S 494 Session 109 (1991-1992)
S 0494 General Bill, By I.E. Lourie, H.U. Fielding, R.L. Helmly, Leventis,
J.M. Long, A.S. Macaulay, McConnell, T.W. Mitchell, Passailaigue, M.T. Rose,
Russell, J.V. Smith, Thomas and Washington
A Bill to amend Articles 1, 3, and 5, Chapter 3, Title 57, Code of Laws of
South Carolina, 1976, relating to the establishment of the South Carolina
Department of Highways and Public Transportation, the designation of highway
districts, the election of highway commissioners, and the appointment of
Department personnel so as to provide for the reorganization of the Department
by providing for definitions to be used in Chapter 3, by changing the name of
the South Carolina Department of Highways and Public Transportation to the
Department of Transportation, by providing for the creation of certain
divisions within the Department and the appointment of division managers, by
providing for the election of highway commissioners by the General Assembly at
large and their terms of office, by providing for the creation of seven
highway districts, and by providing for the appointment of other Department
personnel; to amend Article 1, Chapter 11, Title 57, relating to finances of
the Department so as to provide that the Department must process all vouchers
for the payment of goods, services, and personnel services through the
Comptroller General's office; to provide for new terms of office for
commissioners elected for terms beginning in 1992; to amend Section
11-35-45(B), relating to the Department's lump sum status by eliminating the
Department's lump sum status; to provide that the Code Commissioner change
certain references in the 1976 Code; to repeal Section 124.20, Part I, Act 612
of 1990 relating to budget transfers; and to provide for the creation of an
ombudsman within the Department.
01/16/91 Senate Introduced and read first time
01/16/91 Senate Referred to Committee on Transportation
02/14/91 Senate Committee report: Favorable Transportation SJ-16
02/19/91 Senate Retaining place on calendar recommitted to
Committee on Transportation SJ-15
03/06/91 Senate Committee report: Majority favorable with amend.,
minority unfavorable Transportation SJ-11
03/19/91 Senate Debate interrupted SJ-22
03/20/91 Senate Debate interrupted SJ-15
03/21/91 Senate Debate adjourned SJ-33
04/02/91 Senate Amended SJ-25
04/02/91 Senate Debate interrupted SJ-61
04/04/91 Senate Carried over in int. deb. until 4/16 SJ-34
04/17/91 Senate Debate interrupted SJ-29
04/18/91 Senate Debate interrupted SJ-24
04/23/91 Senate Debate interrupted SJ-252
05/01/91 Senate Debate interrupted SJ-77
05/07/91 Senate Debate interrupted SJ-33
05/08/91 Senate Debate interrupted SJ-16
05/09/91 Senate Debate interrupted SJ-20
05/15/91 Senate Read second time SJ-24
05/15/91 Senate Ordered to third reading with notice of
amendments SJ-24
05/15/91 Senate Continued SJ-24
01/28/92 Senate Debate adjourned SJ-25
02/11/92 Senate Debate adjourned SJ-13
02/12/92 Senate Amended SJ-14
02/12/92 Senate Debate adjourned SJ-85
02/13/92 Senate Debate adjourned SJ-20
02/18/92 Senate Time certain to vote 12:00 Thursday, Feb.20,
1992 SJ-18
02/18/92 Senate Debate adjourned SJ-21
02/19/92 Senate Amended SJ-20
02/19/92 Senate Debate adjourned SJ-23
02/20/92 Senate Amended SJ-30
02/20/92 Senate Read third time and sent to House SJ-43
02/25/92 House Introduced and read first time HJ-11
02/25/92 House Referred to Committee on Education and Public
Works HJ-12
04/22/92 House Recalled from Committee on Education and Public
Works HJ-59
04/29/92 House Recommitted to Committee on Education and Public
Works HJ-332
05/07/92 House Committee report: Favorable with amendment
Education and Public Works HJ-72
05/20/92 House Objection by Rep. Barber, J. Bailey, Felder,
Kempe, Keyserling, Clyborne, HJ-104
05/20/92 House Objection by Rep. Baker, Whipper, Mattos, Beatty,
Fulmer, Harrelson, HJ-104
05/20/92 House Objection by Rep. Delleney, Boan, Harvin,
Cobb-Hunter & Hodges HJ-104
05/21/92 House Objection withdrawn by Rep. Barber, J. Bailey,
Fulmer, Baker & Clyborne HJ-53
06/02/92 House Objection withdrawn by Rep. Mattos, Hodges,
Kempe, Beatty, Keyserling & Delleney HJ-52
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 7, 1992
S. 494
Introduced by SENATORS Lourie, Leventis, McConnell, J. Verne
Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas,
Russell, Rose, O'Dell, Mitchell and Washington
S. Printed 5/7/92--H.
Read the first time February 25, 1992.
THE COMMITTEE ON EDUCATION AND PUBLIC
WORKS
To whom was referred a Bill (S. 494), to amend Articles 1, 3, and 5,
Chapter 3, Title 57, Code of Laws of South Carolina, 1976, relating to
the establishment of the South Carolina Department of Highways and
Public Transportation, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
/SECTION 1. Article 3, Chapter 3, Title 57 of the 1976 Code is
amended to read:
"Article 3
State Highway and
Public Transportation Commission
Section 57-3-210. The several judicial circuits
congressional districts of the State are for the purposes of
this Title hereby constituted and created highway districts of the
State, designated by numbers corresponding to the numbers of the
respective judicial circuits congressional districts in
existence on January 1, 1991. For each of such highway
districts district there shall must be chosen
in the manner and for the terms of office herein provided
a in this article two highway commissioner
commissioners to be known as a district highway
commissioner commissioners. A county that is
divided between two or more congressional districts, for purposes of
appointment of district highway commissioners, is considered to be in
the district that has the most of that respective county's population.
Two commissioners One commissioner, upon the
advice and consent of the Senate, shall must be
appointed by the Governor from the State at large, whose terms
term shall be is coterminous with that of the
Governor appointing. The commissioner appointed by the Governor
serves as chairman of the commission. The several
commissioners so chosen shall constitute as a
body the State Highway and Public Transportation Commission.
Section 57-3-220. Upon the expiration of the terms of office of
the present district highway commissioners (the terms of the
commissioners for the second, ninth, tenth, twelfth and fourteenth
districts expiring April 15, 1962, those for the third, eighth, eleventh and
thirteenth districts April 15, 1963 and those for the first, fourth, fifth,
sixth and seventh districts April 15, 1964), the district highway
commissioners shall be chosen as provided herein for a term of office of
four years, which shall expire on April fifteenth of the appropriate year.
The legislative delegations representing the counties of each highway
district herein created shall meet upon written call of a majority of the
members of the delegations of each highway district at a time and place
to be designated in such call for the purpose of electing a highway
commissioner to represent such highway district. A majority present,
either in person or by written proxy, of the members of the county
legislative delegations from a given highway district shall constitute a
quorum for the purpose of electing a district highway commissioner, but
no person shall be declared elected district highway commissioner who
shall fail to receive a majority vote of all the members of the county
legislative delegations from the highway district. The joint county
legislative delegations of each highway district shall be organized by the
election of a chairman and a secretary, and such joint legislative
delegations shall, subject to the provisions of Section 57-3-240, adopt
such rules as they deem proper to govern the election. Any absentee may
vote by written proxy. When the election is completed, the chairman and
secretary of the joint county legislative delegations of each highway
district shall immediately transmit the name of the person elected to the
Secretary of State, who shall forthwith issue to such person, after he has
taken the usual oath of office, a certificate of election as district highway
commissioner. The Governor shall thereupon forthwith issue a
commission to such person, and pending such issuance the
aforementioned certificate of election shall be a sufficient warrant to
such person to perform all of the duties and functions of his office as
commissioner. Each district highway commissioner shall serve until his
successor shall have been elected and qualified. Beginning
April 15, 1993, district commissioners must be elected by the legislative
delegation of each congressional district for a term of office of four
years, which expires on April fifteenth of the appropriate year. The
terms of the initial members of the commission elected by the legislative
delegations pursuant are as follows:
(1) commissioners elected to represent Seat A in each
congressional district: two years;
(2) commissioners elected to represent Seat B of each
congressional district: four years.
Candidates must declare for Seat A or Seat B in each district. No
county within a highway district shall have a resident commissioner for
more than one consecutive term and in no event shall any two
commissioners from the same county serve simultaneously. The
legislative delegations representing the counties of each district shall
meet upon written call of a majority of the members of the delegations
of each district at a time and place to be designated in the call for the
purpose of electing a commissioner to represent the district. A majority
present, either in person or by written proxy, of the legislative delegation
from a given district constitute a quorum for the purpose of electing a
district commissioner. No person may be elected district commissioner
who fails to receive a majority vote of the members of the legislative
delegation.
The legislative delegation must be organized by the election of a
chairman and a secretary, and the legislative delegations of each district
shall adopt such rules as they consider proper to govern the election.
Any absentee may vote by written proxy. When the election is
completed, the chairman and the secretary of the legislative delegation
shall immediately transmit the name of the person elected to the
Secretary of State who shall issue to the person, after he has taken the
usual oath of office, a certificate of election as district commissioner.
The Governor shall thereupon issue a commission to the person, and
pending the issuance of the commission the certificate of election is
sufficient warrant to the person to perform all of the duties and functions
of his office as commissioner. Each commissioner shall serve until his
successor is elected and qualified.
Section 57-3-225. A qualified elector of the district may be
elected to represent that district on the commission. Failure by a
commissioner to maintain his residency in the district for which he is
elected results in the forfeiture of his office. Section 57-3-230. Any A vacancy as district highway commissioner
occurring by death, resignation, or removal shall
must be filled by election in the manner provided in Section
57-3-220 for the unexpired term only. Any A vacancy
as district highway commissioner occurring or approaching on account
of the expiration of the term of office may be filled by election as
provided in this section at any time within sixty days prior to
before the expiration of such the term of office
or afterwards.
Section 57-3-240. Representation of a given highway district on
the commission shall be rotated among the counties of the district,
except by unanimous consent of all members of the county legislative
delegations from the district. No district highway commissioner elected
under the provisions of this article shall succeed himself in office except
by unanimous consent of the members of the county legislative
delegations from the district. The legislative delegation of any county
entitled to a district highway commissioner under the provisions of this
section shall nominate at least three suitable persons for the office, one
of whom shall be elected district highway commissioner by a majority
vote of all of the members of the county legislative delegations
representing the district.
Section 57-3-250. Each district highway commissioner shall
receive such compensation as may be provided by the General Assembly
per annum, and must be reimbursed for official expenses
as provided by law for members of state boards and commissions as
established in the annual appropriations act.
Section 57-3-260. The State Highway and Public Transportation
Commission chairman shall select its chairman and
other officers a vice-chairman and first vice-chairman to
serve for such terms as the Commission may designate
two-year terms. The commission shall adopt its own rules and
procedures. The Secretary-Treasurer Director of Finance and
Administration of the South Carolina department of
Highways and Public Transportation shall act acts as
secretary of the commission.
Section 57-3-270. The commission may adopt an official seal for use
on official documents of the department."
SECTION 2. Any present member of the South Carolina
Department of Highways and Public Transportation Commission or
members of the commission elected before the effective date of this act
continue to serve until April 15, 1994.
SECTION 3. Article 1, Chapter 11, Title 57 of the 1976 Code is
amended to read:
"Article 1
General Provisions
Section 57-11-10. As used in this article:
(1) The expression `Accident claims,'
as used in this article, means all claims against the South
Carolina Department of Highways and Public Transportation
department as provided for by law, except contractual
claims.;
(2) The expression `Gasoline tax,' as
used in this article, includes taxes for the privilege of selling,
consigning, using, shipping, or distributing gasoline or any
substitute therefor substitutes or combination
thereof of them, usable in internal combustion engines
for the generation of power.
Section 57-11-20. All revenues and income expendable by the
Department may be consolidated into one fund to be known as the
"State Highway Fund," and, except as to moneys utilized by
the State Treasurer for the payment of principal or interest on State
highway bonds as authorized by Section 57-11-250, shall be paid out
upon the authority of the Commission, on warrants of the Department
approved by the Executive Director of the Department of Highways and
Public Transportation or such bonded officers or employees as may be
designated by the Executive Director of the Department of Highways
and Public Transportation, and in the manner, and only for the several
purposes, provided by law in respect to such funds. (A) All revenues and monies dedicated by statute to the operation of the
department must be deposited into one fund to be known as the `State
Highway Trust Fund'. These funds must be held and managed by the
State Treasurer separate and distinct from the general fund, except
monies utilized by the State Treasurer for the payment of principal or
interest on state highway bonds as provided by law.
(B) Beginning July 1, 1993, the department must process all
payment for goods and services, including but not limited to
right-of-way acquisitions, through the Comptroller General's Office.
(C) Beginning January 1, 1994, the department shall process the
payment for all personnel services through the Comptroller General's
Office.
(D) For all capital improvement and permanent improvement
projects beginning on or after July 1, 1994, the department shall enter
detailed project numbers on all transactions submitted to the Comptroller
General.
(E) The Comptroller General may continue to make all deductions
from the compensation of employees that are authorized by the
department on the effective date of this act.
Section 57-11-30. The department may set aside and deposit in its
name a revolving fund, and all payments from such the
fund shall must be restored to the fund by vouchers
drawn on the Comptroller General against the Highways and Public
Transportation State Highway Trust Fund.
Section 57-11-40. Not more than sixty days prior to
before the beginning of each fiscal year
1992-93, the department shall make an estimate of the revenues
to be received by the department during such the fiscal
year, and after deducting therefrom from the revenues
the amounts required by the State Treasurer for the payment of the
principal and interest on state highway bonds due or falling due in
such the year, it shall estimate the amounts required for
the payment of the expenses of the department for such
the fiscal year, including all expenses for administration,
operation, collection of revenues, payment of accident claims,
and law enforcement. Beginning with fiscal year 1993-94, the
department must furnish the information required by this section to the
Budget and Control Board pursuant to Section 11-11-30.
Section 57-11-50. From the remainder of such the
revenues and receipts of such each fiscal year as
estimated pursuant to Section 57-11-40, after paying the sum
appropriated by said the section, there is hereby
must be appropriated a sum sufficient to maintain the highways
of the state highway system for such that year in a
sound and serviceable condition. Any surplus of such estimated
revenues and receipts for the fiscal year, including available balances
brought forward from previous years, is hereby appropriated for
the construction, reconstruction, and maintenance of state
highways and for the payment of other expenses of the department.
Section 57-11-60. The department, through June 30, 1993,
may issue duplicate checks, drafts, warrants, or vouchers upon
receipt of a competent indemnity bond executed by the payee and
guaranteed by a responsible person, and the department may also
may execute indemnity bonds when, necessary
to secure the issuance of duplicate checks payable to the department,
when the originals of which have been lost.
Section 57-11-70. The Beginning with the fiscal year
which ends June 30, 1993, the books and accounts of the
department shall must be audited at least once a year by
a certified public accountant or firm of certified public accountants,
to be designated by the Governor, and a report of the audit
shall must be made annually by October
fifteenth to the General Assembly. Certified public accountants
or firms shall submit proposals to the Governor's Office. The accountant
or firm must be selected from a list of the three lowest proposals
submitted to the Governor. The costs and expenses of such
the annual audit shall must be paid by the
department out of its funds.
Section 57-11-80. The General Assembly hereby approves,
ratifies, confirms and validates all outstanding indebtedness incurred for
highway purposes prior to June 13, 1951, including:
(1) All State highway certificates of indebtedness;
(2) All State highway bonds; and districts and bridge districts;
And directs the payment thereof, according to their tenor and
obligation, except that, in the case of reimbursement agreements
securing outstanding bonds or other obligations, the South Carolina
Department of Highways and Public Transportation may, in its
discretion, make payments due on account of such agreements directly
to the paying agent of the outstanding bonds or other such outstanding
obligations. The department shall adopt a budget in accordance
with Chapters 9 and 11 of Title 11 and specific provisions of Sections
57-11-40 and 57-11-50. Beginning July 1, 1993, the department is not
considered a lump sum agency.
Section 57-11-90. (1) The State Treasurer is
authorized to establish with any bank having a suitable trust department
an irrevocable trust for the payment of the principal and interest of all
State highway bonds to be outstanding on July 1, 1968, and to deposit
in the trust fund a sum equal to the aggregate of the principal and
interest requirements of the bonds. The trust may provide that it may be
invested and reinvested in obligations of the United States or any agency
thereof, but with maturities consonant with the need for funds, and any
income thereof not required for the payment of the principal and interest
of the bonds shall be remitted to the State Highway Department annually
and shall become a part of its general highway fund. The trust
instrument shall impose upon the trustee thereof the duty to make the
sums required for the payment of principal and interest available to the
paying agent of the outstanding bonds not later than five days preceding
the several principal and interest payment dates. The State Treasurer
shall be empowered to execute any and all documents necessary to
implement the authorization granted by this section.
(2) When the trust authorized by subsection (1) of this section
shall become effective, all remaining funds in the sinking fund
established by Section 33-265 of the Code of Laws of South Carolina,
1962, shall upon request of the State Highway Department be paid to
and become a part of the general highway fund of the State Highway
Department.
(3) Section 33-265 of the Code of Laws of South Carolina, 1962,
shall not apply to any State highway bonds and certificates of
indebtedness issued subsequent to July 1, 1968."
SECTION 4. Section 11-35-45(B) of the 1976 Code is amended
to read:
"(B) All agencies and institutions of the State are required to
comply with the provisions of this section. Beginning July 1, 1983, the
Department of Mental Health, the Department of Mental Retardation,
the Department of Corrections, the Interagency Council on Public
Transportation, and the Sea Grants Consortium shall process all
payments for goods or services through the Comptroller's
Comptroller General's Office. Only the lump sum institutions
of higher education and through June 30, 1993, the Department
of Highways and Public Transportation shall be are
responsible for the payment of all goods or services within thirty work
days after the receipt of the goods or services, whichever is received
later, and shall pay an amount not to exceed fifteen percent per
annum on any unpaid balance which exceeds the thirty work day
period work-day-period."
SECTION 5. Section 57-3-450 of the 1976 Code is amended to
read:
"Section 57-3-450. There shall must be a
Secretary-Treasurer Director of Finance and
Administration of the department. The Secretary-Treasurer
who shall must be the fiscal and
administrative officer of the department,.
The Director of Finance and Administration who shall,
in addition to his the duties as fiscal and
administrative officer, must record the proceedings of the
commission. The Secretary-Treasurer shall Director of
Finance and Administration must be appointed by the
Commission to serve in office at the pleasure of the Commission
executive director of the department. His compensation
shall be fixed by the Commission. The Director of Finance and
Administration may receive compensation established under the
provisions of Section 8-11-160 and for which funds have been
authorized in the general appropriations act."
SECTION 6. Section 57-3-460 of the 1976 Code is amended to
read:
"Section 57-3-460. The Secretary-Treasurer shall
Director of Finance and Administration, before entering upon
the duties of his office, shall give bond to the State in the sum
of fifty thousand dollars for the faithful performance of his
the required duties. He shall take and return the oath of
office as prescribed for all State officers."
SECTION 7. Section 57-3-470 of the 1976 Code is amended to
read:
"Section 57-3-470. There shall must be a
State Highway Engineer. The State Highway Engineer shall be
is the administrative head of the engineering division and, as
such, shall direct directs the highway engineering work
of the department and the activities of said the
engineering division. The State Highway Engineer shall be
appointed by the Commission to serve in office at the pleasure of the
Commission must be appointed by the executive director of the
department. The State Highway Engineer may receive
compensation established under the provisions of Section 8-11-160 and
for which funds have been authorized in the general appropriations
act. His compensation shall be fixed by the Commission.
A person appointed to the position of State Highway Engineer
shall must be a competent professional
engineer registered in this State, skilled and experienced in
highway planning, design, construction, and maintenance,
and shall be an engineering graduate of a college or university with an
accredited course in engineering. The selection of the engineer may
be based upon a civil service examination, under rules and regulations
to be made and promulgated by the Commission
department. The Engineer shall take and return the oath of
office as prescribed for all State officers."
SECTION 8. Section 57-3-760 of the 1976 Code is amended to
read:
"Section 57-3-760. The department shall, 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; and
(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 thereon which includes, the administration and
enforcement of traffic, driver, and motor vehicle laws and other
laws relating to such these subjects, the coordination of
state and federal programs relating to public mass
transportation among the departments, agencies, and other
bodies politic and legally constituted agencies thereof of
them in the State,;
(4) a listing of all firms, companies, or businesses of any type
whose contract with the department exceeds thirty thousand dollars;
(5) 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 9. The Department of Highways and Public
Transportation shall pay into the general fund of the State a sum, as
established by the annual general appropriations act, which must be its
proportionate share under the Statewide Cost Allocation Plan to the
Office of the Comptroller General for the administration of services.
SECTION 10. Upon the effective date of this act, the State
Highways and Public Transportation Commission must review all
pending construction projects under the Strategic Highway Plan for
Improving Safety and Mobility Program. From this review, the
commission shall prepare a written report that details all projects,
including the approximate location of the project and the estimated cost
of completing the projects. The commission, whenever possible, shall
continue all projects which have been previously approved pursuant to
the Strategic Highway Plan for Improving Safety and Mobility. All
unobligated Strategic Highway Plan for Improving Safety and Mobility
funds not approved by the commission for the continuation of
construction projects must be transferred to a special account within the
State Highway Trust Fund which must be designated and used only for
highway construction purposes including the matching of federal funds.
SECTION 11. Section 12-27-1270 of the 1976 Code, as last
amended by Part II, Section 4A, Act 171 of 1991, is further amended to
read:
"Section 12-27-1270. The first ten million dollars
Funds generated from the tax levied in Sections 12-27-1210,
12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in
transferred into a separate account for economic development
as provided in this section. This account may be expended only
upon the authorization of the South Carolina Coordinating Council for
Economic Development which shall establish project priorities. Funds
devoted to the economic development account must remain in the
account if not expended in the previous fiscal year. Annually, funds
from the tax levied in Section 12-27-1210 must be deposited to
replenish the account to the extent and in an amount necessary to
maintain an uncommitted and/or an unobligated fund balance of
ten fifteen million dollars but not to exceed ten
million dollars for the ensuing fiscal year. No more than fifteen
million dollars may be allocated to the economic development account
during the fiscal year.
The council may spend no more than two hundred fifty thousand
dollars, in the first year only, for a long-term economic development
plan which must be submitted to the General Assembly on completion
of the plan. The council may spend not more than sixty thousand
dollars annually for a state infrastructure model."
SECTION 12. Section 12-27-1210 of the 1976 Code is amended
to read:
"Section 12-27-1210. In addition to the tax levied by Sections
12-27-230 and 12-27-240, every oil company subject to the tax
imposed by those sections shall pay to the State an additional tax in an
amount equal to two three cents a gallon on all gasoline,
combinations of gasolines, or substitutes for gasoline, sold or consigned,
used, shipped, or distributed for the purpose of sale within this State.
Effective January 1, 1989, the additional tax imposed by this section
is increased by one cent a gallon to a total of three cents a gallon.
The proceeds of the additional tax levied by this section must be used
to fund the provisions of the Strategic Highway Plan for Improving
Mobility and Safety as administered by the Department of Highways and
Public Transportation deposited into a special account within
the State Highway Trust Fund which must be designated and used only
for highway construction purposes including the matching of federal
highway funds. All provisions of this chapter apply with equal force
and effect to the additional tax on gasoline levied by this section."
SECTION 13. Section 12-27-1220 of the 1976 Code is amended
to read:
"Section 12-27-1220. In addition to the tax imposed by
Sections 12-27-510 and 12-27-520, every person, firm, corporation,
municipality, or county subject to tax imposed by those sections, or any
subdivision of a municipality or county, shall pay an additional tax of
two three cents a gallon for every gallon of gasoline or
other like product of petroleum under whatever name designated on
which a tax is imposed by Section 12-27-510. Effective January 1,
1989, the additional tax imposed by this section is increased by one cent
a gallon to a total of three cents a gallon. The proceeds of the
additional tax levied by this section must be used to fund the
provisions of the Strategic Highway Plan for Improving Mobility and
Safety deposited into a special account within the State
Highway Trust Fund which must be designated and used only for
highway construction purposes including the matching of federal
highway funds. All the provisions of this chapter apply with equal
force and effect to the additional tax on gasoline levied by this
section."
SECTION 14. Section 12-27-1230 of the 1976 Code is amended
to read:
"Section 12-27-1230. In addition to the tax levied by Section
12-29-310, a tax of two three cents a gallon is imposed
upon all fuel sold or delivered by any supplier to any person not licensed
as a supplier under the provisions of Chapter 29 of this title.
Effective January 1, 1989, the additional tax imposed by this section
is increased by one cent a gallon to a total of three cents a gallon.
The proceeds of the tax levied by this section must be used to fund
the Strategic Highway Plan for Improving Mobility and Safety Program
as administered by the department deposited into a special
account within the State Highway Trust Fund which must be
designated and used only for highway construction purposes including
the matching of federal highway funds. All the provisions of
Chapter 29 of this title apply with equal force and effect to the additional
tax levied by this section."
SECTION 15. Section 12-27-1240 of the 1976 Code is amended
to read:
"Section 12-27-1240. In addition to the road tax levied by
Section 12-31-410, an additional road tax equivalent to two
three cents a gallon is imposed upon the amount of gasoline or
other motor fuel used by every motor carrier in its operations within this
State. Effective January 1, 1989, the additional tax imposed by this
section is increased by one cent a gallon to a total of three cents a
gallon. The proceeds of this tax must be used to fund the
Strategic Highway Plan for Improving Mobility and Safety Program as
administered by the department deposited into a special account
within the State Highway Trust Fund which must be designated and used
for highway construction purposes including the matching of federal
highway funds. All the provisions of Chapter 31 of this title apply
with equal force and effect to the additional tax on gasoline levied by
this section."
SECTION 16. Section 12-27-1250 of the 1976 Code is amended
to read:
"Section 12-27-1250. In addition to the credit provided for in
Section 12-31-450, every motor carrier subject to the tax imposed by
Section 12-27-1240 is entitled to a credit on the tax equivalent to
two three cents a gallon on all gasoline or other motor
fuel purchased by the carrier within this State for use in operations either
within or without this State and upon which gasoline or other motor fuel
the tax imposed by the laws of this State has been paid by such
the carrier. Effective January 1, 1989, the additional credit
authorized by this section is increased by one cent to a total of three
cents a gallon. This refund may be made only if the carrier has fully
complied with all regulations of the commission and the provisions of
Chapter 31 of this title."
SECTION 17. Section 12-27-1290 of the 1976 Code is amended
to read:
"Section 12-27-1290. The department must review projects
on the priority list, as provided in Section 12-27-1280, for the
possibility of constructing toll roads to defray the cost of these projects
pursuant to the authority granted the department in Section 57-5-1330.
No project may be funded by means of imposing a toll on the users of
the project unless in conjunction with federal funds authorized for use
on toll roads it is determined to be substantially feasible by the
department. The funds derived from tolls must be returned to the
Strategic Highway Plan for Improving Mobility and Safety Fund
State Highway Trust Fund until the fund is reimbursed. Upon
reimbursement, all toll charges shall cease."
SECTION 18. Section 12-27-1300 of the 1976 Code is amended
to read:
"Section 12-27-1300. There is created a Select Oversight
Committee to monitor funds generated from the tax levied under the
provisions of Sections 12-27-1210 through 12-27-1240 and oversee the
establishment of priorities for the implementation of the Strategic
Highway Plan for Improving Mobility and Safety Program
department's use of funds to insure that the funds generated are
utilized for highway construction projects and the matching of federal
funds. This committee consists of the following persons:
(1) the Governor's designee;
(2) the chairman of the Education and Public Works Committee of
the House of Representatives;
(3) the chairman of the Transportation Committee of the Senate;
(4) the chairman of the Economic Coordinating Council and one
member of the Economic Coordinating Council designated by the
Chairman of said the council;
(5) one member appointed by the Governor at large from a rural
county;
(6) the chairman of the State Highways and Public Transportation
Commission, the Executive Director of the Department of Highways and
Public Transportation, and one other employee of that department as
designated by its Executive Director.
The chairman of the Select Oversight Committee shall
must be elected from the membership of the committee.
The committee shall meet not less than once a quarter and shall
submit annually a report to the General Assembly on all funds monitored
and priorities established under the provisions of this section
prior to before March fourth.
Staff support shall come from existing staff assigned by the Speaker
of the House and the President Pro Tempore of the Senate."
SECTION 19. Whenever the Code of Laws of South Carolina
refers to monies used to fund the Strategic Highway Plan for Improving
Mobility and Safety Program or Strategic Highway Plan for Improving
Mobility and Safety, it shall mean a special account within the state
highway trust fund which must be designated and used only for highway
construction purposes including the matching of federal highway funds.
The Code Commissioner is directed, when appropriate, to change all
references at a time and in a manner as may be timely and cost effective.
This section does not apply to funds obligated for pending construction
projects under the Strategic Highway Plan for Improving Mobility and
Safety Program or Strategic Highway Plan for Improving Mobility and
Safety.
SECTION 20. The 1976 Code is amended by adding:
"Section 57-5-1145. (A) The department must construct at its
expense a driveway within the right-of-way of private residential
entrances to state highways at points necessary to render adequate
ingress and egress to the abutting property at locations where the
driveways will not constitute hazardous conditions. The driveways must
be accessible to existing developed property or property that is being
developed for the personal use of the owner and not for speculative or
resale purposes. An entrance ten feet wide, paved portion, measured at
right angles to the centerline of the driveway is the maximum width for
one-way traffic. An entrance sixteen feet wide, paved portion, is the
maximum width for two-way traffic. If pipe culvert is necessary for
drainage, the department must install the amount necessary for twelve
inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe.
Should the driveway installation require pipe larger than thirty inches,
the department may install the pipe and charge the homeowner for the
difference in cost between thirty inch pipe and larger diameter pipe
required. Driveways requiring drainage structures other than pipe must
be brought to the attention of the State Maintenance Engineer. The
entrances to be constructed must include base and surfacing as necessary
to provide an all weather driveway entrance. If wider entrances or
additional entrances are requested and approved, the construction may
be performed by the department at the owner's expense.
(B) Maintenance within the limits of the right-of-way must be
performed by the department on all entrances required by this section.
(C) The district engineering administrator or his designee shall
determine the necessity for constructing entrances and shall approve and
authorize the work to be done. The standard encroachment permit will
continue to be used for work within the right-of-way and which is
performed by others. In all cases where property owners are required by
provisions of this section to pay for a portion of the work performed by
department maintenance forces, a form must be submitted to the
Columbia office along with the remittance.
(D) A driveway entrance covered under this section is limited to
roads in the state highway system other than controlled access
facilities."
SECTION 21. The 1976 Code is amended by adding:
"Section 2-19-25. A candidate nominated for election to the
State Highways and Public Transportation Commission by a member of
a county legislative delegation pursuant to Section 57-3-220 must be
screened before the election. The reports and findings of the screening
committee must be submitted to the respective legislative delegations
considering the candidates instead of the General Assembly. These
reports and findings, however, must be printed in the journals of both
Houses.
The screening committee must be composed of three members of the
House of Representatives appointed by the Speaker of the House, three
members of the Senate appointed by the President of the Senate, and one
member appointed by the Governor."
SECTION 22. Sections 2-63-10, 12-27-1260, and 12-27-1280 of
the 1976 Code are repealed. Sections 57-11-30, 57-11-60, and 57-11-70
of the 1976 Code, as amended by this act, are repealed on July 1, 1993.
SECTION 23. This act takes effect upon approval by the
Governor./
Amend title to conform.
OLIN R. PHILLIPS, for Committee.
A BILL
TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE
DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF
HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF
DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE
REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR
DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE
NAME OF THE SOUTH CAROLINA DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION TO THE
DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR
THE CREATION OF CERTAIN DIVISIONS WITHIN THE
DEPARTMENT AND THE APPOINTMENT OF DIVISION
MANAGERS, BY PROVIDING FOR THE ELECTION OF
HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT
LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE
CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY
PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT
PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57,
RELATING TO FINANCES OF THE DEPARTMENT SO AS TO
PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL
VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND
PERSONNEL SERVICES THROUGH THE COMPTROLLER
GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE
FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN
1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE
DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE
DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE
CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN
THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612
OF 1990 RELATING TO BUDGET TRANSFERS; AND TO
PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN
THE DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 11, Title 57 of the 1976 Code is
amended to read:
"Article 1
Section 57-11-10. The expression `accident claims,',
as used in this article, means all claims against the South Carolina
Department of Highways and Public Transportation
department as provided for by law, except contractual claims.
The expression `gasoline tax,', as used in this article,
includes taxes for the privilege of selling, consigning, using,
shipping, or distributing gasoline or any substitute therefor or
combination thereof, usable in internal combustion engines for
the generation of power.
Section 57-11-20. All revenues and income expendable by the
Department may be consolidated into one fund to be known as the
"State Highway Fund," and, except as to moneys utilized by
the State Treasurer for the payment of principal or interest on State
highway bonds as authorized by Section 57-11-250, shall be paid out
upon the authority of the Commission, on warrants of the Department
approved by the Executive Director of the Department of Highways and
Public Transportation or such bonded officers or employees as may be
designated by the Executive Director of the Department of Highways
and Public Transportation, and in the manner, and only for the several
purposes, provided by law in respect to such funds. (A) All state revenues and state monies dedicated by statute to the
operation of the department must be deposited into one fund to be
known as the `state highway fund' and all federal revenues and federal
monies must be deposited into the `federal aid highway fund'. These
funds must be held and managed by the State Treasurer separate and
distinct from the general fund, except as to monies utilized by the State
Treasurer for the payment of principal or interest on state highway bonds
as provided by law.
(B) Beginning July 1, 1993, the department must process all
payment for goods and services, including right-of-way acquisitions
through the Comptroller General's Office.
(C) Beginning January 1, 1994, the department shall process the
payment for all personnel services through the Comptroller General's
Office.
(D) For all capital improvement and permanent improvement
projects beginning on or after July 1, 1994, the department shall enter
detailed project numbers on all transactions submitted to the Comptroller
General.
(E) The Comptroller General may continue to make deductions
from the compensation of employees for the payment of premiums for
life, hospital, and other types of insurance plans that are in force on the
effective date of this act.
Section 57-11-30. The Department department may
set aside and deposit in its name a revolving fund, and all payments from
such fund shall be restored to the fund by vouchers drawn on the
Comptroller General against the Highways and Public Transportation
Fund.
Section 57-11-40. Not more than sixty days prior to the beginning of
each fiscal year 1992-93 the Department
department shall make an estimate of the revenues to be
received by the Department department during such
fiscal year, and after deducting therefrom the amounts required by the
State Treasurer for the payment of the principal and interest on
State state highway bonds due or falling due in such
year, it shall estimate the amounts required for the payment of the
expenses of the Department department for such fiscal
year, including all expenses for administration, operation, collection of
revenues, payment of accident claims, and law enforcement.
Section 57-11-50. From the remainder of such revenues and receipts
of such fiscal year 1992-93 as estimated pursuant to
Section 57-11-40, after paying the sum appropriated by said section,
there is hereby appropriated a sum sufficient to maintain the highways
of the State state highway system for such year in a
sound and serviceable condition. Any surplus of such estimated
revenues and receipts for the fiscal year, including available balances
brought forward from previous years, is hereby appropriated for the
construction, reconstruction, and maintenance of State
state highways and for the payment of other expenses of the
Department department.
Section 57-11-60. The Department department, until
June 30, 1993, may issue duplicate checks, drafts, warrants, or
vouchers upon receipt of a competent indemnity bond executed by the
payee and guaranteed by a responsible person, and the
Department department may also execute indemnity
bonds when, necessary to secure the issuance of duplicate
checks payable to the Department department, the
originals of which have been lost.
Section 57-11-70. Beginning with the fiscal year which ends
June 30, 1993, the The books and accounts of the
Department department shall be audited at least once a
year by a certified public accountant or firm of certified public
accountants, to be designated by the Governor, and a report of the audit
shall be made annually by October fifteenth to the General
Assembly. The costs and expenses of such annual audit shall be paid by
the Department department out of its funds.
Section 57-11-80. The General Assembly hereby approves,
ratifies, confirms and validates all outstanding indebtedness incurred for
highway purposes prior to June 13, 1951, including:
(1) All State highway certificates of indebtedness;
(2) All State highway bonds; and districts and bridge districts;
And directs the payment thereof, according to their tenor and
obligation, except that, in the case of reimbursement agreements
securing outstanding bonds or other obligations, the South Carolina
Department of Highways and Public Transportation may, in its
discretion, make payments due on account of such agreements directly
to the paying agent of the outstanding bonds or other such outstanding
obligations. The department shall adopt a budget in accordance
with the provisions of Chapters 9 and 11 of Title 11.
Section 57-11-90. (1) The State Treasurer is
authorized to establish with any bank having a suitable trust department
an irrevocable trust for the payment of the principal and interest of all
State highway bonds to be outstanding on July 1, 1968, and to deposit
in the trust fund a sum equal to the aggregate of the principal and
interest requirements of the bonds. The trust may provide that it may be
invested and reinvested in obligations of the United States or any agency
thereof, but with maturities consonant with the need for funds, and any
income thereof not required for the payment of the principal and interest
of the bonds shall be remitted to the State Highway Department annually
and shall become a part of its general highway fund. The trust
instrument shall impose upon the trustee thereof the duty to make the
sums required for the payment of principal and interest available to the
paying agent of the outstanding bonds not later than five days preceding
the several principal and interest payment dates. The State Treasurer
shall be empowered to execute any and all documents necessary to
implement the authorization granted by this section.
(2) When the trust authorized by subsection (1) of this section
shall become effective, all remaining funds in the sinking fund
established by Section 33-265 of the Code of Laws of South Carolina,
1962, shall upon request of the State Highway Department be paid to
and become a part of the general highway fund of the State Highway
Department.
(3) Section 33-265 of the Code of Laws of South Carolina, 1962,
shall not apply to any State highway bonds and certificates of
indebtedness issued subsequent to July 1, 1968."
SECTION 2. Section 11-35-45(B) of the 1976 Code is amended to
read:
"(B) All agencies and institutions of the State are required to
comply with the provisions of this section. Beginning July 1, 1983, the
Department of Mental Health, the Department of Mental Retardation,
the Department of Corrections, the Interagency Council on Public
Transportation, and the Sea Grants Consortium shall process all
payments for goods and services through the Comptroller's Office. Only
the lump sum institutions of higher education and the Department of
Highways and Public Transportation shall be responsible for the
payment of all goods or services within thirty work days after the receipt
of the goods or services, whichever is received later, and shall
pay an amount not to exceed fifteen percent per annum on any unpaid
balance which exceeds the thirty work day period work-day-period."
SECTION 3. Section 2-63-10 of the 1976 Code is amended to read:
"Section 2-63-10. (1) There is hereby created a six-member
committee to review the annual budget and the intrabudgetary
transfers of funds of the Department of Highways and Public
Transportation. Three members of the committee shall be members of
the Senate Transportation Committee appointed by the chairman of that
committee and three members shall be members of the House Education
and Public Works Committee appointed by the chairman of that
committee. Terms of the members shall be coterminous with their terms
as Senators and members of the House of Representatives.
(2) Based on its review of the budget and intrabudgetary
transfers of funds, the committee provided for in subsection (1) shall
annually report to the General Assembly its recommendations as to
needed legislation relating to such fund transfers. The first report of
the committee shall be furnished to the General Assembly no later than
April 1, 1982. The Highways and Public Transportation
Commission commission shall assist and cooperate with
the committee in the conduct of its budget review and fund
transfer reviews.
(3) The committee may establish dates for the submission of any
information necessary to conduct a review pursuant to this section. Any
review or recommendation made by the committee must be completed
prior to the time established by the Budget and Control Board under
Section 11-11-20 for the department is required to make its annual
budget request to the Budget and Control Board."
SECTION 4. Section 57-3-450 of the 1976 Code is amended to read:
"Section 57-3-450. There shall be a
Secretary-Treasurer Director of Finance and
Administration of the department Department. The
Secretary-Treasurer who shall be the fiscal and
administrative officer of the Department,
department. The Director of Finance and
Administration who shall must, in addition to his
duties as fiscal officer, record the proceedings of the
Commission commission. The Secretary-Treasurer
shall Director of Finance and Administration must be
appointed by the Commission to serve in office at the pleasure of the
Commission and serve at the pleasure of the executive director
of the department. His compensation shall be fixed by the
Commission. He may receive such compensation as may be
established under the provisions of Section 8-11-160 and for which
funds have been authorized in the general appropriation act."
SECTION 5. Section 57-3-470 of the 1976 Code is amended to read:
"Section 57-3-470. There shall be a State Highway
Engineer Director of State Highway Engineering. The
State Highway Engineer shall Director of State Highway
Engineering must be the administrative head of the engineering
division and, as such, shall direct the highway engineering work of the
Department department and the activities of said
engineering division. The Engineer shall be appointed by the
Commission to serve in office at the pleasure of the Commission
Director of State Highway Engineering must be appointed by and
serve at the pleasure of the executive director of the department.
He may receive such compensation as may be established under the
provisions of Section 8-11-160 and for which funds have been
authorized in the general appropriation act. His compensation
shall be fixed by the Commission. A person appointed to the
position of State Highway Engineer shall Director of State
Highway Engineering must be a competent engineer, skilled and
experienced in highway planning, design, construction, and
maintenance, and shall be an engineering graduate of a college or
university with an accredited course in engineering. The selection of the
Engineer Director of State Highway Engineering may
be based upon a civil service examination, under rules and regulations
to be made and promulgated by the Commission
department. The Engineer shall take and return the oath of
office as prescribed for all State officers."
SECTION 6. Section 57-3-760 of the 1976 Code is amended to read:
"Section 57-3-760. The Department
department shall, during each regular session of the General
Assembly, make a full, printed, detailed report to the General Assembly
showing an analysis of:
(a) the department's accomplishments in the
past year; and
(b) a ten-year plan detailing future needs of the
State in the fields of planning, construction, maintenance,
and operation of the state highway system,;
(c) a five-year plan detailing the regulation of
traffic thereon which includes, the administration
and enforcement of traffic, driver, and motor vehicle laws
and other laws relating to such subjects, the coordination of state
and federal programs relating to public transportation
mass transportation among the departments,
agencies, and other bodies politic and legally constituted
agencies thereof in the State,;
(d) a listing of all firms, companies, or businesses of any type
doing business with the department and the amount of such
contracts entered into by the department; and
(e) an accounting aggregated by county of the receipts of
gasoline taxes and motor vehicle license fees, disbursements of the
Department department, and such other data as
may be of interest in connection with the work of the
Department department."
SECTION 7. Sections 57-11-30, 57-11-60, and 57-11-70, as amended
by this act, are repealed on July 1, 1993.
SECTION 8. Sections 57-11-40 and 57-11-50, as amended by this act,
are repealed on July 1, 1992.
SECTION 9. Item (a) of Section 11-35-710 of the 1976 Code is
repealed and the remaining items relettered to conform.
SECTION 10. The Department of Highways and Public Transportation
shall pay into the general fund of the State a sum, as established by the
annual general appropriation act, which shall be its proportionate share
under the Statewide Cost Allocation Plan to the Office of the
Comptroller General for the administration of services.
SECTION 11. 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, whenever possible, shall continue all such
projects which have been previously approved pursuant to the Strategic
Highway Plan for Improving Safety and Mobility. All funds not
approved by the commission for the continuation of construction
projects shall be transferred to the state highway fund 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 12. Section 12-27-1270 of the 1976 Code is amended to read:
"Section 12-27-1270. Notwithstanding any other provision
of law, the The first ten million dollars generated from the
tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and
12-27-1240 must be segregated and deposited into in a
separate account for economic development. This account may be
expended only upon the authorization of the South Carolina
Coordinating Council for Economic Development which shall establish
project priorities. Funds devoted to the economic development account
must remain in the account if not expended in the previous fiscal year.
Annually, funds from the tax levied in Section 12-27-1210 must be
deposited to replenish the account to the extent and in an amount
necessary to maintain an uncommitted and/or an unobligated fund
balance of ten million dollars but not to exceed ten million dollars for
the ensuing fiscal year.
The council may spend no more than two hundred fifty thousand
dollars, in the first year only, for a long-term economic development
plan which must be submitted to the General Assembly on completion
of the plan. The council may spend not more than sixty thousand
dollars annually for a state infrastructure model."
SECTION 13. Title 57 of the 1976 Code is amended by adding a new
chapter to read:
"CHAPTER 2
Section 57-2-10. The congressional districts of this State are
constituted and created highway districts of the State, designated by
numbers corresponding to the numbers of the respective congressional
districts in existence on January 1, 1991. For each district there must be
chosen in the manner and for the terms of office provided in this article
two commissioners to be known as district highway commissioners.
Any county that is divided between two or more congressional districts,
for purposes of appointment of district highway commissioners, shall be
considered to be in the district that has the most of that respective
county's population.
There shall be one commissioner selected from the State at large,
upon the advice and consent of the Senate, who must be appointed by
the Governor, and whose term is coterminous with that of the Governor
appointing. The commissioner appointed by the Governor shall serve
as chairman of the commission. The commissioners so chosen constitute
the Commission of the Department of Transportation.
Section 57-2-20. Beginning April 15, 1993, district commissioners
must be elected by the legislative delegation of each congressional
district for a term of office of four years, which expires on April
fifteenth of the appropriate year. The terms of the initial members of the
commission elected by the legislative delegations pursuant are as
follows:
(1) commissioners elected to represent Seat A in each
congressional district: two years;
(2) commissioners elected to represent Seat B of each
congressional district: four years.
Candidates must declare for Seat A or Seat B in each district. No
county within a highway district shall have a resident commissioner for
more than one consecutive term and in no event shall any two
commissioners from the same county serve simultaneously. The
legislative delegations representing the counties of each district shall
meet upon written call of a majority of the members of the delegations
of each district at a time and place to be designated in the call for the
purpose of electing a commissioner to represent the district. A majority
present, either in person or by written proxy, of the legislative delegation
from a given district constitute a quorum for the purpose of electing a
district commissioner. No person may be elected district commissioner
who fails to receive a majority vote of the members of the legislative
delegation.
The legislative delegation must be organized by the election of a
chairman and a secretary, and the legislative delegations of each district
shall adopt such rules as they consider proper to govern the election.
Any absentee may vote by written proxy. When the election is
completed, the chairman and the secretary of the legislative delegation
shall immediately transmit the name of the person elected to the
Secretary of State who shall issue to the person, after he has taken the
usual oath of office, a certificate of election as district commissioner.
The Governor shall thereupon issue a commission to the person, and
pending the issuance of the commission the certificate of election is
sufficient warrant to the person to perform all of the duties and functions
of his office as commissioner. Each commissioner shall serve until his
successor is elected and qualified.
Section 57-2-30. Any vacancy as district commissioner occurring by
death, resignation or removal shall be filled by election in the manner
provided in Section 57-2-20 for the unexpired term only. Any vacancy
as district commissioner occurring or approaching on account of the
expiration of the term of office may be filled by election as provided in
this section at any time within sixty days prior to the expiration of such
term of office or afterwards.
Section 57-2-40. A qualified elector of the district may be elected to
represent that district on the commission. Failure by a commissioner to
maintain his residency in the district for which he is elected shall result
in the forfeiture of his office.
Section 57-2-50. Each commissioner must be reimbursed for official
expenses as provided by law for members of state boards and
commissions as established in the annual general appropriation act.
Section 57-2-60. The commission must select a vice-chairman and
a first vice-chairman to serve for two-year terms. The commission shall
adopt its own rules and procedures. The Director for Finance and
Administration must act as secretary to the commission.
Section 57-2-70. The commission may adopt an official seal for use
on official documents of the department."
SECTION 14. Article 3, Chapter 3 of Title 57 of the 1976 Code is
repealed effective April 15, 1994.
SECTION 15. Any present member of the South Carolina Department
of Highways and Public Transportation Commission or members of the
commission elected prior to the effective date of this act shall continue
to serve until April 15, 1994.
SECTION 16. Section 12-27-1210 of the 1976 Code is amended to read:
"Section 12-27-1210. In addition to the tax levied by Sections
12-27-230 and 12-27-240, every oil company subject to the tax
imposed by those sections shall pay to the State an additional tax in an
amount equal to two three cents a gallon on all gasoline,
combinations of gasolines, or substitutes for gasoline, sold or consigned,
used, shipped, or distributed for the purpose of sale within this State.
Effective January 1, 1989, the additional tax imposed by this section
is increased by one cent a gallon to a total of three cents a gallon.
The proceeds of the additional tax levied by this section must be used
to fund the provisions of the Strategic Highway Plan for Improving
Mobility and Safety as administered by the Department of Highways
and Public Transportation deposited into the state highway
fund. All provisions of this chapter apply with equal force and
effect to the additional tax on gasoline levied by this section."
SECTION 17. Section 12-27-1220 of the 1976 Code is amended to read:
"Section 12-27-1220. In addition to the tax imposed by
Sections 12-27-510 and 12-27-520, every person, firm, corporation,
municipality, or county subject to tax imposed by those sections, or any
subdivision of a municipality or county, shall pay an additional tax of
two three cents a gallon for every gallon of gasoline or
other like product of petroleum under whatever name designated on
which a tax is imposed by Section 12-27-510. Effective January 1,
1989, the additional tax imposed by this section is increased by one cent
a gallon to a total of three cents a gallon. The proceeds of the
additional tax levied by this section must be used to fund the
provisions of the Strategic Highway Plan for Improving Mobility and
Safety deposited into the state highway fund. All the
provisions of this chapter apply with equal force and effect to the
additional tax on gasoline levied by this section."
SECTION 18. Section 12-27-1230 of the 1976 Code is amended to read:
"Section 12-27-1230. In addition to the tax levied by Section
12-29-310, a tax of two three cents a gallon is imposed
upon all fuel sold or delivered by any supplier to any person not licensed
as a supplier under the provisions of Chapter 29 of this title.
Effective January 1, 1989, the additional tax imposed by this section
is increased by one cent a gallon to a total of three cents a gallon.
The proceeds of the tax levied by this section must be used to fund
the Strategic Highway Plan for Improving Mobility and Safety Program
as administered by the department deposited into the state
highway fund. All the provisions of Chapter 29 of this title apply
with equal force and effect to the additional tax levied by this
section."
SECTION 19. Section 12-27-1240 of the 1976 Code is amended to read:
"Section 12-27-1240. In addition to the road tax levied by
Section 12-31-410, an additional road tax equivalent to two
three cents a gallon is imposed upon the amount of gasoline or
other motor fuel used by every motor carrier in its operations within this
State. Effective January 1, 1989, the additional tax imposed by this
section is increased by one cent a gallon to a total of three cents a
gallon. The proceeds of this tax must be used to fund the
Strategic Highway Plan for Improving Mobility and Safety Program as
administered by the department deposited into the state highway
fund. All the provisions of Chapter 31 of this title apply with equal
force and effect to the additional tax on gasoline levied by this
section."
SECTION 20. Section 12-27-1250 of the 1976 Code is amended to read:
"Section 12-27-1250. In addition to the credit provided for in
Section 12-31-450, every motor carrier subject to the tax imposed by
Section 12-27-1240 is entitled to a credit on the tax equivalent to
two three cents a gallon on all gasoline or other motor
fuel purchased by the carrier within this State for use in operations either
within or without this State and upon which gasoline or other motor fuel
the tax imposed by the laws of this State has been paid by such carrier.
Effective January 1, 1989, the additional credit authorized by this
section is increased by one cent to a total of three cents a gallon.
This refund may be made only if the carrier has fully complied with all
regulations of the commission and the provisions of Chapter 31 of this
title."
SECTION 21. Section 12-27-1290 of the 1976 Code is amended to read:
"Section 12-27-1290. The department must review projects
on the priority list, as provided in Section 12-27-1280, for the
possibility of constructing toll roads to defray the cost of these projects
pursuant to the authority granted the department in Section 57-5-1330.
No project may be funded by means of imposing a toll on the users of
the project unless in conjunction with federal funds authorized for use
on toll roads it is determined to be substantially feasible by the
department. The funds derived from tolls must be returned to the
Strategic Highway Plan for Improving Mobility and Safety Fund
state highway fund until the fund is reimbursed. Upon
reimbursement, all toll charges shall cease."
SECTION 22. Sections 12-27-1260, 12-27-1280, and 12-27-1300 are
repealed.
SECTION 23. Whenever the term Strategic Highway Plan for Improving
Mobility and Safety Program or Strategic Highway Plan for Improving
Mobility and Safety appears in the Code of Laws of South Carolina, it
shall mean state highway fund. The Code Commissioner is directed to
change all such references at such time and in such manner as may be
timely and cost effective.
SECTION 24. This act takes effect upon approval by the Governor.
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