H 3288 Session 109 (1991-1992)
H 3288 General Bill, By D.M. Beasley, R.L. Altman and Townsend
A Bill to amend Section 11-35-45, Code of Laws of South Carolina, 1976,
relating to payments for goods and services received by the State, so as to
delete the reference to the Department of Highways and Public Transportation;
to amend Articles 1, 3, and 5, Chapter 3, Title 57, relating to the Department
of Highways and Public Transportation and Commission, so as to change the name
of the Department and Commission to the Department of and Commission on
Transportation, reorganize the Department, revise provisions for its
employees, and revise the Commission; to amend Article 1, Chapter 11, Title
57, relating to finances of the Department, so as to revise the procedures for
the use of revenue and operation of the Department and to delete obsolete
references to the 1962 Code; to repeal Section 2, Act 383 of 1986 relating to
changing references to the Executive Director of the Department; to repeal
Section 124.20, Part I, Act 612 of 1990 relating to the transfer of funds by
the Commission; to direct the Code Commissioner to change certain references
in the Code; to require the Department to utilize department supplies and
materials; and to provide for service of current Commission members and
initial terms.
01/23/91 House Introduced and read first time HJ-8
01/23/91 House Referred to Committee on Education and Public
Works HJ-9
A BILL
TO AMEND SECTION 11-35-45, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PAYMENTS FOR GOODS AND
SERVICES RECEIVED BY THE STATE, SO AS TO DELETE THE
REFERENCE TO THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION; TO AMEND ARTICLES 1, 3, AND 5,
CHAPTER 3, TITLE 57, RELATING TO THE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION AND
COMMISSION, SO AS TO CHANGE THE NAME OF THE
DEPARTMENT AND COMMISSION TO THE DEPARTMENT OF
AND COMMISSION ON TRANSPORTATION, REORGANIZE THE
DEPARTMENT, REVISE PROVISIONS FOR ITS EMPLOYEES,
AND REVISE THE COMMISSION; TO AMEND ARTICLE 1,
CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE
DEPARTMENT, SO AS TO REVISE THE PROCEDURES FOR THE
USE OF REVENUE AND OPERATION OF THE DEPARTMENT
AND TO DELETE OBSOLETE REFERENCES TO THE 1962 CODE;
TO REPEAL SECTION 2, ACT 383 OF 1986 RELATING TO
CHANGING REFERENCES TO THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT; TO REPEAL SECTION 124.20, PART I, ACT
612 OF 1990 RELATING TO THE TRANSFER OF FUNDS BY THE
COMMISSION; TO DIRECT THE CODE COMMISSIONER TO
CHANGE CERTAIN REFERENCES IN THE CODE; TO REQUIRE
THE DEPARTMENT TO UTILIZE DEPARTMENT SUPPLIES AND
MATERIALS; AND TO PROVIDE FOR SERVICE OF CURRENT
COMMISSION MEMBERS AND INITIAL TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 11-35-45 of the 1976 Code is amended to read:
"Section 11-35-45. (A) Beginning January 1, 1983,
all vouchers for payment of purchases of goods or services
shall must be delivered to the Comptroller General's
office within thirty work days from receipt of the goods or services
whichever is received later by the agency. After the thirtieth work day,
the Comptroller General shall levy an amount not to exceed fifteen
percent per annum a year from the funds available to the
agency, such the amount to be applied to the unpaid
balance to be remitted to the vendor.
(B) All State agencies and institutions of the
State are required to shall comply with the provisions
of this section. Beginning July 1, 1983, the Department of Mental
Health, the Department of Mental Retardation
Department, the Department of Corrections, the Interagency
Council on Public Transportation, and the Sea Grant
Consortium shall process all payments for goods or services
through the Comptroller's Office. Only the lump sum institutions of
higher education and the Department of Highways and Public
Transportation shall be are responsible for the payment of
all goods or services within thirty work days after the receipt of
the goods or services, whichever is received later and shall pay an
amount not to exceed fifteen percent per annum a year
on any the unpaid balance which exceeds the thirty
work day period days.
(C) The Comptroller General shall issue written instructions to the
agencies and institutions to carry out the intent of this section.
All State offices, institutions, and agencies of state
government shall fully cooperate fully with the
Comptroller General in the implementation of this section.
(D) The thirty day period shall days do not begin
until the agency, whether or not the agency processes vouchers through
the Comptroller General, certifies its satisfaction with the received
goods or services."
SECTION 2. Articles 1, 3, and 5, Chapter 3, Title 57 of the 1976
Code are 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. For
purposes of this chapter:
(1) `Commission' means the Commission on Transportation,
governing body of the Department of Transportation.
(2) `Department' means the Department of Transportation.
(3) `Director' means the director of Transportation, chief
administrative officer of the Department of Transportation.
(4) `District director' means an employee of the department who
is assigned to and responsible for 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 a highway district. However, supervision
of law enforcement personnel is under the manager of law enforcement.
(5) `External deputy director' means an employee of the
department who is assigned to and responsible for the management,
coordination, and supervision of the combined operation of the
activities, services, and personnel in each district.
(6) `Highway district' means the geographic area established by
Section 57-3-210.
(7) `Internal deputy director' means an employee of the
department who is assigned to and responsible for the management and
supervision of the combined operation of the activities, services, and
personnel in each division.
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.
(A) The Department of Transportation is established as an
administrative agency of state government. Its functions and purposes
are:
(1) systematic planning, construction, maintenance, and
operation of the state highway system;
(2) regulation of traffic;
(3) administration and enforcement of traffic, driver, and
motor vehicle laws;
(4) coordination of state and federal programs relating to
public transportation among state departments, agencies, and other
political subdivisions;
(5) performance of duties delegated to it pursuant to law.
However, the department is not charged with duties delegated by law to
the Public Service Commission.
(B) The department is governed by the Commission on
Transportation through the Director of Transportation. The commission,
provided in Section 57-3-220, shall carry out its duties consistent with
the desires of the State as a whole, and it may not sacrifice general
statewide interest to purely local desires of a particular area.
Section 57-3-30. (A)(1) 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 must consist
of at least four the following principal divisions; one
of which shall be the:
(a) finance and administration;
(b) construction, engineering division, another
the, and planning;
(c) motor vehicle division, another the
services;
(d) 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;
(e) inspection, certification, compliance, permits,
and enforcement;
(f) mass transit.
(2) The commission may establish other divisions or
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 shall 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
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, and provide assistance, data, and advice upon
request. The department may process payments for goods and
services for the Interagency Council on Public Transportation.
Section 57-3-35 57-3-40. It is the sense of the
General Assembly that the The department of Highways
and Public Transportation should shall comply with Section
105(f) of the Federal Surface Transportation Assistance Act of 1982
(STAA-1982). The department is directed to and
effectuate and assure the compliance through necessary contract
documents and regulations as may be necessary and such input from
the Governor's Office. The (Office of
Small and Minority Business Assistance) in the Division of
Economic Development of the Governor's office shall provide input
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 State
Highway Department. 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.
Section 57-3-50. The State Highway Department 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.
Article 3
State Highway and Public
Transportation Commission
Section 57-3-210. The several judicial circuits of the State are
for the purposes of this Title hereby constituted and created
Seven 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 of South
Carolina are created composed of the following counties:
(1) District One: Calhoun, Fairfield, Lexington, and Richland
counties;
(2) District Two: Abbeville, Aiken, Anderson, Edgefield,
Greenwood, Laurens, McCormick, Newberry, and Saluda counties;
(3) District Three: Greenville, Oconee, and Pickens counties;
(4) District Four: Cherokee, Chester, Lancaster, Spartanburg,
Union, and York counties;
(5) District Five: Chesterfield, Clarendon, Darlington, Dillon,
Florence, Kershaw, Lee, Marion, Marlboro, and Sumter counties;
(6) District Six: Charleston, Georgetown, Horry, and
Williamsburg counties;
(7) District Seven: Allendale, Bamberg, Barnwell, Beaufort,
Berkeley, Colleton, Dorchester, Hampton, Jasper, and Orangeburg
counties.
Section 57-3-215. Notwithstanding the provisions of Section
57-3-210 or any other provision of law 57-3-220, the
Chairman chairmen of the Senate Transportation
Committee and the Chairman of the House Education and Public
Works Committee or their designees shall serve ex officio as
members of the State Highways and Public Transportation
commission.
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. (A) One member of the commission must be
elected from each of the seven highway districts at a joint session of the
General Assembly for a term of four years or until his successor is
elected and qualifies. The election may be held no earlier than April
first for a term to begin the following July first. Elections to fill
vacancies caused by death, resignation, or removal may be held earlier
than April first of the year in which the unexpired term terminates. The
term of the person elected to succeed that member expires on June
thirtieth of the year in which the term of the former member would have
expired. The General Assembly shall elect members based on merit
regardless of race, color, creed, or gender and shall strive to assure that
the membership of the commission is representative of all citizens of
South Carolina. No person may offer for election or serve as a
commissioner of a district who is not a resident of the district at the time
of the election. Failure by a commissioner to maintain residency in the
district for which he is elected results in the forfeiture of his office.
(B) Two commissioners must be appointed by the Governor from
the State at large, upon the advice and consent of the Senate. Their
terms are coterminous with that of the Governor appointing.
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.
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.
Section 57-3-250. Each district highway commissioner
shall receive such compensation as may be provided by the General
Assembly per annum, and must be reimbursed official
expenses as provided by law for members of state
boards, committees, and commissions.
Section 57-3-260. The State Highway commission shall
select its a chairman, vice-chairman, and
other officers first vice-chairman to serve for
such two-year terms as the Commission may
designate. The commission shall adopt its own rules and
procedures. The Secretary-Treasurer of the State Highway
Department shall act as manager of finance and administration
is secretary of the commission.
Section 57-3-270. The commission may adopt an official seal for
use on official documents of the department.
Article 5
Executive Director of the Department of
Highways and Public Transportation
and Other Personnel
Section 57-3-410. The Chief Highway Commissioner shall
director must be appointed by the State Highway
commission to serve for a four-year term at its pleasure.
A person appointed to this position shall The director
must be a citizen of practical and successful business and executive
ability. His The compensation shall of the
director must be fixed by the Commission established
in accordance with state law and regulation. The right to
remove or discharge a person holding the position of Chief Highway
Commissioner shall be reserved to the Commission.
Section 57-3-420. The Chief Highway Commissioner shall take
and return the oath of office as prescribed for all State officers.
Immediately upon qualification for office he the director
shall give bond to the State in the sum of fifty thousand dollars
for the faithful performance of his duties.
Section 57-3-430. (A) The Chief Highway
Commissioner shall be director is the executive and
administrative head of the State Highway department. He shall
carry out the policies defined established by the
State Highway commission and shall administer the
affairs of the department. When the Commission shall not be in
session, the said Chief Highway Commissioner shall have and
The director may exercise all powers belonging to the
commission within the guidelines and policies it establishes when
the commission is not in session. He shall represent the department in
its dealings with other state agencies, local governments, special
districts, and the federal government.
(B) The director may employ personnel authorized by statute and
for whom funds have been authorized in the annual general
appropriations act.
Section 57-3-440. The Chief Highway Commissioner may
director shall appoint such assistants, deputies and
employees as he considers necessary to the proper administration of the
affairs of the Department and may prescribe their duties, powers and
functions an external deputy director, an internal deputy
director, and for each highway district a district director. The
compensation of the deputy directors and the district directors must be
established in accordance with state law and regulation. These directors
serve at the pleasure of the director. Their duties and responsibilities
include, but are not limited to:
(1) The external deputy director shall manage each highway
district, including the implementation of uniform departmental policies,
rules, procedures, and standards to ensure that each district uses its
resources in an efficient and effective manner. He is the direct
supervisor of each district director and annually shall develop a needs
assessment plan for district offices to be reviewed by the administrative
panel.
(2) The internal deputy director shall manage each division
including establishing uniform departmental policies, rules, procedures,
and standards to ensure uniform compliance and quality performance.
He is the direct supervisor of each division manager and annually shall
develop a needs assessment plan for each division which must be
reviewed by the administrative panel. If the director is unable, absent,
or fails to perform his required duties, the internal deputy director shall
perform his duties.
(3) A district director is the chief administrative officer of a
highway district. He shall coordinate and manage all aspects of the
department's operations at the district level, including personnel,
budgeting, and strategic planning, except as limited by Section
57-3-10(4).
Section 57-3-450. There shall be a Secretary-Treasurer of the
Department. The Secretary-Treasurer shall be the fiscal officer of the
Department, who shall, in addition to his duties as fiscal officer, record
the proceedings of the Commission. The Secretary-Treasurer shall be
appointed by the Commission to serve in office at the pleasure of the
Commission. His compensation shall be fixed by the Commission.
There is established within the department an administrative panel
to ensure the department's efficiency, effectiveness, and proper
administration. The panel is composed of the director, the external
deputy director, the internal deputy director, and a district director from
each highway district. It is chaired by the director and is charged with
responsibilities delegated by the commission including, but not limited
to, continually reviewing and monitoring the department's programs and
policies and independent and external audits. The panel shall publish a
summary of its proceedings, findings, and the resulting corrective action
taken by the director in the department's annual report. It shall meet at
the call of the director, but not less than once each quarter.
Section 57-3-460. The Secretary-Treasurer shall, before
entering upon the duties of his office, give bond to the State in the sum
of fifty thousand dollars for the faithful performance of his duties. He
shall take and return the oath of office as prescribed for all State
officers. Each division established in Section 57-3-30 must be
administered by a division manager who serves at the director's pleasure.
Their responsibilities and duties include, but are not limited to:
(1) manager of finance and administration:
(a) financial planning and management;
(b) accounting systems necessary to comply with federal and
state laws, regulations, and policies established by the Comptroller
General;
(c) administrative functions, including developing policy and
procedures to ensure compliance;
(2) manager of construction, engineering, and planning:
(a) development of statewide strategic highway plans;
(b) construction, design, construction oversight, and
maintenance of state highways;
(c) acquisition and management of transportation right-of-ways;
(3) manager of motor vehicle services: development of motor
vehicle services;
(4) manager of mass transit: development of a statewide system
plan, including mass transit systems;
(5) manager of inspections, certification, compliance, permits, and
enforcement:
(a) administer statutes and regulations authorizing or requiring the
department to issue or regulate permits or licenses other than driver's
licenses;
(b) administer programs necessary to enforce compliance with
statutes, regulations, and department policy governing weight, size,
length, width, and height requirements and limitations and conditions or
qualifications established in the issuance of department permits or
licenses and the forfeiture of records, licenses, or other property under
the department's jurisdiction;
(c) inspection and investigation of a business or an activity which
the department by law is required to regulate.
The director shall transfer the programs, activities, and personnel
necessary to comply with this item;
(6) manager for law enforcement: enforcement of motor vehicle
and traffic safety laws.
Section 57-3-470. There shall be a State Highway Engineer.
The State Highway Engineer shall be the administrative head of the
engineering division and, as such, shall direct the highway engineering
work of the Department and the activities of said engineering division.
The Engineer shall be appointed by the Commission to serve in office
at the pleasure of the Commission. His compensation shall be fixed by
the Commission. A person appointed to the position of State Highway
Engineer shall be a competent engineer, skilled and experienced in
highway planning, design, construction and maintenance, and shall be
an engineering graduate of a college or university with an accredited
course in engineering. The selection of the Engineer may be based upon
a civil service examination, under rules and regulations to be made and
promulgated by the Commission. The Engineer shall take and return the
oath of office as prescribed for all State officers.
Section 57-3-480. Appointments of persons to employment
within the Department and promotions, demotions, transfers,
separations, leaves and similar matters may be based upon a merit
system of personnel administration which the Department may institute
pursuant to rules and regulations promulgated therefor by the
Commission.
(A) There is created an ombudsman office in the department. The
director shall appoint, with the advice and consent of the commission,
an ombudsman to report to and serve at the pleasure of the commission.
(B) The ombudsman may:
(1) receive and investigate problems and complaints on behalf
of interested individuals relating to the department;
(2) carry out investigations and request and receive written
statements, documents, exhibits, and other items pertinent to it;
(3) at the conclusion of an investigation, issue a report and
recommendations to the commission to assist the department in
improving its operation.
Section 57-3-490. The department may furnish all necessary
first aid to department employees of the Department who may be
injured while engaged in the discharge of discharging
assigned official duties assigned them by the Department.
Such first First aid may consist of medical and surgical
attention ordinarily incident to physical injuries of the kind
sustained, together with and necessary hospitalization.
Claims for medical and surgical attention for hospital care given
department employees of the Department on account of
for these injuries of the kind contemplated in this
section may be submitted directly to the department for payment
after verification. But if any such However, if the amount
of a claim may in the judgment of the department
appear appears excessive in amount, considering
the character and extent of the service rendered, then such
the claim shall must be submitted to the
Department of Health and Environmental Control for examination as to
reasonableness, and the. The department shall
pay on account of the claim only such amounts as the
amount of the claim the Department of Health and Environmental
Control may approve approves as reasonable and proper
under the circumstances and shall is not be
liable on account of such for the claim.
Section 57-3-500. The department may pay from state highway
funds claims of department employees of the Department,
arising under the provisions of the Workmen's
workers' compensation Law, which are laws
recommended for payment by the department and have the
with the approval of the State Industrial Workers'
Compensation Commission.
Section 57-3-510. Sections 57-3-490 and Section
57-3-500 have no purpose other than to authorize
authorizes the department to give reasonable attention to its
employees who may be injured in the discharge of their official
duties and leave with the. The department
full discretion to may determine the reasonable
necessities in each case. None of the provisions thereof shall serve
to This section does not increase any the
responsibility or liability imposed upon the department by existing
laws, nor shall they law and does not affect or impair
in any way the effects or operation of the State
workmen's workers' compensation laws.
Section 57-3-520. Legal representation for the The
department of Highways and Public Transportation's workers'
compensation claims program shall be provided by with the
Attorney General's approval may employ a chief claims
counsel and such necessary staff attorneys as are
necessary, to be appointed by the Executive Director of the Department
of Highways and Public Transportation with the approval and
support staff to represent the department in legal matters including
workers' compensation, condemnation procedures, and other litigation.
The representation is under the jurisdiction and control of the
Attorney General. Any extra Extra legal services
that may be required shall must be performed by
attorneys selected by the Executive director of the
Department of Highways and Public Transportation with the
approval of the Attorney General. The department is authorized
to may retain independent adjusters for purposes of
investigating to investigate and adjusting
adjust claims and suits arising under workers' compensation,
motor vehicle damage, and personal injury damage programs
involving department liability exposure and recovery potential.
Expenses for the administration and implementation of this section
shall must be paid from the State Highway Fund."
SECTION 3. Article 1, Chapter 11, Title 57 of the 1976 Code is
amended to read:
"Article 1
General Provisions
Section 57-11-10. The expression As used in this
article:
(1) `Accident claims,' as used in this article,
means all claims against the State Highway department
as provided for by law, except contractual claims. The
expression
(2) `Gasoline tax,' as used in this article,
includes taxes for the privilege of selling, consigning, using, shipping,
or distributing gasoline or any a substitute
therefor or combination thereof usable in internal
combustion engines for the generation of power.
Section 57-11-20. All revenues and income expendable by
(A) Revenue dedicated by statute to the operation of the
department may be consolidated into one fund to be known as
the `State Highway Fund,' and,. The fund
is separate and distinct from the general fund except as to monies
utilized by the State Treasurer for the payment of principal or interest on
state highway bonds as authorized by Section 57-11-250,
shall and must be paid out upon the authority of the
commission, on warrants of the department approved by the
Chief Highway commissioner or such bonded officers or
employees as may be designated by the Chief Highway
Commissioner, he designates and in the manner,
and only for the several purposes, provided by law in
respect to such the funds.
(B) Beginning July 1, 1992, the department shall process all
payments for goods and services and personnel services through the
Comptroller General's office.
(C) The Comptroller General shall issue written instructions to the
department to carry out the intent of this section and the provisions of
Section 57-3-460(1)(b). The department shall cooperate fully with the
Comptroller General in the implementation of this section.
Section 57-11-30. The Subject to the requirements and
limitations established by the Comptroller General, the department
may set aside and deposit in its name a revolving fund, and all
payments. Payments from such
the fund shall must be restored to the
fund it by vouchers drawn on the Comptroller General
against the Highways and Public Transportation State
Highway Fund.
Section 57-11-40. Not more than sixty days prior to the
beginning of each fiscal year the Department shall make an estimate of
the revenues to be received by the Department during such fiscal year,
and after deducting therefrom the amounts required by the State
Treasurer for the payment of the principal and interest on State highway
bonds due or falling due in such year, it shall estimate the amounts
required for the payment of the expenses of the Department for such
fiscal year, including all expenses for administration, operation,
collection of revenues, payment of accident claims and law enforcement.
Section 57-11-50. From the remainder of such revenues and
receipts of such fiscal year as estimated pursuant to Section 57-11-40,
after paying the sum appropriated by said section, there is hereby
appropriated a sum sufficient to maintain the highways of the State
highway system for such year in a sound and serviceable condition. Any
surplus of such estimated revenues and receipts for the fiscal year,
including available balances brought forward from previous years, is
hereby appropriated for the construction, reconstruction and
maintenance of State highways and for the payment of other expenses
of the Department.
Section 57-11-60. The Through June 30, 1992, the
department may issue duplicate checks, drafts, warrants, or
vouchers upon receipt of a competent indemnity bond executed by the
payee and guaranteed by a responsible person, and the.
The department also may also execute
indemnity bonds when necessary to secure the issuance of
duplicate checks payable to the department, the originals of which have
been lost.
Section 57-11-70. The Beginning July 1, 1992,
books and accounts of the department shall
must be audited at least once a each fiscal year
by a certified public accountant or firm of certified public
accountants, to be designated by the Governor, and a
State Auditor. A report of the audit shall
must be made annually to the General Assembly. The costs and
expenses of such annual the audit shall
must be paid by the department out of its funds.
Section 57-11-80. The General Assembly hereby approves,
ratifies, confirms and validates all outstanding indebtedness incurred for
highway purposes prior to June 13, 1951, including:
(1) All State highway certificates of indebtedness;
(2) All State highway bonds; and
(3) All reimbursement agreements then outstanding with counties,
road districts and bridge districts;
And directs the payment thereof, according to their tenor and
obligation, except that, in the case of reimbursement agreements
securing outstanding bonds or other obligations, the State Highway
Department may, in its discretion, make payments due on account of
such agreements directly to the paying agent of the outstanding bonds
or other such outstanding obligations.
Section 57-11-90. (1) The State Treasurer is authorized
to may establish with any a bank having
a suitable trust department an irrevocable trust for the payment of the
principal and interest of all state highway bonds to be
outstanding on July 1, 1968, and to deposit in the trust
fund a sum equal to the aggregate of the principal and interest
requirements of the bonds. The trust may provide that it may be
invested and reinvested in obligations of the United States or any
agency thereof its agencies, but with maturities consonant
with the need for funds, and any income thereof not
required for the payment of the principal and interest of the bonds
shall must be remitted to the State Highway
department annually and shall become a part of its
general State Highway Fund. The trust instrument
shall must impose upon the its trustee
thereof the duty to make the sums required for the payment of
principal and interest available to the paying agent of the outstanding
bonds not later than five days preceding the several principal and
interest payment dates. The State Treasurer shall be empowered
to may execute any and all the documents
necessary to implement the authorization granted by this section.
(2) When the trust authorized by subsection (1) of this section
shall become effective, all remaining funds in the sinking fund
established by Section 33-265 of the Code of Laws of South Carolina,
1962, shall upon request of the State Highway Department be paid to
and become a part of the general highway fund of the State Highway
Department.
(3) Section 33-265 of the Code of Laws of South Carolina, 1962,
shall not apply to any State highway bonds and certificates of
indebtedness issued subsequent to July 1, 1968."
SECTION 4. Section 2, Act 383 of 1986 is repealed.
SECTION 5. Section 124.20, Part I, Act 612 of 1990 is repealed.
SECTION 6. The Code Commissioner shall change references in the
Code of Laws of South Carolina, 1976, to the:
(1) Department of Highways and Public Transportation to the
Department of Transportation;
(2) Executive Director of the Department of Highways and Public
Transportation to the Director of Transportation;
(3) State Highway Commission to the Commission on
Transportation.
SECTION 7. To minimize the cost in implementing this act, the
Department of Transportation shall utilize to the extent practicable rather
than discard supplies, materials, or other items referring to the
department or its divisions which must be revised pursuant to this act.
For items which have a useful life of more than five years, the
department shall implement a program which requires the phase-in of a
new name or logo required by this act.
SECTION 8. (A) The current members of the State Highways and
Public Transportation Commission or a member elected before January
1, 1992, serve until their terms expire or June 30, 1992, whichever date
is earlier.
(B) Commission on Transportation members elected pursuant to
Section 57-3-220 of the 1976 Code, amended by Section 2 of this act,
must be elected during the 1992 legislative session. Their initial terms
begin July 1, 1992, and are as follows:
(1) first, third, fifth, and seventh district commissioners: two
years;
(2) second, fourth, and sixth district commissioners: four
years.
SECTION 9. This act takes effect upon approval by the Governor.
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