Reference is to Printer's Date 04/14/15-H.
Amend the bill, as and if amended, by striking Part 2 and inserting:
SECTION 1. Section 1-30-10(B) of the 1976 Code, as last amended by Act 121 of 2014, is further amended to read:
"(B)(1)
The governing authority of each department
shall be is:
( i)
a director or a secretary, who must be appointed by the
Governor with the advice and consent of the Senate, subject to
removal from office by the Governor pursuant to provisions of
Section 1-3-240(B); or
(ii)
a board to be appointed and constituted in a manner
provided for by law; or
(iii)
in the case of the Department of Agriculture and the
Department of Education, the State Commissioner of Agriculture
and the State Superintendent of Education, respectively, elected
to office under the Constitution of this State; or
(iv)
in the case of the Department of Transportation, a
seven member commission constituted in a manner provided by law,
and a Secretary of Transportation appointed by and
serving at the pleasure of the Governor.
(2)
In making an appointment for a governing authority of a
department, race, gender, and other demographic factors should
be considered to assure nondiscrimination, inclusion, and
representation to the greatest extent possible of all segments
of the population of this State; however, consideration of these
factors in no way creates a cause of action or basis for an
employee grievance for a person appointed or for a person who
fails to be appointed. The Governor in making the appointments
provided for by this section shall endeavor to appoint
individuals who have demonstrated exemplary managerial skills in
either the public or private sector."
SECTION 2. Section 1-30-105 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 1-30-105.
(A) Effective on July 1, 1993,
the following agencies, boards, and commissions, including all
of the allied, advisory, affiliated, or related entities as well
as the employees, funds, property, and all contractual rights
and obligations associated with any such agency, except for
those subdivisions specifically included under another
department, are hereby transferred to and incorporated in and
shall be administered as part of the Department of
Transportation to be initially divided into divisions for Mass
Transit, Construction and Maintenance, Engineering and Planning,
and Finance and Administration; however, the State Highway
Commission as constituted on June 30, 1993, under the provisions
of Title 56, shall be the governing authority for the department
until February 15, 1994, or as soon as its successors are
elected or appointed and qualified, whichever is later.
Department of Highways and Public
Transportation, except the Motor Vehicle Division, which was
established as the Department of Motor Vehicles by Section
56-1-5, and the State Highway Patrol, formerly provided for at
Section 56-1-10, et seq.
(B)
Notwithstanding another provision of law, effective
July 1, 2015, the governing authority of the Department of
Transportation is the Secretary of Transportation as provided in
Section 57-1-410."
SECTION 3. Section 1-3-240(C)(1) of the 1976 Code, as last amended by Act 224 of 2014, is further amended to read:
"(1) Persons
appointed to the following offices of the State may be removed
by the Governor for malfeasance, misfeasance, incompetency,
absenteeism, conflicts of interest, misconduct, persistent
neglect of duty in office, or incapacity:
(a)
Workers' Compensation Commission;
(b)
Department of Transportation Commission;
Reserved;
(c)
Ethics Commission;
(d)
Election Commission;
(e)
Professional and Occupational Licensing Boards;
(f)
Juvenile Parole Board;
(g)
Probation, Parole and Pardon Board;
(h)
Director of the Department of Public Safety;
( i)
Board of the Department of Health and Environmental
Control, excepting the chairman;
(j)
Chief of State Law Enforcement
Division;
(k)
South Carolina Lottery Commission;
(l)
Executive Director of the Office of
Regulatory Staff;
(m)
Directors of the South Carolina Public Service Authority
appointed pursuant to Section 58-31-20. A director of the South
Carolina Public Service Authority also may be removed for his
breach of any duty arising under Section 58-31-55 or 58-31-56.
The Governor must not request a director of the South Carolina
Public Service Authority to resign unless cause for removal, as
established by this subsection, exists. Removal of a director of
the South Carolina Public Service Authority, except as is
provided by this section or by Section 58-31-20(A), must be
considered to be an irreparable injury for which no adequate
remedy at law exists;
(n)
State Ports Authority; and
(o)
State Inspector General.
Subsection effective upon contingency.
(p)
State Adjutant General."
SECTION 4. Section 11-43-140 of the 1976 Code is amended to read:
"Section 11-43-140.
The board of directors is the governing board of the bank.
The board consists of seven voting directors as follows: the
Chairman Secretary of the Department of
Transportation Commission, ex officio; one
director appointed by the Governor who shall serve as chairman;
one director appointed by the Governor; one director appointed
by the Speaker of the House of Representatives; one member of
the House of Representatives appointed by the Speaker, ex
officio; one director appointed by the President Pro Tempore of
the Senate; and one member of the Senate appointed by the
President Pro Tempore of the Senate, ex officio. Directors
appointed by the Governor, the Speaker, and the President Pro
Tempore shall serve terms coterminous with those of their
appointing authority. The terms for the legislative members are
coterminous with their terms of office. The vice chairman must
be elected by the board. Any person appointed to fill a vacancy
must be appointed in the same manner as the original appointee
for the remainder of the unexpired term."
SECTION 5. Section 57-1-10 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-10.
For the purposes of this title, the following words,
phrases, and terms are defined as follows:
(1)
'Commission' means the administrative and
governing authority of the Department of Transportation.
(2)
'Department' means the Department of Transportation (DOT).
(3)(2)
'Secretary of Transportation' means the Chief
Administrative Officer of the Department of
Transportation."
SECTION 6. Section 57-1-40 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-40.
(A) It is unlawful for a
member of the commission or an engineer, agent, or
other employee, acting for or on behalf of the department
or commission, to accept or agree to accept,
receive or agree to receive, or ask or solicit, either directly
or indirectly, with the intent to have his decision or action on
any question, matter, cause, or proceeding which at the time may
be pending or which by law may be brought before him in his
official capacity or in his place of trust or profit influenced,
any:
(1)
money;
(2)
contract, promise, undertaking, obligation, gratuity, or
security for the payment of money or for the delivery or
conveyance of anything of value;
(3)
political appointment or influence, present, or reward;
(4)
employment; or
(5)
other thing of value.
A person violating the provisions of
subsection (A) is guilty of a felony and, upon conviction, must
be imprisoned not more than five years and is disqualified
forever from holding any office of trust or profit under the
Constitution or laws of this State.
(B) It is unlawful for
a person to give or offer to give, promise, or cause or procure
to be promised, offered, or given, either directly or
indirectly, to a member of the commission or an
engineer, agent, or other employee acting for or on behalf of
the commission or department with the intent to
have his decision or action on any question, matter, cause, or
proceeding which at the time may be pending or which by law may
be brought before him in his official capacity or in his place
of trust or profit influenced, any:
(1)
money;
(2)
contract, promise, undertaking, obligation, gratuity, or
security for the payment of money or for the delivery or
conveyance of anything of value;
(3)
political appointment or influence, present, or reward;
(4)
employment; or
(5)
other thing of value.
A person violating the provisions of
subsection (B) is guilty of a felony and, upon conviction, must
be imprisoned not more than five years and is disqualified
forever from holding any office of trust or profit under the
Constitution or laws of this State.
(C) The members
and employees of the commission and employees of the
department are subject to the provisions of Chapter 13, Title 8,
the State Ethics Act, and the provisions of Chapter 78, Title
15, the South Carolina Tort Claims Act."
SECTION 7. Section 57-1-410 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-410.
The Governor shall appoint, with the advice and consent of
the Senate, a Secretary of Transportation who shall serve at
the his pleasure of the
Governor. A person appointed to this position shall
possess practical and successful business and executive ability
and be knowledgeable in the field of transportation. The
Secretary of Transportation shall receive such compensation as
may be established under the provisions of Section 8-11-160 and
for which funds have been authorized in the general
appropriations act."
SECTION 8. Section 57-1-430 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-430.
(A) The secretary is charged with the
affirmative duty to carry out the policies of the
commission department, and to
administer the day-to-day affairs of the department, to direct
the implementation of the Statewide Transportation Improvement
Program and the Statewide Mass Transit Plan, and to ensure the
timely completion of all projects undertaken by the department,
and routine operation and maintenance requests, and emergency
repairs. He must represent the department in its dealings with
other state agencies, local governments, special districts, and
the federal government. The secretary must prepare an annual
budget for the department that must be approved by the
commission before becoming effective and submit
annually to the General Assembly an itemized project list to be
funded for the fiscal year in which the General Assembly would
enact in its annual general appropriations act.
(B) For each division,
the secretary may employ such personnel and prescribe their
duties, powers, and functions as he considers necessary and as
may be authorized by statute and for which funds have been
authorized in the annual general appropriations act."
SECTION 9. Section 57-1-490 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 57-1-490.
(A) The department
shall must be audited by a certified
public accountant or firm of certified public accountants once
each year to be designated by the State Auditor. The designated
accountant or firm of accountants shall issue audited financial
statements in accordance with generally accepted accounting
principles, and such financial statements shall be made
available annually by October fifteenth to the General Assembly.
The costs and expenses of the audit must be paid by the
department out of its funds.
(B) The Materials
Management Office of the State Budget and Control Board annually
must audit the department's internal procurement operation to
ensure that the department has acted properly with regard to the
department's exemptions contained in Section 11-35-710. The
audit must be performed in accordance with applicable state law,
including, but not limited to, administrative penalties for
violations found as a result of the audit. The results of the
audit must be made available by October fifteenth to the
Department of Transportation Commission, the Department
of the Transportation's chief internal auditor, the Governor,
the chairmen of the Senate Finance and Transportation
Committees, and the chairmen of the House of Representatives
Ways and Means and Education and Public Works Committees. The
costs and expenses of the audit must be paid by the department
out of its funds.
(C)
The Legislative Audit Council shall contract for an
independent performance and compliance audit of the department's
finance and administration division, mass transit division, and
construction engineering and planning division. This audit must
be completed by January 15, 2010. The Legislative Audit Council
may contract for follow-up audits or conduct follow-up audits as
needed based upon the audit's initial findings. The costs of
these audits, including related administrative and management
expenses of the Legislative Audit Council, are an operating
expense of the department. The department shall pay directly to
the Legislative Audit Council the cost of the audits.
(D)(C)
Copies of every audit conducted pursuant to this
section must be made available to the Department of
Transportation Commission, the Department of
Transportation Transportation's chief
internal auditor, the Governor, the Chairmen of the Senate
Finance and Transportation Committees, and the Chairmen of the
House of Representatives Ways and Means and Education and Public
Works Committees."
SECTION 10. Section 57-3-20(1) of the 1976 Code as last amended by Act 206 of 2010, is further amended to read:
"(1) division
deputy director for finance and administration:
(a)
financial planning and management;
(b)
accounting systems necessary to comply with all federal
and/or state laws and/or regulations as well as all policies
established by the Comptroller General; and
(c)
administrative functions, including recording
proceedings of the commission and developing policy and
procedures to ensure compliance with these policies and
procedures;"
SECTION 11. Section 57-3-50 of the 1976 Code is amended to read:
"Section 57-3-50.
The commission department may
establish such highway districts as in its opinion shall
be are necessary for the proper and efficient
performance of its duties. The commission
department, every ten years, must review the number of
highway districts and the territory embraced within the
districts and make such changes
as that may be necessary for the proper
and efficient operation of the districts."
SECTION 12. Section 57-1-500 of the 1976 Code, as added by Act 114 of 2007, is amended to read:
"Section 57-1-500.
The secretary must provide for a workshop of at least two
biennial contact hours concerning ethics and the Administrative
Procedures Act for the commissioners, the
secretary, the chief internal auditor, and senior management
employees of the Department of Transportation; and a biennial
ethics workshop of at least two contact hours for all other
department employees."
SECTION 13. Article 3, Chapter 1, Title 57, Section 57-1-460, Section 57-1-470, Article 7, Chapter 1, Title 57 and Sections 6, 7, and 8 of Act 114 of 2007 are repealed. /
Renumber sections to conform.
Amend title to conform.