Current Status Introducing Body:House Bill Number:3288 Primary Sponsor:Beasley Committee Number:21 Type of Legislation:GB Subject:Highways and Public Transportation Department Residing Body:House Current Committee:Education and Public Works Computer Document Number:NO5/7162.BD Introduced Date:Jan 23, 1991 Last History Body:House Last History Date:Jan 23, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Beasley Altman Townsend Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3288 House Jan 23, 1991 Introduced, read first time, 21
referred to Committee
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TO AMEND SECTION 11-35-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS FOR GOODS AND SERVICES RECEIVED BY THE STATE, SO AS TO DELETE THE REFERENCE TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, RELATING TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND COMMISSION, SO AS TO CHANGE THE NAME OF THE DEPARTMENT AND COMMISSION TO THE DEPARTMENT OF AND COMMISSION ON TRANSPORTATION, REORGANIZE THE DEPARTMENT, REVISE PROVISIONS FOR ITS EMPLOYEES, AND REVISE THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT, SO AS TO REVISE THE PROCEDURES FOR THE USE OF REVENUE AND OPERATION OF THE DEPARTMENT AND TO DELETE OBSOLETE REFERENCES TO THE 1962 CODE; TO REPEAL SECTION 2, ACT 383 OF 1986 RELATING TO CHANGING REFERENCES TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO THE TRANSFER OF FUNDS BY THE COMMISSION; TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES IN THE CODE; TO REQUIRE THE DEPARTMENT TO UTILIZE DEPARTMENT SUPPLIES AND MATERIALS; AND TO PROVIDE FOR SERVICE OF CURRENT COMMISSION MEMBERS AND INITIAL TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 11-35-45 of the 1976 Code is amended to read:
"Section 11-35-45. (A) Beginning January 1, 1983, all vouchers for payment of purchases of goods or services shall must be delivered to the Comptroller General's office within thirty work days from receipt of the goods or services whichever is received later by the agency. After the thirtieth work day, the Comptroller General shall levy an amount not to exceed fifteen percent per annum a year from the funds available to the agency, such the amount to be applied to the unpaid balance to be remitted to the vendor.
(B) All State agencies and institutions of the State are required to shall comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation Department, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grant Consortium shall process all payments for goods or services through the Comptroller's Office. Only the lump sum institutions of higher education and the Department of Highways and Public Transportation shall be are responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later and shall pay an amount not to exceed fifteen percent per annum a year on any the unpaid balance which exceeds the thirty work day period days.
(C) The Comptroller General shall issue written instructions to the agencies and institutions to carry out the intent of this section. All State offices, institutions, and agencies of state government shall fully cooperate fully with the Comptroller General in the implementation of this section.
(D) The thirty day period shall days do not begin until the agency, whether or not the agency processes vouchers through the Comptroller General, certifies its satisfaction with the received goods or services."
SECTION 2. Articles 1, 3, and 5, Chapter 3, Title 57 of the 1976 Code are amended to read:
Section 57-3-10. There is hereby established as an administrative agency of the state government the South Carolina Department of Highways and Public Transportation. Its functions and purposes shall be the systematic planning, construction, maintenance and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and other laws relating to such subjects, the coordination of all state and federal programs relating to public transportation among the departments, agencies and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the Department shall not be charged with any duties or responsibilities delegated by law to the Public Service Commission. For purposes of this chapter:
(1) `Commission' means the Commission on Transportation, governing body of the Department of Transportation.
(2) `Department' means the Department of Transportation.
(3) `Director' means the director of Transportation, chief administrative officer of the Department of Transportation.
(4) `District director' means an employee of the department who is assigned to and responsible for day-to-day management and supervision of the operation of the department's services, personnel, and administrative activities, including budgeting, procurement, records management, and payroll in a highway district. However, supervision of law enforcement personnel is under the manager of law enforcement.
(5) `External deputy director' means an employee of the department who is assigned to and responsible for the management, coordination, and supervision of the combined operation of the activities, services, and personnel in each district.
(6) `Highway district' means the geographic area established by Section 57-3-210.
(7) `Internal deputy director' means an employee of the department who is assigned to and responsible for the management and supervision of the combined operation of the activities, services, and personnel in each division.
Section 57-3-20. The Department is governed by the State Highways and Public Transportation Commission and the Executive Director of the Department of Highways and Public Transportation. (A) The Department of Transportation is established as an administrative agency of state government. Its functions and purposes are:
(1) systematic planning, construction, maintenance, and operation of the state highway system;
(2) regulation of traffic;
(3) administration and enforcement of traffic, driver, and motor vehicle laws;
(4) coordination of state and federal programs relating to public transportation among state departments, agencies, and other political subdivisions;
(5) performance of duties delegated to it pursuant to law. However, the department is not charged with duties delegated by law to the Public Service Commission.
(B) The department is governed by the Commission on Transportation through the Director of Transportation. The commission, provided in Section 57-3-220, shall carry out its duties consistent with the desires of the State as a whole, and it may not sacrifice general statewide interest to purely local desires of a particular area.
Section 57-3-30. (A)(1) The department must be divided into such divisions as the commission or the Executive Director of the Department of Highways and Public Transportation may prescribe but shall must consist of at least four the following principal divisions; one of which shall be the:
(a) finance and administration;
(b) construction, engineering division, another the, and planning;
(c) motor vehicle division, another the services;
(d) law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other;
(e) inspection, certification, compliance, permits, and enforcement;
(f) mass transit.
(2) The commission may establish other divisions or ancillary or service divisions may be set up by the Department as may be necessary for the efficient and economical operation of the department and to carry out the functions and purposes of the department. The Department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.
(B) The department is authorized to shall develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments Departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the department, and provide assistance, data, and advice upon request. The department may process payments for goods and services for the Interagency Council on Public Transportation.
Section 57-3-35 57-3-40. It is the sense of the General Assembly that the The department of Highways and Public Transportation should shall comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to and effectuate and assure the compliance through necessary contract documents and regulations as may be necessary and such input from the Governor's Office. The (Office of Small and Minority Business Assistance) in the Division of Economic Development of the Governor's office shall provide input in the promulgation of the regulations.
Section 57-3-40. There is hereby created a division for erosion control which will operate under the supervision and control of the State Highway Department. The division shall be charged with research of methods of combatting erosion and of devising such means as will arrest the erosion of the shore line of the State, and of putting into effect the necessary controls.
Section 57-3-50. The State Highway Department shall organize the division to perform the duties required by Section 57-3-40, and is authorized to employ such professional and clerical assistance as may be necessary, consistent with such appropriations as may be provided by law for this purpose.
Section 57-3-210. The several judicial circuits of the State are for the purposes of this Title hereby constituted and created Seven highway districts of the State, designated by numbers corresponding to the numbers of the respective judicial circuits. For each of such highway districts there shall be chosen in the manner and for the terms of office herein provided a highway commissioner to be known as a district highway commissioner. Two commissioners, upon the advice and consent of the Senate, shall be appointed by the Governor from the State at large, whose terms shall be coterminous with that of the Governor appointing. The several commissioners so chosen shall constitute as a body the State Highway Commission of South Carolina are created composed of the following counties:
(1) District One: Calhoun, Fairfield, Lexington, and Richland counties;
(2) District Two: Abbeville, Aiken, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry, and Saluda counties;
(3) District Three: Greenville, Oconee, and Pickens counties;
(4) District Four: Cherokee, Chester, Lancaster, Spartanburg, Union, and York counties;
(5) District Five: Chesterfield, Clarendon, Darlington, Dillon, Florence, Kershaw, Lee, Marion, Marlboro, and Sumter counties;
(6) District Six: Charleston, Georgetown, Horry, and Williamsburg counties;
(7) District Seven: Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties.
Section 57-3-215. Notwithstanding the provisions of Section 57-3-210 or any other provision of law 57-3-220, the Chairman chairmen of the Senate Transportation Committee and the Chairman of the House Education and Public Works Committee or their designees shall serve ex officio as members of the State Highways and Public Transportation commission.
Section 57-3-220. Upon the expiration of the terms of office of the present district highway commissioners (the terms of the commissioners for the second, ninth, tenth, twelfth and fourteenth districts expiring April 15, 1962, those for the third, eighth, eleventh and thirteenth districts April 15, 1963 and those for the first, fourth, fifth, sixth and seventh districts April 15, 1964), the district highway commissioners shall be chosen as provided herein for a term of office of four years, which shall expire on April fifteenth of the appropriate year. The legislative delegations representing the counties of each highway district herein created shall meet upon written call of a majority of the members of the delegations of each highway district at a time and place to be designated in such call for the purpose of electing a highway commissioner to represent such highway district. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given highway district shall constitute a quorum for the purpose of electing a district highway commissioner, but no person shall be declared elected district highway commissioner who shall fail to receive a majority vote of all the members of the county legislative delegations from the highway district. The joint county legislative delegations of each highway district shall be organized by the election of a chairman and a secretary, and such joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each highway district shall immediately transmit the name of the person elected to the Secretary of State, who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon forthwith issue a commission to such person, and pending such issuance the aforementioned certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office as commissioner. Each district highway commissioner shall serve until his successor shall have been elected and qualified. (A) One member of the commission must be elected from each of the seven highway districts at a joint session of the General Assembly for a term of four years or until his successor is elected and qualifies. The election may be held no earlier than April first for a term to begin the following July first. Elections to fill vacancies caused by death, resignation, or removal may be held earlier than April first of the year in which the unexpired term terminates. The term of the person elected to succeed that member expires on June thirtieth of the year in which the term of the former member would have expired. The General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the commission is representative of all citizens of South Carolina. No person may offer for election or serve as a commissioner of a district who is not a resident of the district at the time of the election. Failure by a commissioner to maintain residency in the district for which he is elected results in the forfeiture of his office.
(B) Two commissioners must be appointed by the Governor from the State at large, upon the advice and consent of the Senate. Their terms are coterminous with that of the Governor appointing.
Section 57-3-230. Any vacancy as district highway commissioner occurring by death, resignation or removal shall be filled by election in the manner provided in Section 57-3-220 for the unexpired term only. Any vacancy as district highway commissioner occurring or approaching on account of the expiration of the term of office may be filled by election as provided in this section at any time within sixty days prior to the expiration of such term of office or afterwards.
Section 57-3-240. Representation of a given highway district on the commission shall be rotated among the counties of the district, except by unanimous consent of all members of the county legislative delegations from the district. No district highway commissioner elected under the provisions of this article shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the district. The legislative delegation of any county entitled to a district highway commissioner under the provisions of this section shall nominate at least three suitable persons for the office, one of whom shall be elected district highway commissioner by a majority vote of all of the members of the county legislative delegations representing the district.
Section 57-3-250. Each district highway commissioner shall receive such compensation as may be provided by the General Assembly per annum, and must be reimbursed official expenses as provided by law for members of state boards, committees, and commissions.
Section 57-3-260. The State Highway commission shall select its a chairman, vice-chairman, and other officers first vice-chairman to serve for such two-year terms as the Commission may designate. The commission shall adopt its own rules and procedures. The Secretary-Treasurer of the State Highway Department shall act as manager of finance and administration is secretary of the commission.
Section 57-3-270. The commission may adopt an official seal for use on official documents of the department.
Section 57-3-410. The Chief Highway Commissioner shall director must be appointed by the State Highway commission to serve for a four-year term at its pleasure. A person appointed to this position shall The director must be a citizen of practical and successful business and executive ability. His The compensation shall of the director must be fixed by the Commission established in accordance with state law and regulation. The right to remove or discharge a person holding the position of Chief Highway Commissioner shall be reserved to the Commission.
Section 57-3-420. The Chief Highway Commissioner shall take and return the oath of office as prescribed for all State officers. Immediately upon qualification for office he the director shall give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties.
Section 57-3-430. (A) The Chief Highway Commissioner shall be director is the executive and administrative head of the State Highway department. He shall carry out the policies defined established by the State Highway commission and shall administer the affairs of the department. When the Commission shall not be in session, the said Chief Highway Commissioner shall have and The director may exercise all powers belonging to the commission within the guidelines and policies it establishes when the commission is not in session. He shall represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.
(B) The director may employ personnel authorized by statute and for whom funds have been authorized in the annual general appropriations act.
Section 57-3-440. The Chief Highway Commissioner may director shall appoint such assistants, deputies and employees as he considers necessary to the proper administration of the affairs of the Department and may prescribe their duties, powers and functions an external deputy director, an internal deputy director, and for each highway district a district director. The compensation of the deputy directors and the district directors must be established in accordance with state law and regulation. These directors serve at the pleasure of the director. Their duties and responsibilities include, but are not limited to:
(1) The external deputy director shall manage each highway district, including the implementation of uniform departmental policies, rules, procedures, and standards to ensure that each district uses its resources in an efficient and effective manner. He is the direct supervisor of each district director and annually shall develop a needs assessment plan for district offices to be reviewed by the administrative panel.
(2) The internal deputy director shall manage each division including establishing uniform departmental policies, rules, procedures, and standards to ensure uniform compliance and quality performance. He is the direct supervisor of each division manager and annually shall develop a needs assessment plan for each division which must be reviewed by the administrative panel. If the director is unable, absent, or fails to perform his required duties, the internal deputy director shall perform his duties.
(3) A district director is the chief administrative officer of a highway district. He shall coordinate and manage all aspects of the department's operations at the district level, including personnel, budgeting, and strategic planning, except as limited by Section 57-3-10(4).
Section 57-3-450. There shall be a Secretary-Treasurer of the Department. The Secretary-Treasurer shall be the fiscal officer of the Department, who shall, in addition to his duties as fiscal officer, record the proceedings of the Commission. The Secretary-Treasurer shall be appointed by the Commission to serve in office at the pleasure of the Commission. His compensation shall be fixed by the Commission. There is established within the department an administrative panel to ensure the department's efficiency, effectiveness, and proper administration. The panel is composed of the director, the external deputy director, the internal deputy director, and a district director from each highway district. It is chaired by the director and is charged with responsibilities delegated by the commission including, but not limited to, continually reviewing and monitoring the department's programs and policies and independent and external audits. The panel shall publish a summary of its proceedings, findings, and the resulting corrective action taken by the director in the department's annual report. It shall meet at the call of the director, but not less than once each quarter.
Section 57-3-460. The Secretary-Treasurer shall, before entering upon the duties of his office, give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties. He shall take and return the oath of office as prescribed for all State officers. Each division established in Section 57-3-30 must be administered by a division manager who serves at the director's pleasure. Their responsibilities and duties include, but are not limited to:
(1) manager of finance and administration:
(a) financial planning and management;
(b) accounting systems necessary to comply with federal and state laws, regulations, and policies established by the Comptroller General;
(c) administrative functions, including developing policy and procedures to ensure compliance;
(2) manager of construction, engineering, and planning:
(a) development of statewide strategic highway plans;
(b) construction, design, construction oversight, and maintenance of state highways;
(c) acquisition and management of transportation right-of-ways;
(3) manager of motor vehicle services: development of motor vehicle services;
(4) manager of mass transit: development of a statewide system plan, including mass transit systems;
(5) manager of inspections, certification, compliance, permits, and enforcement:
(a) administer statutes and regulations authorizing or requiring the department to issue or regulate permits or licenses other than driver's licenses;
(b) administer programs necessary to enforce compliance with statutes, regulations, and department policy governing weight, size, length, width, and height requirements and limitations and conditions or qualifications established in the issuance of department permits or licenses and the forfeiture of records, licenses, or other property under the department's jurisdiction;
(c) inspection and investigation of a business or an activity which the department by law is required to regulate.
The director shall transfer the programs, activities, and personnel necessary to comply with this item;
(6) manager for law enforcement: enforcement of motor vehicle and traffic safety laws.
Section 57-3-470. There shall be a State Highway Engineer. The State Highway Engineer shall be the administrative head of the engineering division and, as such, shall direct the highway engineering work of the Department and the activities of said engineering division. The Engineer shall be appointed by the Commission to serve in office at the pleasure of the Commission. His compensation shall be fixed by the Commission. A person appointed to the position of State Highway Engineer shall be a competent engineer, skilled and experienced in highway planning, design, construction and maintenance, and shall be an engineering graduate of a college or university with an accredited course in engineering. The selection of the Engineer may be based upon a civil service examination, under rules and regulations to be made and promulgated by the Commission. The Engineer shall take and return the oath of office as prescribed for all State officers.
Section 57-3-480. Appointments of persons to employment within the Department and promotions, demotions, transfers, separations, leaves and similar matters may be based upon a merit system of personnel administration which the Department may institute pursuant to rules and regulations promulgated therefor by the Commission.
(A) There is created an ombudsman office in the department. The director shall appoint, with the advice and consent of the commission, an ombudsman to report to and serve at the pleasure of the commission.
(B) The ombudsman may:
(1) receive and investigate problems and complaints on behalf of interested individuals relating to the department;
(2) carry out investigations and request and receive written statements, documents, exhibits, and other items pertinent to it;
(3) at the conclusion of an investigation, issue a report and recommendations to the commission to assist the department in improving its operation.
Section 57-3-490. The department may furnish all necessary first aid to department employees of the Department who may be injured while engaged in the discharge of discharging assigned official duties assigned them by the Department. Such first First aid may consist of medical and surgical attention ordinarily incident to physical injuries of the kind sustained, together with and necessary hospitalization. Claims for medical and surgical attention for hospital care given department employees of the Department on account of for these injuries of the kind contemplated in this section may be submitted directly to the department for payment after verification. But if any such However, if the amount of a claim may in the judgment of the department appear appears excessive in amount, considering the character and extent of the service rendered, then such the claim shall must be submitted to the Department of Health and Environmental Control for examination as to reasonableness, and the. The department shall pay on account of the claim only such amounts as the amount of the claim the Department of Health and Environmental Control may approve approves as reasonable and proper under the circumstances and shall is not be liable on account of such for the claim.
Section 57-3-500. The department may pay from state highway funds claims of department employees of the Department, arising under the provisions of the Workmen's workers' compensation Law, which are laws recommended for payment by the department and have the with the approval of the State Industrial Workers' Compensation Commission.
Section 57-3-510. Sections 57-3-490 and Section 57-3-500 have no purpose other than to authorize authorizes the department to give reasonable attention to its employees who may be injured in the discharge of their official duties and leave with the. The department full discretion to may determine the reasonable necessities in each case. None of the provisions thereof shall serve to This section does not increase any the responsibility or liability imposed upon the department by existing laws, nor shall they law and does not affect or impair in any way the effects or operation of the State workmen's workers' compensation laws.
Section 57-3-520. Legal representation for the The department of Highways and Public Transportation's workers' compensation claims program shall be provided by with the Attorney General's approval may employ a chief claims counsel and such necessary staff attorneys as are necessary, to be appointed by the Executive Director of the Department of Highways and Public Transportation with the approval and support staff to represent the department in legal matters including workers' compensation, condemnation procedures, and other litigation. The representation is under the jurisdiction and control of the Attorney General. Any extra Extra legal services that may be required shall must be performed by attorneys selected by the Executive director of the Department of Highways and Public Transportation with the approval of the Attorney General. The department is authorized to may retain independent adjusters for purposes of investigating to investigate and adjusting adjust claims and suits arising under workers' compensation, motor vehicle damage, and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall must be paid from the State Highway Fund."
SECTION 3. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read:
Section 57-11-10. The expression As used in this article:
(1) `Accident claims,' as used in this article, means all claims against the State Highway department as provided for by law, except contractual claims. The expression
(2) `Gasoline tax,' as used in this article, includes taxes for the privilege of selling, consigning, using, shipping, or distributing gasoline or any a substitute therefor or combination thereof usable in internal combustion engines for the generation of power.
Section 57-11-20. All revenues and income expendable by (A) Revenue dedicated by statute to the operation of the department may be consolidated into one fund to be known as the `State Highway Fund,' and,. The fund is separate and distinct from the general fund except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as authorized by Section 57-11-250, shall and must be paid out upon the authority of the commission, on warrants of the department approved by the Chief Highway commissioner or such bonded officers or employees as may be designated by the Chief Highway Commissioner, he designates and in the manner, and only for the several purposes, provided by law in respect to such the funds.
(B) Beginning July 1, 1992, the department shall process all payments for goods and services and personnel services through the Comptroller General's office.
(C) The Comptroller General shall issue written instructions to the department to carry out the intent of this section and the provisions of Section 57-3-460(1)(b). The department shall cooperate fully with the Comptroller General in the implementation of this section.
Section 57-11-30. The Subject to the requirements and limitations established by the Comptroller General, the department may set aside and deposit in its name a revolving fund, and all payments. Payments from such the fund shall must be restored to the fund it by vouchers drawn on the Comptroller General against the Highways and Public Transportation State Highway Fund.
Section 57-11-40. Not more than sixty days prior to the beginning of each fiscal year the Department shall make an estimate of the revenues to be received by the Department during such fiscal year, and after deducting therefrom the amounts required by the State Treasurer for the payment of the principal and interest on State highway bonds due or falling due in such year, it shall estimate the amounts required for the payment of the expenses of the Department for such fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims and law enforcement.
Section 57-11-50. From the remainder of such revenues and receipts of such fiscal year as estimated pursuant to Section 57-11-40, after paying the sum appropriated by said section, there is hereby appropriated a sum sufficient to maintain the highways of the State highway system for such year in a sound and serviceable condition. Any surplus of such estimated revenues and receipts for the fiscal year, including available balances brought forward from previous years, is hereby appropriated for the construction, reconstruction and maintenance of State highways and for the payment of other expenses of the Department.
Section 57-11-60. The Through June 30, 1992, the department may issue duplicate checks, drafts, warrants, or vouchers upon receipt of a competent indemnity bond executed by the payee and guaranteed by a responsible person, and the. The department also may also execute indemnity bonds when necessary to secure the issuance of duplicate checks payable to the department, the originals of which have been lost.
Section 57-11-70. The Beginning July 1, 1992, books and accounts of the department shall must be audited at least once a each fiscal year by a certified public accountant or firm of certified public accountants, to be designated by the Governor, and a State Auditor. A report of the audit shall must be made annually to the General Assembly. The costs and expenses of such annual the audit shall must be paid by the department out of its funds.
Section 57-11-80. The General Assembly hereby approves, ratifies, confirms and validates all outstanding indebtedness incurred for highway purposes prior to June 13, 1951, including:
(1) All State highway certificates of indebtedness;
(2) All State highway bonds; and
(3) All reimbursement agreements then outstanding with counties, road districts and bridge districts;
And directs the payment thereof, according to their tenor and obligation, except that, in the case of reimbursement agreements securing outstanding bonds or other obligations, the State Highway Department may, in its discretion, make payments due on account of such agreements directly to the paying agent of the outstanding bonds or other such outstanding obligations.
Section 57-11-90. (1) The State Treasurer is authorized to may establish with any a bank having a suitable trust department an irrevocable trust for the payment of the principal and interest of all state highway bonds to be outstanding on July 1, 1968, and to deposit in the trust fund a sum equal to the aggregate of the principal and interest requirements of the bonds. The trust may provide that it may be invested and reinvested in obligations of the United States or any agency thereof its agencies, but with maturities consonant with the need for funds, and any income thereof not required for the payment of the principal and interest of the bonds shall must be remitted to the State Highway department annually and shall become a part of its general State Highway Fund. The trust instrument shall must impose upon the its trustee thereof the duty to make the sums required for the payment of principal and interest available to the paying agent of the outstanding bonds not later than five days preceding the several principal and interest payment dates. The State Treasurer shall be empowered to may execute any and all the documents necessary to implement the authorization granted by this section.
(2) When the trust authorized by subsection (1) of this section shall become effective, all remaining funds in the sinking fund established by Section 33-265 of the Code of Laws of South Carolina, 1962, shall upon request of the State Highway Department be paid to and become a part of the general highway fund of the State Highway Department.
(3) Section 33-265 of the Code of Laws of South Carolina, 1962, shall not apply to any State highway bonds and certificates of indebtedness issued subsequent to July 1, 1968."
SECTION 4. Section 2, Act 383 of 1986 is repealed.
SECTION 5. Section 124.20, Part I, Act 612 of 1990 is repealed.
SECTION 6. The Code Commissioner shall change references in the Code of Laws of South Carolina, 1976, to the:
(1) Department of Highways and Public Transportation to the Department of Transportation;
(2) Executive Director of the Department of Highways and Public Transportation to the Director of Transportation;
(3) State Highway Commission to the Commission on Transportation.
SECTION 7. To minimize the cost in implementing this act, the Department of Transportation shall utilize to the extent practicable rather than discard supplies, materials, or other items referring to the department or its divisions which must be revised pursuant to this act. For items which have a useful life of more than five years, the department shall implement a program which requires the phase-in of a new name or logo required by this act.
SECTION 8. (A) The current members of the State Highways and Public Transportation Commission or a member elected before January 1, 1992, serve until their terms expire or June 30, 1992, whichever date is earlier.
(B) Commission on Transportation members elected pursuant to Section 57-3-220 of the 1976 Code, amended by Section 2 of this act, must be elected during the 1992 legislative session. Their initial terms begin July 1, 1992, and are as follows:
(1) first, third, fifth, and seventh district commissioners: two years;
(2) second, fourth, and sixth district commissioners: four years.
SECTION 9. This act takes effect upon approval by the Governor.