S 321 Session 110 (1993-1994)
S 0321 General Bill, By Moore, Courson, Leatherman, Martin, Ryberg, Setzler and
Wilson
A Bill 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
and 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, by providing for definitions, by providing
for the method and manner for appointing and confirming transportation
commissioners, including their term of office and their compensation, by
providing 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 secretary, by providing for the creation of administrative
highway districts, and by providing 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 for the creation of a State Highway Bond Fund
and a State Highway Bond Fund Debt Service Account; to add Chapter 6 to Title
57 recodifying Chapter 19 of Title 58 relating to public railways; to amend
Section 12-27-400, relating to the distribution and use of "C" Funds so as to
provide that a county council of a county must approve the roads upon which
all "C" Fund construction monies are expended within the county and to change
the formula by which "C" Fund monies are apportioned among the counties; to
provide that the Code Commissioner change certain references in the 1976 Code;
to provide for the creation of an ombudsman within the Department; and to
repeal Article 3, Chapter 3 of Title 57, Chapter 19 of Title 58, and Sections
55-5-30, 55-5-40, 12-27-1260, 12-27-1280, and 12-27-1300.
01/27/93 Senate Introduced and read first time SJ-11
01/27/93 Senate Referred to Committee on Transportation SJ-12
A BILL
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 AND
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,
BY PROVIDING FOR DEFINITIONS, BY PROVIDING FOR THE
METHOD AND MANNER FOR APPOINTING AND CONFIRMING
TRANSPORTATION COMMISSIONERS,INCLUDING THEIR
TERM OF OFFICE AND THEIR COMPENSATION, BY PROVIDING
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 SECRETARY, BY PROVIDING FOR THE
CREATION OF ADMINISTRATIVE HIGHWAY DISTRICTS, AND
BY PROVIDING 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 FOR THE CREATION OF A STATE
HIGHWAY BOND FUND AND A STATE HIGHWAY BOND FUND
DEBT SERVICE ACCOUNT; TO ADD CHAPTER 6 TO TITLE 57
RECODIFYING CHAPTER 19 OF TITLE 58 RELATING TO PUBLIC
RAILWAYS; TO AMEND SECTION 12-27-400, RELATING TO THE
DISTRIBUTION AND USE OF "C" FUNDS SO AS TO
PROVIDE THAT A COUNTY COUNCIL OF A COUNTY MUST
APPROVE THE ROADS UPON WHICH ALL "C" FUND
CONSTRUCTION MONIES ARE EXPENDED WITHIN THE
COUNTY AND TO CHANGE THE FORMULA BY WHICH
"C" FUND MONIES ARE APPORTIONED AMONG THE
COUNTIES; TO PROVIDE THAT THE CODE COMMISSIONER
CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO
PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN
THE DEPARTMENT; AND TO REPEAL ARTICLE 3, CHAPTER 3
OF TITLE 57, CHAPTER 19 OF TITLE 58, AND SECTIONS 55-5-30,
55-5-40, 12-27-1260, 12-27-1280, AND 12-27-1300.
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
Article 1
Section 57-1-10. The terms `highway', `street' and `road' as used
herein shall be general terms denoting a public way for the purpose of
vehicular travel, including the entire area within the right of way, and
the terms shall include roadways, pedestrian facilities, bridges, tunnels,
viaducts, drainage structures and all other facilities commonly
considered component parts of highways, streets or roads. The term
`roadway' shall mean that portion of a highway improved, designed or
ordinarily used for vehicular travel, exclusive of the shoulder or berm.
In the event a highway includes two or more separate roadways, the term
`roadway' as used herein shall refer to any such roadways separately but
not to all such roadways collectively. The term `public transportation'
shall mean every conveyance of human passengers by bus, van or any
other ground surface vehicle which is provided to the general public, or
selected groups thereof, on a regular and continuing basis.
Wherever the term `South Carolina State Highway Department' or
`State Highway Department' or `Highway Department' appears in the
Acts and Joint Resolutions of the General Assembly or the 1976 Code,
it shall mean `South Carolina Department of Highways and Public
Transportation'.
Wherever the term `State Highway Commission' appears in the Acts
and Joint Resolutions of the General Assembly or the 1976 Code, it shall
mean `State Highway and Public Transportation Commission'.
Wherever the term `Chief Highway Commissioner' appears in the
Acts and Joint Resolutions of the General Assembly or the 1976 Code,
it shall mean `Executive Director of the Department of Highways and
Public Transportation'. (A) 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, the Governor's Division
of Public Safety, and the Public Railways Commission, its officers or
agencies, are hereby transferred to the Department of Transportation.
All records, property, personnel, and unexpended appropriations shall
be transferred to the control of the Department of Transportation. All
rules, regulations, standards, orders or other actions of these entities
shall remain in effect unless specifically changed or voided by the
department in accordance with the Administrative Procedures Act.
Section 57-1-20. The assent of the State is hereby given to the terms
and provisions of an act of Congress, approved July 11, 1916,
entitled "An Act to Provide that the United States Shall Aid the
States in the Construction of Rural Post Roads and for Other
Purposes," and acts amendatory thereof and any other
act providing for Federal 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
federal act, so as to acquire the benefits thereof.
Section 57-1-30. The South Carolina Department of Highways
and Public Transportation may number and renumber State highways
whenever it considers it necessary or desirable. This specifically
authorizes the change in the numbers of routes as numbered by the State
Highway Act of 1924, known as the Pay-As-You-Go Act, and other acts
designating highways by numbers. The authority herein given to the
Department to renumber the highways mentioned and described in the
Highway Act of 1924, commonly known as the Pay-As-You-Go Act,
and all other acts shall not in any way relieve the Department in the
construction of the roads mentioned and described therein.
Section 57-1-40. All names given prior to June 13, 1951 to
highways or bridges pursuant to legislative action shall be retained.
For the purposes of this title, the following words, phrases, and
terms are defined as follows:
(1) `Administrative Highway District' means the
geographic area established by Section 57-3-40.
(2) `Bureau Director' means an employee who is
responsible for the day-to-day management and supervision of a bureau.
(3) `Commission' means the administrative and
governing body of the Department of Transportation.
`Department' means the Department of Transportation.
(5) `District Director' means an employee of the
department who is assigned to and responsible for the day-to-day
management and supervision of the operation of the department's
services, personnel, and administrative activities, including budgeting,
procurement, records management, and payroll in a highway
district.
(6) `Highway', `street', or `road' are general terms
denoting a public way for the purpose of vehicular travel, including the
entire area within the right-of-way, and the terms shall include
roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage
structures, and all other facilities commonly considered component parts
of highways, streets, or roads.
(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.
(9) `Secretary of Transportation' means the chairman of
the commission and the chief administrative officer of the Department
of Transportation.
Section 57-1-45. Whenever a road, bridge, or other highway
facility is dedicated and named in honor of an individual by act or
resolution of the General Assembly, the Department of Highways and
Public Transportation must be reimbursed all expenses incurred by the
Department to implement the dedication.
Reimbursement for expenses incurred by the Department must first be
approved by a majority of each county legislative delegation in which
the road, bridge, or facility is located. Reimbursement must be from the
State Secondary "C" Apportionment Fund of the county or
counties in which the road, bridge, or facility is located, and expenses
under this section are limited to five hundred dollars.
Reimbursement for expenses incurred by the Department to name
and dedicate a highway facility pursuant to a request from other than the
General Assembly must be by agreement between the requesting entity
and the Department.
Article 3
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. (A) There is established the Department of
Transportation Commission which is composed of three members to be
appointed by the Governor with the advice and consent of the Senate.
The commissioners shall serve for a term of six years except that of the
initial members appointed, the Governor shall designate one member to
serve for two years, one member to serve for four years, and one
member to serve for six years. The terms of office for members first
appointed shall begin July 1, 1994. Any members so appointed shall
remain in office until their successors shall have been appointed and
qualify.
(B) The persons appointed by the Governor for the office of
commissioner must:
(a) possess a strong knowledge in the field of transportation;
(b) possess administrative ability; and
(c) may not have served as a member of the General Assembly or
as a member of the South Carolina Department of Highways and Public
Transportation Commission within two years of the time that the term
of office for the appointment would begin.
Section 57-1-60. 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. (A) 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 57-1-60. If the
Senate does not consent to such appointment, the office shall be vacant.
Any or all members of the commission may, with the advice and consent
of the Senate, be removed by the Governor for cause shown.
(B) 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 and give bond to the
State in the sum of fifty thousand dollars for the faithful performance of
his duties.
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. Each commissioner must devote
his entire time to the duties of his office and shall not:
(a) engage in any occupation or business interfering with or
inconsistent with his duty;
(b) serve on or under any committee of a political party; or
(c) employ, appoint, promote, transfer, or advance any person related
to or connected to the commissioner by consanguinity or affinity to the
sixth degree to a position which is under the control or management of
the commissioner.
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. The Governor must designate one commissioner
as chairman of the commission who shall be the Secretary of the
Department of Transportation. The chairman of the commission shall
then designate the responsibilities and duties of each commissioner, in
addition to those provided for by statute.
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.
The commission shall carry out all of the day-to-day operations and
all management functions of the Department of Transportation. The
commission is vested with the exclusive authority to establish design
criteria, construction specifications, and standards required to construct
and maintain highways and bridges, public airports as provided for in
Chapter 5 of Title 55, and public railways as provided for in this
title.
Section 57-1-100. 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. The
commission must provide for the necessary planning, construction,
maintenance, and operation of an integrated statewide air, rail, and
highway transportation system for the economical and safe
transportation of people and goods. The commission must carry out its
duties and consider the needs and conditions of the State as a whole and
insure that the general statewide interest retains priority over the needs
and conditions of a particular area or region of the State.
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. (A) Commissioners shall receive such compensation as may be
established under the provisions of Section 8-11-160 and for which
funds have been authorized in the general appropriation act.
(B) The commission shall adopt its own rules and
procedures and shall adopt an official seal for use on official documents
of the department.
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. 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 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 shall have as its functions and
purposes the systematic planning, construction, maintenance and
operation of the state highway system, the regulation of traffic thereon,
the administration and enforcement of traffic, driver and motor vehicle
laws and other laws relating to such subjects, the coordination of all
state and federal programs relating to mass transit among departments,
agencies, and other bodies politic and legally constituted agencies of this
State, and the performance of such other duties and matters as may be
delegated to it pursuant to law. The department shall not be charged with
any regulatory duties or responsibilities delegated by law to the Public
Service Commission except that within one hundred eighty days of the
effective date of this act, the Public Service Commission shall transfer
to the department within the Division of Motor Carrier Services all
records, personnel, and unexpended appropriations associated with the
Transportation Division of the Public Service Commission.
Section 57-3-20. The Department is governed by the State
Highways and Public Transportation Commission and the Executive
Director of the Department of Highways and Public Transportation.
The Division of Highways and Administration must be divided into
such bureaus as the commission may prescribe but must consist of the
following principal bureaus: finance and administration; construction,
engineering and planning; motor vehicle; law enforcement and public
safety; motor carrier services; and mass transit. The commission may
establish other bureaus, or ancillary or service bureaus as may be
necessary for the efficient and economical operation of the division and
to carry out the functions and purposes of the division.
Section 57-3-30. A. The Department must be divided into such
divisions as the Commission or the Executive Director of the
Department of Highways and Public Transportation may prescribe but
shall consist of at least four principal divisions; one of which shall be the
engineering division, another the motor vehicle division, another the law
enforcement division, and another the public transportation division. The
motor vehicle division and the law enforcement division may be
combined under one director. Other ancillary or service divisions may
be set up by the Department as may be necessary for the efficient and
economical operation of the Department and to carry out the functions
and purposes of the Department. The Department is also authorized to
process all payments for goods and services for the Interagency Council
on Public Transportation.
B. The Department is authorized to develop a general public
transportation plan and policy for the State in order to encourage the
efficient development, implementation, operation, evaluation, and
monitoring of public transportation systems, both public and private. All
departments, boards, public authorities, or other agencies of the State or
its political subdivisions, local government, transportation authorities,
and other local public entities shall cooperate with the Department,
provide assistance, data, and advice upon request. The Division
has the following duties and powers:
(1) design out, build, and maintain public highways
and bridges;
(2) acquire such lands and road building materials and
rights-of-way as may be needed for roads and bridges by purchase, gift,
or condemnation;
(3) cause the state highways to be marked with
appropriate directions for travel and regulate the travel and traffic along
such highways, subject to the laws of the State;
(4) number or renumber state highways;
(5) initiate and conduct such programs and pilot
projects to further research and development efforts, and promote
training of personnel in the fields of planning, construction,
maintenance, and operation of the state highway system, the regulation
of traffic thereon, the administration and enforcement of traffic, driver
and motor vehicle laws and public transportation;
(6) cooperate with the federal government in the
construction of federal-aid highways, in the development of improved
mass transit service, facilities, equipment, techniques and methods and
in planning and research in connection therewith; and seek and receive
such federal aid and assistance as may from time to time become
available except for funds designated by statute to be administered by
the Chief Executive Officer of the State;
(7) instruct, assist, and cooperate with the agencies,
departments and bodies politic and legally constituted agencies of the
State in street, highway, traffic and mass transit matters when requested
to do so, and, if requested by such government authorities, supervise or
furnish engineering supervision for the construction and improvement
of roads and bridges, provided such duties do not impair the attention to
be given the highways in the state highway system;
(8) carry out highway and mass transit safety
programs;
(9) license and register motor vehicles and administer
the collection of license and registration fees and penalties;
(10) examine and license motor vehicle drivers;
(11) engage in driver training and safety activities;
(12) enforce the traffic, motor vehicle and related
laws;
(13) promulgate such rules and regulations for the
administration and enforcement of the powers delegated to the
department by law, which rules and regulations shall have the full force
and effect of law upon filing in accordance with the Administrative
Procedures Act;
(14) grant churches the right to cross over, under, along, and upon
any public roads or highways and rights-of-way 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 57-3-35. It is the sense of the General Assembly
that the Department of Highways and Public Transportation should
comply with Section 105(f) of the Federal Surface Transportation
Assistance Act of 1982 (STAA-1982). The department is directed to
effectuate and assure the compliance through contract documents and
regulations as may be necessary and such input from the Governor's
Office (Office of Small and Minority Business Assistance) in the
promulgation of the regulations.
Section 57-3-40. There is hereby created a division for erosion
control which will operate under the supervision and control of the
South Carolina Department of Highways and Public Transportation. The
division shall be charged with research of methods of combatting
erosion and of devising such means as will arrest the erosion of the shore
line of the State, and of putting into effect the necessary controls.
The commission may establish such administrative highway districts
within the division 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 districts and the territory embraced within
the districts and make such changes as may be necessary for the proper
and efficient operation of the districts.
Section 57-3-50. The South Carolina Department of Highways
and Public Transportation shall organize the division to perform the
duties required by Section 57-3-40, and is authorized to employ such
professional and clerical assistance as may be necessary, consistent with
such appropriations as may be provided by law for this purpose.
The commission must develop a general mass transit program and
policy for the State in order to encourage the efficient development,
implementation, operation, evaluation, and monitoring of mass transit
systems, both public and private. All departments, boards, public
authorities, or other agencies of the State or its political subdivisions,
local government, transportation authorities, and other local public
entities must cooperate with the department, provide assistance, data,
and advice upon request and must reimburse any such entity necessary
cost in the event of any expense.
Section 57-3-70. 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 3. Article 5, Chapter 3, Title 57 of the 1976 Code is
amended to read:
"Article 5
Section 57-3-410. The Executive Director of the Department of
Highways and Public Transportation shall be appointed by the State
Highway and Public Transportation Commission to serve for a four-year
term. A person appointed to this position shall be a citizen of practical
and successful business and executive ability. His compensation shall be
fixed by the Commission. The right to remove or discharge a person
holding the position of Executive Director of the Department of
Highways and Public Transportation shall be reserved to the
Commission. (A) The secretary is the executive
and administrative head of the Department of Transportation. He must
carry out the policies and administer the affairs of the department. He
must represent the department in its dealings with other state agencies,
local governments, special districts, and the federal government.
(B) The secretary may employ such personnel as may be
authorized by statute and for which funds have been authorized in the
annual general appropriation act.
Section 57-3-420. The Executive Director of the Department of
Highways and Public Transportation shall take and return the oath of
office as prescribed for all State officers. Immediately upon qualification
for office he shall give bond to the State in the sum of fifty thousand
dollars for the faithful performance of his duties. Within the
division the secretary shall designate that:
(A) one commissioner is responsible for the operation
and management of highway districts, including the implementation of
uniform departmental policies, rules, procedures, and standards in order
to ensure that each highway district uses its resources in an efficient and
effective manner. This commissioner is the direct supervisor of each
district director and must annually develop a needs assessment plan for
administrative district offices to be reviewed by the commission;
and
(B) the other commissioner is responsible for the
operation and management of each bureau, including establishing
uniform departmental policies, rules, procedures, and standards in order
to ensure uniform compliance and quality performance. The
commissioner is the direct supervisor of each bureau director and must
annually develop a needs assessment plan for each bureau which must
be reviewed by the commission. If the secretary is unable, absent, or
fails to perform his required duties, he must perform the duties of the
secretary.
Section 57-3-430. 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.
Section 57-3-440. The Executive Director of the Department of
Highways and Public Transportation may appoint such assistants,
deputies and employees as he considers necessary to the proper
administration of the affairs of the Department and may prescribe their
duties, powers and functions. The secretary must appoint a
district director for each administrative district. The compensation of
the district directors must be established in accordance with state law
and regulation. The district director is the chief administrative officer of
an administrative highway district and serves at the pleasure of the
secretary. He is responsible for coordinating and managing all aspects
of the department's operations at the administrative district level,
including personnel, budgeting, and strategic planning.
Section 57-3-450. There is a Director of Finance and
Administration of the 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. 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 shall, before entering
upon the duties of his office, give bond to the State in the sum of fifty
thousand dollars for the faithful performance of his duties. He shall take
and return the oath of office as prescribed for all State officers.
The bureaus established in Section 57-3-20 must be administered by
a bureau director who shall serve at the pleasure of the secretary. The
responsibilities and duties of the following bureau directors must
include, but not be limited to, the following:
(1) Director of Finance and Administration:
a. financial planning and management;
b. accounting systems necessary to comply with all
federal and/or state laws and/or regulations as well as all policies
established by the Comptroller General; and
c. administrative functions, including developing
policy and procedures to ensure compliance with the provisions of this
item;
(2) Director of Construction, Engineering, and Planning:
a. development of statewide strategic highway plans;
b. construction, design, construction oversight, and
maintenance of state highways; and
c. acquisition and management of transportation
rights-of-ways;
(3) Director of Motor Vehicle Services:
a. development of statewide motor vehicle services,including
licensing, registration, and titling of motor vehicles; and
b. regulation of motor vehicle dealers;
(4) Director of Mass Transit:
a. development of statewide modal system plan,
including mass transit systems;
(5) Director of Motor Carrier Services:
a. administer all statutes and regulations that authorize or require
the department to issue or regulate permits or licenses other than driver's
licenses;
b. administer programs necessary to enforce compliance with
statutes, regulations, and department policy governing weight, size,
length, width, and height requirements and limitations; the conditions or
qualifications established in the issuance of department permits or
licenses as herein specified and the forfeiture of any records, licenses,
or other property under the department's jurisdiction; and
c. inspection and investigation of any business or activity which the
department by law is required to regulate.
The secretary is required to transfer all programs, activities, or
personnel which are necessary to comply with the provisions of this
section; and
(6) Director for Law Enforcement and Public Safety:
a. enforcement of motor vehicle and traffic safety laws;
b. appoint the colonel of the Highway Patrol; and
c. administer all federal `Match Law
Enforcement Programs' and other grant programs for law enforcement,
including the distribution of such funds to local law enforcement
agencies.
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. The commission is charged
with the responsibility of continually reviewing and monitoring the
division's programs and policies, including all independent and external
audits. The commission must publish a summary of its findings and any
resulting corrective action taken in the department's annual report.
Section 57-3-480. Appointments of persons to employment within
the Department and promotions, demotions, transfers, separations,
leaves and similar matters may be based upon a merit system of
personnel administration which the Department may institute pursuant
to rules and regulations promulgated therefor by the Commission.
(A) There is established an office of ombudsman which must be
located within the department. The secretary must appoint an
ombudsman who shall report to and serve at the pleasure of the
Governor.
(B) The ombudsman is authorized to receive and investigate any
problem or complaints on behalf of any interested individual relating to
the department. He shall have the authority to carry out any such
investigation and to request and receive written statements, documents,
exhibits, and other items pertinent to the investigation. At the
conclusion of any such investigation, he may issue such report and
recommendations to the commission as in his opinion and will assist the
department in approving its operation.
Section 57-3-490. The Department may furnish all
necessary first aid to employees of the Department who may be injured
while engaged in the discharge of official duties assigned them by the
Department. Such first aid may consist of medical and surgical attention
ordinarily incident to physical injuries of the kind sustained, together
with necessary hospitalization. Claims for medical and surgical attention
for hospital care given employees of the Department on account of
injuries of the kind contemplated in this section may be submitted
directly to the Department for payment after verification. But if any such
claim may in the judgment of the Department appear excessive in
amount, considering the character and extent of the service rendered,
then such claim shall be submitted to the Department of Health and
Environmental Control for examination as to reasonableness, and the
Department shall pay on account of the claim only such amounts as the
Department of Health and Environmental Control may approve as
reasonable and proper under the circumstances and shall not be liable on
account of such claim.
Section 57-3-500. The Department may pay from State highway
funds claims of employees of the Department, arising under the
provisions of the Workers' Compensation Law, which are recommended
for payment by the Department and have the approval of the South
Carolina Workers' Compensation Commission. The department
may pay from state highway funds claims of employees of the
department, arising under the provisions of the Workers' Compensation
Law, which are recommended for payment by the department and have
the approval of the Workers' Compensation Commission.
Section 57-3-510. Sections 57-3-490 and 57-3-500 have
no purpose other than to authorize the Department to give reasonable
attention to its employees who may be injured in the discharge of their
official duties and leave with the Department full discretion to determine
the reasonable necessities in each case. None of the provisions thereof
shall serve to increase any responsibility or liability imposed upon the
Department by existing laws, nor shall they affect or impair in any way
the effects or operation of the State workers' compensation laws.
Section 57-3-520. Legal representation for the Department of
Highways and Public Transportation's workers' compensation claims
program shall be provided by a chief claims counsel and such staff
attorneys as are necessary, to be appointed by the Executive Director of
the Department of Highways and Public Transportation with the
approval of the Attorney General. Any extra legal services that may be
required shall be performed by attorneys selected by the Executive
Director of the Department of Highways and Public Transportation with
the approval of the Attorney General. The Department is authorized to
retain independent adjusters for purposes of investigating and adjusting
claims and suits arising under workers' compensation, motor vehicle
damage and personal injury damage programs involving Department
liability exposure and recovery potential. Expenses for the
administration and implementation of this section shall be paid from the
State Highway Fund. The secretary shall have the 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 secretary. The department is
authorized to retain independent adjusters for purposes of investigating
and adjusting claims and suits arising under workers' compensation,
motor vehicle damage, and personal injury damage programs involving
department liability exposure and recovery potential. Expenses for the
administration and implementation of this section shall be paid for from
the State Highway Fund."
SECTION 4. 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 by agreement must be reimbursed for
the expenses incurred to implement the dedication which exceed six
hundred dollars.
Reimbursement for expenses incurred by the department to
name and dedicate a highway facility pursuant to a request from other
than the General Assembly must be by agreement between the
requesting entity and the department and be paid for by the party
pursuant to the agreement.
Section 57-3-620. The Department 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 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 5. Article 3, Chapter 11, Title 57 of the 1976 Code is
amended to read:
"Section 57-11-210. The terms defined herein shall have the
meanings hereinafter set forth:
(1) `Fiscal year' means the fiscal year upon which the affairs of the
State of South Carolina are then being conducted. As of the date of this
enactment it is that which begins on July first and ends on June thirtieth
of the succeeding calendar year.
(2) `Fuel oil tax' shall mean the tax levied pursuant to Chapter 29,
Title 12.
(3) `Gasoline tax' shall mean not less than 7.09 cents of the 8.09
cents per gallon tax imposed upon gasoline, components thereof or
substitutes therefor, pursuant to the provisions of Chapter 27 of Title 12,
except Section 12-27-240. In the event that by legislation enacted
subsequent to July 1, 1977, the tax imposed by Section 12-27-230 shall
be increased to more than 8.09 cents per gallon, then in such event all of
such increase shall be embraced within the definition `gasoline tax' as
used in this section unless in the initial enactment subsequent to July 1,
1977, the General Assembly shall prescribe some other use for all or
some portion of such increase in such tax.
(4) `Highway commission' `Commission' shall mean
that agency of government now composed in accordance with the
provisions of Articles 3 and 5 of Chapter 3, Title 57, and any other
commission or agency of government hereafter exercising the powers
granted to the State Highway and Public Transportation
Commission commission pursuant to the provisions of
Chapter 3, Title 57.
(5) `Highway construction purposes' shall mean the construction of
roads now or hereafter made a part of the State state
highway system, or the reconstruction and improvement of highways
now or hereafter made a part of the State state highway
system.
(6) `Motor vehicle license tax' shall mean the annual tax imposed
upon the owner of every motor and other vehicle pursuant to the
provisions of Articles 5, 7, 21 and 25, Chapter 3, Title 56.
(7) `Road tax' shall mean the road tax imposed on motor carriers
pursuant to Chapter 31, Title 12.
(8) `Sources of revenue' shall mean the gasoline tax, the fuel oil tax,
the road tax, and the motor vehicle license tax.
(9) `State board' shall mean the State Budget and Control Board of
South Carolina.
(10) `State highway bonds' shall mean all general obligation bonds of
the State of South Carolina designated as State state
highway bonds, which are now outstanding and which may hereafter be
issued pursuant to the authorizations of this article. Section 57-11-220.
Whenever it shall become necessary that moneys be raised for
highway construction purposes, or construction and equipment of
headquarters administrative facilities, including moneys to be used to
refund any State highway bonds then outstanding, the Highway and
Public Transportation Commission may make request to the State Board
for the issuance of State highway bonds pursuant to this article. Such
request may be in the form of a resolution adopted at any regular or
special meeting of the Highway and Public Transportation Commission.
Such request shall set forth (on the face thereof or by schedules attached
thereto):
(1) The amount then required for highway construction;
(2) A tentative time schedule setting forth the period of time during
which the sum requested will be expended.
(3) A debt service table showing the annual principal and interest
requirements for all State highway bonds then outstanding.
(4) The amount of revenues derived from each of the sources of
revenue during the preceding fiscal year; and
(5) The amount as estimated by the Highway and Public
Transportation Commission which will be derived from the sources of
revenue during the then current and the next ensuing fiscal years during
which it is expected that the State highway bonds then sought to be
issued will be outstanding, but in estimating the amount to be derived
from the sources of revenue the Highway and Public Transportation
Commission shall not assume that the revenues for the then current
fiscal year or any future fiscal year will be more than five percent in
excess of the actual sums derived from the sources of revenue in the
preceding fiscal year, nor that in the sixth or subsequent years there will
be any increase over the estimated revenues for the fifth fiscal year
following the last completed fiscal year. State highway
bonds issued for the purpose of highway construction or other such
purposes of the department as the General Assembly may authorize shall
be issued in accordance with the provisions of Chapter 17 of Title 11 of
the 1976 Code, as amended, and Chapter 47 of Title 2 of the 1976 Code,
as amended.
In addition to the requirements of Chapter 17 of Title 11 and
Chapter 47 of Title 2 of the 1976 Code, the department shall, in each
odd-numbered year, review the construction needs for the state highway
programs. Upon conclusion of this review, the department shall
recommend to the General Assembly, such projects for construction as
it deems advisable to consider in the ensuing year. The department, in
making its review and recommendations, may consider socioeconomic
and transportation factors to include, but not be limited to:
(1) per capita employment;
(2) farm aces per square mile;
(3) per capita income;
(4) population per square mile;
(5) existing interstate and primary road mileage per square mile;
(6) average daily traffic (ADT);
(7) roadway width;
(8) shoulder width;
(9) surface width;
(10) gradient;
(11) curvature;
(12) sight distance;
(13) truck traffic; and
(14) economic benefit.
Section 57-11-230. Following the receipt of any request
pursuant to Section 57-11-220, the State Board shall review the same
and to the extent that it shall approve such request, it shall be
empowered, by resolution duly adopted, to effect the issuance of State
highway bonds, or pending the issuance thereof, effect the issuance of
bond anticipation notes pursuant to Sections 11-17-10 to 11-17-110, as
amended.
Section 57-11-240. The outstanding aggregate principal
indebtedness on account of State The maximum annual debt
service on general obligation bonds issued or outstanding as state
highway bonds shall not exceed the debt service limits established
in Article X, Section 13 of the South Carolina Constitution. one
hundred fifty million dollars, exclusive of a maximum of seven million
dollars of bonds that are hereby authorized for construction and
equipment of headquarters administrative facilities. The limitation herein
imposed shall not be deemed to be an obligation of the contract made
between the State and the holders of bonds issued pursuant to this
article, and the limitation herein imposed may be enlarged or reduced
from time to time by acts amendatory hereof. Within such
limitations State state highway bonds may be issued
from time to time under the conditions prescribed by this article and
as authorized under Section 2-7-105 of the 1976 Code, as amended.
Section 57-11-250. For the payment of the principal of and interest
on all State state highway bonds (whether now
outstanding or hereafter issued), there shall be pledged the full faith,
credit and taxing power of the State of South Carolina and in addition
thereto, but subject to the limitations hereafter set forth, all of the
moneys monies derived from taxes levied in
Sections 12-27-1210 through 12-27-1240 of the 1976 Code the
sources of revenue. All moneys realized from the sources of revenue
which may be forthwith used by the State Treasurer, without
further action of the Highway and Public Transportation
Commission commission, for the payment of the principal
and interest of State state highway bonds, as the same
respectively mature.
Section 57-11-260. All revenue received from the sources
of revenue during each fiscal year shall be discharged from the pledge
made by Section 57-11-250 when payment, or provision for payment,
has been made for all installments of principal or interest of all State
highway bonds maturing in such fiscal year, and thereafter such moneys
may be applied as hereinafter provided.
Section 57-11-270. The pledge of moneys monies
derived from the sources of revenue set aside in the state highway
bond fund shall not preclude the General Assembly from revising
the quantum of any tax included in the sources of revenue,
except that, so long as any State state highway bonds
shall be outstanding, the gasoline tax shall be not less than the
amount needed to fund the general operations budget of the
department in addition to the tax levied and collected under the
provisions of Section 12-27-1210 through 12-27-1240 of the 1976 Code,
as amended greater of 5.67¿ per gallon, or the larger amount to
which it shall be raised by legislation enacted subsequent to January 1,
1973, the fuel oil tax shall be not less than eight cents per gallon, the
road tax not less than eight cents per gallon, and the schedule of motor
vehicle license tax shall not be revised in such fashion as to reduce the
aggregate to be received therefrom.
Section 57-11-280. In order to effect the issuance of bonds pursuant
to this article, the State Board may adopt a resolution providing for the
issuance of State state highway bonds and may transmit
a certified copy thereof to the Governor and to the State Treasurer, with
the request that they issue and deliver State state
highway bonds in accordance with the terms and conditions of such
resolution. Such resolution shall set forth the following:
(1) The the amount, denomination and
numbering of State state highway bonds to be issued;
(2) The the date as of which the same shall be
issued;
(3) The the maturity schedule for the retirement
of such State state highway bonds;
(4) The the redemption provisions, if any,
applicable to such bonds;
(5) The the maximum rate or rates of interest the
bonds shall bear which shall not be in excess of that permitted by Act
423 of 1969 as now constituted or as hereafter amended;
(6) The the purposes for which the bonds are to
be issued;
(7) The the occasion on which bids shall be
received for the sale of such bonds;
(8) The the form of advertisement of sale;
(9) The the form of the bonds of the particular
issue; and
(10) Such such other matters as may be deemed
necessary in order to effect the sale, issuance and delivery thereof.
Such resolution shall further set forth a finding on the part of the State
Board that the revenues credited to the state highway bond fund
actual receipts, for the preceding fiscal year, from the sources
of revenue equaled or exceeded one hundred fifty percent of
the maximum annual debt service requirements for all State
state highway bonds then outstanding and all State
state highway bonds thereafter to be outstanding and that the
estimate made by the Highway and Public Transportation
Commission commission and approved by the State Board
indicates that collections from the sources of revenue in the then current
and in applicable future fiscal years, will not be less than one hundred
fifty percent of maximum annual interest and principal requirements of
all State state highway bonds then outstanding and all
State state highway bonds thereafter to be outstanding.
Section 57-11-290. If following a presentation of a certified copy of
the resolution of the State Board it shall appear to the satisfaction of the
Governor and the State Treasurer that:
(a) The the amount of revenues derived from the
sources of revenue, during the preceding fiscal year, did in fact exceed
one hundred fifty percent of the maximum annual principal and interest
requirements of all State state highway bonds then
outstanding and all State state highway bonds thereafter
to be outstanding; and
(b) That the estimated collections from the sources of revenue
in the then current and in applicable future fiscal years, will be not less
than one hundred fifty percent of the maximum annual debt service
requirements of all State state highway bonds then
outstanding and all State state highway bonds thereafter
to be outstanding, then the Governor and State Treasurer shall be
empowered to issue bonds in accordance with the request of the
resolution of the State Board.
Section 57-11-300. State highway bonds shall be issued in such form
and with such provisions as to time, place or places and medium of
payment as may be determined by the State Board, subject to the
provisions of this article.
Section 57-11-310. State highway bonds shall each be in the
denomination of one thousand dollars or some multiple thereof.
Section 57-11-320. State highway bonds issued pursuant to this
article may be in the form of negotiable coupon bonds, payable to
bearer, with the privilege to the holder of having them registered in his
name on the books of the State Treasurer as to principal only, or as to
both principal and interest, and such principal, or both principal and
interest, as the case may be, thus made payable to the registered holder,
subject to such conditions as the State Board may prescribe. State
highway bonds so registered as to principal in the name of the holder
may thereafter be registered as payable to bearer and made payable
accordingly.
State highway bonds may also be issued as fully registered bonds with
both principal and interest thereof made payable only to the registered
holder. Such fully registered bonds shall be subject to transfer under
such conditions as the State Board shall prescribe. Such fully registered
bonds may, if the proceedings authorizing their issuance so provide, be
convertible into negotiable coupon bonds with the attributes set forth in
the first paragraph of this section.
Section 57-11-330. State highway bonds shall bear interest, payable
on such occasions as shall be prescribed by the State Board, at a rate
or rates not exceeding the maximum prescribed by Act No. 423 of 1969,
as such act is now constituted or as such act may hereafter be constituted
following amendment or revision thereof. Each issue of
State state highway bonds shall mature in annual series
or installments, the first of which annual series or installments shall
mature not more than two years after the date of the bonds and the last
of which shall mature not more than twenty-five thirty
years after such date. Such installments or series may be equal or
unequal in amount. State highway bonds may, in the discretion of the
State Board, be made subject to redemption at par and accrued interest,
plus such redemption premium as it shall approve and on such occasions
as it may prescribe. State highway bonds shall not be redeemable before
maturity unless they contain a statement to that effect.
Section 57-11-340. All State state highway bonds
issued under this article, and the interest thereon, shall be exempt from
all State state, county, municipal, school district, and
other taxes or assessments, direct or indirect, general or special, imposed
by the State of South Carolina, whether imposed for the purpose of
general revenue or otherwise, except inheritance, estate or transfer taxes.
Section 57-11-350. All state highway bonds issued under this article
must be signed by the Governor and the State Treasurer. The Governor
and the State Treasurer may sign these obligations by a facsimile of their
signatures. The Great Seal of the State must be affixed to, impressed, or
reproduced upon each of them and each must be attested by the
Secretary of State. All coupons that may be attached to state highway
bonds must be authenticated by facsimile signature of the State
Treasurer who is in office on the date which the state highway bonds
bear or on the date on which the state highway bonds are converted into
coupon bonds. State highway bonds so executed and authenticated are
valid notwithstanding any changes in officers or seal occurring after the
execution or authentication.
Section 57-11-360. State highway bonds may be privately placed as
an investment of the State Retirement System, if the terms and
conditions of such disposition shall be approved by resolution duly
adopted by the State Board.
Otherwise, State state highway bonds shall be sold
by the Governor and the State Treasurer upon sealed proposals, after
publication of notice of such sale one or more times at least seven days
before such sale, in a newspaper of general circulation in the State and
also in a financial paper published in New York City which regularly
publishes notices of sale of State state or municipal
bonds. The bonds shall be awarded to the highest bidder at a price of not
less than par and accrued interest to the date of delivery, but the right
shall be reserved to reject all bids and to readvertise the bonds for sale
and to waive technicalities in the bidding.
For the purpose of bringing about successful sales of such bonds, the
State Board may do all things ordinarily and customarily done in
connection with the sale of State state or municipal
bonds. All expenses incident to the sales of such bonds shall be paid
from the proceeds of the sale of such bonds.
Section 57-11-370. It shall be lawful for all executors, administrators,
guardians, and other fiduciaries and all sinking fund
commissions, including the State Budget and Control Board of South
Carolina in its capacities as trustee of the funds of the South Carolina
Retirement System and as manager and administrator of other
State state sinking funds, to invest any moneys
monies in their hands in State state highway
bonds.
Section 57-11-380. The proceeds of the sale of State
state highway bonds shall be received by the State Treasurer
and applied by deposited to the credit of the state highway
bond fund account him to the purposes for which issued,
except that the accrued interest, if any, shall be used to discharge in part
the first interest to become due on such bonds, and the premium, if any,
shall be used to discharge the payment of the first installment of
principal to become due on such bonds, but the purchasers of such bonds
shall in no wise be liable for the proper application of the proceeds to the
purposes for which they are intended.
Section 57-11-390. The proceeds derived from the sale of
State state highway bonds shall be applied only to the
purposes for which the bonds are issued.
Section 57-11-400. There is established a separate and distinct
state highway bond fund and a state highway bond fund debt service
account. The revenue derived from the tax levied by Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be remitted to the
State Treasurer to be credited to the state highway bond fund debt
service account. The state highway bond fund and the state highway
bond fund debt service account must be separate and distinct from the
state general fund and other highway funds. The proceeds of all
issuances of state highway bonds must be deposited to and must remain
part of the state highway bond fund. All earnings on investments of any
monies deposited to the credit of the state highway bond fund and the
state highway bond fund debt service account must accrue to and be
deposited in the respective account. Money from the state highway
bond fund may be expended only for the purposes delineated in the
resolution authorizing the issuance. The State Highways and
Public Transportation Commission commission is
authorized to make a request to the State Budget and Control Board for
the authority to issue up to one hundred twenty-five million dollars
in additional bonds pursuant to the this chapter
provisions of Article 3, Chapter 11, Title 57 of the 1976 Code to be
used exclusively for the Strategic Highway Plan for Improving Mobility
and Safety Program. and These these
bonds must be retired over a twenty-year thirty-year
period from revenue generated by the additional taxes levied in Sections
12-27-1210 through 12-27-1240 of the 1976 Code."
SECTION 6. 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 7. 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 8. Upon the effective date of this act, the commission of the
department must review all pending construction projects under the
Strategic Highway Plan for Improving Safety and Mobility Program,
including projects which have been let and projects which are under
construction. From this review, the commission shall prepare a written
report that details all such projects including the approximate location
of the project and the estimated cost of completing such projects. The
commission must issue this written report to the Joint Bond Review
Committee and the Budget and Control Board. All funds not approved
by the commission for the continuation of construction projects shall be
transferred to the highway bond fund as established in Section 57-11-400 and all funds approved by the commission for the continuation of
construction projects shall be transferred to the state highway fund to be
used for the completion of such projects.
SECTION 9. Section 12-27-400 of the 1976 Code of Laws is amended
to read:
"Section 12-27-400. The monies collected by the
Commission commission pursuant to the provisions of
Section 12-27-240 must be deposited with the State Treasurer and
expended on the State Highway Secondary System for construction,
improvements, and maintenance and, together with any other funds
made available for the purpose, must be apportioned among the counties
of the State in the following manner: one-third in the ratio which the
land area of the county bears to the total land area of the State; one-third one-half in the ratio which the population of the
county bears to the total population of the State as shown by the latest
official decennial census; and one-third one-half
in the ratio which the mileage of all rural public roads in the county
bears to the total rural road mileage in the State as shown by the latest
official records of the Department of Highways and Public
Transportation. Seventy-five percent of a county's apportionment of
`C' construction funds may be expended for local paving or improving
county roads and for street and traffic signs and other paving projects.
A majority of the county council members legislative
delegation members, including a majority of the senators and a majority
of the members of the House of Representatives representing the county
in which the expenditures are to be made must approve the roads
upon which `C' construction funds are to be expended as permitted by
this paragraph and they may contract for the improvements. Roads
which are improved using the seventy-five percent `C' construction
funds must be maintained by the governing body of the county. Roads
constructed of rock using `C' construction funds must consist of not less
than one inch nor more than two and one-half inches of rock or its
equivalent. The construction, improvement, and maintenance of the
farm-to-market or state secondary highway program and of roads using
the seventy-five percent `C' construction funds must be at least equal to
the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as `C' construction funds must have
the approval of a majority of the county council members
legislative delegation members of the county in which the
expenditures are to be made. The approval of the expenditure of `C'
funds must be in an equitable manner in the incorporated and
unincorporated areas of the county. Each county council
legislative delegation must be notified by the department no later
than July 30 thirtieth of each year as to the balance of
any unexpended C `C' funds from the previous fiscal
year. All unexpended C `C' fund monies must remain
in that account for the succeeding fiscal year and must be expended as
provided for in this section."
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. Title 57 of the 1976 Code is amended by adding:
"CHAPTER 6
Section 57-6-10. There is established a Division of Public Railways
within the Department of Transportation.
Section 57-6-30. The Department of Transportation Commission shall
have the following powers and duties in regard to the Division of Public
Railways:
(1) the power of a body corporate, including the power to sue and
be sued, to make contracts, and to adopt and use a common seal and
alter it as may be deemed expedient;
(2) to acquire by purchase or donation and to own, rent, lease,
mortgage, and dispose of such property, real or personal, as the
commission may deem proper to carry out the purposes and provisions
of this chapter, any or all of them;
(3) to operate, maintain, and control the tracks and equipment
transferred to it by the South Carolina State Ports Authority, or any other
person, and be governed by rules and regulations of the Interstate
Commerce Commission by virtue of Class 2 Certificate issued to the
Ports Commission and the Port Terminal Railroad of South Carolina;
(4) to acquire, construct, maintain, equip, and operate connecting,
switching, terminal, or other railroads. The term `railroad' as used in this
chapter shall include, but not be limited to, tracks, spurs, switches,
terminal, terminal facilities, roadbeds, rights-of-way, bridges, stations,
railroad cars, locomotives, or other 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 58-6-30, when it shall appear that
the acquisition, by purchase, construction, condemnation, or donation,
and operation of additional connecting, switching, terminal, or other
railroads are desirable in the public interest to promote and foster
economic growth and development, the commission may, with the
approval of the State Budget and Control Board, extend its operations,
provided, that if such extension includes extension of mainline trackage,
the common carrier railroads operating in the State shall have declined
to agree to provide such facilities within six months after having been
requested to do so by the commission and the Budget and Control Board
and provided the financing for such extensions is approved by the
Budget and Control Board pursuant to the provisions of this chapter.
Section 57-6-60. All bonds issued by the commission under authority
of this chapter shall be limited obligations of the commission, the
principal of and interest on which shall be payable solely out of the
revenues derived from the operation of the railroads authorized by this
chapter which the bonds are issued to finance. Bonds and interest
coupons issued under authority of this chapter shall not constitute an
indebtedness of the commission, the State of South Carolina, or any
political subdivision thereof, within the meaning of any state
constitutional provision or statutory limitation and shall not constitute
nor give rise to a pecuniary liability of the same or a charge against the
general credit of the commission or against the full faith, credit, or
taxing power of the State of South Carolina, or a political subdivision
thereof, and such fact shall be plainly stated on the face of each bond.
Such bonds may be executed and delivered at any time as a single issue
or from time to time as several issues, may be in such form and
denominations, may be of such tenor, may be in registered or bearer
form either as to principal or interest or both, may be payable in such
installments and at such time or times not exceeding forty years from
their date, may be subject to such terms of redemption, may be payable
at such place or places, may bear interest at such rate or rates payable at
such place or places and evidenced in such manner, and may contain
such provisions not inconsistent herewith, all of which shall be provided
in the proceedings of the commission authorizing the bonds. Any bonds
issued under the authority of this chapter may be sold at a public or
private sale at such price and in such manner and from time to time as
may be determined by the commission to be most advantageous, and the
commission may pay, as a part of the cost of acquiring any railroad and
necessary equipment, and out of the bond proceeds, all expenses,
premiums, and commissions which the commission may deem necessary
or advantageous in connection with the authorization, sale, and issuance
thereof. All bonds issued under the authority of this chapter, except
registered bonds, registered otherwise than to the bearer and all interest
coupons appurtenant thereto shall be construed to be negotiable
instruments, despite the fact that they are payable solely from a specified
source. The proceedings authorizing the issuance of bonds may provide
for the issuance, in the future, of further bonds on a parity with those
initially issued, but such proceedings shall preclude the issuance of
bonds or any obligations of any sort secured by a lien prior to the lien of
the bonds or bonds afterwards issued on a parity with the bonds.
Pending the issuance of bonds, bond anticipation notes may be issued,
and to the end that a vehicle be provided therefor, the provisions of
Sections 11-17-10 through 11-17-110, as now or hereafter amended,
shall be applicable to such bond anticipatory borrowing.
Section 57-6-70. The principal of and interest on any bonds issued
under the authority of this chapter shall be secured by a pledge of the
revenues from which such bonds shall be payable, and may be secured
by a trust indenture covering all or any part of the railroad and necessary
equipment from which the revenues so pledged are derived. The
proceedings under which such bonds are authorized to be issued or any
such trust indenture may contain any agreements and provisions
customarily contained in instruments securing bonds, including, without
limiting the generality of the foregoing, provisions respecting the fixing
and collection of revenues for any railroad covered by such proceedings
or trust indenture, the maintenance and insurance of the railroad and
necessary equipment, the creation and maintenance of special funds
from the revenues of the railroad, and the rights and remedies available
in the event of default to the bondholders or to the trustee under trust
indenture, all as the commission shall deem advisable and as shall not
be in conflict with the provisions of this chapter; provided, however, that
in making any such agreements or provisions the commission shall not
have the power to obligate itself except with respect to the railroad and
necessary equipment and the application of the revenues therefrom, and
shall not have the power to incur a pecuniary liability or a charge upon
its general credit or against the full faith, credit, or taxing power of the
State of South Carolina or any political subdivision thereof. The
proceedings authorizing any bonds hereunder and any trust indenture
securing such bonds may provide that, in the event of default in payment
of the principal of or the interest on such bonds or in the performance of
any agreement contained in such proceedings or trust indenture, such
payment and performance may be enforced by mandamus or by the
appointment of a receiver in equity with power to charge and collect
revenues and to apply the revenues from the railroad in accordance with
such proceedings or the provisions of such trust indenture. Any such
trust indenture may provide also that in the event of default in payment
or the violation of any agreement contained in the trust indenture, it may
be foreclosed by proceedings at law or in equity, and may provide that
any trustee under the trust indenture or the holder of any of the bonds
secured thereby may become the purchaser at any foreclosure sale, if he
is the highest bidder. No breach of any such agreement shall impose any
pecuniary liability upon the commission or any charge upon its general
credit or against the full faith, credit, or taxing power of the State of
South Carolina, or any political subdivision thereof.
The trustee or trustees under any trust indenture, or any depository
specified by such trust indenture, may be such persons or corporations
as the commission shall designate, notwithstanding that they may be
nonresidents of South Carolina or incorporated under the laws of the
United States or the laws of other states of the United States.
Section 57-6-80. Contracts for the construction of any railroad, or the
purchase of any necessary equipment, may be let on such terms and
under such conditions as the commission shall prescribe and may be let
with or without advertisement or call for bids therefor.
Provided, however, that after the acquisition by construction of the
railroad has been completed and the railroad has been placed into service
the provisions of Section 1-1-440 shall apply.
Section 57-6-90. Prior to undertaking the acquisition of any railroad
and necessary equipment, the commission shall find: that the acquisition
of the railroad and necessary equipment is desirable in the public interest
to promote and foster economic growth and development; that the
common carrier railroads operating in the State shall have declined to
agree to provide such railroad and necessary equipment within six
months after having been requested to do so by the commission and the
Budget and Control Board; that the acquisition of the railroad and
necessary equipment will give rise to no pecuniary liability of the
commission or a charge against its general credit or a charge against the
full faith, credit, or taxing power of the State of South Carolina or any
political subdivision thereof; the amount of bonds required to finance the
acquisition of the railroad and necessary equipment; the amount
necessary in each year to pay the principal and interest on the bonds
proposed to be issued to finance the acquisition of the railroad and
necessary equipment; the amount necessary to be paid each year into any
reserve funds which the commission may deem it advisable to establish
in connection with the retirement of the proposed bonds and the
operation and maintenance of the railroad and necessary equipment; and
the estimated cost of maintaining the railroad and necessary equipment
in good repair and keeping them properly 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 12. Sections 55-5-50 and 55-5-60 of the 1976 Code are
amended to read:
"Section 55-5-50. The Commission secretary
shall employ a director of aeronautics who shall serve at the pleasure
of the secretary 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 13. (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 Executive Director appears in the Acts and
Joint Resolutions of the General Assembly or the 1976 Code of Laws of
South Carolina, it shall mean Secretary of Transportation. The Code
Commissioner is directed to change all such references at such time and
in such manner as may be timely and cost effective.
(C) 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.
(D) 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 Highway Bond Fund. The Code Commissioner is directed to
change all such references at such time and in such manner as may be
timely and cost effective.
SECTION 14. 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 15. (A) Any present member of the South Carolina
Department of Highways and Public Transportation Commission, the
South Carolina Aeronautics Commission, and the Public Railways
Commission shall continue to serve in an advisory capacity until the
expiration of their term of office or June 30, 1994, whichever date is
earlier.
(B) The Executive Director and/or Director of the South Carolina
Department of Highways and Public Transportation Commission, the
South Carolina Aeronautics Commission, and the Public Railways
Commission shall continue to serve until the Secretary of Transportation
is appointed and qualified.
SECTION 16. Article 3, Chapter 3 of Title 57, Chapter 19 of Title 58,
and Sections 55-5-30, 55-5-40, 12-27-1260, 12-27-1280, 12-27-1300 of
the 1976 Code are repealed.
SECTION 17. Section 2 of Act 383 of 1986 is repealed.
SECTION 18. This act takes effect upon approval by the Governor.
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