Current Status Introducing Body:Senate Bill Number:68 Primary Sponsor:Passailaigue Committee Number:15 Type of Legislation:GB Subject:Highway Department, restructuring of Residing Body:Senate Current Committee:Transportation Computer Document Number:S.68 Introduced Date:19930112 Last History Body:Senate Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Passailaigue Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
68 Senate 19930112 Introduced, read first time, 15
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND ARTICLES 1, 3, 5, AND 7, 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 ELECTION AND COMPOSITION OF THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, AND THE APPOINTMENT OF THE EXECUTIVE DIRECTOR AND OTHER DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR DEFINITIONS, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION DIRECTORS, BY PROVIDING FOR THE METHOD AND MANNER FOR APPOINTING HIGHWAY COMMISSIONERS AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF ADMINISTRATIVE HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND SECTION 2-63-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW INTRABUDGETARY TRANSFER, SO AS TO PROVIDE THAT THE COMMITTEE SHALL REVIEW THE BUDGET OF THE DEPARTMENT; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE FOR THE CREATION OF A STATE HIGHWAY BOND FUND AND A STATE HIGHWAY BOND FUND DEBT SERVICE ACCOUNT; TO AMEND SECTION 12-27-400, RELATING TO THE DISTRIBUTION AND USE OF "C" FUNDS SO AS TO PROVIDE THAT A COUNTY COUNCIL OF A COUNTY MUST APPROVE THE ROADS UPON WHICH ALL "C" FUND CONSTRUCTION MONIES ARE EXPENDED WITHIN THE COUNTY AND TO CHANGE THE FORMULA BY WHICH "C" FUND MONIES ARE APPORTIONED AMONG THE COUNTIES; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT; AND TO REPEAL SECTIONS 12-27-1260, 12-27-1280, AND 12-27-1300, RELATING TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 57 of the 1976 Code is amended to read:
Section 57-1-10. The terms `highway', `street' and `road' as used herein shall be general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right of way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures and all other facilities commonly considered component parts of highways, streets or roads. The term `roadway' shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term `roadway' as used herein shall refer to any such roadways separately but not to all such roadways collectively. The term `public transportation' shall mean every conveyance of human passengers by bus, van or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular and continuing basis.
Wherever the term `South Carolina State Highway Department' or `State Highway Department' or `Highway Department' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `South Carolina Department of Highways and Public Transportation'.
Wherever the term `State Highway Commission' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `State Highway and Public Transportation Commission'.
Wherever the term `Chief Highway Commissioner' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `Executive Director of the Department of Highways and Public Transportation'. For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) `Administrative Highway District' means the geographic area established by Section 57-3-20.
(2) `Commission' means the administrative and governing body of the Department of Transportation.
(3) `Department' means the Department of Transportation (DOT).
(4) `District' means the geographic area as established by Section 57-3-210.
(5) `District Director' means an employee of the department who is assigned to and responsible for the day-to-day management and supervision of the operation of the department's services, personnel, and administrative activities, including budgeting, procurement, records management, and payroll in a highway district.
(6) `Highway', `street', or `road' are general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right-of-way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures, and all other facilities commonly considered component parts of highways, streets, or roads.
(7) `Mass transit' shall mean every conveyance of human passengers by bus, van, or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular and continuing basis.
(8)`Roadway' shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term `roadway' as used herein shall refer to any such roadways separately but not to all such roadways collectively.
(9) `Secretary of Transportation' means the chief administrative officer of the Department of Transportation.
Section 57-1-20. The assent of the State is hereby given to the terms and provisions of an act of Congress, approved July 11, 1916, entitled "An Act to Provide that the United States Shall Aid the States in the Construction of Rural Post Roads and for Other Purposes," and acts amendatory thereof and any other act providing for Federal aid to the states for the construction of highways and other related projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said Federal act, so as to acquire the benefits thereof. The Department of Transportation is established as an administrative agency of state government. The Department shall have such functions and powers as provided for by law.
Section 57-1-30. The South Carolina Department of Highways and Public Transportation may number and renumber State highways whenever it considers it necessary or desirable. This specifically authorizes the change in the numbers of routes as numbered by the State Highway Act of 1924, known as the Pay-As-You-Go Act, and other acts designating highways by numbers. The authority herein given to the Department to renumber the highways mentioned and described in the Highway Act of 1924, commonly known as the Pay-As-You-Go Act, and all other acts shall not in any way relieve the Department in the construction of the roads mentioned and described therein. The department shall have as its functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws, and other laws relating to such subjects, the coordination of all state and federal programs relating to mass transit among departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law. The department shall not be charged with any regulatory duties or responsibilities delegated by law to the Public Service Commission, except that within one hundred eighty days of the effective date of this act, the Public Service Commission shall transfer to the department within the Division of Inspections, Permits and Enforcement all duties and responsibilities and all monies appropriated to and full-time equivalent positions associated with the Transportation Division of the Public Service Commission as provided in the annual general appropriation act.
Section 57-1-40. All names given prior to June 13, 1951 to highways or bridges pursuant to legislative action shall be retained. The department shall have the following duties and powers:
(1) lay out, build, and maintain public highways and bridges, including the exclusive authority to establish design criteria, construction specifications, and standards required to construct and maintain highways and bridges;
(2) acquire such lands and road building materials and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation;
(3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State;
(4) number or renumber state highways;
(5) initiate and conduct such programs and pilot projects to further research and development efforts, and promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and public transportation;
(6) cooperate with the federal government in the construction of federal-aid highways, in the development of improved mass transit service, facilities, equipment, techniques, and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;
(7) instruct, assist, and cooperate with the agencies, departments and bodies politic and legally constituted agencies of the State in street, highway, traffic, and mass transit matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system;
(8) carry out highway and mass transit safety programs;
(9) license and register motor vehicles and administer the collection of license and registration fees and penalties;
(10) examine and license motor vehicle drivers;
(11) engage in driver training and safety activities;
(12) enforce the traffic, motor vehicle and related laws;
(13) promulgate such rules and regulations for the administration and enforcement of the powers delegated to the department by law, which rules and regulations shall have the full force and effect of law upon filing in accordance with the Administrative Procedures Act;
(14) grant churches the right to cross over, under, along, and upon any public roads or highways and rights-of-way related thereto;
(15) erect such signs as requested by a local governing body, if the department deems the signs necessary for public safety and welfare, including `Deaf Child' signs and `Crime Watch Area' signs; and
(16) do all other things required or provided by law.
Section 57-1-45. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Highways and Public Transportation must be reimbursed all expenses incurred by the Department to implement the dedication.
Reimbursement for expenses incurred by the Department must first be approved by a majority of each county legislative delegation in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary "C" Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars.
Reimbursement for expenses incurred by the Department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the Department.
Section 57-1-50. The State Electrician shall permit the Department to use so much of the surplus current as is referred to in the preamble of Act No. 1194 of the 1930 Acts for the purpose of lighting the Congaree River bridge, until such time as the State shall need such surplus current for the purposes of State institutions. No contractual obligation is hereby assumed by the State for the purpose of lighting said bridge, and this section is intended to permit the use of such surplus current only until it is needed by the State. No funds of the Department shall in any way be involved in lighting said bridge, other than to maintain the lighting structures already erected on said bridge. The maintenance of such lighting structures shall be provided by the Department as other maintenance for the bridge. The State Electrician shall not make any charge for the use of such current, any law or rule to the contrary notwithstanding. The State Electrician shall discontinue the lighting of said bridge at such a time as it may appear to the State Electrician that the State needs the current for ordinary purposes of the State. The assent of the State is hereby given to the terms and provisions of any act providing for federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said federal act, so as to acquire the benefits thereof.
Section 57-1-60. Whoever, being a member of the State Highway and Public Transportation Commission or engineer, agent or other employee, acting for or in behalf of the Department or Commission, shall accept or agree to accept, receive or agree to receive or ask or solicit, either directly or indirectly, and any person who shall give or offer to give or promise or cause or procure to be promised, offered or given, either directly or indirectly, to any member of the Commission or any engineer, agent or other employee acting for or on behalf of the Commission or Department (a) any moneys, (b) any contract, promise, undertaking, obligation, gratuity or security for the payment of money or for the delivery or conveyance of anything of value, (c) any political appointment or influence, present or reward, (d) any employment or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned in the Penitentiary not less than one nor more than five years and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this State. The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested .organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.
Section 57-1-70. The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the State's highway safety program and is further charged with the duty of contracting and doing all other things necessary in behalf of this State under the National Highway Safety Act of 1966, and, in so doing, to work with Federal and State agencies, agencies private and public, interested organizations, and with individuals to effectuate the purposes of that enactment. The Governor shall be the official of this State having the ultimate responsibility for dealing with the Federal Government with respect to programs and activities pursuant to the National Highway Safety Act of 1966. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions relating thereto. The Department of Transportation should comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations.
Section 57-1-80. Notwithstanding any other provisions of law, the South Carolina Department of Highways and Public Transportation may, in its sole discretion, grant to churches the right to cross over, under, along and upon any of the public roads or highways and rights-of-way related thereto. No member of the commission, employee of the department, or agent of the department, acting for or in behalf of the department or commission, shall accept or agree to accept, receive, or agree to receive or ask or solicit, either directly or indirectly, and any person who shall give or offer to give or promise or cause or procure to be promised, offered or given, either directly or indirectly, to any member of the commission, employee of the department or agent of the department acting for or in behalf of the commission or department: (a) any monies; (b) any contract, promise, undertaking, obligation, gratuity or security for the payment of money or for the delivery or conveyance of anything of value; (c) any political appointment or influence, present or reward; (d) any employment; or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause, or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not less than one nor more than five years and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this State.
Section 57-1-90. Notwithstanding any other provision of law, signs not exceeding three feet by four feet may be placed on highway rights-of-way outside of a community designating the community as a Crime Watch Area if the governing body of the county where the signs are placed passes an ordinance authorizing the signs in accordance with Department of Highways and Public Transportation regulations.
Section 57-1-100. The Department, at the request of a municipal or county council, may erect "Deaf Child--Caution" signs in residential areas where they are deemed to be needed.
Section 57-1-110. Before a county or municipal corporation may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances. Provided, however, a county council or city council may, in its discretion, waive the requirement of an affidavit under this section.
A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
For the purposes of this section, a "newly-constructed road" is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road.
Section 57-1-140. Before building new or expanding existing primary highways, roads, and streets, the South Carolina Department of Highways and Public Transportation shall consider and make a written determination whether it is financially and physically feasible to include:
(1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area;
(2) pedestrian walkways or sidewalks; and
(3) bicycle lanes or paths. A copy of this determination must be submitted to the State Energy Office."
SECTION 2. Article 1, Chapter 3, Title 57 of the 1976 Code is amended to read:
Section 57-3-10. There is hereby established as an administrative agency of the state government the South Carolina Department of Highways and Public Transportation. Its functions and purposes shall be the systematic planning, construction, maintenance and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and other laws relating to such subjects, the coordination of all state and federal programs relating to public transportation among the departments, agencies and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the Department shall not be charged with any duties or responsibilities delegated by law to the Public Service Commission. The department must be divided into such divisions as the commission may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; motor vehicle; law enforcement; inspection, permits, and enforcement; and mass transit. The commission may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the department.
Section 57-3-20. The Department is governed by the State Highways and Public Transportation Commission and the Executive Director of the Department of Highways and Public Transportation. The commission may establish such administrative highway districts as in its opinion shall be necessary for the proper and efficient performance of its duties. The commission, every ten years, must review the number of administrative highway districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts.
Section 57-3-30. A. The Department must be divided into such divisions as the Commission or the Executive Director of the Department of Highways and Public Transportation may prescribe but shall consist of at least four principal divisions; one of which shall be the engineering division, another the motor vehicle division, another the law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other ancillary or service divisions may be set up by the Department as may be necessary for the efficient and economical operation of the Department and to carry out the functions and purposes of the Department. The Department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.
B. The Department is authorized to develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the Department, provide assistance, data, and advice upon request. The commission must develop a general mass transit program and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of mass transit systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities must cooperate with the department, provide assistance, data, and advice upon request and must reimburse any such entity necessary cost in the event of any expense.
Section 57-3-35. It is the sense of the General Assembly that the Department of Highways and Public Transportation should comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations.
Section 57-3-40. There is hereby created a division for erosion control which will operate under the supervision and control of the South Carolina Department of Highways and Public Transportation. The division shall be charged with research of methods of combatting erosion and of devising such means as will arrest the erosion of the shore line of the State, and of putting into effect the necessary controls.
Section 57-3-50. The South Carolina Department of Highways and Public Transportation shall organize the division to perform the duties required by Section 57-3-40, and is authorized to employ such professional and clerical assistance as may be necessary, consistent with such appropriations as may be provided by law for this purpose."
SECTION 3. Article 3, Chapter 3, Title 57 of the 1976 Code is amended to read:
Section 57-3-210. The several judicial circuits of the State are for the purposes of this Title hereby constituted and created highway districts of the State; designated by numbers corresponding to the numbers of the respective judicial circuits. For each of such highway districts there shall be chosen in the manner and for the terms of office herein provided a highway commissioner to be known as a district highway 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 and Public Transportation Commission. The congressional districts of this State are constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Governor shall appoint one commissioner for each highway district and one commissioner from the State at large. All commissioners must be appointed in the manner and for the terms of office as provided for in this article. The commissioners so chosen constitute the Commission of the Department of Transportation.
Section 57-3-215. The commission shall provide for the administrative organization of the department in an economic and efficient manner and shall provide for the necessary planning, construction, maintenance, and operation of an integrated statewide highway transportation system for the economical and safe transportation of people and goods.
Section 57-3-220. Upon the expiration of the terms of office of the present district highway commissioners (the terms of the commissioners for the second, ninth, tenth, twelfth and fourteenth districts expiring April 15, 1962, those for the third, eighth, eleventh and thirteenth districts April 15, 1963 and those for the first, fourth, fifth, sixth and seventh districts April 15, 1964), the district highway commissioners shall be chosen as provided herein for a term of office of four years, which shall expire on April fifteenth of the appropriate year. The legislative delegations representing the counties of each highway district herein created shall meet upon written call of a majority of the members of the delegations of each highway district at a time and place to be designated in such call for the purpose of electing a highway commissioner to represent such highway district. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given highway district shall constitute a quorum for the purpose of electing a district highway commissioner, but no person shall be declared elected district highway commissioner who shall fail to receive a majority vote of all the members of the county legislative delegations from the highway district. The joint county legislative delegations of each highway district shall be organized by the election of a chairman and a secretary, and such joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each highway district shall immediately transmit the name of the person elected to the Secretary of State, who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon forthwith issue a commission to such person, and pending such issuance the aforementioned certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office as commissioner. Each district highway commissioner shall serve until his successor shall have been elected and qualified.
(A) Any county that is divided among two or more congressional districts, for purposes of appointment of a district highway commissioner, is deemed to be considered in the district which contains the largest number of residents from that county.
(B) No county within a highway district shall have a resident commissioner for more than one consecutive term and in no event shall any two persons from the same county serve as a commissioner simultaneously. No person may be eligible to serve as a commissioner if they have previously served as a highway commissioner.
(C) A member of the General Assembly or a former member of the General Assembly is prohibited from serving on the commission or as secretary for a period of one year after terminating his or her office.
Section 57-3-230. Any vacancy as district highway commissioner occurring by death, resignation or removal shall be filled by election in the manner provided in Section 57-3-220 for the unexpired term only. Any vacancy as district highway commissioner occurring or approaching on account of the expiration of the term of office may be filled by election as provided in this section at any time within sixty days prior to the expiration of such term of office or afterwards.
(A) All commissioners must be appointed for a term of office of four years or until their successors are appointed and confirmed by the Senate. No person is eligible to serve as a district highway commissioner who is not a resident of that district at the time of his appointment, except that the at large commissioner may be appointed from any county in the state that does not have a resident district highway commissioner. Failure by a district commissioner to maintain residency in the district for which he is appointed shall result in the forfeiture of his office. The term of office for a commissioner shall begin April first of the appropriate year, except that the term of office of the at large commissioner shall begin sixty-five days from the date on which the Governor's term of office begins. The at large commissioner, upon confirmation, shall serve as chairman of the commission.
(B) The terms of the initial members of the commission appointed from congressional districts are as follows:
(1) commissioners appointed to represent odd numbered congressional districts two years; and
(2) commissioners appointed to represent even numbered congressional districts four years.
Section 57-3-240. Representation of a given highway district on the commission shall be rotated among the counties of the district, except by unanimous consent of all members of the county legislative delegations from the district. No district highway commissioner elected under the provisions of this article shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the district. The legislative delegation of any county entitled to a district highway commissioner under the provisions of this section shall nominate at least three suitable persons for the office, one of whom shall be elected district highway commissioner by a majority vote of all of the members of the county legislative delegations representing the district.
(A) The Governor by January fifteenth of the year in which a commission member's term of office expires must forward to the Senate for advice and consent the name of his appointee to fill that office, except that the Governor must forward the name of his at large appointee to the Senate within five days of the beginning of his term of office.
(B) The Senate may not confirm a gubernatorial appointee to the office of commissioner until the Senate Transportation Committee holds a hearing in accordance with procedures established in the Senate rules or in accordance with the procedures set forth for the operation of the Joint Screening Committee as provided in Chapter 19 of Title 2 of the 1976 Code, as amended.
(C) The Senate Transportation Committee must begin holding hearings in accordance with item (B) no later than thirty days after receiving notice of an appointment from the Governor.
(D) If the Senate fails to act or confirm an appointee within sixty days of receiving notice of the appointment, the appointment shall be rejected and the Governor shall offer another appointee to fill the office of commissioner.
Section 57-3-250. Each district highway commissioner shall receive such compensation as may be provided by the General Assembly per annum, and official expenses as provided by law for members of state boards and commissions. Should a vacancy on the commission occur when the General Assembly is not in session, it shall be filled in the same manner of the original appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly as required in Section 57-3-240. If the Senate does not consent to such appointment within sixty days of the General Assembly convening for an annual session, the office shall be vacant irrespective of the provisions provided herein for holdover status until a successor is appointed and qualified.
Section 57-3-260. The State Highway Commission shall select its chairman and other officers to serve for such terms as the Commission may designate. The Commission shall adopt its own rules and procedures. The Secretary-Treasurer of the South Carolina Department of Highways and Public Transportation shall act as secretary of the Commission. Any or all members of the commission may, with the advice and consent of the Senate, be removed by the Governor for cause shown. And if cause for such removal shall arise when the Senate is not in session, the Governor may suspend one or more of the commissioners and shall fill the vacancies thus created until the General Assembly shall next convene. Upon convening the Senate must act on the suspension within thirty days or the office must be declared vacant.
Section 57-3-270. The Commission department may adopt an official seal for use on official documents of the Department department.
Section 57-3-280. The commission shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission may designate.
Section 57-3-290. Each commissioner within thirty days after his appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.
Section 57-3-300. Commissioners must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act."
SECTION 4. Article 5, Chapter 3, Title 57 of the 1976 Code is amended to read:
Section 57-3-410. The Executive Director of the Department of Highways and Public Transportation shall be appointed by the State Highway and Public Transportation Commission to serve for a four-year term. A person appointed to this position shall be a citizen of practical and successful business and executive ability. His compensation shall be fixed by the Commission. The right to remove or discharge a person holding the position of Executive Director of the Department of Highways and Public Transportation shall be reserved to the Commission.
(A) The secretary is the executive and administrative head of the Department of Transportation. He must carry out the policies of the commission and administer the affairs of the department and may exercise all powers belonging to the commission within the guidelines and policies established by the commission, when the commission is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.
(B) The secretary may employ such personnel as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.
Section 57-3-420. The Executive Director of the Department of Highways and Public Transportation shall take and return the oath of office as prescribed for all State officers. Immediately upon qualification for office he shall give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties. The secretary shall appoint two deputy secretaries who shall serve at the pleasure of the secretary. The duties and responsibilities of the deputy secretaries include, but are not limited to:
(A) the operation and management of administrative highway districts, including the implementation of uniform departmental policies, rules, procedures, and standards in order to ensure that each highway district uses its resources in an efficient and effective manner. This deputy secretary is the direct supervisor of each district director and must annually develop a needs assessment plan for administrative district offices; and
(B) the operation and management of each division, including establishing uniform departmental policies, rules, procedures, and standards in order to ensure uniform compliance and quality performance. The deputy secretary is the direct supervisor of each division director and must annually develop a needs assessment plan for each division. If the secretary is unable, absent, or fails to perform his required duties, he must perform the duties of the secretary.
Section 57-3-430. The Executive Director of the Department of Highways and Public Transportation shall be the executive and administrative head of the South Carolina Department of Highways and Public Transportation. He shall carry out the policies defined by the State Highway and Public Transportation Commission and shall administer the affairs of the Department. When the Commission shall not be in session, the said Executive Director of the Department of Highways and Public Transportation shall have and may exercise all powers belonging to the Commission.
Section 57-3-440. The Executive Director of the Department of Highways and Public Transportation may appoint such assistants, deputies and employees as he considers necessary to the proper administration of the affairs of the Department and may prescribe their duties, powers and functions. The secretary must appoint a district director for each administrative highway district. The district director is the chief administrative officer of an administrative highway district and serves at the pleasure of the secretary. He is responsible for coordinating and managing all aspects of the department's operations at the administrative district level, including personnel, budgeting, and strategic planning.
Section 57-3-450. There is a Director of Finance and Administration of the Department who is the fiscal and administrative officer of the department. The Director of Finance and Administration, in addition to his duties as fiscal officer, must record the proceedings of the Commission. The Director of Finance and Administration must be appointed by and serve at the pleasure of the executive director of the department. He may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.
Section 57-3-460. The Secretary-Treasurer shall, before entering upon the duties of his office, give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties. He shall take and return the oath of office as prescribed for all State officers. The divisions established in Section 57-3-10 must be administered by a division director who shall serve at the pleasure of the secretary. The responsibilities and duties of the following division directors must include, but not be limited to, the following:
(1) Director of Finance and Administration:
a. financial planning and management, including recording the proceedings of the commission;
b. establish accounting systems necessary to comply with all federal and/or state laws and/or regulations as well as all policies established by the Comptroller General; and
c. administrative functions, including developing policy and procedures to ensure compliance with the provisions of this item;
(2) Director of Construction, Engineering, and Planning:
a. development of statewide strategic highway plans;
b. construction, design, construction oversight, and maintenance of state highways;
c. acquisition and management of transportation rights-of-ways;
(3) Director of Motor Vehicle Services:
a. development of statewide motor vehicle services,including licensing, registration, and titling of motor vehicles;
(4) Director of Mass Transit:
a. development of statewide modal system plan, including mass transit systems;
(5) Director of Inspections, Permits and Enforcement:
a. administer all statutes and regulations that authorize or require the department to issue or regulate permits or licenses other than driver's licenses;
b. administer programs necessary to enforce compliance with statutes, regulations, and department policy governing weight, size, length, width, and height requirements and limitations; the conditions or qualifications established in the issuance of department permits or licenses as herein specified and the forfeiture of any records, licenses, or other property under the department's jurisdiction; and
c. inspection and investigation of any business or activity which the department by law is required to regulate.
The secretary is required to transfer all programs, activities, or personnel which are necessary to comply with the provisions of this section; and
(6) Director for Law Enforcement:
a. Enforcement of motor vehicle and traffic safety laws.
Section 57-3-470. There is a Director of State Highway Engineering. The Director of State Highway Engineering is the administrative head of the engineering division and, as such, directs the highway engineering work of the department and the activities of the engineering division. The Director of State Highway Engineering must be appointed by and serve at the pleasure of the executive director of the department. He may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act. A person appointed to the position of Director of State Highway Engineering must be a competent engineer, skilled and experienced in highway planning, design, construction and maintenance, and must be an engineering graduate of a college or university with an accredited course in engineering. The selection of the Director of State Highway Engineering may be based upon a civil service examination, under rules and regulations to be made and promulgated by the department. There is established within the department, an administrative panel to ensure the department's efficiency, effectiveness, and proper administration. The administrative panel is composed of the secretary, deputy secretaries, and each division directors. The panel is chaired by the director and is charged with such responsibility as delegated by the commission, except that the council must continually review and monitor the department's programs and policies. The administrative panel shall meet at the call of the secretary, but not less than once a quarter.
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. The secretary is charged with the responsibility of continually reviewing and monitoring the department's programs and policies, including all independent and external audits. The secretary must brief the commission on all such audits and publish a summary of his findings and any resulting corrective action taken in the department's annual report.
Section 57-3-490. The Department may furnish all necessary first aid to employees of the Department who may be injured while engaged in the discharge of official duties assigned them by the Department. Such first aid may consist of medical and surgical attention ordinarily incident to physical injuries of the kind sustained, together with necessary hospitalization. Claims for medical and surgical attention for hospital care given employees of the Department on account of injuries of the kind contemplated in this section may be submitted directly to the Department for payment after verification. But if any such claim may in the judgment of the Department appear excessive in amount, considering the character and extent of the service rendered, then such claim shall be submitted to the Department of Health and Environmental Control for examination as to reasonableness, and the Department shall pay on account of the claim only such amounts as the Department of Health and Environmental Control may approve as reasonable and proper under the circumstances and shall not be liable on account of such claim.
(A) There is established an office of ombudsman which must be located within the department. The secretary must appoint an ombudsman who shall report to and serve at the pleasure of the secretary.
(B) The ombudsman is authorized to receive and investigate any problem or complaints on behalf of any interested individual relating to the department, except that internal investigations shall be exclusively within the authority and jurisdiction of the secretary and the commission. He shall have the authority to carry out any such investigation and to request and receive written statements, documents, exhibits, and other items pertinent to the investigation. At the conclusion of any such investigation, he may issue such report and recommendations to the commission as in his opinion will assist the department in improving its operation.
Section 57-3-500. The Department may pay from State highway funds claims of employees of the Department, arising under the provisions of the Workers' Compensation Law, which are recommended for payment by the Department and have the approval of the South Carolina Workers' Compensation Commission.
Section 57-3-510. Sections 57-3-490 and 57-3-500 have no purpose other than to authorize the Department to give reasonable attention to its employees who may be injured in the discharge of their official duties and leave with the Department full discretion to determine the reasonable necessities in each case. None of the provisions thereof shall serve to increase any responsibility or liability imposed upon the Department by existing laws, nor shall they affect or impair in any way the effects or operation of the State workers' compensation laws.
Section 57-3-520. Legal representation for the Department of Highways and Public Transportation's workers' compensation claims program shall be provided by a chief claims counsel and such staff attorneys as are necessary, to be appointed by the Executive Director of the Department of Highways and Public Transportation with the approval of the Attorney General. Any extra legal services that may be required shall be performed by attorneys selected by the Executive Director of the Department of Highways and Public Transportation with the approval of the Attorney General. The Department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits arising under workers' compensation, motor vehicle damage and personal injury damage programs involving Department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid from the State Highway Fund. The secretary shall have the exclusive authority to employ a chief counsel and such staff attorneys and support staff as are necessary to represent the department in legal matters, including workers' compensation, condemnation procedures, and other such litigation. Any extra legal services that may be required shall be performed by attorneys selected by the secretary. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits arising under workers' compensation, motor vehicle damage, and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the State Highway Fund."
SECTION 5. Article 7, Chapter 3, Title 57 of the 1976 Code is amended to read:
Section 57-3-600. Before a county or municipal corporation may accept a deed to a newly constructed road or agree to maintain a newly constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances.
A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
For the purposes of this section, a `newly constructed road' is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly constructed road.
Section 57-3-610. The Department of Highways and Public Transportation may:
(1) Lay out, build and maintain public highways and bridges;
(2) Acquire such lands and road building materials and rights of way as may be needed for roads and bridges by purchase, gift or condemnation;
(3) Cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State;
(4) Initiate and conduct research programs and pilot projects to further research and development, and promote training of personnel in the fields of planning, construction, maintenance and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and public transportation;
(5) Cooperate with the federal government in the construction of federal-aid highways, in the development of improved public transportation service, facilities, equipment, techniques and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;
(6) Instruct, assist and cooperate with the agencies, departments and bodies politic and legally constituted agencies of the State in street, highway, traffic and public transportation matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system;
(7) Carry out highway and public transportation safety programs;
(8) License and register motor vehicles and administer the collection of license and registration fees and penalties;
(9) Examine and license motor vehicle drivers;
(10) Engage in driver training and safety activities;
(11) Enforce the traffic, motor vehicle and related laws;
(12) Promulgate such rules and regulations for the administration and enforcement of the powers delegated to Department by law, which rules and regulations shall have the full force and effect of law upon filing according to law; and
(13) Do all other things required or provided by law.
Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Transportation must be reimbursed all expenses incurred by the department to implement the dedication.
Reimbursement for expenses incurred by the department must first be approved by a majority of each county legislative delegation in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary `C' Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars.
Reimbursement for expenses incurred by the department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the department.
Section 57-3-620. The Department department may enter into such contracts as may be necessary for the proper discharge of its functions and duties and may sue and be sued thereon.
Section 57-3-630. The Department department may bring suits in its name, whenever a cause of action shall accrue to the State by reason of the injury, damage, destruction, or obstruction of any road in the State state highway system, any bridge, culvert, ditch, causeway, embankment, wharf, tollgate, tollhouse, or other facility or any equipment, apparatus, or property, real or personal, belonging to the State state highway system. It may also bring suits in its name whenever subrogation shall arise by reason of payments made to officers or employees of the Department department pursuant to the Workers' Compensation Law. Suits for the recovery of appropriate damages, and other proceedings incident thereto, shall be instituted in any court of competent jurisdiction, for and in behalf of the State state in the name of the Department department as plaintiff. Complaints and other pleadings requiring verification may be verified by the Executive Director of the Department of Highways and Public Transportation secretary or any other person duly authorized by him.
Section 57-3-640. The Department department may construct and maintain necessary driveways and roads in State state parks. All work to be performed by the Department department pursuant to the provisions of this section shall be with the consent and approval of the Department of Parks, Recreation and Tourism, and such work shall not result in the assumption by the Department department of any liability whatsoever on account of damages to property, injuries to persons or death growing out of or in any way connected with such work. Such driveways and roads taken over in State state parks shall not affect the respective counties' portion of mileage to be taken over by the Department department under any other statute. The construction and maintenance work by the Department department authorized by this section shall be paid for from the State state highway fund.
Section 57-3-650. (a) Highway construction and maintenance by the South Carolina Department of Highways and Public Transportation department as authorized in this Title title shall include the authority to acquire strips of land along highways and to landscape and develop the strips and other lands within the highway right of way right-of-way in order to restore, preserve, and enhance the scenic beauty along the highways. The Department department may construct and maintain on such land public rest and recreational areas, roadside parks, sanitary and other facilities reasonably necessary to accommodate the traveling public.
(b) In order to provide information in the specific interest of the traveling public, the South Carolina Department of Highways and Public Transportation department is authorized to construct and maintain such information centers at the aforesaid recreational and rest areas as it may deem desirable. For the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable, these centers shall distribute maps, informational directories and advertising pamphlets. Information centers shall be staffed by persons hired and paid by the Department of Parks, Recreation and Tourism.
(c) The South Carolina Department of Highways and Public Transportation department is authorized to enter into agreements with the United States Secretary of Commerce as provided for in Title 23 of the United States Code, relating to the establishment and operation of information centers at rest and recreational areas, and to take action in the name of the State to comply with the terms of such agreements.
Section 57-3-660. The Department department may hard surface and otherwise improve such streets, roads and driveways, including sidewalks, at State state institutions as the Department department, together with the board of trustees or other governing body of any such State state institution, may deem necessary. The cost of such improvements shall be paid for out of the State state highway fund.
Section 57-3-670. The Department department shall may cooperate and enter into contracts with the United States Bureau of Public Roads and do any and all things necessary to carry out the provisions of the any Federal-Aid Highway Act mentioned in Section 57-1-20 and amendments thereto, including, but not limited to, the planning, construction, and maintenance of Federal-aid federal-aid highways, access roads, flight strips, and all other eligible projects, regardless of whether such projects are a part of the State state highway system and may condemn or otherwise acquire lands necessary for rights of way rights-of-way in connection therewith under the procedure prescribed by law in condemning and acquiring lands for State state highway purposes.
Section 57-3-680. If any such project to be constructed under the provisions of Section 57-3-670 is not a part of the State state highway system, no part of the actual costs of right of way rights-of-way, construction, or maintenance shall be paid for from State state highway funds. Any political subdivision having jurisdiction over a project not a part of the State state highway system shall deposit with the Department department its estimated share of the cost of such project before the contract is awarded, except that State state highway funds may be advanced to meet current payments to contractors and others when existing agreements provide for reimbursements by the Federal Government federal government of such funds advanced by the Department department. Article 13 of Chapter 5 of this Title title shall not apply to any project that is not a part of the State state highway system.
Section 57-3-690. Whenever the Department department shall with Federal federal funds, undertake the construction of any county road or shall, in anticipation of Federal federal funds becoming available for such purpose, establish the location of any such road, the lawfully authorized officials of the county concerned shall provide, without cost to the Department department, all necessary rights of way rights-of-way for such construction, including lands for borrow and material pits. In order to secure such rights of way rights-of-way and other necessary lands such county officials may exercise any or all of the usual powers of condemnation lawfully authorized to be exercised by them in the case of other county roads.
Section 57-3-700. With the approval of the Highways and Public Transportation Commission commission, the county officials may designate the Department department, acting through its agents and employees, as agents of the county in securing necessary rights-of-way and other lands.
Section 57-3-710. All payments to be made or obligated on account of rights of way rights-of-way and other lands acquired for the purposes contemplated by Section 57-3-690 shall be made by the county on order of the Department department. Any person having any claim on account of damages to property, injuries to person or death growing out of any such construction as is contemplated in said section shall have such right of action against the county concerned as is authorized by law, and the remedy thus afforded shall be exclusive.
Section 57-3-720. The South Carolina Department of Highways and Public Transportation department is authorized to construct and maintain street and road access facilities to State state ports shipping and warehousing facilities, airports, railroad marshalling yards and trucking terminals, the cost of same to be paid from the State state highway fund; provided, however, that all such construction and maintenance shall be limited to work on publicly owned property.
Section 57-3-730. The Department department may cooperate with any drainage district within the State, organized in accordance with the laws of the State, in order to carry drainage canals across State state highways. But the cost to be assumed by the Department department incident to any such crossing shall not exceed the actual cost of the structure necessary to carry the waters of the drainage canal across the State state highway.
Section 57-3-750. A full account of each road project shall be kept by the Department department so that it may ascertain at any time the expenditures or liabilities against all projects. The Department department shall also keep records of contracts and force account work. The account records, together with all supporting documents, shall be open at all times to the inspection of the Governor, or other proper State state officials, or their agents and the public.
Section 57-3-760. The department, at the beginning of each during each regular session of the General Assembly, shall make a full, printed, detailed report to the General Assembly showing an analysis of:
(1) the department's accomplishments in the past year;
(2) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system;
(3) a five-year plan detailing the regulation of traffic which includes the administration and enforcement of traffic, driver, and motor vehicle laws and other laws relating to such subjects, the coordination of state and federal programs relating to public transportation mass transportation among the departments, agencies, and other bodies politic and legally constituted agencies in the State;
(4) a listing of all firms, companies, or businesses of any type doing business with the department and the amount of such contracts entered into by the department; and
(5) an accounting aggregated by county of the receipts of gasoline taxes and motor vehicle license fees, disbursements of the department, and such other data as may be of interest in connection with the work of the department.
Section 57-3-770. The South Carolina Department of Highways and Public Transportation department when cleaning or removing dirt and topsoil from ditches or roadbeds along roads, highways, and highway rights-of-way under its jurisdiction is authorized to give this dirt and topsoil to the landowner whose property adjoins the road which is being cleaned. The Department department is further authorized to haul this dirt and topsoil to a location on the adjoining landowner's property which location is designated by him; provided, that this location must be within one hundred yards of the road being cleaned.
Section 57-3-780. Before building new or expanding existing primary highways, roads, and streets, the South Carolina Department of Highways and Public Transportation shall consider and make a written determination whether it is financially and physically feasible to include:
(1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area;
(2) pedestrian walkways or sidewalks; and
(3) bicycle lanes or paths. A copy of this determination must be submitted to the State Energy Office.
Section 57-3-790. The department may pay from state highway funds claims of employees of the department, arising under the provisions of the Workers' Compensation Law, which are recommended for payment by the department and have the approval of the Workers' Compensation Commission."
SECTION 6. 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 the department is required to make its annual budget request to the Budget and Control Board."
SECTION 7. Article 3, Chapter 11, Title 57 of the 1976 Code is amended to read:
"Section 57-11-210. The terms defined herein shall have the meanings hereinafter set forth:
(1) `Fiscal year' means the fiscal year upon which the affairs of the State of South Carolina are then being conducted. As of the date of this enactment it is that which begins on July first and ends on June thirtieth of the succeeding calendar year.
(2) `Fuel oil tax' shall mean the tax levied pursuant to Chapter 29, Title 12.
(3) `Gasoline tax' shall mean not less than 7.09 cents of the 8.09 cents per gallon tax imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 27 of Title 12, except Section 12-27-240. In the event that by legislation enacted subsequent to July 1, 1977, the tax imposed by Section 12-27-230 shall be increased to more than 8.09 cents per gallon, then in such event all of such increase shall be embraced within the definition `gasoline tax' as used in this section unless in the initial enactment subsequent to July 1, 1977, the General Assembly shall prescribe some other use for all or some portion of such increase in such tax.
(4) `Highway commission' `Commission' shall mean that agency of government now composed in accordance with the provisions of Articles 3 and 5 of Chapter 3, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the State Highway and Public Transportation Commission commission pursuant to the provisions of Chapter 3, Title 57.
(5) `Highway construction purposes' shall mean the construction of roads now or hereafter made a part of the State state highway system, or the reconstruction and improvement of highways now or hereafter made a part of the State state highway system.
(6) `Motor vehicle license tax' shall mean the annual tax imposed upon the owner of every motor and other vehicle pursuant to the provisions of Articles 5, 7, 21 and 25, Chapter 3, Title 56.
(7) `Road tax' shall mean the road tax imposed on motor carriers pursuant to Chapter 31, Title 12.
(8) `Sources of revenue' shall mean the gasoline tax, the fuel oil tax, the road tax, and the motor vehicle license tax.
(9) `State board' shall mean the State Budget and Control Board of South Carolina.
(10) `State highway bonds' shall mean all general obligation bonds of the State of South Carolina designated as State state highway bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.
Section 57-11-220. Whenever it shall become necessary that moneys be raised for highway construction purposes, or construction and equipment of headquarters administrative facilities, including moneys to be used to refund any State highway bonds then outstanding, the Highway and Public Transportation Commission may make request to the State Board for the issuance of State highway bonds pursuant to this article. Such request may be in the form of a resolution adopted at any regular or special meeting of the Highway and Public Transportation Commission. Such request shall set forth (on the face thereof or by schedules attached thereto):
(1) The amount then required for highway construction;
(2) A tentative time schedule setting forth the period of time during which the sum requested will be expended.
(3) A debt service table showing the annual principal and interest requirements for all State highway bonds then outstanding.
(4) The amount of revenues derived from each of the sources of revenue during the preceding fiscal year; and
(5) The amount as estimated by the Highway and Public Transportation Commission which will be derived from the sources of revenue during the then current and the next ensuing fiscal years during which it is expected that the State highway bonds then sought to be issued will be outstanding, but in estimating the amount to be derived from the sources of revenue the Highway and Public Transportation Commission shall not assume that the revenues for the then current fiscal year or any future fiscal year will be more than five percent in excess of the actual sums derived from the sources of revenue in the preceding fiscal year, nor that in the sixth or subsequent years there will be any increase over the estimated revenues for the fifth fiscal year following the last completed fiscal year.
State highway bonds issued for the purpose of highway construction or other such purposes of the department as the General Assembly may authorize shall be issued in accordance with the provisions of Chapter 17 of Title 11 of the 1976 Code, as amended, and Chapter 47 of Title 2 of the 1976 Code, as amended.
In addition to the requirements of Chapter 17 of Title 11 and Chapter 47 of Title 2 of the 1976 Code, the department shall, in each odd-numbered year, review the construction needs for the state highway programs. Upon conclusion of this review, the department shall recommend to the General Assembly, such projects for construction as it deems advisable to consider in the ensuing year. The department, in making its review and recommendations, may consider socioeconomic and transportation factors to include, but not be limited to:
(1) per capita employment;
(2) farm aces per square mile;
(3) per capita income;
(4) population per square mile;
(5) existing interstate and primary road mileage per square mile;
(6) average daily traffic (ADT);
(7) roadway width;
(8) shoulder width;
(9) surface width;
(10) gradient;
(11) curvature;
(12) sight distance;
(13) truck traffic;
(14) economic benefit.
Section 57-11-230. Following the receipt of any request pursuant to Section 57-11-220, the State Board shall review the same and to the extent that it shall approve such request, it shall be empowered, by resolution duly adopted, to effect the issuance of State highway bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Sections 11-17-10 to 11-17-110, as amended.
Section 57-11-240. The outstanding aggregate principal indebtedness on account of State The maximum annual debt service on general obligation bonds issued or outstanding as state highway bonds shall not exceed the debt service limits established in Article X, Section 13 of the South Carolina Constitution. one hundred fifty million dollars, exclusive of a maximum of seven million dollars of bonds that are hereby authorized for construction and equipment of headquarters administrative facilities. The limitation herein imposed shall not be deemed to be an obligation of the contract made between the State and the holders of bonds issued pursuant to this article, and the limitation herein imposed may be enlarged or reduced from time to time by acts amendatory hereof. Within such limitations State state highway bonds may be issued from time to time under the conditions prescribed by this article and as authorized under Section 2-7-105 of the 1976 Code, as amended.
Section 57-11-250. For the payment of the principal of and interest on all State state highway bonds (whether now outstanding or hereafter issued), there shall be pledged the full faith, credit and taxing power of the State of South Carolina and in addition thereto, but subject to the limitations hereafter set forth, all of the moneys derived from taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code the sources of revenue. All moneys realized from the sources of revenue which may be forthwith used by the State Treasurer, without further action of the Highway and Public Transportation Commission commission, for the payment of the principal and interest of State state highway bonds, as the same respectively mature.
Section 57-11-260. All revenue received from the sources of revenue during each fiscal year shall be discharged from the pledge made by Section 57-11-250 when payment, or provision for payment, has been made for all installments of principal or interest of all State highway bonds maturing in such fiscal year, and thereafter such moneys may be applied as hereinafter provided.
Section 57-11-270. The pledge of moneys monies derived from the sources of revenue set aside in the state highway bond fund shall not preclude the General Assembly from revising the quantum of any tax included in the sources of revenue, except that, so long as any State state highway bonds shall be outstanding, the gasoline tax shall be not less than the amount needed to fund the general operations budget of the department in addition to the tax levied and collected under the provisions of Section 12-27-1210 through 12-27-1240 of the 1976 Code, as amended greater of 5.67› per gallon, or the larger amount to which it shall be raised by legislation enacted subsequent to January 1, 1973, the fuel oil tax shall be not less than eight cents per gallon, the road tax not less than eight cents per gallon, and the schedule of motor vehicle license tax shall not be revised in such fashion as to reduce the aggregate to be received therefrom.
Section 57-11-280. In order to effect the issuance of bonds pursuant to this article, the State Board may adopt a resolution providing for the issuance of State state highway bonds and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver State state highway bonds in accordance with the terms and conditions of such resolution. Such resolution shall set forth the following:
(1) The the amount, denomination and numbering of State state highway bonds to be issued;
(2) The the date as of which the same shall be issued;
(3) The the maturity schedule for the retirement of such State state highway bonds;
(4) The the redemption provisions, if any, applicable to such bonds;
(5) The the maximum rate or rates of interest the bonds shall bear which shall not be in excess of that permitted by Act 423 of 1969 as now constituted or as hereafter amended;
(6) The the purposes for which the bonds are to be issued;
(7) The the occasion on which bids shall be received for the sale of such bonds;
(8) The the form of advertisement of sale;
(9) The the form of the bonds of the particular issue; and
(10) Such such other matters as may be deemed necessary in order to effect the sale, issuance and delivery thereof.
Such resolution shall further set forth a finding on the part of the State Board that the revenues credited to the state highway bond fund actual receipts, for the preceding fiscal year, from the sources of revenue equaled or exceeded one hundred fifty percent of the maximum annual debt service requirements for all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding and that the estimate made by the Highway and Public Transportation Commission commission and approved by the State Board indicates that collections from the sources of revenue in the then current and in applicable future fiscal years, will not be less than one hundred fifty percent of maximum annual interest and principal requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding.
Section 57-11-290. If following a presentation of a certified copy of the resolution of the State Board it shall appear to the satisfaction of the Governor and the State Treasurer that:
(a) The the amount of revenues derived from the sources of revenue, during the preceding fiscal year, did in fact exceed one hundred fifty percent of the maximum annual principal and interest requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding; and
(b) That the estimated collections from the sources of revenue in the then current and in applicable future fiscal years, will be not less than one hundred fifty percent of the maximum annual debt service requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding, then the Governor and State Treasurer shall be empowered to issue bonds in accordance with the request of the resolution of the State Board.
Section 57-11-300. State highway bonds shall be issued in such form and with such provisions as to time, place or places and medium of payment as may be determined by the State Board, subject to the provisions of this article.
Section 57-11-310. State highway bonds shall each be in the denomination of one thousand dollars or some multiple thereof.
Section 57-11-320. State highway bonds issued pursuant to this article may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered in his name on the books of the State Treasurer as to principal only, or as to both principal and interest, and such principal, or both principal and interest, as the case may be, thus made payable to the registered holder, subject to such conditions as the State Board may prescribe. State highway bonds so registered as to principal in the name of the holder may thereafter be registered as payable to bearer and made payable accordingly.
State highway bonds may also be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds shall be subject to transfer under such conditions as the State Board shall prescribe. Such fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this section.
Section 57-11-330. State highway bonds shall bear interest, payable on such occasions as shall be prescribed by the State Board, at a rate or rates not exceeding the maximum prescribed by Act No. 423 of 1969, as such act is now constituted or as such act may hereafter be constituted following amendment or revision thereof. Each issue of State state highway bonds shall mature in annual series or installments, the first of which annual series or installments shall mature not more than two years after the date of the bonds and the last of which shall mature not more than twenty-five thirty years after such date. Such installments or series may be equal or unequal in amount. State highway bonds may, in the discretion of the State Board, be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. State highway bonds shall not be redeemable before maturity unless they contain a statement to that effect.
Section 57-11-340. All State state highway bonds issued under this article, and the interest thereon, shall be exempt from all State state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by the State of South Carolina, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate or transfer taxes.
Section 57-11-350. All state highway bonds issued under this article must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. All coupons that may be attached to state highway bonds must be authenticated by facsimile signature of the State Treasurer who is in office on the date which the state highway bonds bear or on the date on which the state highway bonds are converted into coupon bonds. State highway bonds so executed and authenticated are valid notwithstanding any changes in officers or seal occurring after the execution or authentication.
Section 57-11-360. State highway bonds may be privately placed as an investment of the State Retirement System, if the terms and conditions of such disposition shall be approved by resolution duly adopted by the State Board.
Otherwise, State state highway bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of State state or municipal bonds. The bonds shall be awarded to the highest bidder at a price of not less than par and accrued interest to the date of delivery, but the right shall be reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.
For the purpose of bringing about successful sales of such bonds, the State Board may do all things ordinarily and customarily done in connection with the sale of State state or municipal bonds. All expenses incident to the sales of such bonds shall be paid from the proceeds of the sale of such bonds.
Section 57-11-370. It shall be lawful for all executors, administrators, guardians, and other fiduciaries and all sinking fund commissions, including the State Budget and Control Board of South Carolina in its capacities as trustee of the funds of the South Carolina Retirement System and as manager and administrator of other State state sinking funds, to invest any moneys monies in their hands in State state highway bonds.
Section 57-11-380. The proceeds of the sale of State state highway bonds shall be received by the State Treasurer and applied by deposited to the credit of the state highway bond fund account him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no wise be liable for the proper application of the proceeds to the purposes for which they are intended.
Section 57-11-390. The proceeds derived from the sale of State state highway bonds shall be applied only to the purposes for which the bonds are issued.
Section 57-11-400. There is established a separate and distinct state highway bond fund and a state highway bond fund debt service account. The revenue derived from the tax levied by Section 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be remitted to the State Treasurer to be credited to the state highway bond fund debt service account. The state highway bond fund and the state highway bond fund debt service account must be separate and distinct from the state general fund and other highway funds. The proceeds of all issuances of state highway bonds must be deposited to and must remain part of the state highway bond fund. All earnings on investments of any monies deposited to the credit of the state highway bond fund and the state highway bond fund debt service account must accrue to and be deposited in the respective account. Money from the state highway bond fund may be expended only for the purposes delineated in the resolution authorizing the issuance. The State Highways and Public Transportation Commission commission is authorized to make a request to the State Budget and Control Board for the authority to issue up to one hundred twenty-five million dollars in additional bonds pursuant to the this chapter provisions of Article 3, Chapter 11, Title 57 of the 1976 Code to be used exclusively for the Strategic Highway Plan for Improving Mobility and Safety Program. and These these bonds must be retired over a twenty-year thirty-year period from revenue generated by the additional taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code."
SECTION 8. Section 12-27-400 of the 1976 Code of Laws is amended to read:
"Section 12-27-400. The monies collected by the Commission commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of `C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the county council members legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which `C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent `C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using `C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent. The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent `C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel. The expenditure of funds known as `C' construction funds must have the approval of a majority of the county council members legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of `C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county. Each county council legislative delegation must be notified by the department no later than July 30 thirtieth of each year as to the balance of any unexpended C `C' funds from the previous fiscal year. All unexpended C `C' fund monies must remain in that account for the succeeding fiscal year and must be expended as provided for in this section."
SECTION 9. 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 Highway Bond Fund. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.
SECTION 10. Sections 12-27-1260, 12-27-1280, and 12-27-1300 are repealed.
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 must issue this written report to the Joint Bond Review Committee and the Budget and Control Board. All funds not approved by the commission for the continuation of construction projects shall be transferred to the highway bond fund as established in Section 57-11-400 and all funds approved by the commission for the continuation of construction projects shall be transferred to the state highway fund to be used for the completion of such projects.
SECTION 12. Section 2-7-105 of the 1976 Code is amended to read:
"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in odd-numbered years. State highway bonds may be authorized by the General Assembly in even-numbered years."
SECTION 13. Item (a) of Section 11-17-10 of the 1976 Code is amended to read:
"(a) The term `bonds' shall mean general obligation bonds payable from ad valorem taxes, general obligation bonds additionally secured by any pledge of any assessments, or any pledge of revenues derived by the borrower from any revenue-producing facility, bonds payable solely from the revenues of any revenue-producing facility, and bonds payable solely from any assessments. The term `bonds' shall also include state highway bonds as defined pursuant to the provisions of item (10) of Section 57-11-210 of the 1976 Code, as amended."
SECTION 14. Chapter 27, Title 12 of the 1976 Code is amended by adding:
"Section 12-27-35. The commission, in addition to other reporting requirements of this chapter, shall require that the taxes imposed pursuant to Chapter 27 of Title 12 be collected, reported, and aggregated by county. This information must be submitted to the commission on forms prescribed by the commission in conjunction with reports that are submitted pursuant to Section 12-27-30."
SECTION 15. Wherever the term Department of Highways and Public Transportation appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean Department of Transportation. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.
SECTION 16. Wherever the term Executive Director appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean Secretary of Transportation. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.
SECTION 17. To minimize the cost in implementing the provisions of this bill, the department must utilize to the extent practicable rather than discard any supplies, materials, or other items which bear a reference to the department or a division of the department which must be renamed pursuant to this bill. For items which have a useful life of more than five years, the department shall implement a program which requires the phase-in of any new name or logo which may be compelled by the provisions of this bill.
SECTION 18. Any member of the South Carolina Department of Highways and Public Transportation Commission whose term does not expire before the effective date of this act shall continue to serve until the expiration of their term of office.
SECTION 19. This act takes effect upon approval by the Governor.