S 356 Session 110 (1993-1994)
S 0356 General Bill, By McConnell
A Bill to amend Title 57, Code of Laws of South Carolina, 1976, relating to
the establishment of the South Carolina Department of Highways and Public
Transportation, by adding Chapter 2 so as to provide for the designation of
highway districts, the election of highway commissioners by the General
Assembly at large and their term of office, and to provide for new terms of
office for commissioners elected for terms beginning in 1994; to amend Article
3, Chapter 11, Title 57, relating to state highway bonds, so as to create a
State Highway Bond Fund Account and to provide for the repayment of bonds from
revenue derived from taxes levied by Sections 12-27-1210, 12-27-1220,
12-27-1230, and 12-27-1240; to repeal Article 3, Chapter 3, Title 57 relating
to the State Highway and Public Transportation Commission and Sections
12-27-1260 through 12-27-1300 relating to the Strategic Highway Plan for
Improving the Mobility and Safety Program; and to provide that the Code
Commissioner change certain references in the 1976 Code of Laws.
02/03/93 Senate Introduced and read first time SJ-7
02/03/93 Senate Referred to Committee on Transportation SJ-7
04/06/93 Senate Committee report: Favorable with amendment
Transportation SJ-13
01/27/94 Senate Recommitted to Committee on Transportation SJ-16
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 6, 1993
S. 356
Introduced by SENATOR McConnell
S. Printed 4/6/93--S.
Read the first time February 3, 1993.
THE COMMITTEE ON TRANSPORTATION
To whom was referred a Bill (S. 356), to amend Title 57, Code of
Laws of South Carolina, 1976, relating to the establishment of the South
Carolina Department of Highways, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety
beginning on line 11 and inserting in lieu thereof the following:
/ TO AMEND CHAPTER 1 OF TITLE 57 AND ARTICLES 1, 3, 5,
AND 7, CHAPTER 3 OF TITLE 57, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE
SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION, THE ELECTION AND COMPOSITION OF
THE STATE HIGHWAY AND PUBLIC TRANSPORTATION
COMMISSION, AND THE APPOINTMENT OF THE EXECUTIVE
DIRECTOR AND OTHER DEPARTMENT PERSONNEL SO AS TO
PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT,
BY ESTABLISHING AS AN ADMINISTRATIVE AGENCY OF
STATE GOVERNMENT THE DEPARTMENT OF
TRANSPORTATION WHICH IS COMPRISED OF A DIVISION OF
HIGHWAYS AND ADMINISTRATION, A DIVISION OF
AERONAUTICS, AND A DIVISION OF PUBLIC RAILWAYS; TO
PROVIDE FOR THE TRANSFER OF ALL FUNCTIONS, POWERS,
AND DUTIES OF THE SOUTH CAROLINA AERONAUTICS
COMMISSION AND THE PUBLIC RAILWAYS COMMISSION TO
THE DEPARTMENT OF TRANSPORTATION; TO PROVIDE FOR
DEFINITIONS; TO PROVIDE THAT THE CONGRESSIONAL
DISTRICTS OF THE STATE CONSTITUTE HIGHWAY DISTRICTS
DESIGNATED BY NUMBERS CORRESPONDING TO THE
NUMBERS OF THE RESPECTIVE CONGRESSIONAL DISTRICT;
TO PROVIDE THAT THE GOVERNOR SHALL APPOINT ONE
HIGHWAY COMMISSIONER FROM EACH HIGHWAY DISTRICT
AND ONE AT-LARGE COMMISSIONER WHO SHALL ALL SERVE
FOR A TERM OF FOUR YEARS; TO PROVIDE THAT NO
HIGHWAY DISTRICT MAY HAVE A HIGHWAY COMMISSIONER
FOR MORE THAN ONE TERM AND TO PROVIDE FOR
CONFIRMATION HEARINGS; TO PROVIDE THAT THE
GOVERNOR MAY REMOVE A COMMISSIONER FOR CAUSE; TO
PROVIDE FOR THE COMPENSATION OF COMMISSIONERS AND
TO PROVIDE THAT A COMMISSIONER SHALL SERVE UNTIL
THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED, AND
TO PROVIDE THAT COMMISSIONERS SERVING ON THE
EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE
UNTIL THE EXPIRATION OF THEIR TERM OF OFFICE; TO
PROVIDE FOR THE CREATION OF CERTAIN BUREAUS WITHIN
THE DIVISION OF HIGHWAYS AND ADMINISTRATION AND
THE APPOINTMENT OF BUREAU DIRECTORS TO SERVE AT
THE PLEASURE OF THE EXECUTIVE DIRECTOR; TO PROVIDE
FOR THE CREATION OF ADMINISTRATIVE HIGHWAY
DISTRICTS AND TO PROVIDE FOR THE APPOINTMENT OF
OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 3,
CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE
DEPARTMENT SO AS TO PROVIDE THAT GAS TAX REVENUES
GENERATED FROM TAXES LEVIED PURSUANT TO ARTICLE 3,
CHAPTER 27 OF TITLE 12 BE USED FOR DEBT SERVICE OF
BONDS UNLESS AUTHORIZED FOR OTHER PURPOSES; TO ADD
CHAPTER 6 TO TITLE 57 RECODIFYING CHAPTER 19 OF TITLE
58 RELATING TO PUBLIC RAILWAYS; TO PROVIDE THAT THE
CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN
THE 1976 CODE; AND TO REPEAL CHAPTER 19 OF TITLE 58,
AND SECTIONS 12-27-1260, 12-27-1280, 12-27-1290, 12-27-1295,
12-27-1300 AND 12-27-1310.
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
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'. For the purposes of this title, the
following words, phrases, and terms are defined as follows:
(1) `Commission' means the administrative and
governing body of the Department of Transportation.
(2) `Department' means the Department of
Transportation (DOT).
(3) `District' means the geographic area as established
by Section 57-3-210.
(4) `Executive Director' means the chief administrative
officer of the Department of Transportation.
(5) `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 shall include
roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage
structures, and all other facilities commonly considered component parts
of highways, streets, or roads.
(6) `Highway District' means the geographic area established by
Section 57-3-20.
(7) `Mass transit' shall mean every conveyance of
human passengers by bus, van, or any other ground surface vehicle
which is provided to the general public, or selected groups thereof, on
a regular and continuing basis.
(8) `Roadway' shall mean that portion of a highway
improved, designed, or ordinarily used for vehicular travel, exclusive of
the shoulder or berm. In the event a highway includes two or more
separate roadways, the term `roadway' as used herein shall refer to any
such roadways separately but not to all such roadways collectively.
Section 57-1-20. 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 projects. The good faith of the State is hereby pledged
to provide sufficient funds to meet the requirements of said Federal act,
so as to acquire the benefits thereof. (A) The
Department of Transportation is established as an administrative agency
of state government which is comprised of a Division of Aeronautics, a
Division of Highways and Administration, and a Division of Public
Railways. Each division of the Department of Transportation shall have
such functions and powers as provided for by law.
(B) All functions, powers, and duties provided by law
to the South Carolina Aeronautics Commission and the Public Railways
Commission, its officers or agencies, are hereby transferred to the
Department of Transportation. All records, property, personnel, and
unexpended appropriations shall be transferred to the control of the
Department of Transportation. All rules, regulations, standards, orders,
or other actions of these entities shall remain in effect unless specifically
changed or voided by the department in accordance with the
Administrative Procedures Act.
Section 57-1-30. The South Carolina Department of Highways
and Public Transportation may number and renumber State highways
whenever it considers it necessary or desirable. This specifically
authorizes the change in the numbers of routes as numbered by the State
Highway Act of 1924, known as the Pay-As-You-Go Act, and other acts
designating highways by numbers. The authority herein given to the
Department to renumber the highways mentioned and described in the
Highway Act of 1924, commonly known as the Pay-As-You-Go Act,
and all other acts shall not in any way relieve the Department in the
construction of the roads mentioned and described therein. The
department shall have as its functions and purposes the systematic
planning, construction, maintenance, and operation of the state highway
system, the state public airports as provided for in Chapter 5 of Title 55,
and the state public railways; the regulation of traffic upon the state
highway system; the administration and enforcement of traffic, driver
and motor vehicle laws, and other laws relating to such subjects; and the
coordination of all state and federal programs relating to mass transit
among departments, agencies, and other bodies politic and legally
constituted agencies of this State and the performance of such other
duties and matters as may be delegated to it pursuant to law. The
department shall not be charged with any regulatory duties or
responsibilities delegated by law to the Public Service Commission.
Section 57-1-40. All names given prior to June 13, 1951 to
highways or bridges pursuant to legislative action shall be retained.
No member of the commission, employee of the department, or
agent of the department, acting for or in behalf of the department or
commission, shall accept or agree to accept, receive, or agree to receive
or ask or solicit, either directly or indirectly, and any person who shall
give or offer to give or promise or cause or procure to be promised,
offered, or given, either directly or indirectly, to any member of the
commission, employee of the department or agent of the department
acting for or in behalf of the commission or department: (a) any monies;
(b) any contract, promise, undertaking, obligation, gratuity, or security
for the payment of money or for the delivery or conveyance of anything
of value; (c) any political appointment or influence, present, or reward;
(d) any employment; or (e) any other thing of value, with the intent to
have his decision or action on any question, matter, cause, or proceeding
which may at the time be pending or which may by law be brought
before him in his official capacity or in his place of trust or profit
influenced thereby, shall be guilty of a misdemeanor and, upon
conviction, shall be imprisoned for not less than one nor more than five
years and shall forever after be disqualified from holding any office of
trust or profit under the Constitution or laws of this State.
Section 57-1-45. Whenever a road, bridge, or other highway
facility is dedicated and named in honor of an individual by act or
resolution of the General Assembly, the Department of Highways and
Public Transportation must be reimbursed all expenses incurred by the
Department to implement the dedication.
Reimbursement for expenses incurred by the Department must first be
approved by a majority of each county legislative delegation in which
the road, bridge, or facility is located. Reimbursement must be from the
State Secondary "C" Apportionment Fund of the county or
counties in which the road, bridge, or facility is located, and expenses
under this section are limited to five hundred dollars. Reimbursement for expenses incurred by the Department to name
and dedicate a highway facility pursuant to a request from other than the
General Assembly must be by agreement between the requesting entity
and the Department.
Section 57-1-50. The State Electrician shall permit the
Department to use so much of the surplus current as is referred to in the
preamble of Act No. 1194 of the 1930 Acts for the purpose of lighting
the Congaree River bridge, until such time as the State shall need such
surplus current for the purposes of State institutions. No contractual
obligation is hereby assumed by the State for the purpose of lighting said
bridge, and this section is intended to permit the use of such surplus
current only until it is needed by the State. No funds of the Department
shall in any way be involved in lighting said bridge, other than to
maintain the lighting structures already erected on said bridge. The
maintenance of such lighting structures shall be provided by the
Department as other maintenance for the bridge. The State Electrician
shall not make any charge for the use of such current, any law or rule to
the contrary notwithstanding. The State Electrician shall discontinue the
lighting of said bridge at such a time as it may appear to the State
Electrician that the State needs the current for ordinary purposes of the
State. The assent of the State is hereby given to the terms and
provisions of any act providing for federal aid to the states for the
construction of highways and other related transportation projects. The
good faith of the State is hereby pledged to provide sufficient funds to
meet the requirements of said federal act, so as to acquire the benefits
thereof.
Section 57-1-60. Whoever, being a member of the State
Highway and Public Transportation Commission or engineer, agent or
other employee, acting for or in behalf of the Department or
Commission, shall accept or agree to accept, receive or agree to receive
or ask or solicit, either directly or indirectly, and any person who shall
give or offer to give or promise or cause or procure to be promised,
offered or given, either directly or indirectly, to any member of the
Commission or any engineer, agent or other employee acting for or on
behalf of the Commission or Department (a) any moneys, (b) any
contract, promise, undertaking, obligation, gratuity or security for the
payment of money or for the delivery or conveyance of anything of
value, (c) any political appointment or influence, present or reward, (d)
any employment or (e) any other thing of value, with the intent to have
his decision or action on any question, matter, cause or proceeding
which may at the time be pending or which may by law be brought
before him in his official capacity or in his place of trust or profit
influenced thereby, shall be guilty of a misdemeanor and, upon
conviction, shall be imprisoned in the Penitentiary not less than one nor
more than five years and shall forever after be disqualified from holding
any office of trust or profit under the Constitution or laws of this
State. The Governor, in addition to other duties and
responsibilities conferred upon him by the Constitution and laws of this
State, is charged with the responsibility for the administration of the
state's highway safety programs and is further charged with the duty of
contracting and doing all other things necessary on behalf of this State
and, in so doing, to work with federal and state agencies, agencies
private and public, interested organizations, and with individuals to
effectuate that purpose. The Governor shall be the official of this State
having the ultimate responsibility for dealing with the federal
government with respect to highway safety transportation programs and
activities. To that end the Governor shall coordinate the activities of any
and all departments and agencies of this State and its subdivisions.
Section 57-1-70. 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. It is the sense of the General
Assembly that 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 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 57-1-80. 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."
SECTION 2. Article 1, Chapter 3, Title 57 of the 1976 Code is
amended to read:
"Article 1
Section 57-3-10. There is hereby established as an
administrative agency of the state government the South Carolina
Department of Highways and Public Transportation. Its functions and
purposes shall be the systematic planning, construction, maintenance
and operation of the state highway system, the regulation of traffic
thereon, the administration and enforcement of traffic, driver and motor
vehicle laws and other laws relating to such subjects, the coordination
of all state and federal programs relating to public transportation among
the departments, agencies and other bodies politic and legally
constituted agencies of this State and the performance of such other
duties and matters as may be delegated to it pursuant to law, except that
the Department shall not be charged with any duties or responsibilities
delegated by law to the Public Service Commission. The
Division of Highways and Administration must be divided into such
bureaus as the commission may prescribe but must consist of the
following principal bureaus: finance and administration, engineering,
motor vehicle, law enforcement, and mass transit. The commission may
establish other bureaus, or ancillary or service bureaus as may be
necessary for the efficient and economic operation of the division and
to carry out the functions and purposes of the 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.
The Division of Highways and Administration shall have the
following duties and powers:
(1) lay out, build, and maintain public highways and
bridges, including the exclusive authority to establish design criteria,
construction specifications, and standards required to construct and
maintain highways and bridges;
(2) acquire such lands, road building materials, and
rights-of-way as may be needed for roads and bridges by purchase, gift,
or condemnation;
(3) cause the state highways to be marked with
appropriate directions for travel and regulate the travel and traffic along
such highways, subject to the laws of the State;
(4) number or renumber state highways;
(5) initiate and conduct such programs and pilot projects
to further research and development efforts, and to promote training of
personnel in the fields of planning, construction, maintenance, and
operation of the state highway system, the regulation of traffic thereon,
the administration and enforcement of traffic, driver and motor vehicle
laws, and public transportation;
(6) cooperate with the federal government in the
construction of federal-aid highways in the development of improved
mass transit service, facilities, equipment, techniques, and methods and
in planning and research in connection therewith; and seek and receive
such federal aid and assistance as may from time to time become
available except for funds designated by statute to be administered by
the Chief Executive Officer of the State;
(7) instruct, assist, and cooperate with the agencies,
departments, and bodies politic and legally constituted agencies of the
State in street, highway, traffic, and mass transit matters when requested
to do so, and, if requested by such government authorities, supervise or
furnish engineering supervision for the construction and improvement
of roads and bridges, provided such duties do not impair the attention to
be given the highways in the state highway system;
(8) carry out highway and mass transit safety
programs;
(9) license and register motor vehicles and administer
the collection of license and registration fees and penalties;
(10) examine and license motor vehicle drivers;
(11) engage in driver training and safety activities;
(12) enforce the traffic, motor vehicle, and related
laws;
(13) promulgate such rules and regulations in
accordance with the Administrative Procedures Act for the
administration and enforcement of the powers delegated to the
department by law, which shall have the full force and effect of law;
(14) grant churches the right to cross over, under, along,
and upon any public roads or highways and rights-of-way related
thereto;
(15) erect such signs as requested by a local governing body, if the
department deems the signs necessary for public safety and welfare,
including `Deaf Child' signs and `Crime Watch Area' signs; and
(16) do all other things required or provided by law.
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
commission must develop a general mass transit program and policy for
the State in order to encourage the efficient development,
implementation, operation, evaluation, and monitoring of mass transit
systems, both public and private. All departments, boards, public
authorities, or other agencies of the State or its political subdivisions,
local government, transportation authorities, and other local public
entities must cooperate with the department, provide assistance, data,
and advice upon request and must reimburse any such entity necessary
cost in the event of any expense.
Section 57-3-35. It is the sense of the General
Assembly that the Department of Highways and Public Transportation
should comply with Section 105(f) of the Federal Surface Transportation
Assistance Act of 1982 (STAA-1982). The department is directed to
effectuate and assure the compliance through contract documents and
regulations as may be necessary and such input from the Governor's
Office (Office of Small and Minority Business Assistance) in the
promulgation of the regulations.
Section 57-3-40. There is hereby created a division for erosion
control which will operate under the supervision and control of the
South Carolina Department of Highways and Public Transportation. The
division shall be charged with research of methods of combatting
erosion and of devising such means as will arrest the erosion of the shore
line of the State, and of putting into effect the necessary controls.
The commission may establish such highway districts as in its
opinion shall be necessary for the proper and efficient performance of
its duties. The commission, every ten years, must review the number of
highway districts and the territory embraced within the districts and
make such changes as may be necessary for the proper and efficient
operation of the districts.
Section 57-3-50. The South Carolina Department of
Highways and Public Transportation shall organize the division to
perform the duties required by Section 57-3-40, and is authorized to
employ such professional and clerical assistance as may be necessary,
consistent with such appropriations as may be provided by law for this
purpose."
SECTION 2. Article 3, Chapter 3, Title 57 of the 1976 Code is
amended to read:
"Article 3
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 the, 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 and public transportation commission. The
congressional districts of this state are constituted and created highway
districts of the state, designated by numbers corresponding to the
numbers of the respective congressional districts. The governor shall
appoint one commissioner for each highway district and one
commissioner from the state at large. All commissioners must be
appointed in the manner and for the terms of office as provided for in
this article. The commissioners so chosen shall constitute the
commission of the department of transportation.
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) any
county that is divided among two or more congressional districts, for
purposes of appointment of a district highway commissioner, is deemed
to be considered in the district which contains the largest number of
residents from that county.
(B) no county within a highway district shall 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 except as provided hereinafter. No person may be
eligible to serve as a commissioner if such person has previously served
as a highway 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
or her office.
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. (A) all commissioners must be appointed for a term of office of four years
or until their successors are appointed and confirmed by the senate. No
person is eligible to serve as a district highway commissioner who is not
a resident of that district at the time of his appointment, except that the
at-large commissioner may be appointed from any county in the state.
Failure by a district commissioner to maintain residency in the district
for which he is appointed shall result in the forfeiture of his office. The
term of office for commissioners shall begin april first of the appropriate
year. The at-large commissioner, upon confirmation, shall serve as
chairman of the commission.
(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.
(C) the at-large commissioner shall serve an initial term of three
years.
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. (A) the governor by january
fifteenth of the year in which a commission member's term of office
expires shall forward to the senate for advice and consent the name of
his appointee to fill that office.
(B) the senate may not confirm a gubernatorial appointee to the
office of commissioner until the senate transportation Committee holds
a hearing in accordance with procedures established in the Senate rules.
(C) The Senate Transportation Committee must
begin holding hearings in accordance with subsection (B) no later than
thirty days after receiving notice of an appointment from the Governor.
(D) If the Senate fails to act or confirm an appointee within sixty
days of receiving notice of the appointment, the appointment shall be
rejected and the Governor shall offer another appointee to fill the office
of commissioner.
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. Should a vacancy on
the commission occur when the General Assembly is not in session, it
shall be filled in the same manner of the original appointment for the
unexpired term, subject to confirmation by the Senate at the next session
of the General Assembly as required in Section 57-3-240. If the Senate
does not consent to such appointment within sixty days of the General
Assembly convening for an annual session, the office shall be vacant
irrespective of the provisions provided herein for holdover status until
a successor is appointed and qualified.
Section 57-3-260. The State Highway and Public
Transportation 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. Any
or all members of the commission may, with the advice and consent of
the Senate, be removed by the Governor for cause shown. And if cause
for such removal shall arise when the Senate is not in session, the
Governor may suspend one or more of the commissioners and shall fill
the vacancies thus created until the General Assembly shall next
convene. Upon convening the Senate must act on the suspension within
thirty days or the office must be declared vacant.
Section 57-3-270. (A) The Commission
department may adopt an official seal for use on official
documents of the Department department.
(B) The commission shall adopt its own rules and procedures
and may select such additional officers to serve such terms as the
commission may designate.
(C) Commissioners must be reimbursed for official expenses as
provided by law for members of state boards and commissions as
established in the annual general appropriation act.
Section 57-3-280. Each commissioner, within thirty days after his
appointment, and 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."
SECTION 3. Any member of the South Carolina Department of
Highways and Public Transportation Commission whose term does not
expire before the effective date of this act shall continue to serve until
the expiration of their term of office.
SECTION 4. Article 5, Chapter 3, Title 57 of the 1976 Code is
amended to read:
"Article 5
Section 57-3-410. The Executive Director of the Department
of Highways and Public Transportation shall be appointed by the State
Highway and Public Transportation Commission executive
director shall be appointed by the commission to serve for a four-year term. A person appointed to this position shall be a citizen of
practical and successful business and executive ability. His
compensation shall be fixed by the Commission
commission. The right to remove or discharge a person holding
the position of Executive Director of the Department of Highways
and Public Transportation shall be reserved to the Commission
executive director shall be reserved to the commission.
Section 57-3-420. The Executive Director of the Department
of Highways and Public Transportation executive director
shall take and return the oath of office as prescribed for all State
state officers. Immediately upon qualification for office he shall
give bond to the State in the sum of fifty thousand dollars for the faithful
performance of his duties.
Section 57-3-430. The Executive Director of the Department of
Highways and Public Transportation shall be the executive and
administrative head of the South Carolina Department of Highways and
Public Transportation. He shall carry out the policies defined by the
State Highway and Public Transportation Commission and shall
administer the affairs of the Department. When the Commission shall
not be in session, the said Executive Director of the Department of
Highways and Public Transportation shall have and may exercise all
powers belonging to the Commission. (A) The
executive director must carry out the policies of the commission and
administer the affairs of the department and may exercise all powers
belonging to the commission within the guidelines and policies
established by the commission, when the commission is not in session.
He must represent the department in its dealings with other state
agencies, local governments, special districts, and the federal
government.
(B) The executive director may employ such personnel
and prescribe their duties, powers, and functions as he considers
necessary and as may be authorized by statute and for which funds have
been authorized in the annual general appropriation act.
Section 57-3-440. The Executive Director of the Department
of Highways and Public Transportation may appoint such assistants,
deputies and employees as he considers necessary to the proper
administration of the affairs of the Department and may prescribe their
duties, powers and functions. The executive director shall have
the exclusive authority to employ a chief counsel and such staff
attorneys and support staff as are necessary to represent the department
in legal matters, including workers' compensation, condemnation
procedures, and other such litigation. Any extra legal services that may
be required shall be performed by attorneys selected by the executive
director. The department is authorized to retain independent adjusters for
purposes of investigating and adjusting claims and suits arising under
workers' compensation, motor vehicle damage, and personal injury
damage programs involving department liability exposure and recovery
potential. Expenses for the administration and implementation of this
section shall be paid for from the state highway fund.
Section 57-3-450. There is a Director of Finance and
Administration of the Department department who is
the fiscal and administrative officer of the department. The Director of
Finance and Administration, in addition to his duties as fiscal officer,
must record the proceedings of the Commission
commission. The Director of Finance and Administration must
be appointed by and serve at the pleasure of the executive director of the
department. He may receive compensation as established under the
provisions of Section 8-11-160 and for which funds have been
authorized in the general appropriation act.
Section 57-3-460. The Secretary-Treasurer Director of
Finance and Administration 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 state officers.
Section 57-3-470. There is a Director of State Highway
Engineering. The Director of State Highway Engineering is the
administrative head of the engineering division and, as such, directs the
highway engineering work of the department and the activities of the
engineering division. The Director of State Highway Engineering must
be appointed by and serve at the pleasure of the executive director of the
department. He may receive compensation as established under the
provisions of Section 8-11-160 and for which funds have been
authorized in the general appropriation act. A person appointed to the
position of Director of State Highway Engineering must be a competent
engineer, skilled and experienced in highway planning, design,
construction, and maintenance, and must be an engineering graduate of
a college or university with an accredited course in engineering. The
selection of the Director of State Highway Engineering may be based
upon a civil service examination, under rules and regulations to be made
and promulgated by the department.
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.
Section 57-3-490. The Department may furnish all
necessary first aid to employees of the Department who may be injured
while engaged in the discharge of official duties assigned them by the
Department. Such first aid may consist of medical and surgical attention
ordinarily incident to physical injuries of the kind sustained, together
with necessary hospitalization. Claims for medical and surgical attention
for hospital care given employees of the Department on account of
injuries of the kind contemplated in this section may be submitted
directly to the Department for payment after verification. But if any such
claim may in the judgment of the Department appear excessive in
amount, considering the character and extent of the service rendered,
then such claim shall be submitted to the Department of Health and
Environmental Control for examination as to reasonableness, and the
Department shall pay on account of the claim only such amounts as the
Department of Health and Environmental Control may approve as
reasonable and proper under the circumstances and shall not be liable on
account of such claim.
Section 57-3-500. The Department department
may pay from State state highway funds claims of
employees of the Department department, arising under
the provisions of the Workers' Compensation Law, which are
recommended for payment by the Department
department and have the approval of the South Carolina
Workers' Compensation Commission.
Section 57-3-510. Sections 57-3-490 and 57-3-500
have no purpose other than to authorize the Department to give
reasonable attention to its employees who may be injured in the
discharge of their official duties and leave with the Department full
discretion to determine the reasonable necessities in each case. None of
the provisions thereof shall serve to increase any responsibility or
liability imposed upon the Department by existing laws, nor shall they
affect or impair in any way the effects or operation of the State workers'
compensation laws.
Section 57-3-520. Legal representation for the
Department of Highways and Public Transportation's workers'
compensation claims program shall be provided by a chief claims
counsel and such staff attorneys as are necessary, to be appointed by the
Executive Director of the Department of Highways and Public
Transportation with the approval of the Attorney General. Any extra
legal services that may be required shall be performed by attorneys
selected by the Executive Director of the Department of Highways and
Public Transportation with the approval of the Attorney General. The
Department is authorized to retain independent adjusters for purposes of
investigating and adjusting claims and suits arising under workers'
compensation, motor vehicle damage and personal injury damage
programs involving Department liability exposure and recovery
potential. Expenses for the administration and implementation of this
section shall be paid from the State Highway Fund."
SECTION 5. Article 7, Chapter 3, Title 57 of the 1976 Code is
amended to read:
"Article 7
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, 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 57-3-610. The Department of Highways and Public
Transportation may:
(1) Lay out, build and maintain public highways and bridges;
(2) Acquire such lands and road building materials and rights of way
as may be needed for roads and bridges by purchase, gift or
condemnation;
(3) Cause the state highways to be marked with appropriate directions
for travel and regulate the travel and traffic along such highways, subject
to the laws of the State;
(4) Initiate and conduct research programs and pilot projects to further
research and development, and promote training of personnel in the
fields of planning, construction, maintenance and operation of the state
highway system, the regulation of traffic thereon, the administration and
enforcement of traffic, driver and motor vehicle laws and public
transportation;
(5) Cooperate with the federal government in the construction of
federal-aid highways, in the development of improved public
transportation service, facilities, equipment, techniques and methods and
in planning and research in connection therewith; and seek and receive
such federal aid and assistance as may from time to time become
available except for funds designated by statute to be administered by
the Chief Executive Officer of the State;
(6) Instruct, assist and cooperate with the agencies, departments and
bodies politic and legally constituted agencies of the State in street,
highway, traffic and public transportation matters when requested to do
so, and, if requested by such government authorities, supervise or
furnish engineering supervision for the construction and improvement
of roads and bridges, provided such duties do not impair the attention to
be given the highways in the state highway system;
(7) Carry out highway and public transportation safety programs;
(8) License and register motor vehicles and administer the collection
of license and registration fees and penalties;
(9) Examine and license motor vehicle drivers;
(10) Engage in driver training and safety activities;
(11) Enforce the traffic, motor vehicle and related laws;
(12) Promulgate such rules and regulations for the administration and
enforcement of the powers delegated to Department by law, which rules
and regulations shall have the full force and effect of law upon filing
according to law; and
(13) Do all other things required or provided by law.
Whenever a road, bridge, or other highway facility is dedicated
and named in honor of an individual by act or resolution of the General
Assembly, the Department of Transportation must be reimbursed all
expenses incurred by the department to implement the dedication.
Reimbursement for expenses incurred by the department must first be
approved by a majority of each county legislative delegation in which
the road, bridge, or facility is located. Reimbursement must be from the
State Secondary `C' Apportionment Fund of the county or counties in
which the road, bridge, or facility is located, and expenses under this
section are limited to five hundred dollars.
Reimbursement for expenses incurred by the department to name
and dedicate a highway facility pursuant to a request from other than the
General Assembly must be by agreement between the requesting entity
and the department.
Section 57-3-620. The Department department
may enter into such contracts as may be necessary for the proper
discharge of its functions and duties and may sue and be sued thereon.
Section 57-3-630. The Department department
may bring suits in its name, whenever a cause of action shall accrue to
the State by reason of the injury, damage, destruction, or
obstruction of any road in the State state highway
system, any bridge, culvert, ditch, causeway, embankment, wharf,
tollgate, tollhouse, or other facility or any equipment,
apparatus, or property, real or personal, belonging to the
State state highway system. It may also bring suits in its
name whenever subrogation shall arise by reason of payments made to
officers or employees of the Department department
pursuant to the Workers' Compensation Law. Suits for the recovery of
appropriate damages, and other proceedings incident thereto, shall be
instituted in any court of competent jurisdiction, for and in behalf of the
State in the name of the Department department as
plaintiff. Complaints and other pleadings requiring verification may be
verified by the Executive Director of the Department of Highways
and Public Transportation secretary or any other person
duly authorized by him.
Section 57-3-640. The Department department
may construct and maintain necessary driveways and roads in
State state parks. All work to be performed by the
Department department pursuant to the provisions of
this section shall be with the consent and approval of the Department of
Parks, Recreation and Tourism, and such work shall not result in the
assumption by the Department department of any
liability whatsoever on account of damages to property, injuries to
persons or death growing out of or in any way connected with such
work. Such driveways and roads taken over in State
state parks shall not affect the respective counties' portion of
mileage to be taken over by the Department department
under any other statute. The construction and maintenance work by the
Department department authorized by this section shall
be paid for from the State state highway fund.
Section 57-3-650. (a) Highway construction and maintenance by
the South Carolina Department of Highways and Public
Transportation department as authorized in this
Title title shall include the authority to acquire strips of
land along highways and to landscape and develop the strips and other
lands within the highway right of way right-of-way in
order to restore, preserve, and enhance the scenic beauty along the
highways. The Department department may construct
and maintain on such land public rest and recreational areas, roadside
parks, sanitary and other facilities reasonably necessary to accommodate
the traveling public.
(b) In order to provide information in the specific interest of the
traveling public, the South Carolina Department of Highways and
Public Transportation department is authorized to construct
and maintain such information centers at the aforesaid recreational and
rest areas as it may deem desirable. For the purpose of informing the
public of places of interest within the State and providing such other
information as may be considered desirable, these centers shall distribute
maps, informational directories, and advertising pamphlets.
Information centers shall be staffed by persons hired and paid by the
Department of Parks, Recreation and Tourism.
(c) The South Carolina Department of Highways and Public
Transportation department is authorized to enter into
agreements with the United States Secretary of Commerce as provided
for in Title 23 of the United States Code, relating to the establishment
and operation of information centers at rest and recreational areas, and
to take action in the name of the State to comply with the terms of such
agreements.
Section 57-3-660. The Department department
may hard surface and otherwise improve such streets, roads,
and driveways, including sidewalks, at State state
institutions as the Department department, together with
the board of trustees or other governing body of any such State
state institution, may deem necessary. The cost of such
improvements shall be paid for out of the State state
highway fund.
Section 57-3-670. The Department department
shall may cooperate and enter into contracts with the
United States Bureau of Public Roads and do any and all things
necessary to carry out the provisions of the any Federal-Aid Highway Act mentioned in Section 57-1-20 and amendments
thereto, including, but not limited to, the planning,
construction, and maintenance of Federal-aid
federal-aid highways, access roads, flight strips, and
all other eligible projects, regardless of whether such projects are a part
of the State state highway system and may condemn or
otherwise acquire lands necessary for rights of way rights-of-way in connection therewith under the procedure prescribed by law
in condemning and acquiring lands for State state
highway purposes.
Section 57-3-680. If any such project to be constructed under the
provisions of Section 57-3-670 is not a part of the State
state highway system, no part of the actual costs of right of
way rights-of-way, construction, or maintenance
shall be paid for from State state highway
funds. Any political subdivision having jurisdiction over a project not
a part of the State state highway system shall deposit
with the Department department its estimated share of
the cost of such project before the contract is awarded, except that
State state highway funds may be advanced to meet
current payments to contractors and others when existing agreements
provide for reimbursements by the Federal Government
federal government of such funds advanced by the
Department department. Article 13 of Chapter 5 of this
Title title shall not apply to any project that is not a part
of the State state highway system.
Section 57-3-690. Whenever the Department
department shall with Federal federal funds,
undertake the construction of any county road or shall, in anticipation of
Federal federal funds becoming available for such
purpose, establish the location of any such road, the lawfully authorized
officials of the county concerned shall provide, without cost to the
Department department, all necessary rights of
way rights-of-way for such construction, including lands
for borrow and material pits. In order to secure such rights of
way rights-of-way and other necessary lands such county
officials may exercise any or all of the usual powers of condemnation
lawfully authorized to be exercised by them in the case of other county
roads.
Section 57-3-700. With the approval of the Highways and
Public Transportation Commission commission, the county
officials may designate the Department department,
acting through its agents and employees, as agents of the county in
securing necessary rights-of-way and other lands.
Section 57-3-710. All payments to be made or obligated on
account of rights of way rights-of-way and other lands
acquired for the purposes contemplated by Section 57-3-690 shall be
made by the county on order of the Department
department. Any person having any claim on account of
damages to property, injuries to person, or death growing out
of any such construction as is contemplated in said section shall have
such right of action against the county concerned as is authorized by
law, and the remedy thus afforded shall be exclusive.
Section 57-3-720. The South Carolina Department of
Highways and Public Transportation department is
authorized to construct and maintain street and road access facilities to
State state ports shipping and warehousing facilities,
airports, railroad marshalling yards, and trucking terminals, the
cost of same to be paid from the State state highway
fund; provided, however, that all such construction and maintenance
shall be limited to work on publicly owned property.
Section 57-3-730. The Department department
may cooperate with any drainage district within the State, organized in
accordance with the laws of the State, in order to carry drainage canals
across State state highways. But the cost to be assumed
by the Department department incident to any such
crossing shall not exceed the actual cost of the structure necessary to
carry the waters of the drainage canal across the State
state highway.
Section 57-3-750. A full account of each road project shall be kept
by the Department department so that it may ascertain
at any time the expenditures or liabilities against all projects. The
Department department shall also keep records of
contracts and force account work. The account records, together with all
supporting documents, shall be open at all times to the inspection of the
Governor, or other proper State
state officials, or their agents and the
public.
Section 57-3-760. The department, at the beginning of each during each regular session of the General Assembly,
shall make a full, printed, detailed report to 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 when
cleaning or removing dirt and topsoil from ditches or roadbeds along
roads, highways, and highway rights-of-way under its jurisdiction is
authorized to give this dirt and topsoil to the landowner whose property
adjoins the road which is being cleaned. The Department
department is further authorized to haul this dirt and topsoil to
a location on the adjoining landowner's property which location is
designated by him; provided, that this location must be within one
hundred yards of the road being cleaned.
Section 57-3-780. Before building new or expanding existing
primary highways, roads, and streets, the department 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 3, Chapter 11, Title 57 of the 1976 Code is
amended to read:
"Article 3
Section 57-11-210. The terms defined herein shall have the
meanings hereinafter set forth:
(1) `Fiscal year' means the fiscal year upon which the affairs of the
State of South Carolina are then being conducted. As of the date of this
enactment it is that which begins on July first and ends on June thirtieth
of the succeeding calendar year.
(2) `Fuel oil tax' shall mean the tax levied pursuant to Chapter 29,
Title 12.
(3) `Gasoline tax' shall mean not less than 7.09 cents of the 8.09
cents the per gallon tax imposed upon gasoline,
components thereof or substitutes therefor, pursuant to the provisions of
Chapter 27 of Title 12., except Section 12-27-240. In the
event that by legislation enacted subsequent to July 1, 1977, the tax
imposed by Section 12-27-230 shall be increased to more than 8.09
cents per gallon, then in such event all of such increase shall be
embraced within the definition `gasoline tax' as used in this section
unless in the initial enactment subsequent to July 1, 1977, the General
Assembly shall prescribe some other use for all or some portion of such
increase in such tax.
(4) `Highway commission' `Commission' shall mean
that agency of government now composed in accordance with the
provisions of Articles 3 and 5 of Chapter 3, Title 57, and any other
commission or agency of government hereafter exercising the powers
granted to the State Highway and Public Transportation
Commission commission pursuant to the provisions of
Chapter 3, Title 57.
(5) `Highway construction transportation purposes'
shall mean the construction of roads and bridges now or
hereafter made a part of the State state highway system,
or the reconstruction and improvement of highways and bridges
now or hereafter made a part of the State state highway
system and to provide state funds to obtain matching federal
highway funds. (6) `Motor vehicle license tax' shall mean the
annual tax imposed upon the a corporation, an individual,
and an owner of every a motor and other vehicle
pursuant to the provisions of Articles 5, 7, 21 and 25, Chapter 3,
Title 56 and Title 57.
(7) `Road tax' shall mean the road tax imposed on motor carriers
pursuant to Chapter 31, Title 12.
(8) `Sources of revenue' shall mean the gasoline tax, the fuel oil tax,
the road tax, and the motor vehicle license tax.
(9) `State board' shall mean the State Budget and Control Board of
South Carolina.
(10) `State highway bonds' shall mean all general obligation bonds of
the State of South Carolina designated as State state
highway bonds, which are now outstanding and which may hereafter be
issued pursuant to the authorizations of this article.
Section 57-11-220. Whenever it shall become necessary that
moneys be raised for highway construction purposes, or construction
and equipment of headquarters administrative facilities, including
moneys to be used to refund any State highway bonds then outstanding,
the Highway and Public Transportation Commission may make request
to the State Board for the issuance of State highway bonds pursuant to
this article. Such request may be in the form of a resolution adopted at
any regular or special meeting of the Highway and Public Transportation
Commission. Such request shall set forth (on the face thereof or by
schedules attached thereto):
(1) The amount then required for highway construction;
(2) A tentative time schedule setting forth the period of time during
which the sum requested will be expended.
(3) A debt service table showing the annual principal and interest
requirements for all State highway bonds then outstanding.
(4) The amount of revenues derived from each of the sources of
revenue during the preceding fiscal year; and
(5) The amount as estimated by the Highway and Public
Transportation Commission which will be derived from the sources of
revenue during the then current and the next ensuing fiscal years during
which it is expected that the State highway bonds then sought to be
issued will be outstanding, but in estimating the amount to be derived
from the sources of revenue the Highway and Public Transportation
Commission shall not assume that the revenues for the then current
fiscal year or any future fiscal year will be more than five percent in
excess of the actual sums derived from the sources of revenue in the
preceding fiscal year, nor that in the sixth or subsequent years there will
be any increase over the estimated revenues for the fifth fiscal year
following the last completed fiscal year. State highway
bonds issued for highway transportation purposes or other such purposes
of the department as the General Assembly may authorize shall be issued
in accordance with the provisions of this article and Chapter 47 of Title
2 of the 1976 Code, as amended. Notes may be issued in anticipation of
the issuance of state highway bonds in accordance with the provisions
of Chapter 17 of Title 11 of the 1976 Code, as amended.
In each odd-numbered year, the department shall review the state
highway transportation needs and, upon conclusion of this review, the
department shall recommend such projects as it deems advisable to
consider in the ensuing year to the General Assembly and the Joint Bond
Review Committee.
Section 57-11-230. Following the receipt of any request
pursuant to Section 57-11-220, the State Board shall review the same
and to the extent that it shall approve such request, it shall be
empowered, by resolution duly adopted, to effect the issuance of State
highway bonds, or pending the issuance thereof, effect the issuance of
bond anticipation notes pursuant to Sections 11-17-10 to 11-17-110, as
amended.
Section 57-11-240. The outstanding aggregate principal
indebtedness on account of State The maximum annual debt
service on general obligation bonds issued or outstanding as state
highway bonds shall not exceed the debt service limits established
in Article X, Section 13 of the South Carolina Constitution. one
hundred fifty million dollars, exclusive of a maximum of seven million
dollars of bonds that are hereby authorized for construction and
equipment of headquarters administrative facilities. The
limitation herein imposed shall not be deemed to be an obligation of the
contract made between the State and the holders of bonds issued
pursuant to this article, and the limitation herein imposed may be
enlarged or reduced from time to time by acts amendatory hereof.
Within such limitations, State state highway
bonds may be issued for state highway transportation
purposes or to refund state highway bonds from time to time under
the conditions prescribed by this article and as authorized under
Section 2-7-105 of the 1976 Code, as amended.
Section 57-11-250. For the payment of the principal of and interest
on all State state highway bonds (whether now
outstanding or hereafter issued), as the same shall come due,
there shall be pledged the full faith, credit, and taxing power of
the State of South Carolina and, in addition thereto, but
subject to the limitations hereafter set forth, all of the
moneys monies derived from all sources of
revenue the sources of revenue. All moneys realized from the
sources of revenue which may be forthwith used by the
State Treasurer, without further action of the Highway and Public
Transportation Commission commission, for the payment
of the principal and interest of State state highway
bonds, as the same respectively mature.
Section 57-11-260. All revenue received from the
sources of revenue during each fiscal year shall be discharged from the
pledge made by Section 57-11-250 when payment, or provision for
payment, has been made for all installments of principal or interest of all
State highway bonds maturing in such fiscal year, and thereafter such
moneys may be applied as hereinafter provided.
Section 57-11-270. The pledge of moneys monies
derived from the sources of revenue shall not preclude the General
Assembly from revising the quantum of any tax included in the sources
of revenue, except that, so long as any State
state highway bonds shall be outstanding, the sources of
revenue gasoline tax shall be not less than the amount
needed to fund the general operations budget of the department and debt
service requirements for annual principal and interest payments on state
highway bonds 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. The commission is authorized to request
the State Board to issue state highway bonds. In order to effect the
issuance of bonds pursuant to this article, the State Board may adopt a
resolution providing for the issuance of State state
highway bonds, upon written request by the commission, and
may transmit a certified copy thereof to the Governor and to the State
Treasurer, with the request that they issue and deliver State
state highway bonds in accordance with the terms and
conditions of such resolution. Such resolution shall set forth the
following:
(1) The the amount, denomination, and
numbering of State state highway bonds to be issued;
(2) The the date as of which the same shall be
issued;
(3) The the maturity schedule for the retirement of
such State state highway bonds;
(4) The the redemption provisions, if any,
applicable to such bonds;
(5) The the maximum rate or rates of interest the
bonds shall bear which shall not be in excess of that permitted by Act
423 of 1969 as now constituted or as hereafter amended;
(6) The the purposes for which the bonds are to be
issued;
(7) The the occasion on which bids shall be
received for the sale of such bonds; (8) The the
form of advertisement of sale;
(9) The the form of the bonds of the particular
issue; and
(10) Such such other matters as may be deemed
necessary in order to effect the sale, issuance, and delivery
thereof.
Such resolution shall further set forth a finding on the part of the State
Board that the actual receipts, for the preceding fiscal year, from the
sources of revenue equaled or exceeded one hundred fifty percent
of the maximum annual debt service requirements for all
State state highway bonds then outstanding and
state highway bonds then proposed to be issued. and all State
highway bonds thereafter to be outstanding and that the estimate made
by the Highway and Public Transportation Commission and approved
by the State Board indicates that collections from the sources of revenue
in the then current and in applicable future fiscal years, will not be less
than one hundred fifty percent of maximum annual interest and principal
requirements of all State highway bonds then outstanding and all State
highway bonds thereafter to be outstanding.
Section 57-11-290. If following a presentation
Following receipt of a certified copy of the resolution of the
State Board it shall appear to the satisfaction of the Governor and
the State Treasurer that:
(a) The amount of revenues derived from the sources of revenue,
during the preceding fiscal year, did in fact exceed one hundred fifty
percent of the maximum annual principal and interest requirements of
all State highway bonds then outstanding and all State highway bonds
thereafter to be outstanding; and
(b) That the estimated collections from the sources of revenue in the
then current and in applicable future fiscal years, will be not less than
one hundred fifty percent of the maximum annual debt service
requirements of all State highway bonds then outstanding and all State
highway bonds thereafter to be outstanding, then the Governor and
State Treasurer shall be empowered to issue state
highway bonds in accordance with the request
provisions of the resolution of the State Board.
Section 57-11-300. State highway bonds shall be issued in such
form, in such denominations, and with such provisions as to
time, place, or places and medium of payment as may be
determined by the State Board, subject to the provisions of this article.
Section 57-11-310. State highway bonds shall each be in the
denomination of one thousand dollars or some multiple thereof.
Section 57-11-320. State highway bonds issued pursuant to
this article may be in the form of negotiable coupon bonds, payable to
bearer, with the privilege to the holder of having them registered in his
name on the books of the State Treasurer as to principal only, or as to
both principal and interest, and such principal, or both principal and
interest, as the case may be, thus made payable to the registered holder,
subject to such conditions as the State Board may prescribe. State
highway bonds so registered as to principal in the name of the holder
may thereafter be registered as payable to bearer and made payable
accordingly.
State highway bonds may also shall be issued as fully
registered bonds with both principal and interest thereof made payable
only to the registered holder. Such fully registered bonds shall be subject
to transfer under such conditions as the State Board shall prescribe.
Such fully registered bonds may, if the proceedings authorizing their
issuance so provide, be convertible into negotiable coupon bonds with
the attributes set forth in the first paragraph of this section.
Section 57-11-330. State highway bonds shall bear interest,
payable on such occasions as shall be prescribed by the State Board,
at a rate or rates not exceeding the maximum prescribed by Act No. 423
of 1969, as such act is now constituted or as such act may hereafter be
constituted following amendment or revision thereof. Each issue of
State state highway bonds shall mature in annual series
or installments, the first of which annual series or installments shall
mature not more than two years after the date of the bonds and the last
of which shall mature not more than twenty-five years after such
date. Such installments or series may be equal or unequal in amount.
State highway bonds may, in the discretion of the State Board, be made
subject to redemption at par and accrued interest, plus such redemption
premium as it shall approve and on such occasions as it may prescribe.
State highway bonds shall not be redeemable before maturity unless they
contain a statement to that effect.
Section 57-11-340. All State state highway bonds
issued under this article, and the interest thereon, shall be exempt from
all State state, county, municipal, school district, and
other taxes or assessments, direct or indirect, general or special, imposed
by the State of South Carolina, whether imposed for the purpose of
general revenue or otherwise, except inheritance, estate, or
transfer taxes.
Section 57-11-360. State highway bonds may be privately
placed as an investment of the State Retirement System, if the terms and
conditions of such disposition shall be approved by resolution duly
adopted by the State Board.
Otherwise, State highway bonds shall be sold by the Governor
and the State Treasurer upon sealed proposals, after publication of notice
of such sale one or more times at least seven days before such sale, in a
newspaper of general circulation in the State and also in a financial
paper published in New York City which regularly publishes notices of
sale of State state or municipal bonds. The bonds shall
be awarded to the highest bidder offering to purchase the
state highways bonds at the lowest net interest cost to the State at
a price of not less than ninety-nine percent of par and accrued
interest to the date of delivery, but the right shall be reserved to reject all
bids and to readvertise the bonds for sale and to waive technicalities in
the bidding. For the purpose of bringing about successful sales of
such bonds, the State Board may do all things ordinarily and customarily
done in connection with the sale of State state or
municipal bonds. All expenses incident to the sales of such bonds shall
be paid from the proceeds of the sale of such bonds.
Section 57-11-370. It shall be lawful for all executors,
administrators, guardians, and other fiduciaries and all sinking
fund commissions, including the State Budget and Control Board of
South Carolina in its capacities as trustee of the funds of the South
Carolina Retirement System and as manager and administrator of
other State state sinking funds, to invest any
moneys monies in their hands in State
state highway bonds.
Section 57-11-380. The proceeds of the sale of State
state highway bonds shall be received by the State Treasurer
and applied by him to the purposes for which issued, except that the
accrued interest, if any, shall be used to discharge in part the first interest
to become due on such bonds, and the premium, if any, shall be used to
discharge the payment of the first installment of principal to become due
on such bonds, but the purchasers of such bonds shall in no wise be
liable for the proper application of the proceeds to the purposes for
which they are intended.
Section 57-11-390. The proceeds derived from the sale of
State state highway bonds shall be applied only to the
purposes set forth in the resolution of the State Board pursuant to
for which the bonds are issued.
Section 57-11-400. 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 a highway bond fund
account within the state highway fund to be used exclusively to service
bonded indebtedness, except as otherwise provided for in this act. The
proceeds of all issuances of state highway bonds must be deposited to
the state highway fund to be used exclusively for state highway
transportation purposes, including the use of such proceeds to match
federal highway funds. All earnings on investments of any monies
deposited to the credit of the state highway fund must accrue to a
highway bond fund account and be used to service bonded
indebtedness. The State Highways and Public Transportation
Commission is authorized to make a request to the State Budget and
Control Board for the authority to issue up to one hundred twenty-five
million dollars in additional bonds pursuant to the 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 bonds must be retired over a twenty-year period from revenue
generated by the additional taxes levied in Sections 12-27-1210 through
12-27-1240 of the 1976 Code. Any portion of the proceeds
from the above tax not required to be applied to debt service payments
because the constitutional limitation has been reached may be applied
directly to any project for a highway transportation purpose, if
authorized by a concurrent resolution of the General
Assembly."
SECTION 6. Section 2-47-25 of the 1976 Code is amended by
adding a paragraph at the end to read:
"The Chairman of the Senate Transportation Committee and
the Chairman of the House Education and Public Works Committee, or
their designee, shall also serve on the committee and serve such terms
as the members of the committee provided for in Section 2-47-20."
SECTION 7. Chapter 47, Title 2 of the 1976 Code, is amended by
adding:
"Section 2-47-60. The Joint Bond Review Committee is
hereby authorized and directed to regulate the starting date of the
various projects approved for funding through the issuance of state
highway bonds so as to insure that the sources of revenue for debt
service on such bonds shall be sufficient during the current fiscal
year."
SECTION 8. Section 2-7-105 of the 1976 Code is amended to read:
"Section 2-7-105. State capital improvement bonds may be
authorized by the General Assembly in odd-numbered years. State
highway bonds may be authorized by the General Assembly in even-numbered years."
SECTION 9. Item (a) of Section 11-17-10 of the 1976 Code is
amended to read:
"(a) The term `bonds' shall mean general obligation bonds
payable from ad valorem taxes, general obligation bonds additionally
secured by any pledge of any assessments, or any pledge of revenues
derived by the borrower from any revenue-producing facility, bonds
payable solely from the revenues of any revenue-producing facility, and
bonds payable solely from any assessments. The term `bonds' shall
also include state highway bonds as defined pursuant to the provisions
of item (10) of Section 57-11-210 of the 1976 Code, as
amended."
SECTION 10. Chapter 27, Title 12 of the 1976 Code is amended
by adding:
"Section 12-27-35. The 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 11. Chapter 19 of Title 58 and Sections 12-27-1260, 12-27-1280, 12-27-1295, 12-27-1300, and 12-27-1310 are repealed.
SECTION 12. The commission of the department shall complete
all pending construction projects included in the ten-year plan of the
March 4, 1993, report issued to the General Assembly for the Strategic
Highway Plan for Improving Safety and Mobility Program. All projects
shall be reviewed by the commission and from this review, the
commission shall prepare a written report that details all such projects
including the approximate location of the project, the estimated cost of
completing such projects, and the proposed source of funds for each of
the projects. The department shall fund each project included on the
ten-year plan as reported to the General Assembly on March 4, 1993.
The commission must issue this written report to the Joint Bond Review
Committee, the Budget and Control Board, and the General Assembly
within one hundred-eighty days.
SECTION 13. Title 57 of the 1976 Code is amended by adding:
"CHAPTER 6
Section 57-6-10. There is established a Division of Public
Railways within the Department of Transportation.
Section 57-6-20. The executive director shall employ a director of
Public Railways who shall serve at the pleasure of the executive director
and such other employees as it may deem necessary for the proper
transaction of its business.
Section 57-6-30. The Department of Transportation Commission
shall have the following powers and duties in regard to the Division of
Public Railways:
(1) the power of a body corporate, including the power to sue and
be sued, to make contracts, and to adopt and use a common seal and
alter it as may be deemed expedient;
(2) to acquire by purchase or donation and to own, rent, lease,
mortgage, and dispose of such property, real or personal, as the
commission may deem proper to carry out the purposes and provisions
of this chapter, any or all of them;
(3) to operate, maintain, and control the tracks and equipment
transferred to it by the South Carolina State Ports Authority, or any other
person, and be governed by rules and regulations of the Interstate
Commerce Commission by virtue of Class 2 Certificate issued to the
Ports Commission and the Port Terminal Railroad of South Carolina;
(4) to acquire, construct, maintain, equip, and operate connecting,
switching, terminal, or other railroads. The term `railroad' as used in this
chapter shall include, but not be limited to, tracks, spurs, switches,
terminals, terminal facilities, roadbeds, rights-of-way, bridges, stations,
railroad cars, locomotives, or other vehicles constructed for operation
over railroad tracks, crossing signs, lights, signals, storage,
administration and repair buildings, and all structures and equipment
which are necessary for the operation of the railroad;
(5) to exercise the power of eminent domain by and in the name of
the commission. The commission also may acquire the rights-of-way of
abandoned railroads by gift or purchase;
(6) to employ such personnel as may be needed who must serve at
the pleasure of the secretary and to provide for their compensation;
(7) to issue revenue bonds, including notes, bonds, refunding bonds,
and other obligations authorized to be issued by this chapter, to defray
the cost of acquisition, by purchase, construction or condemnation, of
connecting, switching, terminal or other railroads, and necessary
equipment, payable both as to principal and interest from the revenues
to be derived from the operation of such railroads; provided, that all
revenue bonds issued by the commission shall be issued in accordance
with the provisions of Sections 57-6-60 through 57-6-180; and
(8) to do all things necessary and required to accomplish the
purposes of this chapter.
Section 57-6-40. The South Carolina State Ports Authority shall,
as soon as practicable, transfer to the commission its common carrier
Class 2 switching railroad operations that are currently under the
jurisdiction of the Interstate Commerce Commission.
This transfer includes tracks, yards, equipment, trackage rights,
franchise, licenses, leases, agreements, and labor contracts connected
with the above railroad operations. Tracks comprise approximately
seventeen miles of main yard and line tracks as reported in the latest
annual report to the Interstate Commerce Commission. Tracks do not
include railroad sidings serving a single user.
Section 57-6-50. In addition to the powers and duties of the
commission as specified by Section 57-6-30, when it shall appear that
the acquisition, by purchase, construction, condemnation, or donation,
and operation of additional connecting, switching, terminal, or other
railroads are desirable in the public interest to promote and foster
economic growth and development, the commission may, with the
approval of the State Budget and Control Board, extend its operations,
provided, that if such extension includes extension of mainline trackage,
the common carrier railroads operating in the State shall have declined
to agree to provide such facilities within six months after having been
requested to do so by the commission and the Budget and Control Board
and provided the financing for such extensions is approved by the
Budget and Control Board pursuant to the provisions of this chapter.
Section 57-6-60. All bonds issued by the commission under
authority of this chapter shall be limited obligations of the commission,
the principal of and interest on which shall be payable solely out of the
revenues derived from the operation of the railroads authorized by this
chapter which the bonds are issued to finance. Bonds and interest
coupons issued under authority of this chapter shall not constitute an
indebtedness of the commission, the State of South Carolina, or any
political subdivision thereof, within the meaning of any state
constitutional provision or statutory limitation and shall not constitute
nor give rise to a pecuniary liability of the same or a charge against the
general credit of the commission or against the full faith, credit, or
taxing power of the State of South Carolina, or a political subdivision
thereof, and such fact shall be plainly stated on the face of each bond.
Such bonds may be executed and delivered at any time as a single issue
or from time to time as several issues, may be in such form and
denominations, may be of such tenor, may be in registered or bearer
form either as to principal or interest or both, may be payable in such
installments and at such time or times not exceeding forty years from
their date, may be subject to such terms of redemption, may be payable
at such place or places, may bear interest at such rate or rates payable at
such place or places and evidenced in such manner, and may contain
such provisions not inconsistent herewith, all of which shall be provided
in the proceedings of the commission authorizing the bonds. Any bonds
issued under the authority of this chapter may be sold at a public or
private sale at such price and in such manner and from time to time as
may be determined by the commission to be most advantageous, and the
commission may pay, as a part of the cost of acquiring any railroad and
necessary equipment, and out of the bond proceeds, all expenses,
premiums, and commissions which the commission may deem necessary
or advantageous in connection with the authorization, sale, and issuance
thereof. All bonds issued under the authority of this chapter, except
registered bonds, registered otherwise than to the bearer and all interest
coupons appurtenant thereto shall be construed to be negotiable
instruments, despite the fact that they are payable solely from a specified
source. The proceedings authorizing the issuance of bonds may provide
for the issuance, in the future, of further bonds on a parity with those
initially issued, but such proceedings shall preclude the issuance of
bonds or any obligations of any sort secured by a lien prior to the lien of
the bonds or bonds afterwards issued on a parity with the bonds.
Pending the issuance of bonds, bond anticipation notes may be issued,
and to the end that a vehicle be provided therefor, the provisions of
Sections 11-17-10 through 11-17-110, as now or hereafter amended,
shall be applicable to such bond anticipatory borrowing.
Section 57-6-70. The principal of and interest on any bonds issued
under the authority of this chapter shall be secured by a pledge of the
revenues from which such bonds shall be payable, and may be secured
by a trust indenture covering all or any part of the railroad and necessary
equipment from which the revenues so pledged are derived. The
proceedings under which such bonds are authorized to be issued or any
such trust indenture may contain any agreements and provisions
customarily contained in instruments securing bonds, including, without
limiting the generality of the foregoing, provisions respecting the fixing
and collection of revenues for any railroad covered by such proceedings
or trust indenture, the maintenance and insurance of the railroad and
necessary equipment, the creation and maintenance of special funds
from the revenues of the railroad, and the rights and remedies available
in the event of default to the bondholders or to the trustee under trust
indenture, all as the commission shall deem advisable and as shall not
be in conflict with the provisions of this chapter; provided, however, that
in making any such agreements or provisions the commission shall not
have the power to obligate itself except with respect to the railroad and
necessary equipment and the application of the revenues therefrom, and
shall not have the power to incur a pecuniary liability or a charge upon
its general credit or against the full faith, credit, or taxing power of the
State of South Carolina or any political subdivision thereof. The
proceedings authorizing any bonds hereunder and any trust indenture
securing such bonds may provide that, in the event of default in payment
of the principal of or the interest on such bonds or in the performance of
any agreement contained in such proceedings or trust indenture, such
payment and performance may be enforced by mandamus or by the
appointment of a receiver in equity with power to charge and collect
revenues and to apply the revenues from the railroad in accordance with
such proceedings or the provisions of such trust indenture. Any such
trust indenture may provide also that in the event of default in payment
or the violation of any agreement contained in the trust indenture, it may
be foreclosed by proceedings at law or in equity, and may provide that
any trustee under the trust indenture or the holder of any of the bonds
secured thereby may become the purchaser at any foreclosure sale, if he
is the highest bidder. No breach of any such agreement shall impose any
pecuniary liability upon the commission or any charge upon its general
credit or against the full faith, credit, or taxing power of the State of
South Carolina, or any political subdivision thereof.
The trustee or trustees under any trust indenture, or any depository
specified by such trust indenture, may be such persons or corporations
as the commission shall designate, notwithstanding that they may be
nonresidents of South Carolina or incorporated under the laws of the
United States or the laws of other states of the United States.
Section 57-6-80. Contracts for the construction of any railroad, or
the purchase of any necessary equipment, may be let on such terms and
under such conditions as the commission shall prescribe and may be let
with or without advertisement or call for bids therefor.
Provided, however, that after the acquisition by construction of the
railroad has been completed and the railroad has been placed into service
the provisions of Section 1-1-440 shall apply.
Section 57-6-90. Prior to undertaking the acquisition of any
railroad and necessary equipment, the commission shall find: that the
acquisition of the railroad and necessary equipment is desirable in the
public interest to promote and foster economic growth and development;
that the common carrier railroads operating in the State shall have
declined to agree to provide such railroad and necessary equipment
within six months after having been requested to do so by the
commission and the Budget and Control Board; that the acquisition of
the railroad and necessary equipment will give rise to no pecuniary
liability of the commission or a charge against its general credit or a
charge against the full faith, credit, or taxing power of the State of South
Carolina or any political subdivision thereof; the amount of bonds
required to finance the acquisition of the railroad and necessary
equipment; the amount necessary in each year to pay the principal and
interest on the bonds proposed to be issued to finance the acquisition of
the railroad and necessary equipment; the amount necessary to be paid
each year into any reserve funds which the commission may deem it
advisable to establish in connection with the retirement of the proposed
bonds and the operation and maintenance of the railroad and necessary
equipment; and the estimated cost of maintaining the railroad and
necessary equipment in good repair and keeping them properly insured.
The determinations and findings of the commission required to be made
above shall be set forth in the proceedings under which the proposed
bonds are to be issued, and the commission shall certify in writing such
determinations and findings to the Budget and Control Board before the
issuance of such bonds.
Section 57-6-100. The commission shall have the power to
provide that the bond proceeds shall be disbursed by the trustee bank or
banks during construction upon the estimate, order, or certificate of the
designated construction engineer and the authorized representative of the
commission. In making such agreements or provisions the commission
shall not have the power to obligate itself except with respect to the
railroad and necessary equipment and the application of the revenues
therefrom, and shall not have the power to incur a pecuniary liability or
a charge upon the general credit of the commission or against the full
faith, credit, or taxing power of the State of South Carolina or a political
subdivision thereof.
Section 57-6-110. The books and financial records of any
additional acquisition authorized under this chapter shall be kept
separate and apart from
books and records of other divisions within the department.
Section 57-6-120. The proceeds from the sale of any bonds issued
under authority of this chapter shall be applied only for the purpose for
which the bonds were issued; provided, however, that any premium and
accrued interest received in any such sale shall be applied to the
payment of the principal of or the interest on the bonds sold; and
provided, further, that if for any reason any portion of the proceeds shall
not be needed for the purpose for which the bonds were issued, such
unneeded portion of the proceeds shall be applied to the payment of the
principal of or the interest on the bonds. The cost of acquiring any
railroad or necessary equipment shall be deemed to include the
following: the actual cost of the construction of any part of the railroad
which may be constructed, including architects' and engineers' fees; the
purchase price of any part of railroad or necessary equipment that may
be acquired by purchase; all expenses in connection with the
authorization, sale, and issuance of the bonds to finance such
acquisition; and the interest on the bonds for a reasonable time prior to
construction, during construction, and for not exceeding one year after
completion of the construction.
Section 57-6-130. Any bonds issued hereunder and at any time
outstanding may at any time and from time to time be refunded by the
commission, but only with the approval of the State Budget and Control
Board being first obtained, by the issuance of its refunding bonds in
such amount as the commission may deem necessary but not exceeding
an amount sufficient to refund the principal of the bonds to be refunded,
together with any unpaid interest thereon and any premiums, expenses,
and commissions necessary to be paid in connection therewith. Any
such refunding may be effected whether the bonds to be refunded have
matured or shall thereafter mature, either by sale of the refunding bonds
and the application of the proceeds for the payment of the bonds to be
refunded, or by exchange of the refunding bonds for the bonds to be
refunded thereby; provided, that the holders of any bonds to be refunded
shall not be compelled without their consent to surrender their bonds for
payment or exchange prior to the date on which they are payable, or, if
they are called for redemption prior to the date on which they are by
their terms subject to redemption. All refunding bonds issued under the
authority of this chapter shall be payable in the same manner and under
the same terms and conditions as are herein granted for the issuance of
bonds. In addition to the powers herein granted for the issuance of
refunding bonds the commission may avail themselves of the provisions
of Sections 11-21-10 through 11-21-80, (the Advanced Refunding Act).
Section 57-6-140. It shall be lawful for all executors,
administrators, guardians, committees, and other fiduciaries to invest
any monies in their hands in bonds issued under the provisions of this
chapter.
Section 57-6-150. The bonds authorized by this chapter and the
income therefrom, all trust indentures executed as security therefor, and
all railroads and necessary equipment, so long as owned by the
commission, and the revenue derived therefrom shall be exempt from all
taxation in the State of South Carolina except for inheritance, estate, or
transfer taxes, and all trust indentures made pursuant to the provisions
of this chapter shall be exempt from South Carolina stamp and transfer
taxes.
Section 57-6-160. No bonds shall be issued pursuant to the
provisions of this chapter until the proposal of the commission to issue
the bonds shall receive the approval of the State Budget and Control
Board. Whenever the commission shall propose to issue bonds pursuant
to the provisions of this chapter, it shall file its petition with the State
Budget and Control Board setting forth: (A) a brief description of the
railroad and necessary equipment proposed to be acquired and its
anticipated effect upon the economy of the area in which the railroad is
to be located and of the areas adjacent thereto;
(B) a reasonable estimate of the cost of the acquisition of the railroad
and necessary equipment; and
(C) a general summary of the terms and conditions of the trust
indenture. Upon the filing of the petition the State Budget and Control
Board shall, as soon as practicable, make such independent investigation
as it deems advisable, and if it finds that the acquisition of the railroad
and necessary equipment is intended to promote the purposes of this
chapter and is reasonably anticipated to effect such result, it shall be
authorized to approve the acquisition of the railroad and necessary
equipment and at any time following such approval, the commission
may proceed with the acquisition and financing of the railroad and
necessary equipment. Notice of the approval of the acquisition of the
railroad and necessary equipment by the State Budget and Control Board
shall be published at least once a week for three consecutive weeks by
the State Budget and Control Board in a newspaper having general
circulation in the State and the county where the railroad is to be located.
Any interested party may, within twenty days after the date of the
publication of such notice, but not afterwards, challenge the validity of
such approval by action de novo in the court of common pleas in any
county where the railroad is to be located.
Section 57-6-170. The authorization herein granted may be carried
out by the commission acting at any regular or special meeting and
without publication of the proceedings, notwithstanding any restriction,
limitation, or other procedure imposed upon the commission by any
other statute.
Section 57-6-180. In accordance with the requirements of 49,
United States Code, Section 10102(17), and other provisions of federal
laws governing the operation of common carrier railroads, unless such
requirements or any part of them are waived by the Interstate Commerce
Commission pursuant to Section 10505 of the Interstate Commerce Act
(49 U.S. Code, Section 10505), the commission shall hold title to,
disburse, and account for assets and revenues received by it from
whatever source. All such funds shall be on deposit with and maintained
in separate accounts by the State Treasurer."
SECTION 13. Sections 55-5-30, 55-5-40, 55-5-50 and 55-5-60 of
the 1976 Code are amended to read:
"Section 55-5-30. The South Carolina Aeronautics
Commission shall consist of seven members to be appointed in the
following manner: One member shall be appointed by the Governor,
with the advice and consent of the Senate, from each of the
congressional districts of the State, each of whom shall serve for a term
of four years and until his successor is appointed and duly qualified. One
member shall be appointed from the State at large by the Governor, who
shall serve for a term of six years and until his successor is appointed
and duly qualified. At no time shall there be more than three members
on the Commission who are directly engaged in commercial aviation.
The Governor may fill vacancies in the office of commissioner for the
unexpired term. There is established a Division of Aeronautics
within the Department of Transportation.
Section 55-5-40. The commissioners shall take the oath
of office provided by the Constitution and the oath prescribed by law for
such officers. The members of the Commission shall elect a chairman,
who shall serve during the term of his appointment. The Commission
shall meet in Columbia at least once every three months or at the call of
the chairman or the request of three of the members, at such time and
place as it may fix. No business shall be transacted by the Commission
except in regular meetings or a special called meeting after due notice,
including a statement of the purpose of the meeting, is given to each
member. All of the duties and powers devolved by law upon the former
Aeronautics Commission are hereby devolved upon the South Carolina
Aeronautics Commission herein created.
Section 55-5-50. The Commission executive
director shall employ a director of aeronautics who shall serve
at the pleasure of the executive director who is or has been a
commercial pilot with instrument rating and such other employees
as it may deem necessary for the proper transaction of its business.
Section 55-5-60. The State Budget and Control Board
commission shall provide, as soon as practicable,
suitable offices for the Commission Division of
Aeronautics in the city of Columbia, and the Commission may
maintain offices in any other city in the State that the
Commission commission may designate and may incur
the necessary expense for the office furniture, stationery, printing,
incidental expenses, and other expenses necessary for the enforcement
of this chapter and the general promotion of aeronautics within the
State."
SECTION 14. (A) Wherever the term Department of Highways
and Public Transportation appears in the Acts and Joint Resolutions of
the General Assembly or the 1976 Code of Laws of South Carolina, it
shall mean Department of Transportation. The Code Commissioner is
directed to change all such references at such time and in such manner
as may be timely and cost effective.
(B) Wherever the term South Carolina Aeronautics Commission
appears in the Acts and Joint Resolutions of the General Assembly or
the 1976 Code of Laws of South Carolina, it shall mean the Department
of Transportation Commission. The Code Commissioner is directed to
change all such references at such time and in such manner as may be
timely and cost effective.
(C) Wherever the term Strategic Highway Plan for Improving
Mobility and Safety Program or Strategic Highway Plan for Improving
Mobility and Safety appears in the Acts and Joint Resolutions of the
General Assembly or the 1976 Code of Laws of South Carolina, it shall
mean state highway fund. The Code Commissioner is directed to change
all such references at such time and in such manner as may be timely
and cost effective.
SECTION 15. To minimize the cost in implementing the
provisions of this bill, the department must utilize to the extent
practicable rather than discard any supplies, materials, or other items
which bear a reference to the department or a division of the department
which must be renamed pursuant to this bill. For items which have a
useful life of more than five years, the department shall implement a
program which requires the phase-in of any new name or logo which
may be compelled by the provisions of this bill.
SECTION 16. This act takes effect upon approval by the
Governor. /
Amend title to conform. JOHN C. LAND, III, for Committee.
A BILL
TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH
CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION, BY ADDING CHAPTER 2 SO AS TO
PROVIDE FOR THE DESIGNATION OF HIGHWAY DISTRICTS,
THE ELECTION OF HIGHWAY COMMISSIONERS BY THE
GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF
OFFICE, AND TO PROVIDE FOR NEW TERMS OF OFFICE FOR
COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1994;
TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, RELATING TO
STATE HIGHWAY BONDS, SO AS TO CREATE A STATE
HIGHWAY BOND FUND ACCOUNT AND TO PROVIDE FOR THE
REPAYMENT OF BONDS FROM REVENUE DERIVED FROM
TAXES LEVIED BY SECTIONS 12-27-1210, 12-27-1220, 12-27-1230,
AND 12-27-1240; TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 57
RELATING TO THE STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION AND SECTIONS 12-27-1260
THROUGH 12-27-1300 RELATING TO THE STRATEGIC
HIGHWAY PLAN FOR IMPROVING THE MOBILITY AND
SAFETY PROGRAM; AND TO PROVIDE THAT THE CODE
COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976
CODE OF LAWS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 57 of the 1976 Code is amended by adding:
"CHAPTER 2
Commission of the South Carolina Department of
Highways and Public Transportation
Section 57-2-10. The congressional districts of this State are
constituted and created highway districts of the State, designated by
numbers corresponding to the numbers of the respective congressional
districts in existence on January 1, 1993. For each district there must be
chosen in the manner and for the terms of office provided in this article
a commissioner to be known as district highway commissioners. A
county that is divided between two or more congressional districts, for
purposes of appointment of district highway commissioners, is
considered to be in the district that has the most of that respective
county's population.
One commissioner must be selected from the State at large who must
be appointed by the Governor, upon the advice and consent of the
Senate, and whose term is coterminous with that of the Governor
appointing. The commissioner appointed by the Governor serves as
chairman of the commission. The commissioners so chosen constitute
the Commission of the Department of Highways and Public
Transportation.
Section 57-2-20. Beginning April 15, 1994, district commissioners
must be elected by the legislative delegation of each congressional
district for a term of office of four years, which expires on April
fifteenth of the appropriate year. The terms of the initial members of the
commission elected by the legislative delegations are as follows:
(1) commissioners elected to represent the odd numbered
congressional districts: two years;
(2) commissioners elected to represent the even numbered
congressional district: four years.
No county within a highway district may have a resident
commissioner for more than one consecutive term. The legislative
delegations representing the counties of each district shall meet upon
written call of a majority of the members of the delegations of each
district at a time and place to be designated in the call for the purpose of
electing a commissioner to represent the district. A majority present,
either in person or by written proxy, of the legislative delegation from
a given district constitute a quorum for the purpose of electing a district
commissioner. No person may be elected district commissioner who
fails to receive a majority vote of the members of the legislative
delegation.
The legislative delegation must be organized by the election of a
chairman and a secretary, and the legislative delegations of each district
shall adopt rules they consider proper to govern the election. An
absentee may vote by written proxy. When the election is completed,
the chairman and the secretary of the legislative delegation shall transmit
immediately the name of the person elected to the Secretary of State who
shall issue to the person, after he has taken the usual oath of office, a
certificate of election as district commissioner. The Governor then shall
issue a commission to the person, and pending the issuance of the
commission the certificate of election is sufficient warrant to the person
to perform all of the duties and functions of his office as commissioner.
Each commissioner serves until his successor is elected and qualified.
Section 57-2-30. A vacancy as district commissioner occurring by
death, resignation, or removal must be filled by election in the manner
provided in Section 57-2-20 for the unexpired term only. A vacancy as
district commissioner occurring or approaching on account of the
expiration of the term of office may be filled by election as provided in
this section at any time within sixty days of the expiration of the term of
office.
Section 57-2-40. A qualified elector of the district may be elected to
represent that district on the commission. Failure by a commissioner to
maintain his residency in the district for which he is elected results in the
forfeiture of his office.
Section 57-2-50. Each commissioner must be reimbursed for official
expenses as provided by law for members of state boards and
commissions as established in the annual general appropriations act.
Section 57-2-60. The commission must select a vice-chairman and a
first vice-chairman to serve for two-year terms. The commission shall
adopt its own rules and procedures. The director for Finance and
Administration acts as secretary to the commission.
Section 57-2-70. The commission may adopt an official seal for use
on official documents of the department."
SECTION 2. Any present member of the Commission of the South
Carolina Department of Highways and Public Transportation
Commission or members of the commission elected before the effective
date of this act continues to serve until April 15, 1994.
SECTION 3. Article 3, Chapter 11, Title 57 of the 1976 Code is
amended to read:
"Article 3
State Highway Bonds
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 must be increased to more than 8.09 cents
per a gallon, then in such that event all
of such the increase shall must be
embraced within the definition `gasoline tax' as used in this section
unless in the initial enactment subsequent to July 1, 1977, the General
Assembly shall prescribe prescribes some other use for
all or some portion of such the increase in such
the tax.
(4) `Highway commission' `Commission' shall
mean that agency of government now composed in accordance
with the provisions of Articles 3 and 5 of Chapter 3, Title 57,
means the Commission of the South Carolina Department of
Highways and Public Transportation and any other commission or
agency of government hereafter exercising the powers granted
to the State Highway and Public Transportation Commission
commission pursuant to the provisions of Chapter 3, Title 57.
(5) `Highway construction purposes' shall mean
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
becomes necessary that moneys monies be
raised for highway construction purposes, or construction and
equipment of headquarters administrative facilities, including
moneys monies to be used to refund any state highway
bonds then outstanding, the Highway and Public Transportation
Commission commission may make request to the State
Board for the issuance of state highway bonds pursuant to this article.
Such The request may be in the form of a resolution
adopted at any regular or special meeting of the Highway and Public
Transportation Commission commission. Such
The request shall must set forth (on
the its face thereof or by schedules attached
thereto) to it:
(1) The the amount then required for highway
construction;
(2) A a tentative time schedule setting forth the
period of time during which the sum requested will be expended.
;
(3) A a debt service table showing the annual
principal and interest requirements for all state highway bonds then
outstanding. ;
(4) The 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. the fund balance of the
state highway bond fund, a schedule showing all encumbrances of the
fund, and a schedule of payments to be made from the fund for all debts
then outstanding.
Section 57-11-230. Following the receipt of any a
request pursuant to Section 57-11-220, the State Board shall review
the same and to it. To the extent that the State
Board it shall approve such approves the request,
it shall be is 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 highway bonds shall may not exceed
the 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
is not be deemed to be considered 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
acts hereof. Within such these
limitations state highway bonds may be issued from time to time under
the conditions prescribed by this article.
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 commission, 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, credited to the state highway bond
fund except that, so long as any state highway bonds shall
be are outstanding, the gasoline tax shall be
must not be less than the greater of 5.67¿
cents per a gallon, or the larger amount to
which it shall must be raised by legislation enacted
subsequent to January 1, 1973, the fuel oil tax shall be
must not be less than eight cents per a
gallon, the road tax not less than eight cents per a
gallon, and the schedule of motor vehicle license tax shall
must not be revised in such fashion as a
manner to reduce the aggregate to be received therefrom
from it.
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 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 the amount, denomination, and
numbering of state highway bonds to be issued;
(2) The the date as of which the same shall
be bonds are issued;
(3) The the maturity schedule for the retirement of
such state highway bonds;
(4) The the redemption provisions, if any,
applicable to such the bonds;
(5) The the maximum rate or rates of interest the
bonds shall 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 the purposes for which the bonds are to
be issued;
(7) The the occasion on which bids shall be
are received for the sale of such the bonds;
(8) The the form of advertisement of sale;
(9) The 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
actual receipts revenues credited to the state highway bond
fund, 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 commission and approved by
the State Board indicates that collections from the sources of revenue in
the then current and in applicable future fiscal years, will not be less
than one hundred fifty percent of maximum annual interest and principal
requirements of all state highway bonds then outstanding and all state
highway bonds thereafter to be outstanding.
Section 57-11-290. If following a presentation of a certified copy of
the resolution of the State Board it shall appear appears
to the satisfaction of the Governor and the State Treasurer that:
(a)(1) The the amount of revenues
derived from the sources of revenue, during the preceding fiscal year,
did in fact exceed one hundred fifty percent of the maximum annual
principal and interest requirements of all state 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 are
empowered to issue bonds in accordance with the request of the
resolution of the State Board.
Section 57-11-300. State highway bonds shall be are
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 the principal, or
both principal and interest, as the case may be, thus made
payable to the registered holder, subject to such conditions as the
State Board may prescribe. State highway bonds so registered as to
principal in the name of the holder may thereafter be registered as
payable to bearer and made payable accordingly.
State highway bonds may also may be issued as fully
registered bonds with both principal and interest thereof made
payable only to the registered holder. Such The fully
registered bonds shall be are subject to transfer under
such conditions as prescribed by the State Board
shall prescribe. Such The fully registered bonds
may, if the proceedings authorizing their issuance so provide,
may be convertible into negotiable coupon bonds with the
attributes set forth in the first paragraph of this section.
Section 57-11-330. State highway bonds shall bear interest,
payable on such occasions as shall be prescribed by the
State Board, at a rate or rates not exceeding the maximum prescribed by
Act No. 423 of 1969, as such the act is now constituted
or as such act may hereafter be constituted following amendment or
revision thereof amended. 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 annual series or installments
mature not more than twenty-five thirty years after
such that date. Such installments
Installments 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
approved and on such occasions as it may
prescribe prescribed. State highway bonds shall
are not be 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. RESERVED
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 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 be are 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 be are 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 be are applied only to the purposes
for which the bonds are issued.
Section 57-11-400. Within the highway fund, there is established
a separate and distinct state highway bond fund and a state highway
bond fund debt service account. The revenue derived from the tax
levied by Section 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240
must be remitted to the State Treasurer to be credited to the state
highway bond fund debt service account. The state highway bond fund
and the state highway bond fund debt service account must be separate
and distinct from the state general fund and highway fund. The proceeds
of all issuances of state highway bonds must be deposited to and must
remain part of the state highway bond fund. All earnings on investments
of any monies deposited to the credit of the state highway bond fund and
the state highway bond fund debt service account must accrue to and be
deposited in the respective account. Money from the state highway
bond fund may be expended only for the purposes delineated in the
resolution authorizing the issuance. The State Highways and
Public Transportation Commission commission is
authorized to make a request to the State Budget and Control Board for
the authority to issue up to one hundred twenty-five million dollars
in additional bonds pursuant to the this article
provisions of Article 3, Chapter 11, Title 57 of the 1976 Code to be
used exclusively for the Strategic Highway Plan for Improving Mobility
and Safety Program. and These these
bonds must be retired over a twenty-year period from revenue generated
by the additional taxes levied in Sections 12-27-1210 through 12-27-1240."
SECTION 4. Whenever the term Strategic Highway Plan for
Improving Mobility and Safety Program or Strategic Highway Plan for
Improving Mobility and Safety appears in the Code of Laws of South
Carolina, 1976, it means 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 5. Upon the effective date of this act, the commission must
review all pending construction projects under the Strategic Highway
Plan for Improving Safety and Mobility Program, including projects
which have been let and projects which are under construction. From
this review, the commission shall prepare a written report that details all
these projects including the approximate location of the project and the
estimated cost of completing the projects. The commission must issue
this written report to the Education and Public Works Committee of the
House of Representatives and the Transportation Committee of the
Senate. All funds not approved by the commission for the continuation
of construction projects are transferred to the highway bond fund as
established in Section 57-11-400 and all funds approved by the
commission for the continuation of construction projects are transferred
to the state highway fund to be used for the completion of the projects.
SECTION 6. Article 3, Chapter 3, Title 57 of the 1976 Code is
repealed effective April 15, 1994, and Sections 12-27-1260, 12-27-1270,
12-27-1280, 12-27-1290, and 12-27-1300 are repealed.
SECTION 7. This act takes effect upon approval by the Governor.
-----XX----- |