Reference is to Printer's Date 3/9/16--S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited the "Department of Transportation Accountability Act".
SECTION 2. Effective July 1, 2016, the Commission of the Department of Transportation is abolished and its functions, powers, duties, responsibilities, and authority are devolved upon the Secretary of the Department of Transportation unless otherwise provided for in this act.
SECTION 3. Section 1-30-10(B)(1)(iv) of the 1976 Code, as last amended by Part IV, Section 6, Act 121 of 2014, is further amended to read:
"(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."
SECTION 4. 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, 2016, the governing authority of the Department of
Transportation is the Secretary of Transportation as provided in
Section 57-1-410."
SECTION 5. Section 1-3-240(C)(1)(b) of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"(b)
Department of Transportation Commission
Reserved;"
SECTION 6. 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 7. 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 8. 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 official, 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 official, 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 Any official or employee of
the department are is 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 9. A. Section 57-1-360 of the 1976 Code, as added by Act 114 of 2007, is amended to read:
"Section 57-1-360.
(A) The commission must
appoint a State Inspector General shall employ an
individual to serve as the chief internal auditor of the
department, and other professional, administrative,
technical, and clerical personnel as the
commission State Inspector General
determines to be necessary in the proper discharge of
the commission's duties and responsibilities provided by
law. The commission State Inspector
General also must provide professional, administrative,
technical, and clerical personnel, as the
commission State Inspector General
determines to be necessary, for the chief internal auditor to
properly discharge his duties and responsibilities authorized by
the commission State Inspector General
or provided by law. Except as otherwise provided, any employees
hired pursuant to this section shall serve at the pleasure of
the commission State Inspector
General.
(B)(1) The
chief internal auditor shall serve for a term of four years and
may be removed by the commission only for malfeasance,
misfeasance, incompetency, absenteeism, conflicts of interest,
misconduct, persistent neglect of duty in office, or
incapacity. The chief internal auditor must be a
Certified Public Accountant and possess any other experience the
commission State Inspector General may
require. The chief internal auditor must establish, implement,
and maintain the exclusive internal audit function of all
departmental activities. The commission
State Inspector General shall set the salary for the
chief internal auditor as allowed by statute or applicable
law.
(2)
The audits performed by the chief internal auditor must
comply with recognized governmental auditing standards. The
department and any entity contracting with the department must
fully cooperate with the chief internal auditor in the discharge
of his duties and responsibilities and must timely produce all
books, papers, correspondence, memoranda, and other records
considered necessary in connection with an internal audit. All
final audit reports must be submitted to the commission and the
chairman of the Senate Transportation Committee, the chairman of
the Senate Finance Committee, the chairman of the House of
Representatives Education and Public Works Committee, and the
chairman of the House of Representatives Ways and Means
Committee before being made public.
(3)
The commission State Inspector
General is vested with the exclusive management and control
of the chief internal auditor.
(C) The department, at
its own expense, must provide appropriate office space within
its headquarters, building, and facility service, including
janitorial, utility and telephone services, computer and
technology services, and related supplies, for the chief
internal auditor and his support staff."
B. (A) The chief
internal auditor of the Department of Transportation and all
associated support staff, and all authorized appropriations
associated with the chief internal auditor and associated
support staff are transferred to and become part of the State
Inspector General's Office. The chief internal auditor of the
Department of Transportation and all associated support staff,
whether classified or unclassified personnel, employed by the
Department of Transportation on the effective date of this act,
either by contract or by employment at will, shall become
employees of the State Inspector General's Office, with the same
compensation, classification, and grade level, as
applicable.
(B) The chief internal
auditor of the Department of Transportation on June 30, 2016,
shall continue to serve until the State Inspector General
employs a successor. Nothing in this section shall prevent the
State Inspector General from retaining the chief internal
auditor of the Department of Transportation as of June 30, 2016,
pursuant to the provisions of this SECTION.
SECTION 10. Section 57-1-370 of the 1976 Code, as added by Act 114 of 2007, is amended to read:
"Section 57-1-370.
(A) The commission
department must develop the long-range Statewide
Transportation Plan, with a minimum twenty-year forecast period
at the time of adoption, that provides for the development and
implementation of the multimodal transportation system for the
State. The plan must be developed in a manner consistent with
all federal laws or regulations and in consultation with all
interested parties, particularly the metropolitan planning
organizations and the nonmetropolitan planning organization area
local officials. The plan may be revised from time to time as
permitted by and in the manner required by federal laws or
regulations.
(B) Concerning the
development, content, and implementation of the Statewide
Transportation Improvement Program, the
commission department must:
(1)
develop a process for consulting with nonmetropolitan
local officials, with responsibility for transportation, that
provides an opportunity for their participation in the
development of the long-range Statewide Transportation Plan and
the Statewide Transportation Improvement Program;
(2)
approve the Statewide Transportation Improvement Program
and ensure that it is developed pursuant to federal laws and
regulations and approve an updated Statewide Transportation
Improvement Program from time to time as permitted by and in the
manner required by federal laws or regulations;
(3)
develop and revise the transportation plan for inclusion
in the Statewide Transportation Improvement Program, for each
nonmetropolitan planning area in consultation with local
officials with responsibility for transportation;
(4)
work in consultation with each metropolitan planning
organization to develop and revise a transportation improvement
program for each metropolitan planning area;
(5)
select from the approved Statewide Transportation
Improvement Program the transportation projects undertaken in
nonmetropolitan areas in consultation with the affected
nonmetropolitan local officials with responsibility for
transportation;
(6)
select projects to be undertaken, in consultation with
each metropolitan planning organization, from the metropolitan
planning organization's approved transportation improvement plan
in metropolitan areas not designated as a transportation
management area;
(7)
consult with each metropolitan planning organization, in
metropolitan areas designated as transportation management
areas, concerning the projects selected to be undertaken from
the approved transportation improvement program and in
accordance with the priorities approved by the transportation
improvement program; and
(8)
when selecting projects to be undertaken from
nontransportation management area metropolitan planning
organizations' transportation improvement programs, or selecting
the nonmetropolitan area projects to be undertaken that are
included in the Statewide Transportation Improvement Program,
and when consulting with metropolitan planning organizations
designated as transportation management areas, the
commission department shall establish a
priority list of projects to the extent permitted by federal
laws or regulations, taking into consideration at least the
following criteria:
(a)
financial viability including a life cycle analysis of
estimated maintenance and repair costs over the expected life of
the project;
(b)
public safety;
(c)
potential for economic development;
(d)
traffic volume and congestion;
(e)
truck traffic;
(f)
the pavement quality index;
(g)
environmental impact;
(h)
alternative transportation solutions; and
(i)
consistency with local land use plans.
(C)(1) To the extent
that state funds are available to address the needs of the state
highway system, the commission
department must develop a comprehensive plan specifying
objectives and performance measures for the preservation and
improvement of the existing system. The projects included in
this plan must be supported solely by state funds including the
Nonfederal Aid Highway Fund or other state revenue source. When
developing the plan required by this subsection, the
commission department must consider, but
is not limited to considering, the criteria in subsection
(B)(8).
(2)
When state funding is programmed for a project selected
from the plan to be undertaken, the department may use federal
law, regulations, or guidelines relevant to the type of project
being undertaken to be eligible for federal matching funds.
(D) To the extent
permitted by federal laws or regulations, the
commission department has the authority
to award all federal enhancement grants. Annually, the
commission department must submit a
report to the chairman of the Senate Transportation Committee,
the chairman of the Senate Finance Committee, the chairman of
the House of Representatives Ways and Means Committee, and the
chairman of the House of Representatives Education and Public
Works Committee describing the number of federal enhancement
grants that were awarded and the recipients of the federal
enhancement grants.
(E) The
commission secretary must give
its prior authorization to any consulting
contracts advertised for or awarded by the department and
authorize the selection of consultants by department
personnel.
(F) Roads may not be
added to or removed from the state highway system without prior
authorization from the commission
secretary.
(G) The department
shall conduct a public hearing in each county in which a public
hearing is required by federal regulations to allow the
department to share information regarding the project with the
local community and to allow the local community to address its
concerns with department officials. The hearing must include the
opportunity for members of the public to address a hearing
officer in a format in which comments can be heard by the
general public.
(H) The department
shall promulgate, by regulation, procedures not inconsistent
with federal laws for applying the criteria contained in
subsection (B)(8) for prioritizing projects.
(I)
The department may not sell surplus property
without prior authorization from the commission.
(J)
The commission must approve the department's
annual budget.
(K)
The department may not dedicate or name highway
facilities without prior authorization from the commission.
(L)
The department may not enter into any contract
with a value in excess of five hundred thousand dollars without
the prior authorization of the commission.
(M)(I)
The commission
secretary shall give prior approval to any additional
contracts the department wishes to be entered into during a
fiscal year with an entity that has already received individual
contracts during that fiscal year that in the aggregate value
are at least five hundred thousand dollars.
(N)
Any request made for resurfacing, installation of
new signals, curb cuts on primary roads, bike lanes, or
construction projects under ten million dollars must be reviewed
and approved by the commission who certify that the request is
needed based upon objective and quantifiable factors before work
may proceed.
(O)
The commission shall have any other rights,
duties, obligations, or responsibilities as provided by
law."
SECTION 11. Section 57-1-430(A) of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"(A) The secretary
is charged with the affirmative duty to establish and
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
The secretary 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."
SECTION 12. 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 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 13. Section 57-3-20(1)(c) of the 1976 Code, as last amended by Act 206 of 2010, is further amended to read:
"(c)
administrative functions, including recording
proceedings of the commission and developing policy and
procedures to ensure compliance with these policies and
procedures;"
SECTION 14. 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 15. 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 16. Section 57-1-90(A) of the 1976 Code, as added by Act 148 of 2014, is amended to read:
"(A) In
formulating transportation policy, promulgating regulations,
allocating funds, and planning, designing, constructing,
equipping, operating and maintaining transportation facilities,
no action of the South Carolina Transportation
Commission secretary, or the South Carolina
Department of Transportation shall have the effect of
discriminating against motorcycles, motorcycle operators, or
motorcycle passengers. No regulation or action of the
commission secretary, or department
shall have the effect of enacting a prohibition or imposing a
requirement that applies only to motorcycles or motorcyclists,
and the principal purpose of which is to restrict or inhibit
access or motorcycles and motorcyclists to any highway, bridge,
tunnel, or other transportation facility."
SECTION 17. Section 57-3-210(A) of the 1976 Code, as added by Act 206 of 2010, is amended to read:
"(A) The
department is authorized to utilize public transit funds to
contract directly with private operators of public transit
systems to provide service to the general public, provided that
the private operators have established a plan of service that
has been approved by the local governmental entity that has
jurisdiction over the area to be served, the department,
the commission, and the federal
government."
SECTION 18. Section 57-3-700 of the 1976 Code is amended to read:
"Section 57-3-700.
With the approval of the commission
Secretary of Transportation, the county officials may
designate the department, acting through its agents and
employees, as agents of the county in securing necessary
rights-of-way and other lands."
SECTION 19. Section 57-5-10 of the 1976 Code, as last amended by Act 98 of 2013, is further amended to read:
"Section 57-5-10.
The state highway system shall consist of a statewide
system of connecting highways that shall be constructed to the
Department of Transportation's standards and that shall be
maintained by the department in a safe and serviceable condition
as state highways. The department may utilize funding sources
including, but not limited to, the State Non-Federal Aid Highway
Fund and the State Highway Fund as established by Section
57-11-20 in carrying out the provisions of this section. The
complete state highway system shall mean the system of state
highways as now constituted, consisting of the roads, streets,
and highways designated as state highways or designated for
construction or maintenance by the department pursuant to law,
together with the roads, streets, and highways added to the
state highway system by the Commission of the
Department Secretary of Transportation, and the
roads, streets, and highways that may be added to the system
pursuant to law. Roads and highways in the state highway system
are classified into three classifications:
(1) interstate system
of highways;
(2) state highway
primary system; and
(3) state highway
secondary system."
SECTION 20. Section 57-5-50 of the 1976 Code is amended to read:
"Section 57-5-50.
The commission Secretary of
Transportation may transfer any route or section of route
from the state highway secondary system to the state highway
primary system, or vice versa, when, in its
the secretary's judgment, such transfer is advisable to
better serve the traveling public."
SECTION 21. Section 57-5-90 of the 1976 Code is amended to read:
"Section 57-5-90.
The commission department may
establish such belt lines or spurs as it deems proper and
construct and maintain such belt lines and spurs from funds
otherwise provided by law for the construction and maintenance
of the state highway system, but the total length of such belt
lines and spurs to be established or constructed in any county
shall not exceed two miles in any one fiscal year; provided,
that should the commission department
fail to establish belt lines or spurs during a fiscal year the
allocation to the counties shall be continued from year to year
and the mileage shall be cumulative. Provided, further, that
any mileage that accumulated prior to June 30, 1972, under this
section shall remain to the credit of the county to which it
accumulated."
SECTION 22. Section 57-5-310 of the 1976 Code is amended to read:
"Section 57-5-310.
The commission and the Department of
Transportation may own such real estate, in fee simple or by
lease, as shall be deemed necessary for the purpose of
facilitating the proper operation of the department or for the
building and maintenance of the public highways in the state
highway system."
SECTION 23. Section 57-5-340 of the 1976 Code is amended to read:
"Section 57-5-340.
The department shall continuously inventory all of its
real property. When, in the judgement of the department any real
estate acquired as provided in this chapter is no longer
necessary for the proper operation of the department or highway
systems, the department shall vigorously attempt to sell the
property by advertising for competitive bids in local newspapers
or by direct negotiations, but in every case of the sale or
transfer of any real estate by the commission or
the department, the sale or transfer shall be made
public by publishing notice of it in the minutes of the
next succeeding meeting of the commission on the
website maintained by the department. The commission
and the department shall convey by deed, signed by the
Secretary of the Department of Transportation and the Deputy
Director of the Division of Finance and Administration, any real
estate disposed of under this section. Any funds derived from
the sale of surplus property by authority of this section shall
be credited to the funding category from which funds were drawn
to finance the department's acquisition of the property.
However, any funds derived from the sale of
right-of-way right of way, which the
department has purchased, in excess of the department's cost
shall be distributed among the counties as 'C' funds pursuant to
Section 12-28-2740."
SECTION 24. Section 57-5-1350 of the 1976 Code is amended to read:
"Section 57-5-1350.
Whenever it becomes necessary that monies be raised for a
turnpike facility, the commission Secretary
of Transportation may make request to the state board for
the issuance of turnpike bonds. The request may be in
the form of resolution adopted at any regular or special meeting
of the commission. The request shall set forth on the
face thereof or by schedule attached thereto:
1.
the turnpike facility proposed to be constructed;
2.
the amount required for feasibility studies, planning,
design, right-of-way right of way
acquisition, and construction of the turnpike facility;
3.
a tentative time schedule setting forth the period of time
for which the sum request must be expended;
4.
a debt service table showing the estimated annual
principal and interest requirements for the requested turnpike
bonds;
5.
any feasibility study obtained by the
commission department relating to the
proposed turnpike facility;
6.
the commission's department's
recommendations relating to any covenant to be made in the bond
resolution of the state board respecting competition between the
proposed turnpike facility and possible future highways whose
construction would have an adverse effect upon the turnpike
revenues which would otherwise be derived by the proposed
turnpike facility."
SECTION 25. Sections 57-13-10 and 57-13-20 of the 1976 Code are amended to read:
"Section 57-13-10.
The commission Secretary of
Transportation may cooperate and negotiate with the proper
authorities of adjoining states in the construction, purchase,
acquisition and maintenance of bridges constructed or to be
constructed across streams which constitute boundaries between
this State and such adjoining states and may expend for such
purposes not exceeding one half of the total cost of such
bridges and approaches thereto and bear a proportionate part of
the maintenance thereof, such expenditures to be made from the
funds available for the construction and maintenance of highways
and bridges in the state highway system.
Section 57-13-20. Any
county may, with the approval of the Commission
department, provide the funds necessary for participation
in the construction, purchase or acquisition of any such bridge
as is described in Section 57-13-10 and shall be entitled to
reimbursement therefor under the provisions of Article 1,
of Chapter 11 of this
Title."
SECTION 26. Sections 57-13-40 and 57-13-50 of the 1976 Code are amended to read:
"Section 57-13-40.
The commission department may
permit any person, county or municipality, or any combination
thereof, to construct toll bridges and appertaining structures
suitable for highway traffic on any roads of the state highway
system. But before any such permit is issued an agreement
satisfactory to the Department of Transportation must be
executed by the person receiving such permit fixing conditions
under which the bridge is to be constructed, the character and
design of the structure, the rate of toll to be charged traffic
using it and the terms according to which it can be acquired by
the State or counties concerned.
Section 57-13-50. No
permit shall be issued by the Commission
department under the authority of Section 57-13-40 except
after advertisement of all the terms and conditions affecting
such permit in at least five daily newspapers of this State and
after the county legislative delegation of every county directly
adjacent to the bridge has been given formal notice, describing
such terms and conditions, and has approved such terms and
conditions."
SECTION 27. Section 57-25-120(4)(d) of the 1976 Code is amended to read:
"(d) land on the
opposite side of a nonfreeway primary highway which is
designated scenic by the commission
department."
SECTION 28. Section 57-25-140(D)(4) and (J) of the 1976 Code is amended to read:
"(4) scenic areas
designated by the commission department
or other state agency having and exercising that authority.
(J) Signs permitted
under items (1), (2), (3), and (4) of subsection (A) must comply
with the regulations promulgated by the
commission department in accordance with
uniform national standards."
SECTION 29. Section 57-25-150(A) and (D) of the 1976 Code is amended to read:
"(A) The
commission department shall issue
permits for the erection and maintenance of outdoor advertising
signs coming within the exceptions contained in items (1), (2),
and (3) of subsection (A) of Section 57-25-140, consistent with
the safety and welfare of the traveling public necessary to
carry out the policy of the State declared in this article and
consistent with the national standards promulgated by the
Secretary of Transportation or other appropriate federal
official pursuant to Title 23, United States Code.
The commission
department also shall promulgate regulations governing
the issuance of the permits and standards for size, spacing, and
lighting of the signs and their messages.
(D) The
commission department shall promulgate
regulations governing the issuance of permits which must include
mandatory maintenance to ensure that all signs are always in a
good state of repair. Signs not in a good state of repair are
illegal."
SECTION 30. Section 57-25-170 of the 1976 Code is amended to read:
"Section 57-25-170.
The commission department may
provide within the right-of-way for areas at appropriate
distances from interchanges on the interstate system and
controlled access roads on the federal-aid primary system on
which signs, displays, and devices giving specific information
in the interest of the traveling public may be erected and
maintained under standards and regulations authorized to be
adopted and promulgated by the commission
department. The standards and regulations may provide for
cooperative agreements between the Department of Transportation
and private interests for the use and display of names for FOOD,
LODGING, and GAS information signs on the highway
right-of-way right of way."
SECTION 31. Section 57-25-200(A) of the 1976 Code is amended to read:
"(A) Within the
requirements of this article the commission
Secretary of Transportation may enter into agreements
with other governmental authorities relating to the control of
outdoor advertising in areas adjacent to the interstate and
primary highway systems, including the establishment of
information centers and safety rest areas and take action in the
name of the State to comply with the terms of the
agreements."
SECTION 32. Section 57-25-210 of the 1976 Code is amended to read:
"Section 57-25-210.
The commission department is not
required to expend funds for the removal of outdoor advertising
under this article until federal funds are made available to the
State for the purpose of carrying out the provisions of this
article and the commission has entered into an agreement
with the Secretary of Transportation as authorized by Section
57-25-200 department and as provided by the
Highway Beautification Act of 1965."
SECTION 33. Sections 57-1-310, 57-1-320, 57-1-325, 57-1-330, 57-1-340, 57-1-350, 57-1-460, 57-1-470, Article 7, Chapter 1, Title 57, and Sections 6, 7, and 8 of Act 114 of 2007 are repealed.
SECTION 34. Chapter 1, Title 57 of the 1976 Code is amended by adding:
Section 57-1-910. Each fiscal year, the Department of Transportation must post its detailed budget for the fiscal year on its website for the entirety of the fiscal year. The budget must include the number of employees, both full-time and part-time, and their salaries and duties. Notwithstanding Chapter 4, Title 30, each employee's salary must be posted without regard to the amount. Also, the budget must contain all other projected expenditures and revenue sources. Revenue sources must specify whether matching funds are required, and any mandate associated with the funding.
Section 57-1-920. The Department of Transportation must post on its website each request for proposal it issues immediately upon its issuance. The department must update the posting with the details of the contract awarded pursuant to the request for proposal.
Section 57-1-930. (A)
The Department of Transportation must post
on its website a comprehensive project list, including each
project's costs, funding source, contractors, and timeline.
(B) A project only may
be approved at a public meeting, and its approval, along with
the criteria used for approval, must be posted on the website
maintained by the department within twenty-four hours of
approval.
Section 57-1-940. The department shall develop and publish a written methodology to determine the scoring process by which projects are prioritized. The methodology must be posted on the website maintained by the department.
Section 57-1-950. (A)
The department shall develop, maintain, and
post a statewide unified project list for all projects within
the state highway system. The list must include both
construction and maintenance projects. The list must be ranked
in priority order, and include the methodology, criteria, and
raw data used to determine each project's ranking. This list
must contain the date the project was added to the list, and
each date when the ranking was re-evaluated, and the outcome of
the re-evaluation. Each project must contain a statement of the
purpose and need for the project, the estimated cost, funding
sources, status, timeline, and any request for proposals issued
and associated contracts.
(B) The department
shall re-evaluate each project and its ranking no less than once
a year.
(C) The list required
by subsection (A) must be updated within twenty-four hours of
any change.
Section 57-1-960. The department must evaluate the feasibility and costs of developing a computerized model to automatically score and rank projects automatically in real-time as new data becomes available.
Section 57-1-970. (A)
Any information required to be posted
pursuant to this article must be presented in a format
accessible and understandable to the general public. Any codes,
acronyms, or industry jargon must be explained clearly.
(B) Any information
required to be posted pursuant to this article must be posted in
a manner that is searchable."
SECTION 35. Article 1, Chapter 43, Title 11 of the 1976 Code is amended by adding:
"Section 11-43-290.
(A) Notwithstanding any other
provision of this chapter, the bank may not issue any bonds,
loans, or other financial assistance after January 1, 2017.
(B) Upon the retirement
of all outstanding bonds, and upon receipt of all outstanding
debt owed by qualified borrowers, the bank is dissolved, and the
provisions of this chapter are repealed. Any funds remaining in
the bank at the time of its dissolution shall lapse to the state
highway fund."
SECTION 36. Section 11-43-165 of the 1976 Code, as added by Act 98 of 2013, is repealed.
SECTION 37. The Code Commissioner is directed to change or correct all references to the former Commission of the Department of Transportation in the 1976 Code and reflect that the Commission's authority is devolved upon the Secretary of the Department of Transportation unless otherwise provided for in this act. References to the commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean the secretary.
SECTION 38. The General
Assembly finds that all the provisions contained in this act
relate to one subject as required by Section 17, Article III of
the South Carolina Constitution in that each provision relates
directly to or in conjunction with other sections to the subject
of transportation administration.
The General Assembly further finds that a
common purpose or relationship exists among the sections,
representing a potential plurality but not disunity of topics,
notwithstanding that reasonable minds might differ in
identifying more than one topic contained in the act.
SECTION 39. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 40. If any part, subpart, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, subpart, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, subparts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 41. This act takes effect July 1, 2016. /
Renumber sections to conform.
Amend title to conform.