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H 3522
Session 110 (1993-1994)


H 3522 General Bill, By R.A. Barber, Harrison, Haskins, D.N. Holt, Meacham, 
J.H. Neal, Quinn, Robinson, C.L. Sturkie, C.Y. Waites and Walker
 A Bill to amend Chapter 1, Title 57, Code of Laws of South Carolina, 1976,
 relating to general provisions of highways, bridges and ferries, so as to
 rename Chapter 1, create Article 1 General Provisions, Article 3 Office of the
 Secretary of Transportation, and Article 5 Transportation Oversight
 Commission, to reorganize the Department of Highways and Public Transportation
 by renaming it and establishing the general structure of the Department and to
 provide for the transfer of functions, powers, and duties from other state
 agencies, a Secretary of Transportation as its Chief Administrative Officer,
 to create an Oversight Commission, and to provide powers and duties; to amend
 Article 1, Chapter 3, Title 57, relating to General Provisions of the
 Department of Highways and Public Transportation, so as to provide for general
 provisions for the responsibilities of the Secretary of Transportation; to
 amend Article 3, Chapter 3, Title 57, relating to the State Highway and Public
 Transportation Commission, so as to abolish the Commission and provide for the
 powers and duties of the divisions of the Department; to amend Article 7,
 Chapter 3, Title 57, relating to the powers and duties of the Department of
 Highways and Public Transportation, by adding Sections 57-3-600 so as to
 provide for an affidavit from a donor or contractor before a county or
 municipality accepts the deed to a newly constructed road and 57-3-780 so as
 to require the Department to provide a written determination on providing
 certain features to highway before a highway or road is constructed; to amend
 Article 11,Chapter 3, Title 57, relating to the Interagency Council on Public
 Transportation, so as to revise its membership to conform to changes in the
 Department; to amend Article 3, Chapter 11, Title 57, relating to highway
 bonds, so as to create a State Highway Bond Fund and State Highway Bond Debt
 Service Account; to amend the 1976 Code by adding Section 12-27-35 so as to
 require that gasoline taxes imposed be reported and aggregated by county; to
 amend Section 2-7-105, as amended, relating to authorization for capital
 improvement bonds, so as to provide for the issuance of State Highway Bonds in
 even numbered years; to amend Section 11-17-10, relating to definition for
 borrowing by state agencies, so as to include State Highway Bonds in the
 definition of bonds; to amend Sections 1-11-220, 1-11-230, 1-11-240, 1-11-250.
 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, as amended,
 1-11-315, 1-11-320, and 1-11-330, relating to management of state fleet
 vehicles, so as to transfer power from the Budget and Control Board to the
 Department of Transportation and to make technical changes; to amend Section
 12-27-400, as amended, relating to "C" Construction Funds, so as to revise the
 ratio for apportionment and to provide for expenditures by the county
 councils; to direct the Code Commissioner to change certain references; to
 provide for the term of Directors and Commissioners of certain boards to
 continue; and to repeal Article 5, Chapter 3, Title 57, relating to the
 Executive Director of the Department of Highways and Public Transportation and
 other personnel, Sections 12-27-1260, 12-27-1280, and 12-27-1300, relating to
 Strategic Highway Plan for Improving Mobility and Safety Program (SHIMS),
 1-11-340, relating to exempting school buses from applicability of motor
 vehicle management provisions, and Section 2 of Act 383 of 1986, relating to
 changing references in the 1976 Code on Executive Director of the Department
 of Highways and Public Transportation.

   02/18/93  House  Introduced and read first time HJ-4
   02/18/93  House  Referred to Committee on Judiciary HJ-5



A BILL

TO AMEND CHAPTER 1, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF HIGHWAYS, BRIDGES AND FERRIES, SO AS TO RENAME CHAPTER 1, CREATE ARTICLE 1 GENERAL PROVISIONS, ARTICLE 3 OFFICE OF THE SECRETARY OF TRANSPORTATION, AND ARTICLE 5 TRANSPORTATION OVERSIGHT COMMISSION, TO REORGANIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY RENAMING IT AND ESTABLISHING THE GENERAL STRUCTURE OF THE DEPARTMENT AND TO PROVIDE FOR THE TRANSFER OF FUNCTIONS, POWERS, AND DUTIES FROM OTHER STATE AGENCIES, A SECRETARY OF TRANSPORTATION AS ITS CHIEF ADMINISTRATIVE OFFICER, TO CREATE AN OVERSIGHT COMMISSION, AND TO PROVIDE POWERS AND DUTIES; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 57, RELATING TO GENERAL PROVISIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE FOR GENERAL PROVISIONS FOR THE RESPONSIBILITIES OF THE SECRETARY OF TRANSPORTATION; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 57, RELATING TO THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE POWERS AND DUTIES OF THE DIVISIONS OF THE DEPARTMENT; TO AMEND ARTICLE 7, CHAPTER 3, TITLE 57, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING SECTIONS 57-3-600 SO AS TO PROVIDE FOR AN AFFIDAVIT FROM A DONOR OR CONTRACTOR BEFORE A COUNTY OR MUNICIPALITY ACCEPTS THE DEED TO A NEWLY CONSTRUCTED ROAD AND 57-3-780 SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE A WRITTEN DETERMINATION ON PROVIDING CERTAIN FEATURES TO HIGHWAY BEFORE A HIGHWAY OR ROAD IS CONSTRUCTED; TO AMEND ARTICLE 11, CHAPTER 3, TITLE 57, RELATING TO THE INTERAGENCY COUNCIL ON PUBLIC TRANSPORTATION, SO AS TO REVISE ITS MEMBERSHIP TO CONFORM TO CHANGES IN THE DEPARTMENT; TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, RELATING TO HIGHWAY BONDS, SO AS TO CREATE A STATE HIGHWAY BOND FUND AND STATE HIGHWAY BOND DEBT SERVICE ACCOUNT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-35 SO AS TO REQUIRE THAT GASOLINE TAXES IMPOSED BE REPORTED AND AGGREGATED BY COUNTY; TO AMEND SECTION 2-7-105, AS AMENDED, RELATING TO AUTHORIZATION FOR CAPITAL IMPROVEMENT BONDS, SO AS TO PROVIDE FOR THE ISSUANCE OF STATE HIGHWAY BONDS IN EVEN NUMBERED YEARS; TO AMEND SECTION 11-17-10, RELATING TO DEFINITION FOR BORROWING BY STATE AGENCIES, SO AS TO INCLUDE STATE HIGHWAY BONDS IN THE DEFINITION OF BONDS; TO AMEND SECTIONS 1-11-220, 1-11-230, 1-11-240, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, AND 1-11-330, RELATING TO MANAGEMENT OF STATE FLEET VEHICLES, SO AS TO TRANSFER POWER FROM THE BUDGET AND CONTROL BOARD TO THE DEPARTMENT OF TRANSPORTATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-27-400, AS AMENDED, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO REVISE THE RATIO FOR APPORTIONMENT AND TO PROVIDE FOR EXPENDITURES BY THE COUNTY COUNCILS; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES; TO PROVIDE FOR THE TERM OF DIRECTORS AND COMMISSIONERS OF CERTAIN BOARDS TO CONTINUE; AND TO REPEAL ARTICLE 5, CHAPTER 3, TITLE 57, RELATING TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND OTHER PERSONNEL, SECTIONS 12-27-1260, 12-27-1280, AND 12-27-1300, RELATING TO STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM (SHIMS), 1-11-340, RELATING TO EXEMPTING SCHOOL BUSES FROM APPLICABILITY OF MOTOR VEHICLES MANAGEMENT PROVISIONS, AND SECTION 2 OF ACT 383 OF 1986, RELATING TO CHANGING REFERENCES IN THE 1976 CODE ON EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

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

"CHAPTER 1

Department of Transportation

Article 1

General Provisions

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 and 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) There is established a Department of Transportation which is an administrative agency of state government comprised of eight divisions:

(1) finance and administration;

(2) construction, engineering, and planning;

(3) motor vehicle services;

(4) mass transit;

(5) motor carrier services;

(6) aeronautics;

(7) public railways; and

(8) motor vehicle management.

Each division of the Department of Transportation has the functions and powers as provided for by law.

(B) All functions, powers, and duties provided by law to the following agencies, boards, commissions, departments, or divisions are transferred to the Department of Transportation:

(1) the South Carolina Aeronautics Commission, pursuant to Chapter 5, Title 55;

(2) the Public Railways Commission, pursuant to Chapter 19, Title 58;

(3) the Motor Vehicle Management Division of the State Budget and Control Board, pursuant to Sections 1-11-220 to 1-11-340; and

(4) the State Board of Education for the transportation of pupils and school buses, pursuant to Chapter 67, Title 59.

All records, property, personnel, and unexpended appropriations must be transferred to the control of the Department of Transportation. All regulations, standards, orders, or other actions of these entities remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

(C) All functions, powers, and duties provided by law to the South Carolina Department of Highways and Public Transportation relating to the highway patrol, pursuant to Chapter 5, Title 23, are transferred to the South Carolina Law Enforcement Division (SLED). All records, property, personnel, and unexpended appropriations must be transferred to the control of SLED.

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 any federal act, so as to acquire the benefits thereof of it.

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. For the purposes of this title:

(1) `Administrative District' means the geographic area established by Section 57-3-20.

(2) `Division Director' means an employee who is responsible for the day-to-day management and supervision of a division.

(3) `Commission' means the Transportation Oversight Commission.

(4) `Department' means the South Carolina Department of Transportation.

(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 district.

(6) `Highway', `street', or `road' are general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right-of-way, and the terms include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures, and other facilities commonly considered component parts of highways, streets, or roads.

(7) `Mass transit' means every conveyance of human passengers by bus, van, or other ground surface vehicle which is provided to the general public, or selected groups, on a regular and continuing basis.

(8) `Roadway' means 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' refers to roadways separately but not to all roadways collectively.

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

Section 57-1-40. All names given prior to June 13, 1951 to highways or bridges pursuant to legislative action shall be retained.

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.

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.

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.

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 57-1-140. Before building new or expanding existing primary highways, roads, and streets, the South Carolina Department of Highways and Public Transportation shall consider and make a written determination whether it is financially and physically feasible to include:

(1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area;

(2) pedestrian walkways or sidewalks; and

(3) bicycle lanes or paths. A copy of this determination must be submitted to the State Energy Office.

Article 3

Secretary of Transportation

Section 57-1-310. (A) There is established the office of the Secretary of Transportation who is appointed by the Governor with the advice and consent of the General Assembly. The secretary serves for a term of four years coterminous with the term of the Governor appointing. The term of office begins July 1, 1993. The secretary remains in office until his successor is appointed and qualifies.

(B) The person appointed by the Governor for the office of secretary must:

(a) possess a strong knowledge in the field of transportation;

(b) possess administrative ability; and

(c) may not have served as a member of the South Carolina Department of Highways and Public Transportation Commission within two years of the time that the term of office for the appointment would begin.

Section 57-1-320. (A) The General Assembly may not confirm a gubernatorial appointee to the office of the Secretary of Transportation until a hearing is conducted in accordance with the procedures set forth for the operation of the Joint Screening Committee as provided in Chapter 19 of Title 2.

(B) The Joint Screening Committee must begin holding hearings in accordance with subsection (A) no later than thirty days after receiving notice of an appointment from the Governor.

(C) If the General Assembly fails to act or confirm an appointee within sixty days of receiving notice of the appointment, the appointment is rejected and the Governor shall offer another appointee to fill the office of secretary.

(D) The secretary, before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State and give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties.

Section 57-1-330. The Secretary of Transportation must devote his entire time to the duties of his office and may not:

(a) engage in any occupation or business interfering with or inconsistent with his duty;

(b) serve on or under any committee of a political party; or

(c) employ, appoint, promote, transfer, or advance any person related to or connected to the secretary by consanguinity or affinity to the sixth degree to a position which is under the control or management of the secretary.

Section 57-1-340. The Secretary of Transportation shall carry out all of the day-to-day operations and all management functions of the Department of Transportation. The secretary 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 57-1-350. The Secretary of Transportation shall 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 secretary shall carry out his duties and consider the needs and conditions of the State as a whole and ensure that the general statewide interest retains priority over the needs and conditions of a particular area or region of the State.

Section 57-1-360. (A) The Secretary of Transportation shall receive compensation established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act.

(B) The secretary shall adopt an official seal for use on official documents of the Department of Transportation.

Section 57-1-370. (A) It is unlawful for a member or employee of the Transportation Oversight Commission, the Secretary of Transportation, employee of the Department of Transportation, or agent of the department, acting for or in behalf of the department or commission, to accept or agree to accept, receive or agree to receive, ask, or solicit, either directly or indirectly, for any:

(1) monies;

(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3) political appointment or influence, present, or reward;

(4) employment; or

(5) other thing of value;

with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced thereby.

(B) It is unlawful for a person to give or offer to give, promise, cause, or procure to be promised, offered, or given, either directly or indirectly, to any member or employee of the commission, the secretary, employee of the department, or agent of the department acting for or in behalf of the commission or department any:

(1) monies;

(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3) political appointment or influence, present or reward;

(4) employment; or

(5) other thing of value;

with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced thereby.

(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not less than one year or more than five years and is forever disqualified from holding any office of trust or profit under the Constitution or laws of this State.

Article 5

Transportation Oversight Commission

Section 57-1-510. (A) In order to assist in, recommend, and monitor the implementation of programs and expenditure of funds under the Department of Transportation, there is created a Transportation Oversight Commission.

(B) The congressional districts of this State constitute and create transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The General Assembly shall elect two commissioners for each transportation district. All commissioners must be appointed in the manner and for the terms of office as provided for in this article. The commissioners chosen constitute the Transportation Oversight Commission.

Section 57-1-520. (A) A county that is divided among two or more congressional districts, for purposes of appointment of a transportation commissioner, is considered to be in the district which contains the largest number of residents from that county.

(B) No county within a transportation district may have a resident commissioner for more than one consecutive term and in no event shall any two persons from the same county serve as a commissioner simultaneously. No person may be eligible to serve as a commissioner if they have previously served as a transportation commissioner.

(C) A member of the General Assembly or a former member of the General Assembly is prohibited from serving on the commission for a period of one year after terminating his office.

Section 57-1-530. (A) Commissioners must be appointed for a term of four years or until their successors are appointed and confirmed by the General Assembly. No person is eligible to serve as a transportation commissioner who is not a resident of that district at the time of his appointment. Failure by a transportation commissioner to maintain residency in the district for which he is appointed results in the forfeiture of his office. The term of office for a commissioner begins July first of the appropriate year.

(B) The terms of the initial members of the commission appointed from congressional districts are as follows:

(1) commissioners appointed to represent odd numbered congressional districts two years; and

(2) commissioners appointed to represent even numbered congressional districts four years.

Section 57-1-540. Members of the Transportation Oversight Commission may be removed by the General Assembly for cause shown. If cause for removal arises when the General Assembly is not in session, the vote may be taken by mail.

Section 57-1-550. Each commissioner within thirty days after his appointment, and before entering upon the discharge of the duties, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.

Section 57-1-560. The Transportation Oversight Commission shall:

(1) review and monitor the Department of Transportation programs and funding;

(2) make programmatic and funding recommendations to the General Assembly;

(3) report annually to the General Assembly on the status of activities of the department;

(4) recommend changes to the department as it considers necessary;

(5) administer the office of the Transportation Inspector General.

The department shall submit annually to the commission programs and expenditure reports and budget requests in a manner prescribed by the commission. The department shall assist and cooperate with the commission in the conduct of its budget and programs review.

The commission may establish dates for the submission of any information necessary to conduct a review pursuant to this section.

The commission, at any time, may submit recommendations to the General Assembly. Before January first of each year, the commission must submit recommendations regarding the department's annual budget to the Senate Finance Committee, the Senate Transportation Committee, the House Ways and Means Committee, and the House Education and Public Works Committee.

Section 57-1-570. (A) There is established an office of Transportation Inspector General which must be located within the Transportation Oversight Commission. The chairman of the commission must appoint a transportation inspector general who shall report to and serve at the pleasure of the chairman. (B) The transportation inspector general is authorized to receive and investigate any problem or complaints on behalf of any interested individual relating to the Department of Transportation. He has the authority to carry out an investigation and to request and receive written statements, documents, exhibits, and other items pertinent to the investigation. At the conclusion of the investigation, he may issue a report and recommendations to the commission as in his opinion will assist the department in improving its operation."

SECTION 2. Article 1, Chapter 3, Title 57 of the 1976 Code is amended to read:

"Article 1

General Provisions

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 Department of Transportation must be divided into divisions as the Secretary of Transportation may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; motor vehicle services; mass transit; motor carrier services; aeronautics; public railways; and motor vehicle management. The secretary may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the department.

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 Secretary of Transportation may establish administrative districts necessary for the proper and efficient performance of its duties. The secretary, every ten years, shall review the number of administrative districts and the territory embraced within the districts and make changes necessary for the proper and efficient operation of the districts.

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 Department of Transportation has the following duties and powers:

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

(2) acquire lands, road building materials, and rights-of-way 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 the highways, subject to the laws of the State;

(4) number or renumber state highways;

(5) initiate and conduct 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, 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 planning, research, and development of improved mass transit service, facilities, equipment, techniques, and methods; seek and receive federal aid and assistance 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 and departments of the State in street, highway, traffic, and mass transit matters when requested to do so, and, if requested by these government authorities, to supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided these duties do not impair the attentionNext 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) promulgate regulations for the administration and enforcement of the powers delegated to the department by law, which have the full force and effect of law upon filing in accordance with the Administrative Procedures Act;

(13) grant churches the right to cross over, under, along, and upon public roads or highways and rights-of-way related to it;

(14) erect signs as requested by a local governing body, if the department considers the signs necessary for public safety and welfare, including `Deaf Child' signs and `Crime Watch Area' signs;

(15) perform aeronautics duties as provided by Chapter 5, Title 55;

(16) perform railway duties as provided by Chapter 19, Title 58;

(17) operate the school buses and provide for the transportation of students as provided by Chapter 67, Title 59;

(18) manage the state-owned fleet of motor vehicles pursuant to Sections 1-11-220 to 1-11-340; and

(19) do 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 Department of Transportation 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 entity the necessary costs in the event of any expense.

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 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 assure the compliance through contract documents and regulations necessary and to receive input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations."

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

"Article 3

Structure of Department of Transportation

Section 57-3-210. The several judicial circuits of the State are for the purposes of this Title hereby constituted and created highway districts of the State; designated by numbers corresponding to the numbers of the respective judicial circuits. For each of such highway districts there shall be chosen in the manner and for the terms of office herein provided a highway commissioner to be known as a district highway commissioner. Two commissioners, upon the advice and consent of the Senate, shall be appointed by the Governor from the State at large, whose terms shall be coterminous with that of the Governor appointing. The several commissioners so chosen shall constitute as a body the State Highway Commission and Public Transportation Commission. (A) The Secretary of Transportation is the executive and administrative head of the Department of Transportation. The secretary shall carry out the policies and administer the affairs of the department, and shall represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.

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

Section 57-3-220. Upon the expiration of the terms of office of the present district highway commissioners (the terms of the commissioners for the second, ninth, tenth, twelfth and fourteenth districts expiring April 15, 1962, those for the third, eighth, eleventh and thirteenth districts April 15, 1963 and those for the first, fourth, fifth, sixth and seventh districts April 15, 1964), the district highway commissioners shall be chosen as provided herein for a term of office of four years, which shall expire on April fifteenth of the appropriate year. The legislative delegations representing the counties of each highway district herein created 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 such call for the purpose of electing a highway commissioner to represent such 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 shall constitute a quorum for the purpose of electing a district highway commissioner, but no person shall be declared elected district highway commissioner who shall fail to receive a majority vote of all the members of the county legislative delegations from the highway district. The joint county legislative delegations of each highway district shall be organized by the election of a chairman and a secretary, and such joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt such rules as they deem 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 immediately transmit the name of the person elected to the Secretary of State, who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon forthwith issue a commission to such person, and pending such issuance the aforementioned certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office as commissioner. Each district highway commissioner shall serve until his successor shall have been elected and qualified. The Secretary of Transportation shall appoint two deputy secretaries who serve at the pleasure of the secretary. The duties and responsibilities of the deputy secretaries include, but are not limited to:

(1) the operation and management of administrative districts, including the implementation of uniform departmental policies, rules, procedures, and standards in order to ensure that each district uses its resources in an efficient and effective manner. This deputy secretary is the direct supervisor of each district director and must annually develop a needs assessment plan for administrative district offices; and

(2) the operation and management of each division, including establishing uniform departmental policies, rules, procedures, and standards to ensure uniform compliance and quality performance. This deputy secretary is the direct supervisor of each division director and must annually develop a needs assessment plan for each division. If the secretary is unable, absent, or fails to perform his required duties, he must perform the duties of the secretary.

Section 57-3-230. Any vacancy as district highway commissioner occurring by death, resignation or removal shall be filled by election in the manner provided in Section 57-3-220 for the unexpired term only. Any vacancy as district highway 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. The Secretary of Transportation must appoint a district director for each administrative 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 district and serves at the pleasure of the secretary. He is responsible for coordinating and managing all aspects of the Department of Transportation's operations at the administrative district level, including personnel, budgeting, and strategic planning.

Section 57-3-240. Representation of a given highway district on the commission shall be rotated among the counties of the district, except by unanimous consent of all members of the county legislative delegations from the district. No district highway commissioner elected under the provisions of this article shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the district. The legislative delegation of any county entitled to a district highway commissioner under the provisions of this section shall nominate at least three suitable persons for the office, one of whom shall be elected district highway commissioner by a majority vote of all of the members of the county legislative delegations representing the district. The divisions established in Section 57-3-10 must be administered by a division director who serves at the pleasure of the Secretary of Transportation. The responsibilities and duties of the following division directors include, but are not limited to:

(1) Director of Finance and Administration:

(a) financial planning and management;

(b) accounting systems necessary to comply with all federal and state laws and 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; and

(b) regulation of motor vehicle dealers;

(4) Director of Mass Transit:

(a) development and implementation of statewide modal system plan, including mass transit systems;

(b) transportation of pupils and school buses pursuant to Chapter 67, Title 59;

(5) Director of Motor Carrier Services:

(a) administer all statutes and regulations that authorize or require the Department of Transportation 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 required and the forfeiture of 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.

(6) Director of Aeronautics, provided by Chapter 5, Title 55, shall administer aeronautics responsibilities assigned to the department;

(7) Director of Railways, provided by Chapter 19, Title 58, shall administer railway responsibilities assigned to the department;

(8) Director of Motor Vehicle Management who shall administer the fleet of state-owned motor vehicles pursuant to Sections 1-11-220 to 1-11-340.

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

Section 57-3-250. Each district highway commissioner shall receive such compensation as may be provided by the General Assembly per annum, and official expenses as provided by law for members of state boards and commissions. The Secretary of Transportation has the exclusive authority to employ a chief counsel, staff PreviousattorneysNext, and support staff as necessary, to represent the Department of Transportation in legal matters, including workers' compensation, condemnation procedures, and other litigation. Extra legal services that may be required must be performed by PreviousattorneysNext selected by the secretary. 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 must be paid for from the state highway fund.

Section 57-3-260. The State Highway Commission shall select its chairman and other officers to serve for such terms as the Commission may designate. The Commission shall adopt its own rules and procedures. The Secretary-Treasurer of the South Carolina Department of Highways and Public Transportation shall act as secretary of the Commission. The Department of Transportation 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.

Section 57-3-270. The Commission may adopt an official seal for use on official documents of the department."

SECTION 4. Article 7, Chapter 3, Title 57 of the 1976 Code is amended to read:

"Article 7

Duties and Powers Generally

Section 57-3-600. 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 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 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 PreviousattentionNext 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 by agreement must be reimbursed for the expenses incurred to implement the dedication which exceed six 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 and be paid for by the party pursuant to the agreement.

Section 57-3-620. The Department of Transportation 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 on them.

Section 57-3-630. The Department of Transportation may bring suits in its name, whenever a cause of action shall accrue accrues to the State by reason of the injury, damage, destruction, or obstruction of any road in the 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 highway system. It also may also bring suits in its name whenever subrogation shall arise arises by reason of payments made to officers or employees of the department pursuant to the Workers' Compensation Law. Suits for the recovery of appropriate damages, and other proceedings incident thereto to them, shall must be instituted in any court of competent jurisdiction, for and in behalf of the State in the name of the 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 of Transportation or any other person duly authorized by him.

Section 57-3-640. The Department of Transportation may construct and maintain necessary driveways and roads in state parks. All work to be performed by the department pursuant to the provisions of this section shall be are with the consent and approval of the Department of Parks, Recreation and Tourism, and such. This work shall does not result in the assumption by the 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 the work. Such Driveways and roads taken over in state parks shall do not affect the respective counties' portion of mileage to be taken over by the department under any other statute. The construction and maintenance work by the department authorized by this section shall must be paid for from the state highway fund.

Section 57-3-650. (a)(A) Highway construction and maintenance by the South Carolina Department of Highways and Public Transportation Department of Transportation as authorized in this 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 may construct and maintain on such the land public rest and recreational areas, roadside parks, sanitary and other facilities reasonably necessary to accommodate the traveling public.

(b)(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 consider 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 must be staffed by persons hired and paid by the Department of Parks, Recreation and Tourism.

(c)(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 the agreements.

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

Section 57-3-670. The Department of Transportation 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 highways, access roads, flight strips, and all other eligible projects, regardless of whether such the projects are a part of the 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 highway purposes.

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

Section 57-3-690. Whenever When the Department of Transportation, shall with federal funds, undertake undertakes the construction of any county road or shall, in anticipation of federal funds becoming available for such that purpose, establish establishes the location of any such road, the lawfully authorized officials of the county concerned shall provide, without cost to the 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 the rights-of-way and other necessary lands such the 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 Secretary of Transportation, the county officials may designate the Department of Transportation, 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 must be made by the county on order of the Department of Transportation. Any A 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 authorized by this article has a right of action against the county concerned as is authorized by law, and the remedy thus afforded shall be by law is exclusive.

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

Section 57-3-730. The Department of Transportation 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 highways. But the cost to be assumed by the department incident to any such the crossing shall must not exceed the actual cost of the structure necessary to carry the waters of the drainage canal across the state highway.

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

Section 57-3-760. The Department of Transportation, at the beginning of each during each regular session of the General Assembly, shall make a full, printed, detailed report to the Transportation Oversight Commission and the General Assembly showing an analysis of:

(1) the department's accomplishments in the past year;

(2) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system;

(3) a five-year plan detailing the regulation of traffic 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 in the State;

(4) 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

(5) an accounting aggregated by county of the receipts of gasoline taxes and motor vehicle license fees, disbursements of the department, and such other data as may be of interest in connection with the work of the department.

Section 57-3-770. The South Carolina Department of Highways and Public Transportation Department of Transportation, 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 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 This location must be within one hundred yards of the road being cleaned.

Section 57-3-780. Before building new or expanding existing primary highways, roads, and streets, the Department of Transportation shall consider and make a written determination whether it is financially and physically feasible to include:

(1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area;

(2) pedestrian walkways or sidewalks; and

(3) bicycle lanes or paths. A copy of this determination must be submitted to the State Energy Office."

SECTION 5. Article 11, Chapter 3, Title 57 of the 1976 Code, as last amended by Act 248 of 1991 (Ethics Act) is further amended to read:

"Article 11

Interagency Council on Public Transportation

Section 57-3-1010. There is hereby established, within the South Carolina Department of Highways and Public Transportation, the South Carolina Interagency Council on Public Transportation. The council shall give advice and make recommendations to the department and the General Assembly on all matters dealing with public transportation in this State.

Section 57-3-1020. (A) The following officials or their designee shall serve ex officio as members of the Interagency Council on Public Transportation:

(1) the Governor;

(2) the Lieutenant Governor;

(3) the Executive Director Secretary of the Department of Highways and Public Transportation;

(4) the Chairman of the South Carolina Public Service Commission;

(5) the Director of the South Carolina Commission on Aging;

(6) the Commissioner of the Department of Social Services;

(7) the Director of the Office of Transportation in the Department of Education;

(8) the Director of the State Energy Management Office;

(9) (8) the Commissioner of the Department of Vocational Rehabilitation;

(10) (9) the Director of the Department of Parks, Recreation and Tourism; and

(11) the Director of the Office of Motor Vehicle Management (12)(10) the Commissioner of the Department of Mental Retardation.

(B) Other members of the Interagency Council shall be are:

(a) (1) one person appointed by the Governor upon the recommendation of the Association of Community Action Agencies;

(b) (2) one person appointed by the Governor upon the recommendation of the South Carolina Association of Regional Councils;

(c) (3) one person appointed by the Governor upon the recommendation of the South Carolina Municipal Association;

(d) (4) one person appointed by the Governor upon the recommendation of the South Carolina Association of Counties;

(e) (5) one person appointed by the Governor representing the Regional Transportation Authorities; and

(f) (6) one person appointed by the Governor upon the recommendation of the State Health and Human Services Finance Commission.

(C) The five members to be appointed by the Governor shall be are appointed for terms of four years, except that of those initially appointed, two shall be are appointed for terms of two years and three shall be are appointed for terms of four years, such the terms to be determined by lot. All members of the Interagency Council shall serve until their successors are appointed and qualify. Any A vacancy occurring for any reason shall must be filled for the remainder of the unexpired term by appointment in the manner of original appointment.

Section 57-3-1030. The Interagency Council on Public Transportation shall meet as soon as may be practicable after appointment for the purpose of organizing. The Executive Director of the South Carolina Department of Highways and Public Secretary of Transportation or his designee shall serve serves as chairman. The Interagency Council council shall elect a vice-chairman from among its nongubernatorial members and also may also elect from its membership such other officers as it deems necessary. The vice-chairman and other officers, if any, shall serve for terms of two years. The Interagency Council council shall meet meets at least once each quarter and at such other times as may be designated by the chairman. A majority of the membership at the time of the meeting shall constitute constitutes a quorum. The members of the Interagency Council council shall serve without compensation, but those members who are not full-time officers or employees of the State shall receive such per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees from sums appropriated by the General Assembly to the Department of Transportation for the accomplishment of public transportation responsibilities.

Section 57-3-1040. There shall be employed Employed within the Department of Highways and Public Transportation is an executive assistant to the Interagency Council on Public Transportation. The executive assistant shall be is appointed by the Chief Commissioner Secretary of Transportation with the advice and consent of the Interagency Council council. He shall be is charged with the accomplishment of public transportation responsibilities of the department and council, with specific duties, powers, and functions as prescribed by the Chief Commissioner secretary and council. The salary of the executive assistant to the Interagency Council council, and of such other staff and clerical personnel employed by the department and assigned to public transportation responsibilities, and every other cost or disbursement for accomplishment of public transportation goals of the department shall must be paid from sums appropriated by the General Assembly to the department for Public Transportation.

Section 57-3-1050. No agency, department, or body politic or legally constituted agency of the State of South Carolina shall make application or preapplication for funds from the state or federal governments or any agency or department thereof of it, provided as assistance for public transportation study, planning, implementation, or operation, without giving the Department of Transportation and Interagency Council on Public Transportation forty-five days in which to review and comment on the application or preapplication through the South Carolina Project Notification and Review System established in the Budget and Control Board in compliance with Federal Management Circular 74-7, PreviousAttachmentNext M. The comments of the Department of Transportation and Interagency council shall must accompany the application or preapplication at the time that it is submitted to the state or federal agency or department from which assistance is sought. In evaluating such the applications or preapplications, the Department of Transportation and Interagency council will be guided by the overall public transportation needs of the State and the efficient development, implementation, operation, evaluation, and monitoring of coordinated transportation systems, both public and private and urban and rural."

SECTION 6. 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 As used in this article:

(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 means the tax levied pursuant to Chapter 29, Title 12.

(3) `Gasoline tax' shall mean means not less than 7.09 cents of the 8.09 cents per a gallon tax imposed upon gasoline, its 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 is increased to more than 8.09 cents per a gallon, then in such event all of such the increase shall be is 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 prescribes some other use for all or some portion of such the increase in such tax.

(4) `Highway commission' `Department' shall mean means the South Carolina Department of Transportation 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 pursuant to the provisions of Chapter 3, Title 57 department by law.

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

(6) `Motor vehicle license tax' shall mean means 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 means the road tax imposed on motor carriers pursuant to Chapter 31, Title 12.

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

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

(10) `State highway bonds' shall mean means all general obligation bonds of the State of South Carolina designated as 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 PreviousattachedNext 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 purposes of the Department of Transportation as the General Assembly may authorize must be issued in accordance with the provisions of Chapter 17 of Title 11 and Chapter 47 of Title 2.

In addition to the requirements of Chapter 17 of Title 11 and Chapter 47 of Title 2, the department, in each odd-numbered year, must review the construction needs for the state highway programs. Upon conclusion of this review, the department shall recommend to the General Assembly, projects for construction it considers advisable in the ensuing year. The department, in making its review and recommendations, may consider socioeconomic and transportation factors including, but not limited to:

(1) per capita employment;

(2) farm acres for each square mile;

(3) per capita income;

(4) population for each square mile;

(5) existing interstate and primary road mileage for each 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; and

(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 must 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 this limitation 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.

Section 57-11-250. For the payment of the principal of and interest on all 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 is pledged and, in addition thereto, but subject to the limitations hereafter set forth, all of the moneys monies derived from taxes levied in Sections 12-27-1210 through 12-27-1240 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 Department of Transportation, for the payment of the principal and interest of state highway bonds, as the same they 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 does 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 highway bonds shall be are outstanding, the gasoline tax shall must not be not less than the amount needed to fund the general operations budget of the Department of Transportation in addition to the tax levied and collected under the provisions of Section 12-27-1210 through 12-27-1240 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 highway bonds, and may transmit a certified copy thereof of it to the Governor and to the State Treasurer, with the request that they issue and deliver state highway bonds in accordance with the terms and conditions of such the resolution. Such The resolution shall must set forth the following:

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

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

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

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

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

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

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

(8) the form of advertisement of sale;

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

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

Such The resolution shall further must 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 highway bonds then outstanding and all state highway bonds thereafter to be outstanding and that the estimate made by the Highway and Public Transportation Commission Department of Transportation 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 highway bonds then outstanding and all state highway bonds thereafter to be outstanding.

Section 57-11-290. The Governor and State Treasurer are empowered to issue bonds in accordance with the request of the resolution of the State Board If if, following a presentation of a certified copy of the resolution of the State Board, it shall appear appears to the satisfaction of the Governor and the State Treasurer that the:

(a)(1) the amount of revenues derived from the sources of revenue, during the preceding fiscal year, did in fact exceed exceeded one hundred fifty percent of the maximum annual principal and interest requirements of all state highway bonds then outstanding and all state highway bonds thereafter to be outstanding; and

(b)(2) 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 highway bonds then outstanding and all 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 must be issued in such a 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 must be in the denomination of one thousand dollars or some multiple thereof of it.

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 the conditions as the State Board may prescribe prescribes. State highway bonds so registered as to principal in the name of the holder may thereafter be registered thereafter as payable to bearer and made payable accordingly.

State highway bonds also may also be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully Fully registered bonds shall be are subject to transfer under such conditions as the State Board shall prescribe prescribes. Such fully Fully registered bonds may, if the proceedings authorizing their issuance so provide, may be convertible into negotiable coupon bonds with the PreviousattributesNext 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 highway bonds shall mature matures 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 the date of the bonds. Such installments Installment or series may be equal or unequal in amount. State highway bonds may, in the discretion of the State Board, may be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve approves and on such occasions as it may prescribe prescribes. State highway bonds shall not be are redeemable before maturity unless they contain a statement to that effect.

Section 57-11-340. All state highway bonds issued under this article, and the interest thereon, shall be are exempt from all 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 PreviousattestedNext by the Secretary of State. All coupons that may be Previousattached 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 the disposition shall be are approved by resolution duly adopted by the State Board.

Otherwise, state highway bonds shall be are sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such the sale one or more times at least seven days before such the 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 or municipal bonds. The bonds shall be are 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 is 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 the bonds, the State Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sales of such the bonds shall must be paid from the proceeds of the sale of such the bonds.

Section 57-11-370. It shall be is 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 sinking funds, to invest any moneys monies in their hands in state highway bonds.

Section 57-11-380. The proceeds of the sale of state highway bonds shall must 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 must be used to discharge in part the first interest to become due on such the bonds, and the premium, if any, shall must be used to discharge the payment of the first installment of principal to become due on such the bonds, but the purchasers of such the bonds shall in no wise be are not 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 highway bonds shall must 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 Sections 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 Department of Transportation 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. These and 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 7. Chapter 27, Title 12 of the 1976 Code is amended by adding:

"Section 12-27-35. The Tax Commission, in addition to other reporting requirements of this chapter, shall require that the taxes imposed pursuant to Chapter 27 of Title 12 be reported and aggregated by county. This information must be submitted to the commission on forms prescribed by the commission in conjunction with reports that are submitted pursuant to Section 12-27-30."

SECTION 8. Section 2-7-105 of the 1976 Code, as last amended by Act 612 of 1990, is further 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 9. Section 11-17-10(a) of the 1976 Code is amended to read:

"(a) The term `bonds' shall mean means 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' also includes state highway bonds as defined pursuant to the provisions of item (10) of Section 57-11-210."

SECTION 10. Section 1-11-220 of the 1976 Code is amended to read:

"Section 1-11-220. There is hereby established within the Budget and Control Board Department of Transportation the Division of Motor Vehicle Management Division headed by a Director, hereafter referred to as the `State Fleet Manager', appointed by and reporting directly to the Budget and Control Board, hereafter referred to as the Board Secretary of Transportation. The Board department shall develop a comprehensive state Fleet Management Program. The program shall address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.

The Budget and Control Board shall department, through their policies and regulations, shall seek to achieve the following objectives:

(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.

(b) to eliminate unofficial and unauthorized use of state vehicles.

(c) to minimize individual assignment of state vehicles.

(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.

(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.

(f) to ensure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."

SECTION 11. Section 1-11-230 of the 1976 Code is amended to read:

"Section 1-11-230. In order to develop proposed regulations for a comprehensive Motor Vehicle Management System, to act in an advisory capacity concerning the operations of the Division of Motor Vehicle Management Division, and to hear appeals against the enforcement of regulations promulgated by the Budget and Control Board Department of Transportation pursuant to Sections 1-11-220 through 1-11-330, there is hereby established a Motor Vehicle Management Council consisting of three members appointed by the Budget and Control Board Secretary of Transportation, with the advice and consent of the Senate. Members shall serve terms of four years, except that of those first appointed, one shall serve two years, one shall serve three years, and one for a full term. Members shall must be from the private sector and possess expertise in the field of motor vehicle management. In the event of a vacancy on the council by reason of death, resignation, removal for cause, or any other reason, the vacancy shall must be filled in the manner of the original appointment for the unexpired term. Two members, present and voting, shall constitute a quorum for the conducting of council business. Council members will shall meet not less than at least quarterly, and shall be are allowed the regular per diem, mileage, and subsistence as provided by law for members of state boards and commissions."

SECTION 12. Section 1-11-240 of the 1976 Code is amended to read:

"Section 1-11-240. The duties of the Motor Vehicle Management Council shall consist of the following are to:

(a)(1) To recommend to the Board Department of Transportation those persons it finds qualified to act as State fleet manager. The fleet manager shall be is chosen by, and shall serve the Board. serves at the pleasure of the Secretary of Transportation; (b)(2) To study, and make recommendations to the Board department concerning the methods and procedures necessary to achieve the objectives specified in paragraph (A). (1);

(c)(3) To act as a hearing board, for the purpose of hearing and ruling on all disputes, complaints, and any other grievances lodged against the promulgation, implementation, and enforcement of regulations developed pursuant to this Sections 1-11-220 to 1-11-330.

The council is authorized to establish a hearing procedure whereby complaints lodged against the promulgation, implementation, and enforcement of regulations developed under this Sections 1-11-220 to 1-11-330 are disposed of in an equitable fashion.

The procedure shall provide provides that all grievances be submitted directly to the council, and be disposed of with or without a hearing, at the Council's discretion. The procedure shall further must provide that all complaints shall be acted upon within forty-five days, and that all decisions and findings will be reported to the affected parties within twenty days of the date complaints are considered by the Council.

The procedure shall also must provide that all decisions of the council shall be are appealable to the Board department within ten days of notification of a final decision or finding. The Board department shall act on an appeal within forty-five days of its filing, and shall conduct such action by means of a review of the case record developed by the Council, and shall, in. In extraordinary cases only, the department shall provide the party filing the complaint with a hearing de novo. The Board department shall report its decision within thirty days of its consideration of the appeal."

SECTION 13. Section 1-11-250 of the 1976 Code is amended to read:

"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330: (a)(1) `State agency' shall mean means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.

(b)(2) `Board Department' shall mean means State Budget and Control Board the Department of Transportation.

(c)(3) `Council' shall mean means the Motor Vehicle Management Council as established in Section 1-11-230.

(4) `Division' means Motor Vehicle Management Division of the Department of Transportation.

(5) `Fleet Manager' means the director of the Motor Vehicle Management Division."

SECTION 14. Section 1-11-260 of the 1976 Code is amended to read:

"Section 1-11-260. The fleet manager and the council shall report annually to the Budget and Control Board Department of Transportation and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Management program. This report shall also must contain any recommended changes in the law and regulations necessary to achieve these objectives.

The Board department, after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program."

SECTION 15. Section 1-11-270 of the 1976 Code is amended to read:

"Section 1-11-270. The Board Department of Transportation shall establish criteria for individual assignment of motor vehicles based solely on the functional requirements of the job, which shall reduce reduces such assignment to situations clearly beneficial to the State. Only the Governor and statewide elective state officials shall be are provided an automobile solely on the basis of their office. All other individuals permanently assigned with automobiles shall log all trips on a log form approved by the Board department, specifying beginning and ending mileage and job function performed. However, trip logs shall must not be maintained for vehicles whose gross vehicle weight is greater than ten thousand pounds nor or for vehicles assigned to full-time line law enforcement officers. Agency directors and commissioners permanently assigned state vehicles may utilize exceptions on a report denoting only official and commuting mileage in lieu instead of the aforementioned trip logs."

SECTION 16. Section 1-11-280 of the 1976 Code is amended to read:

"Section 1-11-280. The Board Department of Transportation shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board department. Vehicles shall must be placed in motor pools rather than being individually assigned except as specifically authorized by the Board department in accordance with criteria established by the Board department. The motor pool operated by the Division of General Services of the Budget and Control Board shall must be transferred to the Division of Motor Vehicle Management Division of the department. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board department for each trip, specifying beginning and ending mileage and the job function performed.

The provisions of this section shall do not apply to school buses and service vehicles."

SECTION 17. Section 1-11-290 of the 1976 Code is amended to read:

"Section 1-11-290. The Board Department of Transportation in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Board department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.

The State Vehicle Maintenance program shall include includes:

(a)(1) central purchasing of supplies and parts;

(b)(2) an effective inventory control system;

(c)(3) a uniform work order and recordkeeping system assigning actual maintenance cost to each vehicle; and

(d)(4) preventive maintenance programs for all types of vehicles.

All motor fuels shall must be purchased from state facilities except in cases where such the purchase is impossible or not cost beneficial to the State.

All fuels, lubricants, parts, and maintenance costs including those purchased from commercial vendors shall must be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall must include the mileage on the odometer of the vehicle at the time of service."

SECTION 18. Section 1-11-300 of the 1976 Code is amende to read:

"Section 1-11-300. In accordance with criteria established by the Board Department of Transportation, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that Board department approval shall be is required and that the existing systems shall be is uniform with the criteria established by the Board department. Beginning July 1, 1981, all All routine expenditures on a vehicle including gasoline and oil shall must be purchased from state-owned facilities and paid for by the use of Universal State Credit Cards except in unavoidable emergencies. The Board department shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board department shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State."

SECTION 19. Section 1-11-310 of the 1976 Code, as last amended by Act 449 of 1992, is further amended to read:

"Section 1-11-310. (A) The State Budget and Control Board Department of Transportation shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life-cycle costs.

(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management fleet manager shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.

(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management fleet manager and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of `Law Enforcement Officer' must be standard or special state fleet sedans.

(D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division of Motor Vehicle Management Division pending sale or disposal of the vehicle.

(E) The department must maintain titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation must be retained by those agencies department.

(F) Exceptions to requirements in subsections (B) and (C) must be approved by the director of the Division of Motor Vehicle Management fleet manager. Requirements in subsection (B) do not apply to the State Development Board.

(G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency."

SECTION 20. Section 17, Part V, Act 449 of 1992, as codified as Section 1-11-315, is amended to read: "Section 1-11-315. The State Budget and Control Board Division of Department of Transportation's Motor Vehicle Management Division shall determine the extent to which the state vehicle fleet can be configured to operate on alternative transportation fuels. This determination must be based on a thorough evaluation of each alternative fuel and the feasibility of using such fuels to power state vehicles. The state fleet must be configured in a manner that will serve as a model for other corporate and government fleets in the use of alternative transportation fuel. By March 1, 1993, the division of Motor Vehicle Management must submit a plan to the General Assembly for the use of alternative transportation fuels for the state vehicle fleet that will enable the state vehicle fleet to serve as a model for corporate and other government fleets in the use of alternative transportation fuel. This plan must contain a cost/benefit analysis of the proposed changes."

SECTION 21. Section 1-11-320 of the 1976 Code is amended to read:

"Section 1-11-320. The Board Department of Transportation shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government license plates and either state or agency seal decals. No vehicles shall be are exempt from the requirements for identification except those exempted by the Board department.

This section shall does not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board department after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board department is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily would be impaired."

SECTION 22. Section 1-11-330 of the 1976 Code is amended to read:

"Section 1-11-330. The provisions of Sections 1-11-220 to 1-11-330 shall do not apply to school buses and service vehicles operated by the State Department of Education Transportation."

SECTION 23. Section 1-11-340 of the 1976 Code is amended to read:

"Section 1-11-340. The Board Department of Transportation shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve serves to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board department shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."

SECTION 24. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991, is further amended to read:

"Section 12-27-400. 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 one-half 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 one-half 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.

Seventy-five percent of a county's apportionment of `C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made county council members must approve the roads upon which `C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent `C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using `C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.

The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent `C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.

The expenditure of funds known as `C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made county council members. The approval of the expenditure of `C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.

Each county legislative delegation council must be notified by the Department of Transportation no later than July 30 of each year as to the balance of any unexpended `C' funds from the previous fiscal year. All unexpended `C' fund monies must remain in that account for the succeeding fiscal year and must be expended as provided for in this section."

SECTION 25. Upon the effective date of this act, the Department of Transportation 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 department shall prepare a written report that details all the projects, including the approximate location of the project and the estimated cost of completing such projects. The department must issue this written report to the Joint Bond Review Committee and the Budget and Control Board. All funds not approved by the department for the continuation of construction projects must be transferred to the state highway bond fund as established in Section 57-11-400 and all funds approved by the department for the continuation of construction projects must be transferred to the state highway fund to be used for the completion of the projects.

SECTION 26. (A) Wherever the term Department of Highways and Public Transportation appears in Titles 56 and 57 of the 1976 Code of Laws of South Carolina, or its cross references, it means Department of Transportation. Whenever the term Department of Highways and Public Transportation appears in Chapter 5 of Title 23 it means the South Carolina Law Enforcement Division. The Code Commissioner is directed to change all references at a time and in a manner as may be timely and cost effective.

(B) Wherever the term Executive Director appears in Titles 56 and 57 of the 1976 Code of Laws of South Carolina, it means Secretary of Transportation. The Code Commissioner is directed to change all references at a time and in a manner as may be timely and cost effective.

(C) Wherever the term South Carolina Aeronautics Commission appears in Title 55, Chapter 5 the 1976 Code of Laws of South Carolina, it means the Department of Transportation. The Code Commissioner is directed to change all references at a time and in a manner as may be timely and cost effective.

(D) Wherever the term Public Railways Commission appears in Chapter 19, Title 59 the 1976 Code of Laws of South Carolina, it means the Department of Transportation. The Code Commissioner is directed to change all references at a time and in a manner as may be timely and cost effective.

(E) Wherever the term State Board of Education or State Department of Education appears in Chapter 67, Title 59 it means the Department of Transportation. The Code Commissioner is directed to change all references at a time and in a manner as may be timely and cost effective.

(F) Wherever the term Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety appears in Title 12, Chapter 27 and Title 57 of the 1976 Code of Laws of South Carolina, it means the Highway Bond Fund. The Code Commissioner is directed to change all references at a time and in a manner as may be timely and cost effective.

SECTION 27. To minimize the cost in implementing the provisions of this bill, the Department of Transportation 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 seal which may be compelled by the provisions of this bill.

SECTION 28. The Executive Director and members of the South Carolina Department of Highways and Public Transportation Commission, the South Carolina Aeronautics Commission, and the Public Railways Commission, the Director of the Division of Motor Vehicle Management of the Budget and Control Board, and the Director of Transportation within the State Department of Education shall continue to serve until the Secretary of Transportation is appointed and qualified.

SECTION 29. Article 5, Chapter 3 of Title 57, Sections 1-11-340, 12-27-1260, 12-27-1280, and 12-27-1300 of the 1976 Code, and Section 2 of Act 383 of 1986 are repealed.

SECTION 30. This act takes effect July 1, 1993.

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