Board for the authority to issue up to one hundred twenty-five million dollars in additional bonds pursuant to the this chapter provisions of Article 3, Chapter 11, Title 57 of the 1976 Code to be used exclusively for the Strategic Highway Plan for Improving Mobility and Safety Program. and These these bonds must be retired over a twenty-year thirty-year period from revenue generated by the additional taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code."

SECTION . Whenever the term Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety appears in the Code of Laws of South Carolina, it shall mean Highway Bond Fund. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION . Sections 12-27-1260, 12-27-1280, 12-27-1290, and 12-27-1300 are repealed.

SECTION . Upon the effective date of this act, the commission of the department must review all pending construction projects under the Strategic Highway Plan for Improving Safety and Mobility Program, including projects which have been let and projects which are under construction. From this review, the commission shall prepare a written report that details all such projects including the approximate location of the project and the estimated cost of completing such projects. The commission must issue this written report to the Joint Bond Review Committee and the Budget and Control Board. All funds not approved by the commission for the continuation of construction projects shall be transferred to the highway bond fund as established in Section 57-11-400 and all funds approved by the commission for the continuation of construction projects shall be transferred to the state highway fund to be used for the completion of such projects.

SECTION . Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in odd-numbered years. State highway bonds may be authorized by the General Assembly in even-numbered years."

SECTION . Item (a) of Section 11-17-10 of the 1976 Code is amended to read:

"(a) The term `bonds' shall mean general obligation bonds payable from ad valorem taxes, general obligation bonds additionally secured by any pledge of any assessments, or any pledge of revenues derived by the borrower from any revenue-producing facility, bonds payable solely from the revenues of any revenue-producing facility, and bonds payable solely from any assessments. The term `bonds' shall also include state highway bonds as defined pursuant to the provisions of Item (10) of Section 57-11-210 of the 1976 Code, as amended."

SECTION . Section 12-27-1270 of the 1976 Code is amended to read:

"Section 12-27-1270. Notwithstanding any other provision of law, the The first ten million dollars generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated and deposited into in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated fund balance of ten million dollars but not to exceed ten million dollars for the ensuing fiscal year.

The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model."/

Renumber sections to conform.

Amend title to conform.

Senator LAND argued in favor of the adoption of the amendment.

PRESIDENT PRESIDES

At 1:52 P.M., the PRESIDENT assumed the Chair.

Senator LAND argued in favor of the adoption of the amendment and Senator HINDS argued contra.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator LOURIE argued contra.

Senators ROSE and McCONNELL argued in favor of the adoption of the amendment.

Senator GIESE argued in favor of the adoption of the amendment.

Senator LOURIE argued contra to the adoption of the amendment.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator LAND argued in favor of the adoption of the amendment.

Senator LAND moved that the amendment be adopted.

Senator LOURIE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 6; Nays 33

AYES

Drummond Hayes, R.W. Hinds
Shealy Thomas Wilson

TOTAL--6

NAYS

Bryan Carmichael Courson
Courtney Giese Gilbert
Helmly Hinson Holland
Land Lourie Macaulay
Martschink Matthews McConnell
McGill Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Smith, J.V. Smith, N.W.
Stilwell Washington Williams

TOTAL--33

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Recorded Vote

Senator LOURIE desired to be recorded as voting in favor of the adoption of the amendment.

Recorded Vote

Senator FIELDING desired to be recorded as voting in favor of the adoption of the amendment.

Amendment No. 23

Senator HINSON proposed the following Amendment No. 23 (CYY\18828.SD), which was tabled:

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION . Any "C" Funds used to provide or generate state funds to match federal funds for highway purposes must be subtracted from the "C" Fund allocations to the county or counties wherein those matching funds are used or shall be used./

Renumber sections to conform.

Amend title to conform.

Senator HINSON argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.

Senator HINSON moved that the amendment be adopted.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Point Of Quorum

At 3:34 P.M., Senator HINSON made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Amendment No. 24

Senator HINSON proposed the following Amendment No. 24 (CYY\18829.SD), which was tabled:

Amend the bill, as and if amended, by adding a new section appropriately numbered to read:

/SECTION . Notwithstanding other provisions of this act or of law to the contrary, no "C" Funds may be used to provide or generate state funds to match federal funds for highway purposes without the approval of a majority of the county legislative delegation including the Senators./

Renumber sections to conform.

Amend title to conform.

Senator HINSON argued in favor of the adoption of the amendment.

Senator HINSON moved that the amendment be adopted.

Point Of Order

Senator GILBERT raised a Point of Order that Amendment No. 24 was out of order inasmuch as it was not germane.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 25B

Senator ROSE proposed the following Amendment No. 25B (RES494.86), which was tabled:

Amend the bill, as and if amended, by adding a new appropriately numbered SECTION to read:

/SECTION . Section 12-27-400 of the 1976 Code is amended by adding a sentence at the end of the section to read as follows:

"No road which essentially serves as a drive only to one or more private residences or private recreation areas may be paved using "C" Funds."/

Renumber sections to conform.

Amend title to conform.

Senator ROSE argued in favor of the adoption of the amendment.

Senator LOURIE moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

Senator THOMAS desired to be recorded as voting against the motion to table the amendment.

Amendment No. 19A

Senator ROSE proposed the following Amendment No. 19A (RES494.89), which was tabled:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Section 57-5-760 of the 1976 Code is amended to read:

"Section 57-5-760. The South Carolina Department of Highways and Public Transportation is hereby authorized, upon a vote of a majority of the members of the House of Representatives and a majority of the members of the Senate comprising a county legislative delegation, to enter into reimbursement agreements with the several counties of the State a city, a county, or the State for the construction or improvement of farm-to-market and secondary roads financed through the issuance of bonds or the incurrance of debt and reimbursed from funds accruing under the provisions of Section 12-27-400.

This reimbursement shall be made in annual installments, in amounts not exceeding the annual maturity principal on the bonds to be issued by the county, out of the apportionment of funds accruing for construction in the county under the South Carolina Department of Highways and Public Transportation's farm-to-market construction program, if so much thereof shall accrue for such construction in the county. The maximum annual debt service on the principal and interest on a bond issued or a debt incurred pursuant to this section shall not exceed fifty percent of the proceeds received from Section 12-27-400 for the fiscal year which the bond is issued or the debt is incurred. The South Carolina Department of Highways and Public Transportation shall not be obligated to the repayment to the county for any installment due under its reimbursement agreement unless sufficient amounts for such installments shall accrue to the credit of the county under the State farm-to-market construction program. The South Carolina Department of Highways and Public Transportation shall not be required to pay any interest to the county for funds turned over to the Department pursuant to the provisions of this section. If, during any year hereafter, the apportionment to which farm-to-market construction in the county is entitled exceeds the sum required to meet the annual installment of principal of the bonds in that year, then such excess shall be applied by the State Highway Department as if no reimbursement agreement had been entered into.

The reimbursement agreement shall be upon such other terms and conditions as may be mutually agreed upon by the Department department and the governing bodies of the several counties county, city, or state agency issuing the bonds or incurring the debt."/

Renumber sections to conform.

Amend title to conform.

Senator ROSE argued in favor of the adoption of the amendment and Senator STILWELL argued contra.

Senator ROSE moved that the amendment be adopted.

Senator STILWELL moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 3A

Senator FIELDING proposed the following Amendment No. 3A (JIC\6110.DW), which was tabled:

Amend the bill, as and if amended, in Article 3, Section 57-1-40, Article 1, as contained in SECTION 1, page 4, lines 39 through 42, by striking item (3) and inserting:

/(3) `Commission' means the Department of Transportation Commission./

Amend further in Section 57-1-50, Article 3, as contained in SECTION 1, page 6, lines 20 through 32, by striking commencing with /There/ and ending with /qualify/ and inserting:

/(A) The Congressional districts of this State are constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective districts. For each district there must be chosen in the manner and for the terms of office provided in this section a highway commissioner to be known as a district highway commissioner. One commissioner, upon the advice and consent of the Senate, must be appointed by the Governor from the State at large, whose term is coterminous with that of the Governor appointing. The commissioners so chosen constitute the Department of Transportation Commission.

(B) District highway commissioners must be chosen as provided in this section for a term of office of four years, which expires on April fifteenth of the appropriate year, except that those first elected to represent the first, third, and fifth districts shall serve for terms of two years and until their successors are elected and qualify. The legislative delegations representing the counties of each highway district shall meet upon written call of a majority of the members of the delegations of each highway district at a time and place to be designated in the call for the purpose of electing a highway commissioner to represent the highway district. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given highway district constitutes a quorum for the purpose of electing a district highway commissioner, but no person may be declared elected district highway commissioner who fails to receive a majority vote of the members of the Senate on the county legislative delegation and a majority vote of the members of the House of Representatives on the county legislative delegation from the highway district. The joint county legislative delegations of each highway district must be organized by the election of a chairman and a secretary, and the joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt the rules they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each highway district shall transmit immediately the name of the person elected to the Secretary of State, who shall issue to the person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each district highway commissioner serves until his successor is elected and qualifies./

Amend further in Section 57-1-70, Article 3, as contained in SECTION 1, page 8, lines 2 through 4, by striking /The persons nominated by the Governor for the office of commissioner must:/ and inserting /The person nominated by the Governor for the at-large seat must:/

Amend title to conform.

Senator FIELDING argued in favor of the adoption of the amendment.

Senator FIELDING moved that the amendment be adopted.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 5

Senator LONG proposed the following Amendment No. 5 (RES494.35), which was tabled:

Amend the bill, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Chapter 21, Title 57 of the 1976 Code is amended to read:

"Article 1

County Highway Improvement Authority

Section 57-21-10. In all counties in this State containing a city having a population of more than seventy thousand according to the most recent official United States census paving districts may be created and established in the manner, for the purposes and with the powers and duties provided in this chapter. This article may be cited as the County Highway Improvement Authority.

Section 57-21-20. Any area in any such county in this State which contains unimproved roads and streets, roads and streets in need of repair, or where there is a need for new construction aggregating not less than one-half mile and not more than ten miles may be constituted, created and established a paving district, may create and establish a `County Highway Improvement Authority' for the purposes and with the powers and duties provided in this chapter. A county highway improvement authority may be created, in one of the following manner manners:

(1) A petition must be signed by not less than five percent of the registered electors in the county and filed with the governing body of the county requesting the establishment of a county highway improvement authority. signed by a majority in number of the owners of record of the property lying within the area proposed to be included in the district shall be filed with the governing body of the county. The petition shall contain A referendum must be held containing a brief statement requesting that the area county be constituted a paving district and giving the boundaries of the same and the type of paving desired county highway improvement authority. and If the county highway improvement authority is created, a requesting that a special election referendum must be held in such paving district the county to vote upon the question of whether an ad valorem tax tolls, fees, and/or other such impact fees shall be levied upon the property in the county proposed paving district as may be necessary to provide a special fund to repay the cost of improving and paving the streets and roadways in the proposed paving district county. Upon the creation of a county highway improvement authority the county governing body shall transmit a certified copy of such petition to the Secretary of State.

(2) Upon the filing of such petition, the governing body of the county shall cause a survey and plat to be made of the proposed paving district and shall obtain estimates of the cost of improving and paving the streets and roadways which it is proposed to improve and pave in the district and, from such estimates, shall determine the approximate cost of such paving. The estimates and plat shall be filed with the governing body of the county.

(3) Within thirty days after the filing of the petition with the governing body of the county, the governing body shall hold a meeting to consider the petition, and if the governing body shall, in its judgment, determine that the public interest would be promoted by the paving of the streets and roadways in the proposed paving district, it shall adopt a resolution approving the petition; or if, in its judgment, it should determine that the public interest would not be promoted by paving such streets and roadways, it shall adopt a resolution disapproving the petition. If the governing body of the county shall disapprove of the petition, the proposed paving district shall not be created.

(2) The county governing body may create a county highway improvement authority by a favorable resolution of the county governing body. If the county governing body creates the county highway improvement authority, a referendum must be held to vote upon the question of whether the county highway improvement authority shall be authorized to levy tolls, fees and/or other such impact fees as may be necessary to provide a special fund to repay the cost of improving and paving the streets and roadways in the county. Upon the creation of a county highway improvement authority the county governing body shall transmit a certified copy of such resolution to the Secretary of State.

(3) The county legislative delegation may create a county highway improvement authority by a favorable resolution of the county legislative delegation. If the county legislative delegation creates the county highway improvement authority, a referendum must be held to vote upon the question of whether the county highway improvement authority shall be authorized to levy tolls, fees and/or other such impact fees as may be necessary to provide a special fund to repay the cost of improving and paving the streets and roadways in the district. Upon the creation of a county highway improvement authority the county legislative delegation shall transmit a certified copy of such resolution to the Secretary of State.

(4) Upon the adoption by the governing body of the county of a resolution approving the petition, the governing body shall forthwith transmit a certified copy of such resolution to the Governor of the State, who shall thereupon, upon the recommendation of a majority of the legislative delegation of such county, appoint three qualified electors or owners of record of property residing in the proposed paving district, who shall constitute the paving district commission of the district.

(5) Upon the appointment of the three commissioners by the Governor, he shall forthwith file a notice of such appointment with the Secretary of State, and from the time of the filing of such notice such paving district shall be created and shall constitute a body politic and corporate with perpetual succession and shall exercise and enjoy all the rights, privileges and immunities of such and be subject to the rules and regulations herein imposed.

Section 57-21-30. The terms of office of the commissioners so appointed shall be three years, two years and one year, respectively, from the date of their appointment and until their successors, who shall be appointed in like manner, shall have been appointed and qualified. They shall elect one of their number as chairman and one as secretary. In the event of a vacancy in the commission by reason of death, resignation or otherwise, such vacancy shall be filled for the unexpired term in the manner of the original appointment. The board of the county highway improvement authority shall consist of one member to be appointed from each House district in the county. The members of the board shall be appointed by the county governing body, with the advice and consent of the county legislative delegation. The appointed members of the board shall serve for four-year terms or until their successors have been appointed. The board shall elect from its membership, a Chairman, Vice-Chairman, and a Secretary-Treasurer to serve for two-year terms.

Section 57-21-40. Each district authority shall be known as the ` Paving District of County County Highway Improvement Authority,' and the words `Paving District of County Highway Improvement Authority' are to be preceded by a suitable proper name selected by the governing body of the county and to be followed by the name of the county in which the proposed paving district authority is located. And the commission shall likewise be designated by the same name with the word `Commission' inserted between the words `District' and `of.'

Section 57-21-50. Within ninety days after the creation of any such paving district the governing body of the county shall cause an election a referendum to be conducted by the county election commission. held in such district at At which time the question shall be submitted to the qualified electors in the district the question as to whether the county auditor shall levy and the county treasurer shall collect an annual levy of taxes tolls, fees, and/or impact fees within the county. The authority shall state in the question or questions to be presented on the referendum the type of tax or fees proposed and the number of mils needed or types of fees to be assessed district, the number of mills thereof to be determined by the county auditor and stated in the resolution of the governing body of the county ordering the election, to raise a special fund sufficient over a period of years, not in excess of twenty years, to repay pay the cost of paving the streets and roadways in the district authority, but not less than the amount required to pay the principal of, and interest on, any county bonds issued under the provisions of this chapter to finance such paving.

Section 57-21-60. The election referendum shall be held on such date within ninety days from the creation of the paving district and at such place or places within the district county as may be designated by the governing body of the county county election commission, and notice of the election referendum shall be given by posting notice thereof in three public places in the district county at least ten days before the election referendum and by publishing such notice one time at least ten days before the election referendum in a newspaper published in the county in which the district is located. The notice shall state the time, place or places and purpose of the election referendum and the amount of and purpose for which such annual levy of taxes tolls, fees, and/or impact fees is are to be imposed upon the taxable property in the district county.

Section 57-21-70. The governing body of the county election commission shall cause to be provided a box or boxes and appoint managers for such election referendum, the polls to open at eight A. M. and close at six P. M. The form of the ballots shall have written or printed thereon the words "For Paving Levy--Against Paving Levy." Those voting in favor of the annual levy of taxes shall scratch the words "Against Paving Levy," and those voting against the annual levy of taxes shall scratch the words "For Paving Levy."

Section 57-21-80. On closing the polls the managers shall count the ballots and shall make returns of the results of the election referendum with the original ballots cast and the tally sheets to the governing body of the county election commission who shall declare the results of the election referendum. The validity of the election referendum and correctness of the determination of the results thereof by the governing body of the county election commission shall not be open to question in any court except in a suit or proceeding commenced within thirty days after the date of the election referendum.

Section 57-21-90. If it shall be determined by the governing body of the county election commission that a majority of the legal votes cast in the election referendum have been cast in favor of such an annual levy of taxes tolls, fees, and/or impact fees, the governing body of the county may must issue bonds to defray the cost of the paving in the district, as provided in Section 57-21-100 and may must direct the imposition of such annual levy of taxes tolls, fees, and/or impact fees in the district county as provided in Section 57-21-140. But if it be determined that a majority of the votes are opposed to such annual levy of taxes, no bonds may be issued under Section 57-21-100 and such annual levy of taxes shall not be imposed.

Section 57-21-100. Not less than thirty ninety days after an election the referendum in which a majority of the legal votes cast shall be in favor of the proposed annual levy of taxes tolls, fees, and/or impact fees the governing body of the county may must issue negotiable coupon bonds of the county. in an amount not exceeding the approximate cost of the proposed paving as determined by the governing body of the county as hereinabove provided. Such bonds may be issued either as a single issue or from time to time time-to-time in separate issues as the may be determined by the authority's revenue sources governing body of the county may determine to be advisable.

Section 57-21-110. Each issue of bonds herein authorized shall mature at such time or times as the governing body of the county may determine, but in any event not more than twenty years from the date of issuance, shall bear such date and rate or rates of interest, shall be in such denominations and shall be payable annually or semiannually, in such manner and at such place or places, as the governing body of the county may provide in the resolution or resolutions authorizing the issuance of the same.

Section 57-21-120. The bonds shall be executed in the name of the county highway improvement authority in which the paving district is located by the chairman or the vice-chairman of the governing body of the county and by the treasurer of the county, and the official seal of the county shall be fixed to and impressed upon each of the bonds. The coupons attached to the bonds need not be authenticated otherwise than by the facsimile signature of the county treasurer. The bonds shall be designated as county highway improvement paving bonds.

Section 57-21-130. The bonds shall be sold by the governing body of the county at not less than par and accrued interest on sealed proposals after a publication of notice of sale one or more times in a newspaper designated by the governing body. The governing body shall reserve the right to reject all bids. In the event that all bids be rejected, it shall have the right to sell the bonds at private sale if a price in excess of the highest bid received in pursuance of the call for bids is obtainable or, in its discretion, to readvertise for sealed bids.

Section 57-21-140. Upon the issuance by the governing body of the county of bonds under this chapter such governing body shall forthwith direct the county auditor in writing to must impose annually thereafter in the district county the number of mills mils of the annual levy of taxes tolls, fees, and/or impact fees as voted on in the election held under Section 57-21-50., and the The county auditor, pursuant to such written direction, shall annually thereafter levy such number of mills mils on the dollar on all taxable property and/or other such fees in the district county until such levy shall have produced an amount equal to the amount required to retire the interest and principal of any outstanding the bonds., the The proceeds of such tolls, fees, and/or impact fees assessed which levy shall be placed by the county treasurer, when collected, in a special county highway improvement authority fund and used as herein provided.

Section 57-21-150. For the payment of the bonds, both principal and interest, as they may mature, there shall be pledged the full faith, credit and taxing power of the county issuing the same, and, until the principal and interest of any bonds issued under this chapter shall be fully paid., if the levy provided for by Section 57-21-140 shall be insufficient for the purpose, there There shall be levied annually by the county auditor on all taxable property in the paving district county and collected by the county treasurer thereof an additional sum sufficient to provide the amount necessary to pay such interest as it becomes due and to provide a sinking fund to pay such principal at the date or dates of maturity thereof, after the application to such purpose by the county treasurer of any moneys monies in said special fund. Such annual tax, and tolls, fees, and/or impact fees shall be levied and collected by the same officers and in the same manner as is now provided by law for the levy and collection of taxes for county purposes in the county. The money so collected shall be applied by and under the direction of the county treasurer to the payment of the principal and interest aforesaid, as they respectively become due., and pending such application such All unobligated money of the authority shall be deposited or invested by or under the direction of the county treasurer, until such time as the authority encumbers such funds.

Section 57-21-160. The bonds or fees issued hereunder to finance the county highway improvement authority paving in a paving district created pursuant to this chapter shall be paid by the county treasurer, both interest and principal, from the special fund made up of the proceeds of the annual levy of taxes, tolls, fees, and/or impact fees in such district the county.

Section 57-21-170. The proceeds of the sale of bonds or fees as provided by this chapter shall be kept by the county treasurer as a separate fund and shall be paid out only under orders and warrants of the governing body of the chairman or secretary-treasurer of the county highway improvement authority for the purposes specified in this chapter.

Section 57-21-180. The proceeds of the bonds or fees shall be used by the governing body of the county highway improvement authority, upon the request and recommendation of the paving district commission, for procuring, purchasing and leasing all necessary equipment, for purchasing any necessary materials or supplies, for grading, improving, draining, treating and paving unpaved roads and streets in the paving district county and for any other expenses legitimately connected with organizing and operating the paving district county.

Section 57-21-185. To meet the expenses of operation and maintenance, the authority shall each year make up an estimate or budget for the authority, which shall give the estimated maintenance and expenses for the succeeding year and shall submit it to the county legislative delegation for approval and adoption. Any surplus or deficit that may occur in any one year shall be carried forward and applied to the next year's account and properly considered in the budget for the expenses of the district for the ensuing year.

Section 57-21-190. After the issuance of bonds to finance paving in any paving district created under this chapter and from the proceeds thereof, the governing body of the county, upon the request and recommendation of the paving district commission, may The county highway improvement authority may:

(1) Procure by purchase, lease, loan or otherwise any necessary equipment and acquire by purchase or otherwise any necessary materials and supplies to grade, improve, drain and pave, with such materials and in such manner as in its discretion is for the best interest of the district county, having due regard to the use reasonably to be expected, any and all unpaved streets and roads in such district the county;

(2) Purchase, lease, hold and sell such real estate and easements as it may deem necessary;

(3) Accept gifts, and grants, and make such contracts in relation to the same as may be proper and necessary other monies so appropriated;

(4) Make any and all contracts that it may deem necessary to carry out the provisions of this chapter;

(5) Employ such engineering, office and clerical help and other employees as it may deem necessary and fix the compensation of such employees;

(6) Enter into contracts, arrangements or agreements with the department, the sanitary and drainage commission of such county or such other public or quasi-public bodies, authorities, commissions or officers, one, more or all, for the maintenance and upkeep of such streets and roads and for the carrying out of any of the purposes of this chapter or the performance of any of the matters and things herein authorized and give such sanitary and drainage commission of such county or such other public or quasi-public bodies, authorities, commissions or officers, one, more or all, such authority in the paving district county to work any of the streets in the same as may be necessary to enable such work to be done; and

(7) In general do all things necessary and proper for the purpose of providing for the paving, grading, improving or treatment of any or all of the streets and roads in the paving district county as may in its judgment be to the best interest of the paving district.

Section 57-21-200. The governing body of the county highway improvement authority may, in order to carry out the purposes of this chapter, condemn land, rights-of-way, and easements, whether they are owned by private corporations or individuals.

Section 57-21-210. The governing body of the county highway improvement authority shall advertise for bids for at least thirty days in one or more newspapers published in the county in which the paving district is located for all work to be done and the material to be used in constructing, grading, treating and paving any streets or roadways in the paving district and for equipment to be used in connection therewith, with the right reserved to reject any and all bids, and shall enter into contracts with the lowest responsible bidder therefor and secure competent persons, if deemed advisable, to superintend the work and to counsel and advise in all matters relating thereto.

Section 57-21-220. The governing body of the county highway improvement authority shall keep a separate permanent record as to each such paving district of its proceedings, contracts and other matters done and performed by it, including an accurate plan of the work done and all moneys monies and funds received and disbursed by it. Each such separate permanent record shall be open at all times to the public inspection of any resident or freeholder of the paving district."/

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Section 12-27-400 of the 1976 Code is amended by adding at the end of the section the following:

"If a county highway improvement authority is established, pursuant to Chapter 21 of Title 57, the county legislative delegation may by majority vote direct the department to annually disburse to the county highway improvement authority such monies as collected pursuant to Section 12-27-240 and as distributed pursuant to Section 12-27-400."/

Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read as follows:

/SECTION . Section 12-27-380 of the 1976 Code is amended by adding at the end of the section the following:

"If a county highway improvement authority is established, pursuant to Chapter 21 of Title 57, the county governing body may by majority vote direct the department to annually disburse to the county highway improvement authority the one cent per gallon tax which is distributed to the county pursuant to this Section."/

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

Senator LOURIE moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 21A

Senators BRYAN, LEVENTIS and SETZLER proposed the following Amendment No. 21A (RES494.88):

Amend the bill, as and if amended, by striking SECTION 1 through SECTION 21 and inserting the following in lieu thereof:

/SECTION 1. Chapter 1, Title 57 of the 1976 Code is amended to read:

"CHAPTER 1

Article 1

Section 57-1-10. The terms `highway', `street' and `road' as used herein shall be general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right of way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures and all other facilities commonly considered component parts of highways, streets or roads. The term `roadway' shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term `roadway' as used herein shall refer to any such roadways separately but not to all such roadways collectively. The term `public transportation' shall mean every conveyance of human passengers by bus, van or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular aand continuing basis.

Wherever the term `South Carolina State Highway Department' or `State Highway Department' or `Highway Department' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `South Carolina Department of Highways and Public Transportation'.

Wherever the term `State Highway Commission' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `State Highway and Public Transportation Commission'.

Wherever the term `Chief Highway Commissioner' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `Executive Director of the Department of Highways and Public Transportation'. (A) The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Aeronautics, a Division of Highways and Administration, and a Division of Public Railways. Each division of the Department of Transportation shall have such functions and powers as provided for by law.

(B) All functions, powers, and duties provided by law to the South Carolina Aeronautics Commission and the Public Railways Commission, its officers or agencies are hereby transferred to the Department of Transportation. All records, property, personnel, and unexpended appropriations shall be transferred to the control of the Department of Transportation. All rules, regulations, standards, orders or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

Section 57-1-20. The assent of the State is hereby given to the terms and provisions of an act of Congress, approved July 11, 1916, entitled "An Act to Provide that the United States Shall Aid the States in the Construction of Rural Post Roads and for Other Purposes," and acts amendatory thereof and any other act providing for Federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said Federal act, so as to acquire the benefits thereof.

Section 57-1-30. The South Carolina Department of Highways and Public Transportation may number and renumber State highways whenever it considers it necessary or desirable. This specifically authorizes the change in the numbers of routes as numbered by the State Highway Act of 1924, known as the Pay-As-You-Go Act, and other acts designating highways by numbers. The authority herein given to the Department to renumber the highways mentioned and described in the Highway Act of 1924, commonly known as the Pay-As-You-Go Act, and all other acts shall not in any way relieve the Department in the construction of the roads mentioned and described therein. The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.

Section 57-1-40. All names given prior to June 13, 1951 to highways or bridges pursuant to legislative action shall be retained. For the purposes of this title, the following words, phrases, and terms are defined as follows:

(1) `Administrative Highway District' means the geographic area that the commission designates as a highway district.

(2) `Commission' means the governing body of the Department of Transportation.

(3) `Department' means the Department of Transportation.

(4) `District' means the congressional district from which a commissioner is elected to the commission.

(5) `District Director' means an employee of the department who is assigned to and responsible for the day-to-day management and supervision of the operation of the department's services, personnel, and administrative activities, including budgeting, procurement, records management, and payroll in an administrative highway district, except that supervision of law enforcement personnel shall be under the director of law enforcement.

(6) `Secretary of Transportation' means the chief administrative officer of the Department of Transportation.

Section 57-1-45. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Highways and Public Transportation must be reimbursed all expenses incurred by the Department to implement the dedication.

Reimbursement for expenses incurred by the Department must first be approved by a majority of each county legislative delegation in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary "C" Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars.

Reimbursement for expenses incurred by the Department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the Department.

Section 57-1-50. The State Electrician shall permit the Department to use so much of the surplus current as is referred to in the preamble of Act No. 1194 of the 1930 Acts for the purpose of lighting the Congaree River bridge, until such time as the State shall need such surplus current for the purposes of State institutions. No contractual obligation is hereby assumed by the State for the purpose of lighting said bridge, and this section is intended to permit the use of such surplus current only until it is needed by the State. No funds of the Department shall in any way be involved in lighting said bridge, other than to maintain the lighting structures already erected on said bridge. The maintenance of such lighting structures shall be provided by the Department as other maintenance for the bridge. The State Electrician shall not make any charge for the use of such current, any law or rule to the contrary notwithstanding. The State Electrician shall discontinue the lighting of said bridge at such a time as it may appear to the State Electrician that the State needs the current for ordinary purposes of the State. The commission is vested with the exclusive authority to establish design criteria, construction specifications, and standards required to construct and maintain highways and bridges, public airports as provided for in Chapter 5 of Title 55, and public railways as provided for in this title.

Section 57-1-60. Whoever, being a member of the State Highway and Public Transportation Commission or engineer, agent or other employee, acting for or in behalf of the Department or Commission, shall accept or agree to accept, receive or agree to receive or ask or solicit, either directly or indirectly, and any person who shall give or offer to give or promise or cause or procure to be promised, offered or given, either directly or indirectly, to any member of the Commission or any engineer, agent or other employee acting for or on behalf of the Commission or Department (a) any moneys, (b) any contract, promise, undertaking, obligation, gratuity or security for the payment of money or for the delivery or conveyance of anything of value, (c) any political appointment or influence, present or reward, (d) any employment or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned in the Penitentiary not less than one nor more than five years and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this State. The commission must provide for the necessary planning, construction, maintenance, and operation of an integrated statewide air, rail, and highway transportation system for the economical and safe transportation of people and goods. The commission must carry out its duties consistent with the desires of the State as a whole and it must not sacrifice the general statewide interest to purely local desires of any particular area.

Article 3

Section 57-1-70. The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the State's highway safety program and is further charged with the duty of contracting and doing all other things necessary in behalf of this State under the National Highway Safety Act of 1966, and, in so doing, to work with Federal and State agencies, agencies private and public, interested organizations, and with individuals to effectuate the purposes of that enactment. The Governor shall be the official of this State having the ultimate responsibility for dealing with the Federal Government with respect to programs and activities pursuant to the National Highway Safety Act of 1966. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions relating thereto. No member of the commission, employee of the department, or agent of the department, acting for or in behalf of the department or commission, shall accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, and any person who shall give or offer to give, or promise or cause or procure to be promised, offered or given, either directly or indirectly, to any member of the commission, employee of the department or agent of the department acting for or in behalf of the commission or department: (a) any monies, (b) any contract, promise, undertaking, obligation, gratuity or security for the payment of money or for the delivery or conveyance of anything of value, (c) any political appointment or influence, present or reward, (d) any employment, or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not less than one nor more than five years and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this State.

Section 57-1-80. Notwithstanding any other provisions of law, the South Carolina Department of Highways and Public Transportation may, in its sole discretion, grant to churches the right to cross over, under, along and upon any of the public roads or highways and rights-of-way related thereto.

Section 57-1-90. Notwithstanding any other provision of law, signs not exceeding three feet by four feet may be placed on highway rights-of-way outside of a community designating the community as a Crime Watch Area if the governing body of the county where the signs are placed passes an ordinance authorizing the signs in accordance with Department of Highways and Public Transportation regulations.

Section 57-1-100. The Department, at the request of a municipal or county council, may erect `Deaf Child--Caution' signs in residential areas where they are deemed to be needed.

Section 57-1-110. Before a county or municipal corporation may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances. Provided, however, a county council or city council may, in its discretion, waive the requirement of an affidavit under this section.

A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

For the purposes of this section, a `newly-constructed road' is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road."

SECTION 2. Title 57 of the 1976 Code is amended by adding:

"CHAPTER 2

Section 57-2-10. The congressional districts of this State are constituted and created districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. For each district there must be chosen in the manner and for the terms of office provided in this article two commissioners to be known as district highway commissioners. Any county that is divided between two or more congressional districts, for purposes of appointment of district highway commissioners, shall be considered to be in the district that has the most of that respective county's population.

There shall be one commissioner selected from the State at large, upon the advice and consent of the Senate, who must be appointed by the Governor, and whose term is coterminous with that of the Governor appointing. The commissioner appointed by the Governor shall serve as Chairman of the commission. The commissioners so chosen constitute the Commission of the Department of Transportation.

The terms of the members of the State Highways and Public Transportation Commission serving on this act's effective date end when the commission members are elected or appointed and qualify pursuant to this Article.

Section 57-2-20. District commissioners must be elected by the legislative delegation of each congressional district for a term of office of four years, which expires on April fifteenth of the appropriate year. The terms of the initial members of the commission elected by the legislative delegations pursuant are as follows:

(1) commissioners elected to represent Seat A in each congressional districts: two years;

(2) commissioners elected to represent Seat B of each congressional districts: four years.

Candidates must declare for Seat A or Seat B in each District. No county within a highway district shall have a resident commissioner for more than one consecutive term and in no event shall any two commissioners from the same county serve simultaneously. The legislative delegations representing the counties of each district shall meet upon written call of a majority of the members of the delegations of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the legislative delegation from a given district constitute a quorum for the purpose of electing a district commissioner. No person may be elected district commissioner who fails to receive a majority vote of the members of the legislative delegation.

The legislative delegation must be organized by the election of a chairman and a secretary, and the legislative delegations of each district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the legislative delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as district commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.

Section 57-2-30. Any vacancy as district commissioner occurring by death, resignation or removal shall be filled by election in the manner provided in Section 57-2-20 for the unexpired term only. Any vacancy as district commissioner occurring or approaching on account of the expiration of the term of office may be filled by election as provided in this section at any time within sixty days prior to the expiration of such term of office or afterwards.

Section 57-2-40. A qualified elector of the district may be elected to represent that district on the commission. Failure by a commissioner to maintain his residency in the district for which he is elected shall result in the forfeiture of his office.

Section 57-2-50. Each commissioner must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act.

Section 57-2-60. The commission must select a vice-chairman and a first vice-chairman to serve for two year terms. The commission shall adopt its own rules and procedures. The Director for Finance and Administration must act as secretary to the commission.

Section 57-2-70. The commission may adopt an official seal for use on official documents of the department."

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

"Article 1

Section 57-3-10. There is hereby established as an administrative agency of the state government the South Carolina Department of Highways and Public Transportation. Its functions and purposes shall be the systematic planning, construction, maintenance and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and other laws relating to such subjects, the coordination of all state and federal programs relating to public transportation among the departments, agencies and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the Department shall not be charged with any duties or responsibilities delegated by law to the Public Service Commission. The Division of Highways and Administration shall have as its functions and purposes the systematic planning, construction, maintenance and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and other laws relating to such subjects, the coordination of all state and federal programs relating to mass transit among departments, agencies and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the department shall not be charged with any regulatory duties or responsibilities delegated by law to the Public Service Commission.

Section 57-3-20. The Department is governed by the State Highways and Public Transportation Commission and the Executive Director of the Department of Highways and Public Transportation. The Division of Highways and Administration must be divided into such bureaus as the commission may prescribe but must consist of the following principal bureaus: finance and administration; construction, engineering and planning; motor vehicle; law enforcement; inspection, certification, compliance, permits, and enforcement; and mass transit. The commission may establish other bureaus, or ancillary or service bureaus as may be necessary for the efficient and economical operation of the division and to carry out the functions and purposes of the division.

Section 57-3-30. A. The Department must be divided into such divisions as the Commission or the Executive Director of the Department of Highways and Public Transportation may prescribe but shall consist of at least four principal divisions; one of which shall be the engineering division, another the motor vehicle division, another the law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other ancillary or service divisions may be set up by the Department as may be necessary for the efficient and economical operation of the Department and to carry out the functions and purposes of the Department. The Department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.

B. The Department is authorized to develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the Department, provide assistance, data, and advice upon request. The Division of Highways and Administration within the Department of Transportation has the following duties and powers:

(1) lay out, build, and maintain public highways and bridges;

(2) acquire such lands and road building materials and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation;

(3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State;

(4) number or renumber state highways;

(5) initiate and conduct such programs and pilot projects to further research and development efforts, and promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and public transportation;

(6) cooperate with the federal government in the construction of federal-aid highways, in the development of improved mass transit service, facilities, equipment, techniques and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;

(7) instruct, assist, and cooperate with the agencies, departments and bodies politic and legally constituted agencies of the State in street, highway, traffic and mass transit matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system;

(8) carry out highway and mass transit safety programs;

(9) license and register motor vehicles and administer the collection of license and registration fees and penalties;

(10) examine and license motor vehicle drivers;

(11) engage in driver training and safety activities;

(12) enforce the traffic, motor vehicle and related laws;

(13) promulgate such rules and regulations for the administration and enforcement of the powers delegated to the department by law, which rules and regulations shall have the full force and effect of law upon filing in accordance with the Administrative Procedures Act;

(14) grant churches the right to cross over, under, along, and upon any public roads or highways and rights-of-way thereto;

(15) erect such signs as may be requested by a local governing body, if the department deems the signs necessary for public safety and welfare, including `Deaf Child' caution signs and `Crime Watch Area' signs; and

(16) do all other things required or provided by law.

Section 57-3-35. It is the sense of the General Assembly that the Department of Highways and Public Transportation should comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations.

Section 57-3-40. There is hereby created a division for erosion control which will operate under the supervision and control of the South Carolina Department of Highways and Public Transportation. The division shall be charged with research of methods of combatting erosion and of devising such means as will arrest the erosion of the shore line of the State, and of putting into effect the necessary controls. The commission may establish such administrative highway districts within the Division of Highways and Administration as in its opinion shall be necessary for the proper and efficient performance of its duties. Every ten years the commission must review the number of districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts.

Section 57-3-50. The South Carolina Department of Highways and Public Transportation shall organize the division to perform the duties required by Section 57-3-40, and is authorized to employ such professional and clerical assistance as may be necessary, consistent with such appropriations as may be provided by law for this purpose. The commission must develop a general mass transit program and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of mass transit systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities must cooperate with the department, provide assistance, data, and advice upon request and must reimburse any such entity necessary cost in the event of any expense.

The term `mass transit' shall mean every conveyance of human passengers by bus, van, or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular and continuing basis.

Section 57-3-60. The Department of Transportation should comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to effectuate and ensure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations."

SECTION 4. Article 5, Chapter 3, Title 57 of the 1976 Code is amended to read:

"Article 5

Section 57-3-410. The Executive Director of the Department of Highways and Public Transportation shall be appointed by the State Highway and Public Transportation Commission to serve for a four-year term. A person appointed to this position shall be a citizen of practical and successful business and executive ability. His compensation shall be fixed by the Commission. The right to remove or discharge a person holding the position of Executive Director of the Department of Highways and Public Transportation shall be reserved to the Commission. The Secretary of the Department of Transportation shall be appointed by the Governor from a list of three qualified individuals nominated by the commission. The secretary shall serve at the pleasure of the commission.

Section 57-3-420. The Executive Director of the Department of Highways and Public Transportation shall take and return the oath of office as prescribed for all State officers. Immediately upon qualification for office he shall give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties. (A) The secretary is the executive and administrative head of the Department of Transportation. He must carry out the policies established by the commission and administer the affairs of the department. The secretary may exercise all powers belonging to the commission, within the guidelines and policies established by the commission, when the commission is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.

(B) The secretary may employ such personnel as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.

Section 57-3-430. The Executive Director of the Department of Highways and Public Transportation shall be the executive and administrative head of the South Carolina Department of Highways and Public Transportation. He shall carry out the policies defined by the State Highway and Public Transportation Commission and shall administer the affairs of the Department. When the Commission shall not be in session, the said Executive Director of the Department of Highways and Public Transportation shall have and may exercise all powers belonging to the Commission. The secretary must appoint two deputy secretaries, each of whom shall serve at his pleasure. The compensation of the deputy secretaries must be established in accordance with state law and regulation. Within the Division of Highways and Administration the secretary shall designate that:

(A) One deputy secretary is responsible for the operation and management of administrative highway districts, including the implementation of uniform policies, rules, procedures, and standards in order to ensure that each administrative highway district uses its resources in an efficient and effective manner. He is responsible for each district director and must annually develop a needs assessment plan for administrative district offices to be reviewed by the commission; and

(B) The other deputy secretary is responsible for the management of each bureau, including establishing uniform policies, rules, procedures, and standards in order to ensure uniform compliance and quality performance. He is the direct supervisor of each bureau director and must annually develop a needs assessment plan for each bureau which must be reviewed by the commission. If the secretary is unable, absent, or fails to perform his required duties, he must perform the duties of the secretary.

Section 57-3-440. The Executive Director of the Department of Highways and Public Transportation may appoint such assistants, deputies and employees as he considers necessary to the proper administration of the affairs of the Department and may prescribe their duties, powers and functions. The secretary must appoint a district director for each administrative highway district. The compensation of the district directors must be established in accordance with state law and regulation. The district director is the chief administrative officer of an administrative highway district and serves at the pleasure of the secretary. He is responsible for coordinating and managing all aspects of the division's operations at the administrative highway district level, including personnel, budgeting, and strategic planning, except as limited by Section 57-1-40(5). Section 57-3-450. There shall be a Secretary-Treasurer of the Department. The Secretary-Treasurer shall be the fiscal officer of the Department, who shall, in addition to his duties as fiscal officer, record the proceedings of the Commission. The Secretary-Treasurer shall be appointed by the Commission to serve in office at the pleasure of the Commission. His compensation shall be fixed by the Commission.

Section 57-3-460. The Secretary-Treasurer shall, before entering upon the duties of his office, give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties. He shall take and return the oath of office as prescribed for all State officers. The bureaus established in Section 57-3-20 must be administered by a bureau director who shall serve at the pleasure of the secretary. The responsibilities and duties of the following bureau directors must include, but not be limited to, the following:

(1) Director of 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 developing policy and procedures to ensure compliance with the provisions of this item;

(2) Director of Construction, Engineering, and Planning:

a. Development of statewide strategic highway plans;

b. Construction, design, construction oversight, and maintenance of state highways; and

c. Acquisition and management of transportation rights-of-ways;

(3) Director of Motor Vehicle Services:

a. Development of statewide motor vehicle services,including licensing, registration, and titling of motor vehicles;

(4) Director of Mass Transit:

a. Development of statewide modal system plan, including mass transit systems;

(5) Director of Inspections, Certification, Compliance, Permits, and Enforcement:

a. Administer all statutes and regulations that authorize or require the department to issue or regulate permits or licenses other than driver's licenses;

b. Administer programs necessary to enforce compliance with statutes, regulations, and department policy governing weight, size, length, width, and height requirements and limitations; the conditions or qualifications established in the issuance of department permits or licenses as herein specified and the forfeiture of any records, licenses, or other property under the department's jurisdiction; and

c. Inspection and investigation of any business or activity which the department by law is required to regulate.

The secretary is required to transfer all programs, activities, or personnel which are necessary to comply with the provisions of this section; and

(6) Director for Law Enforcement:

a. Enforcement of motor vehicle and traffic safety laws.

Section 57-3-470. There shall be a State Highway Engineer. The State Highway Engineer shall be the administrative head of the engineering division and, as such, shall direct the highway engineering work of the Department and the activities of said engineering division. The Engineer shall be appointed by the Commission to serve in office at the pleasure of the Commission. His compensation shall be fixed by the Commission. A person appointed to the position of State Highway Engineer shall be a competent engineer, 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. The Engineer shall take and return the oath of office as prescribed for all State officers. The secretary is charged with the responsibility of continually reviewing and monitoring the Division of Highways and Administration's programs and policies, including all independent and external audits. The commission must publish a summary of its findings and any resulting corrective action taken in the department's annual report.

Section 57-3-480. Appointments of persons to employment within the Department and promotions, demotions, transfers, separations, leaves and similar matters may be based upon a merit system of personnel administration which the Department may institute pursuant to rules and regulations promulgated therefor by the Commission. (A) There is established an office of ombudsman which must be located within the department. The secretary must appoint an ombudsman who shall report to and serve at the pleasure of the commission.

(B) The ombudsman is authorized to receive and investigate any problem or complaints on behalf of any interested individual relating to the department. He shall have the authority to carry out any such investigation and to request and receive written statements, documents, exhibits, and other items pertinent to the investigation. At the conclusion of any such investigation, he may issue such report and recommendations to the commission as in his opinion and will assist the department in approving its operation.

Section 57-3-490. The Department may furnish all necessary first aid to employees of the Department who may be injured while engaged in the discharge of official duties assigned them by the Department. Such first aid may consist of medical and surgical attention ordinarily incident to physical injuries of the kind sustained, together with necessary hospitalization. Claims for medical and surgical attention for hospital care given employees of the Department on account of injuries of the kind contemplated in this section may be submitted directly to the Department for payment after verification. But if any such claim may in the judgment of the Department appear excessive in amount, considering the character and extent of the service rendered, then such claim shall be submitted to the Department of Health and Environmental Control for examination as to reasonableness, and the Department shall pay on account of the claim only such amounts as the Department of Health and Environmental Control may approve as reasonable and proper under the circumstances and shall not be liable on account of such claim.

Section 57-3-500. The Department may pay from State highway funds claims of employees of the Department, arising under the provisions of the Workers' Compensation Law, which are recommended for payment by the Department and have the approval of the South Carolina Workers' Compensation Commission. The department may pay from state highway funds claims of employees of the department, arising under the provisions of the Workers' Compensation Law, which are recommended for payment by the department and have the approval of the Workers' Compensation Commission.

Section 57-3-510. Sections 57-3-490 and 57-3-500 have no purpose other than to authorize the Department to give reasonable attention to its employees who may be injured in the discharge of their official duties and leave with the Department full discretion to determine the reasonable necessities in each case. None of the provisions thereof shall serve to increase any responsibility or liability imposed upon the Department by existing laws, nor shall they affect or impair in any way the effects or operation of the State workers' compensation laws.

Section 57-3-520. Legal representation for the Department of Highways and Public Transportation's workers' compensation claims program shall be provided by a chief claims counsel and such staff attorneys as are necessary, to be appointed by the Executive Director of the Department of Highways and Public Transportation with the approval of the Attorney General. Any extra legal services that may be required shall be performed by attorneys selected by the Executive Director of the Department of Highways and Public Transportation with the approval of the Attorney General. The Department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits arising under workers' compensation, motor vehicle damage and personal injury damage programs involving Department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid from the State Highway Fund. The secretary shall have the authority, with the approval of the Attorney General, to employ a chief counsel and such staff attorneys and support staff as are necessary, to represent the department in legal matters, including workers' compensation, condemnation procedures, and other such litigation; such representation shall be under the jurisdiction and control of the Attorney General. Any extra legal services that may be required shall be performed by attorneys selected by the secretary with the approval of the Attorney General. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits arising under workers' compensation, motor vehicle damage, and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the state highway fund."

SECTION 5. Article 7, Chapter 3, Title 57 of the 1976 Code is amended to read:

"Article 7

Section 57-3-610. The Department of Highways and Public Transportation may:

(1) Lay out, build and maintain public highways and bridges;

(2) Acquire such lands and road building materials and rights of way as may be needed for roads and bridges by purchase, gift or condemnation;

(3) Cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State;

(4) Initiate and conduct research programs and pilot projects to further research and development, and promote training of personnel in the fields of planning, construction, maintenance and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and public transportation;

(5) Cooperate with the federal government in the construction of federal-aid highways, in the development of improved public transportation service, facilities, equipment, techniques and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;

(6) Instruct, assist and cooperate with the agencies, departments and bodies politic and legally constituted agencies of the State in street, highway, traffic and public transportation matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system;

(7) Carry out highway and public transportation safety programs;

(8) License and register motor vehicles and administer the collection of license and registration fees and penalties;

(9) Examine and license motor vehicle drivers;

(10) Engage in driver training and safety activities;

(11) Enforce the traffic, motor vehicle and related laws;

(12) Promulgate such rules and regulations for the administration and enforcement of the powers delegated to Department by law, which rules and regulations shall have the full force and effect of law upon filing according to law; and

(13) Do all other things required or provided by law. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Transportation must be reimbursed all expenses incurred by the department to implement the dedication.

Reimbursement for expenses incurred by the department must first be approved by a majority of each county legislative delegation in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary `C' Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars.

Reimbursement for expenses incurred by the department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the department.

Section 57-3-620. The Department department may enter into such contracts as may be necessary for the proper discharge of its functions and duties and may sue and be sued thereon.

Section 57-3-630. The Department department may bring suits in its name, whenever a cause of action shall accrue to the State by reason of the injury, damage, destruction, or obstruction of any road in the State state highway system, any bridge, culvert, ditch, causeway, embankment, wharf, tollgate, tollhouse, or other facility or any equipment, apparatus, or property, real or personal, belonging to the State state highway system. It may also bring suits in its name whenever subrogation shall arise by reason of payments made to officers or employees of the Department department pursuant to the Workers' Compensation Law. Suits for the recovery of appropriate damages, and other proceedings incident thereto, shall be instituted in any court of competent jurisdiction, for and in behalf of the State in the name of the Department department as plaintiff. Complaints and other pleadings requiring verification may be verified by the Executive Director of the Department of Highways and Public Transportation secretary or any other person duly authorized by him.

Section 57-3-640. The Department department may construct and maintain necessary driveways and roads in State state parks. All work to be performed by the Department department pursuant to the provisions of this section shall be with the consent and approval of the Department of Parks, Recreation and Tourism, and such work shall not result in the assumption by the Department department of any liability whatsoever on account of damages to property, injuries to persons or death growing out of or in any way connected with such work. Such driveways and roads taken over in State state parks shall not affect the respective counties' portion of mileage to be taken over by the Department department under any other statute. The construction and maintenance work by the Department department authorized by this section shall be paid for from the State state highway fund.

Section 57-3-650. (a) Highway construction and maintenance by the South Carolina Department of Highways and Public Transportation department as authorized in this Title title shall include the authority to acquire strips of land along highways and to landscape and develop the strips and other lands within the highway right of way right-of-way in order to restore, preserve, and enhance the scenic beauty along the highways. The Department department may construct and maintain on such land public rest and recreational areas, roadside parks, sanitary and other facilities reasonably necessary to accommodate the traveling public.

(b) In order to provide information in the specific interest of the traveling public, the South Carolina Department of Highways and Public Transportation department is authorized to construct and maintain such information centers at the aforesaid recreational and rest areas as it may deem desirable. For the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable, these centers shall distribute maps, informational directories and advertising pamphlets. Information centers shall be staffed by persons hired and paid by the Department of Parks, Recreation and Tourism.

(c) The South Carolina Department of Highways and Public Transportation department is authorized to enter into agreements with the United States Secretary of Commerce as provided for in Title 23 of the United States Code, relating to the establishment and operation of information centers at rest and recreational areas, and to take action in the name of the State to comply with the terms of such agreements.

Section 57-3-660. The Department department may hard surface and otherwise improve such streets, roads and driveways, including sidewalks, at State state institutions as the Department department, together with the board of trustees or other governing body of any such State state institution, may deem necessary. The cost of such improvements shall be paid for out of the State state highway fund.

Section 57-3-670. The Department department shall may cooperate and enter into contracts with the United States Bureau of Public Roads and do any and all things necessary to carry out the provisions of the any Federal-Aid Highway Act mentioned in Section 57-1-20 and amendments thereto, including, but not limited to, the planning, construction, and maintenance of Federal-aid federal-aid highways, access roads, flight strips and all other eligible projects, regardless of whether such projects are a part of the State state highway system and may condemn or otherwise acquire lands necessary for rights of way rights-of-way in connection therewith under the procedure prescribed by law in condemning and acquiring lands for State state highway purposes.

Section 57-3-680. If any such project to be constructed under the provisions of Section 57-3-670 is not a part of the State state highway system, no part of the actual costs of right of way right-of-way, construction, or maintenance shall be paid for from State state highway funds. Any political subdivision having jurisdiction over a project not a part of the State state highway system shall deposit with the Department department its estimated share of the cost of such project before the contract is awarded, except that State state highway funds may be advanced to meet current payments to contractors and others when existing agreements provide for reimbursements by the Federal Government federal government of such funds advanced by the Department department. Article 13 of Chapter 5 of this Title title shall not apply to any project that is not a part of the State state highway system.

Section 57-3-690. Whenever the Department department shall with Federal federal funds, undertake the construction of any county road or shall, in anticipation of Federal federal funds becoming available for such purpose, establish the location of any such road, the lawfully authorized officials of the county concerned shall provide, without cost to the Department department, all necessary rights of way rights-of-way for such construction, including lands for borrow and material pits. In order to secure such rights of way rights-of-way and other necessary lands such county officials may exercise any or all of the usual powers of condemnation lawfully authorized to be exercised by them in the case of other county roads.

Section 57-3-700. With the approval of the Highways and Public Transportation Commission commission, the county officials may designate the Department department, acting through its agents and employees, as agents of the county in securing necessary rights-of-way and other lands.

Section 57-3-710. All payments to be made or obligated on account of rights of way rights-of-way and other lands acquired for the purposes contemplated by Section 57-3-690 shall be made by the county on order of the Department department. Any person having any claim on account of damages to property, injuries to person or death growing out of any such construction as is contemplated in said section shall have such right of action against the county concerned as is authorized by law, and the remedy thus afforded shall be exclusive.

Section 57-3-720. The South Carolina Department of Highways and Public Transportation department is authorized to construct and maintain street and road access facilities to State state ports shipping and warehousing facilities, airports, railroad marshalling yards and trucking terminals, the cost of same to be paid from the State state highway fund; provided, however, that all such construction and maintenance shall be limited to work on publicly owned property.

Section 57-3-730. The Department department may cooperate with any drainage district within the State, organized in accordance with the laws of the State, in order to carry drainage canals across State state highways. But the cost to be assumed by the Department department incident to any such crossing shall not exceed the actual cost of the structure necessary to carry the waters of the drainage canal across the State state highway.

Section 57-3-750. A full account of each road project shall be kept by the Department department so that it may ascertain at any time the expenditures or liabilities against all projects. The Department department shall also keep records of contracts and force account work. The account records, together with all supporting documents, shall be open at all times to the inspection of the Governor, or other proper State state officials, or their agents and the public.

Section 57-3-760. The Department department shall, during each regular session of the General Assembly, make a full, printed, detailed report to the General Assembly showing an analysis of:
(a) the department's accomplishments in the past year; and
(b) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system,;
(c) a five-year plan detailing the regulation of traffic thereon which includes the administration and enforcement of traffic, driver and motor vehicle laws and other laws relating to such subjects, the coordination of state and federal programs relating to public transportation mass transportation among the departments, agencies and other bodies politic and legally constituted agencies thereof in the State,;
(d) a listing of all firms, companies, or businesses of any type doing business with the department and the amount of such contracts entered into by the department; and
(e) an accounting aggregated by county of the receipts of gasoline taxes and motor vehicle license fees, disbursements of the Department department and such other data as may be of interest in connection with the work of the Department department.

Section 57-3-770. The South Carolina Department of Highways and Public Transportation The department when cleaning or removing dirt and topsoil from ditches or roadbeds along roads, highways, and highway rights-of-way under its jurisdiction is authorized to give this dirt and topsoil to the landowner whose property adjoins the road which is being cleaned. The Department department is further authorized to haul this dirt and topsoil to a location on the adjoining landowner's property which location is designated by him; provided, that this location must be within one hundred yards of the road being cleaned.

Section 57-3-790. The terms `highway', `street', and `road' as used in this title shall be general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right-of-way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures and all other facilities commonly considered component parts of highways, streets, or roads. The term `roadway' shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term `roadway' as used herein shall refer to any such roadways separately but not to all such roadways collectively.

Section 57-3-800. Before a county or municipal corporation may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances.

A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

For the purposes of this section, a `newly-constructed road' is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road."

SECTION 6. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read:

"Article 1

Section 57-11-10. 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. 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 or combination thereof, 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 state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `State Highway Fund' and all federal revenues and federal monies must be deposited into the `Federal Aid Highway Fund'. These funds must be held and managed by the State Treasurer separate and distinct from the General Fund, except as to 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 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) Beginning July 1, 1994, the department shall process the payment of all capital improvement projects and permanent improvement projects through the Comptroller General's Office.

(E) The Comptroller General may continue to make deductions from the compensation of employees for the payment of premiums for life, hospital, and other types of insurance plans that are in force on the effective date of this Act.

Section 57-11-30. The Department may set aside and deposit in its name a revolving fund, and all payments from such fund shall be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund.

Section 57-11-40. Not more than sixty days prior to the beginning of each fiscal year 1992-93 the Department department shall make an estimate of the revenues to be received by the Department department during such fiscal year, and after deducting therefrom the amounts required by the State Treasurer for the payment of the principal and interest on State state highway bonds due or falling due in such year, it shall estimate the amounts required for the payment of the expenses of the Department department for such fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims, and law enforcement.

Section 57-11-50. From the remainder of such revenues and receipts of such fiscal year 1992-93 as estimated pursuant to Section 57-11-40, after paying the sum appropriated by said section, there is hereby appropriated a sum sufficient to maintain the highways of the State state highway system for such 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 state highways and for the payment of other expenses of the Department department.

Section 57-11-60. The Department department, until 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 department may also execute indemnity bonds when, necessary to secure the issuance of duplicate checks payable to the Department department, the originals of which have been lost.

Section 57-11-70. Beginning with the fiscal year which ends June 30, 1993, the The books and accounts of the Department department shall 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 be made annually by October fifteenth to the General Assembly. The costs and expenses of such annual audit shall be paid by the Department 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 the provisions of Chapters 9 and 11 of Title 11.

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 State Highway Department 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 State Highway Department be paid to and become a part of the general highway fund of the State Highway Department.

(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 7. Title 57 of the 1976 Code is amended by adding:

"CHAPTER 6

Section 57-6-10. There is established a Division of Public Railways within the Department of Transportation.

Section 57-6-30. The Department of Transportation Commission shall have the following powers and duties in regard to the Division of Public Railways:

(1) the power of a body corporate, including the power to sue and be sued, to make contracts and to adopt and use a common seal and alter it as may be deemed expedient;

(2) to acquire by purchase or donation and to own, rent, lease, mortgage, and dispose of such property, real or personal, as the commission may deem proper to carry out the purposes and provisions of this chapter, any or all of them;

(3) to operate, maintain, and control the tracks and equipment transferred to it by the South Carolina State Ports Authority, or any other person, and be governed by rules and regulations of the Interstate Commerce Commission by virtue of a Class 2 Certificate issued to the Ports Commission and the Port Terminal Railroad of South Carolina;

(4) to acquire, construct, maintain, equip, and operate connecting, switching, terminal, or other railroads. The term `railroad' as used in this chapter shall include, but not be limited to, tracks, spurs, switches, terminal, terminal facilities, roadbeds, rights-of-way, bridges, stations, railroad cars, locomotives, or other vehicle constructed for operation over railroad tracks, crossing signs, lights, signals, storage, administration and repair buildings, and all structures and equipment which are necessary for the operation of the railroad;

(5) to exercise the power of eminent domain by and in the name of the commission. The commission also may acquire the rights-of-way of abandoned railroads by gift or purchase;

(6) to employ such personnel as may be needed who must serve at the pleasure of the secretary and to provide for their compensation;

(7) to issue revenue bonds, including notes, bonds, refunding bonds, and other obligations authorized to be issued by this chapter, to defray the cost of acquisition, by purchase, construction or condemnation, of connecting, switching, terminal or other railroads, and necessary equipment, payable both as to principal and interest from the revenues to be derived from the operation of such railroads; provided, that all revenue bonds issued by the commission shall be issued in accordance with the provisions of Sections 57-6-60 through 57-6-180; and

(8) to do all things necessary and required to accomplish the purposes of this chapter.

Section 57-6-40. The South Carolina State Ports Authority shall, as soon as practicable, transfer to the commission its common carrier Class 2 switching railroad operations that are currently under the jurisdiction of the Interstate Commerce Commission.

This transfer includes tracks, yards, equipment, trackage rights, franchise, licenses, leases, agreements, and labor contracts connected with the above railroad operations. Tracks comprise approximately seventeen miles of main yard and line tracks as reported in the latest annual report to the Interstate Commerce Commission. Tracks do not include railroad sidings serving a single user.

Section 57-6-50. In addition to the powers and duties of the commission as specified by Section 58-6-30, when it shall appear that the acquisition, by purchase, construction, condemnation or donation, and operation of additional connecting, switching, terminal or other railroads are desirable in the public interest to promote and foster economic growth and development, the commission may, with the approval of the State Budget and Control Board, extend its operations; provided, that if such extension includes extension of mainline trackage, the common carrier railroads operating in the State shall have declined to agree to provide such facilities within six months after having been requested to do so by the commission and the Budget and Control Board and provided the financing for such extensions is approved by the Budget and Control Board pursuant to the provisions of this chapter.

Section 57-6-60. All bonds issued by the commission under authority of this chapter shall be limited obligations of the commission, the principal of and interest on which shall be payable solely out of the revenues derived from the operation of the railroads authorized by this chapter which the bonds are issued to finance. Bonds and interest coupons issued under authority of this chapter shall not constitute an indebtedness of the commission, the State of South Carolina, or any political subdivision thereof, within the meaning of any state constitutional provision or statutory limitation and shall not constitute nor give rise to a pecuniary liability of the same or a charge against the general credit of the commission or against the full faith, credit or taxing power of the State of South Carolina, or a political subdivision thereof, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which shall be provided in the proceedings of the commission authorizing the bonds. Any bonds issued under the authority of this chapter may be sold at a public or private sale at such price and in such manner and from time to time as may be determined by the commission to be most advantageous, and the commission may pay, as a part of the cost of acquiring any railroad and necessary equipment, and out of the bond proceeds, all expenses, premiums, and commissions which the commission may deem necessary or advantageous in connection with the authorization, sale, and issuance thereof. All bonds issued under the authority of this chapter except registered bonds, registered otherwise than to the bearer and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued, but such proceedings shall preclude the issuance of bonds or any obligations of any sort secured by a lien prior to the lien of the bonds or bonds afterwards issued on a parity with the bonds.

Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Sections 11-17-10 through 11-17-110, as now or hereafter amended, shall be applicable to such bond anticipatory borrowing.

Section 57-6-70. The principal of and interest on any bonds issued under the authority of this chapter shall be secured by a pledge of the revenues from which such bonds shall be payable, and may be secured by a trust indenture covering all or any part of the railroad and necessary equipment from which the revenues so pledged are derived. The proceedings under which such bonds are authorized to be issued or any such trust indenture may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of revenues for any railroad covered by such proceedings or trust indenture, the maintenance and insurance of the railroad and necessary equipment, the creation and maintenance of special funds from the revenues of the railroad, and the rights and remedies available in the event of default to the bondholders or to the trustee under trust indenture, all as the commission shall deem advisable and as shall not be in conflict with the provisions of this chapter; provided, however, that in making any such agreements or provisions the commission shall not have the power to obligate itself except with respect to the railroad and necessary equipment and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against the full faith, credit or taxing power of the State of South Carolina or any political subdivision thereof. The proceedings authorizing any bonds hereunder and any trust indenture securing such bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect revenues and to apply the revenues from the railroad in accordance with such proceedings or the provisions of such trust indenture. Any such trust indenture may provide also that in the event of default in payment or the violation of any agreement contained in the trust indenture, it may be foreclosed by proceedings at law or in equity, and may provide that any trustee under the trust indenture or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale, if he is the highest bidder. No breach of any such agreement shall impose any pecuniary liability upon the commission or any charge upon its general credit or against the full faith, credit or taxing power of the State of South Carolina, or any political subdivision thereof.

The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such persons or corporations as the commission shall designate, notwithstanding that they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.

Section 57-6-80. Contracts for the construction of any railroad, or the purchase of any necessary equipment, may be let on such terms and under such conditions as the commission shall prescribe and may be let with or without advertisement or call for bids therefor.

Provided, however, that after the acquisition by construction of the railroad has been completed and the railroad has been placed into service the provisions of Section 1-1-440 shall apply.

Section 57-6-90. Prior to undertaking the acquisition of any railroad and necessary equipment, the commission shall find: that the acquisition of the railroad and necessary equipment is desirable in the public interest to promote and foster economic growth and development; that the common carrier railroads operating in the State shall have declined to agree to provide such railroad and necessary equipment within six months after having been requested to do so by the commission and the Budget and Control Board; that the acquisition of the railroad and necessary equipment will give rise to no pecuniary liability of the commission or a charge against its general credit or a charge against the full faith, credit or taxing power of the State of South Carolina or any political subdivision thereof; the amount of bonds required to finance the acquisition of the railroad and necessary equipment; the amount necessary in each year to pay the principal and interest on the bonds proposed to be issued to finance the acquisition of the railroad and necessary equipment; the amount necessary to be paid each year into any reserve funds which the commission may deem it advisable to establish in connection with the retirement of the proposed bonds and the operation and maintenance of the railroad and necessary equipment; and the estimated cost of maintaining the railroad and necessary equipment in good repair and keeping them properly ensured. The determinations and findings of the commission required to be made above shall be set forth in the proceedings under which the proposed bonds are to be issued, and the commission shall certify in writing such determinations and findings to the Budget and Control Board before the issuance of such bonds.

Section 57-6-100. The commission shall have the power to provide that the bond proceeds shall be disbursed by the trustee bank or banks during construction upon the estimate, order, or certificate of the designated construction engineer and the authorized representative of the commission. In making such agreements or provisions the commission shall not have the power to obligate itself except with respect to the railroad and necessary equipment and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon the general credit of the commission or against the full faith, credit or taxing power of the State of South Carolina or a political subdivision thereof.

Section 57-6-110. The books and financial records of any additional acquisition authorized under this chapter shall be kept separate and apart from the books and records of other divisions within the department.

Section 57-6-120. The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or the interest on the bonds. The cost of acquiring any railroad or necessary equipment shall be deemed to include the following: the actual cost of the construction of any part of the railroad which may be constructed, including architects' and engineers' fees; the purchase price of any part of railroad or necessary equipment that may be acquired by purchase; all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction and for not exceeding one year after completion of the construction.

Section 57-6-130. Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the commission, but only with the approval of the State Budget and Control Board being first obtained, by the issuance of its refunding bonds in such amount as the commission may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses and commissions necessary to be paid in connection therewith. Any such refunding may be affected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under the authority of this chapter shall be payable in the same manner and under the same terms and conditions as are herein granted for the issuance of bonds. In addition to the powers herein granted for the issuance of refunding bonds, the commission may avail themselves of the provisions of Sections 11-21-10 through 11-21-80, (the Advanced Refunding Act).

Section 57-6-140. It shall be lawful for all executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds issued under the provisions of this chapter.

Section 57-6-150. The bonds authorized by this chapter and the income therefrom, all trust indentures executed as security therefor, and all railroads and necessary equipment so long as owned by the commission and the revenue derived therefrom shall be exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes, and all trust indentures made pursuant to the provisions of this chapter shall be exempt from South Carolina stamp and transfer taxes.

Section 57-6-160. No bonds shall be issued pursuant to the provisions of this chapter until the proposal of the commission to issue the bonds shall receive the approval of the State Budget and Control Board. Whenever the commission shall propose to issue bonds pursuant to the provisions of this chapter, it shall file its petition with the State Budget and Control Board setting forth: (a) a brief description of the railroad and necessary equipment proposed to be acquired and its anticipated effect upon the economy of the area in which the railroad is to be located and of the areas adjacent thereto; (b) a reasonable estimate of the cost of the acquisition of the railroad and necessary equipment; and (c) a general summary of the terms and conditions of the trust indenture. Upon the filing of the petition the State Budget and Control Board shall, as soon as practicable, make such independent investigation as it deems advisable, and if it finds that the acquisition of the railroad and necessary equipment is intended to promote the purposes of this chapter and is reasonably anticipated to effect such result, it shall be authorized to approve the acquisition of the railroad and necessary equipment and at any time following such approval, the commission may proceed with the acquisition and financing of the railroad and necessary equipment. Notice of the approval of the acquisition of the railroad and necessary equipment by the State Budget and Control Board shall be published at least once a week for three consecutive weeks by the State Budget and Control Board in a newspaper having general circulation in the State and the county where the railroad is to be located.

Any interested party may, within twenty days after the date of the publication of such notice, but not afterwards, challenge the validity of such approval by action de novo in the court of common pleas in any county where the railroad is to be located.

Section 57-6-170. The authorization herein granted may be carried out by the commission acting at any regular or special meeting and without publication of the proceedings, notwithstanding any restriction, limitation, or other procedure imposed upon the commission by any other statute.

Section 57-6-180. In accordance with the requirements of 49, United States Code, Section 10102(17), and other provisions of federal laws governing the operation of common carrier railroads, unless such requirements or any part of them are waived by the Interstate Commerce Commission pursuant to Section 10505 of the Interstate Commerce Act (49 U.S. Code, Section 10505), the commission shall hold title to, disburse and account for assets and revenues received by it from whatever source. All such funds shall be on deposit with and maintained in separate accounts by the State Treasurer."

SECTION 8. Sections 55-5-50 and 55-5-60 of the 1976 Code are amended to read:

"Section 55-5-50. The commission shall employ a director of aeronautics who shall serve at the pleasure of the secretary and who is or has been a commercial pilot with instrument rating and such other employees as it may deem necessary for the proper transaction of its business.

Section 55-5-60. The State Budget and Control Board commission shall provide, as soon as practicable, suitable offices for the Division of Aeronautics Commission in the city of Columbia, and the Commission may maintain offices in any other city in the State that the Commission commission may designate and may incur the necessary expense for the office furniture, stationery, printing, incidental expenses and other expenses necessary for the enforcement of this chapter and the general promotion of aeronautics within the State."

SECTION 9. Section 11-35-45(B) of the 1976 Code is amended to read:

"(B) All agencies and institutions of the State are required to comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grants Consortium shall process all payments for goods and services through the Comptroller's Office. Only the lump sum institutions of higher education and the Department of Highways and Public Transportation shall be responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work day period work-day-period."

SECTION 10. Wherever the term Department of Highways and Public Transportation appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean the Department of Transportation. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION 11. Wherever the term Executive Director appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean the Secretary of Transportation. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION 12. Wherever the term South Carolina Aeronautics Commission appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean the Department of Transportation Commission. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION 13. To minimize the cost in implementing the provisions of this bill, the department must utilize to the extent practicable rather than discard any supplies, materials, or other items which bear a reference to the department or a division of the department which must be renamed pursuant to this bill. For items which have a useful life of more than five years, the department shall implement a program which requires the phase-in of any new name or logo which may be compelled by the provisions of this bill.

SECTION 14. Any present member of the South Carolina Department of Highways and Public Transportation Commission or members of the commission elected prior to the effective date of this act shall continue to serve until the expiration of their term of office.

SECTION 15. Section 2-63-10 of the 1976 Code is amended to read: "Section 2-63-10. (1) There is hereby created a six-member committee to review the annual budget and the intrabudgetary transfers of funds of the Department of Highways and Public Transportation. Three members of the committee shall be members of the Senate Transportation Committee appointed by the chairman of that committee and three members shall be members of the House Education and Public Works Committee appointed by the chairman of that committee. Terms of the members shall be coterminous with their terms as Senators and members of the House of Representatives.

(2) Based on its review of the budget and intrabudgetary transfers of funds, the committee provided for in subsection (1) shall annually report to the General Assembly its recommendations as to needed legislation relating to such fund transfers. The first report of the committee shall be furnished to the General Assembly no later than April 1, 1982. The Highways and Public Transportation Commission commission shall assist and cooperate with the committee in the conduct of its budget review and fund transfer reviews.

(3) The committee may establish dates for the submission of any information necessary to conduct a review pursuant to this section. Any review or recommendation made by the committee must be completed prior to the time the department is required to make its annual budget request to the Budget and Control Board."

SECTION 16. The South Carolina Aeronautics Commission and the Public Railways Commission shall be abolished on July 1, 1992.

SECTION 17. Section 124.20, Part I of Act 612 of 1990 is repealed.

SECTION 18. Section 2 of Act 383 of 1986 is repealed.

SECTION 19. Article 3, Chapter 3 of Title 57 of the 1976 Code is repealed.

SECTION 20. Sections 55-5-30 and 55-5-40 of the 1976 Code are repealed.

SECTION 21. Sections 57-11-30, 57-11-60 and 57-11-70, as amended by this act, are repealed on July 1, 1993.

SECTION 22. Sections 57-11-40 and 57-11-50, as amended by this act, are repealed on July 1, 1992.

SECTION 23. Item (a) of Section 11-35-710 of the 1976 Code is repealed, and the remaining items relettered to conform.

SECTION 24. The Department of Highways and Public Transportation shall pay into the General Fund of the State a sum, as established by the annual General Appropriation Act, which shall be its proportionate share under the Statewide Cost Allocation Plan to the Office of the Comptroller General for the administration of services./

Renumber remaining sections to conform.

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment.

Senator BRYAN moved that the amendment be adopted.

Senator MOORE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 16; Nays 23

AYES

Carmichael Gilbert Hayes, R.W.
Hinds Land Leatherman
Lourie McGill Moore
Mullinax O'Dell Peeler
Reese Saleeby Smith, J.V.
Wilson

TOTAL--16

NAYS

Bryan Courson Courtney
Fielding Giese Helmly
Leventis Macaulay Martschink
Matthews McConnell Passailaigue
Patterson Pope Rose
Russell Setzler Shealy
Smith, N.W. Stilwell Thomas
Washington Williams

TOTAL--23

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator LEATHERMAN argued contra to the adoption of the amendment.

OBJECTION

At 4:35 P.M., Senator WILLIAMS asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Senate stand adjourned.

Senator LOURIE objected.

Senator LOURIE, with unanimous consent, was granted leave to address the body with brief remarks.

Leave Of Absence

Senator HINDS requested and was granted at 4:30 P.M. a leave of absence until 9:30 P.M.

MOTION UNDER RULE 15A FAILS

At 4:37 P.M., Senator STILWELL moved under Rule 15A to set a time certain of 11:30 A.M. on Thursday, February 13, 1992, to vote on the entire matter of S. 494.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 16; Nays 23

AYES

Courson Courtney Drummond
Hayes, R.W. Helmly Lourie
Macaulay Matthews McConnell
Passailaigue Patterson Pope
Saleeby Stilwell Thomas
Washington

TOTAL--16

NAYS

Bryan Carmichael Fielding
Giese Gilbert Hinds
Land Leatherman Leventis
Martschink McGill Moore
Mullinax O'Dell Peeler
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Wilson

TOTAL--23

Having failed to receive the necessary vote, the motion failed.

Parliamentary Inquiry

Senator SHEALY made a Parliamentary Inquiry as to whether or not Senator LEATHERMAN retained the floor.

The PRESIDENT stated that Senator LEATHERMAN retained the floor.

MOTION UNDER RULE 15A FAILS

At 4:40 P.M., Senator STILWELL moved under Rule 15A to set a time certain of 5:30 P.M. on Wednesday, February 12, 1992, to vote on the entire matter of S. 494.

RECESS

At 5:42 P.M., on motion of Senator LOURIE, with Senator LEATHERMAN retaining the floor, the Senate receded from business not to exceed five minutes.

At 5:46 P.M., the Senate resumed.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 15

AYES

Bryan Courson Courtney
Drummond Fielding Giese
Gilbert Hayes, R.W. Helmly
Leventis Lourie Matthews
McConnell O'Dell Passailaigue
Patterson Pope Rose
Russell Smith, N.W. Stilwell
Thomas Washington

TOTAL--23

NAYS

Carmichael Hinds Land
Leatherman Macaulay Martschink
McGill Moore Mullinax
Peeler Reese Setzler
Shealy Smith, J.V. Wilson

TOTAL--15

Having failed to receive the necessary vote, the motion failed.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Leave Of Absence

Senator GIESE requested and was granted at 4:45 P.M. a leave of absence from 7:00-9:00 P.M. today.

Leave Of Absence

Senator SALEEBY requested and was granted at 4:50 P.M. a leave of absence for the remainder of the day.

OBJECTION

Senator HINDS asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Senate stand adjourned.

Senator LOURIE objected.

Senator LEATHERMAN argued contra to the adoption of the amendment.

OBJECTION

Senator LAND asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Senate stand adjourned.

Senator LOURIE objected.

Senator LEATHERMAN argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 4:56 P.M., Senator MOORE assumed the Chair.

Senator LEATHERMAN argued contra to the adoption of the amendment.

OBJECTION

Senator FIELDING asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion to reconsider the vote whereby Amendment No. 3A was laid on the table.

Senator HINDS objected.

Leave Of Absence

Senator ROSE requested and was granted at 5:15 P.M. a leave of absence until 6:15 P.M. today.

Senator LEATHERMAN continued arguing contra to the adoption of the amendment.

Consideration was interrupted by adjournment, Senator LEATHERMAN retaining the floor. The Bill remained in the status of Adjourned Debate.

READ THE SECOND TIME

NOTICE OF GENERAL AMENDMENTS

S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.

Senator POPE asked unanimous consent to take the Bill up for immediate consideration.

Senator POPE explained the Bill.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

OBJECTION

H. 3787 -- Reps. J. Bailey, Barber, Fulmer, Hallman, Holt, Rama, Gonzales, R. Young, Whipper and D. Martin: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.

Senator FIELDING asked unanimous consent to take the Bill up for immediate consideration.

Senator MARTSCHINK objected.

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned in honor of Emily C. Phillips of Columbia, South Carolina, upon the occasion of her sixtieth birthday.

ADJOURNMENT

At 5:40 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.

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