Reference is to Printer's Date 2/14/17-H.
Amend the bill, as and if amended, by striking SECTION 10 and inserting:
/ SECTION 10. A. Section 1-30-10(B)(1) 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:
(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."
B. 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
appointed by the Governor as provided in Section
1-30-10(B)(1)(iv)."
C. Section 57-1-20 of the 1976 Code, as last amended by Act 206 of 2010, is further amended to read:
"Section 57-1-20.
The Department of Transportation is established as an
administrative agency of state government which is comprised of
a the Division of Intermodal and Freight
Programs, a the Division of Construction
Engineering and Planning, and a the
Division of Finance and Administration, and other divisions
established by the Secretary pursuant to Section 57-3-10(B).
Each division of the Department of Transportation shall have
such functions and powers as provided for by law."
D. 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 department's 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."
E. Section 57-1-90(A) of the 1976 Code, as added by Act 148 of 2014, is amended to read:
"Section 57-1-90.
(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, or the South Carolina
Department of Transportation taken by the
department shall have the effect of discriminating against
motorcycles, motorcycle operators, or motorcycle passengers. No
regulation or action of the commission, 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."
F. Article 3, Chapter 1, Title 57 of the 1976 Code is repealed.
G. Section 57-1-410 of the 1976 Code, as last amended by Act 275 of 2016, is further amended to read:
"Section 57-1-410.
The commission Governor shall
appoint, with the advice and consent of the Senate, a Secretary
of Transportation who shall serve at the pleasure of the
commission 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."
H. 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, to must administer the day-to-day
affairs of the department, to; direct
the development and 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; and ensure that the department's functions
and purposes as provided by law are carried out in a timely,
efficient manner. 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 General
Assembly before becoming effective.
(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."
I. Section 57-1-460 of the 1976 Code, as added by Act 114 of 2007, is amended to read:
"Section 57-1-460.
(A)(1) For
purposes of this section 'routine operation and maintenance'
includes, but is not limited to, signage of routes, pavement
marking, replacement and installation of guard rails, repair and
installation of signals, 'chip seal' of existing roads,
enhancement projects such as streetscaping, adopt an
interchange, bike lanes, curb cuts, installation of overhead
message boards and cameras, research projects funded with
federal aid, and pavement management system mapping.
(2) For
purposes of this section 'emergency repairs' means, but is not
limited to, unforeseen deterioration of roads, bridges, or
equipment due to accidents, natural disasters, or other causes
that could not have been expected or that pose an immediate
danger to the public.
(B)
The secretary is charged with evaluating and
approving the routine operation and maintenance requests or
emergency repairs that are needed for existing roads and bridges
that are not included in the Statewide Transportation
Improvement Program. However, requests made for resurfacing,
installation of new signals, curb cuts on primary roads, bike
lanes, or construction projects under ten million dollars must
be approved by the commission pursuant to Section
57-1-370(N).
(A) The State
Auditor shall employ an individual to serve as the chief
internal auditor of the department and other professional,
administrative, technical, and clerical personnel as the State
Auditor determines to be necessary. The State Auditor also must
provide professional, administrative, technical, and clerical
personnel, as the State Auditor determines to be necessary in
order for the chief internal auditor to properly discharge his
duties and responsibilities authorized by the State Auditor or
provided by law. Except as otherwise provided, any employees
hired pursuant to this section shall serve at the pleasure of
the State Auditor.
(B)(1)
The chief internal auditor must be a certified public
accountant and possess any other experience the State Auditor
may require. The chief internal auditor must establish,
implement, and maintain the exclusive internal audit function of
all departmental activities. The State Auditor 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
Governor, 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 State Auditor 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."
J. Section 57-1-470 of the 1976 Code, as added by Act 114 of 2007, is amended to read:
"Section 57-1-470.
(A) At each
commission meeting the secretary must provide a detailed written
report of all:
(1)
requests that he has received since
the last commission meeting for routine operation and
maintenance or emergency repairs, his decision concerning those
requests, and a status report on all approved requests;
and
(2)
pending projects approved by the
commission pursuant to Section 57-1-370(N) and the status of
those projects, if there has been any material change in the
status since the last commission meeting.
(B)
The commission must review the report and make
findings as to whether the requests approved by the secretary
meet the needs of the public based upon objective and
quantifiable factors.
(C)
The commission may question the secretary
concerning the approval or denial of any request and the process
the secretary employed to reach his decision. The commission
also may request additional information concerning any request
and further investigate any request, approval, or denial of a
project by the secretary. The secretary must fully cooperate
with any request made of him or his office by the commission
regarding any further investigation undertaken by the
commission.
(D)
The text of the secretary's written report and the
findings made by the commission must be included in the
commission meeting minutes. A list of all projects approved by
the commission at its last meeting, together with its
explanation of the objective and quantifiable factors used to
justify its approval, also must be included in the commission
meeting minutes.
(A) The
department must develop the long-range statewide transportation
plan, with a minimum twenty-year forecast period at the time of
adoption, which 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
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 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 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 Non-Federal Aid Highway Fund
or other state revenue source. When developing the plan required
by this subsection, the 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 in order to be eligible for federal
matching funds."
K. Section 57-1-490 of the 1976 Code, as last amended by Act 275 of 2016, is further amended to read:
"Section 57-1-490.
(A) The department shall 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
must 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 Fiscal Accountability Authority
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
Secretary of Transportation Commission,
the State 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) Copies of every
audit conducted pursuant to this section must be made available
to the Department of Transportation Commission
Secretary, the State 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."
L. Article 7, Chapter 1, Title 57 of the 1976 Code is repealed.
M. Section 57-3-20 of the 1976 Code, as last amended by Act 206 of 2010, is further amended to read:
"Section 57-3-20.
The responsibilities and duties of the following division
deputy directors must include, but not be limited to, the
following:
(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;
(2) division deputy
director for construction, engineering, and planning:
(a)
develop statewide strategic highway plans; and
(b)
direct highway engineering activities, including
construction, design, construction oversight, and maintenance of
state highways;
(3) division deputy
director for intermodal and freight programs:
(a)
develop a statewide public transit system;
(b)
coordinate the preservation and revitalization of existing
rail corridors;
(c)
develop and coordinate a statewide passenger and freight
rail system, including the development of a comprehensive state
rail plan for passenger and freight railroads and rail
infrastructure services;
(d)
plan, develop, and coordinate a comprehensive intermodal
transportation program for the movement of passengers and
freight through integrated highway, railroad, port, airport, and
other transit systems;
(e)
financial management of funding from federal, state, and
local transit, rail, and other intermodal sources; and
(f)
manage the Office of Railroads and the Office of Public
Transit."
N. 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
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
may be necessary for the proper and efficient operation of the
districts."
O. 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."
P. Section 57-3-700 of the 1976 Code is amended to read:
"Section 57-3-700.
With the approval of the commission
department, the county officials may designate the
department, acting through its agents and employees, as agents
of the county in securing necessary
rights-of-way rights of way and other
lands."
Q. The Code Commissioner is directed to change or correct all references to the "Commission," "Department of Transportation Commission," or the like in the 1976 Code to "Department of Transportation," "Secretary," or "Secretary of Transportation," as appropriate, to reflect that the Commission's authority is devolved upon the Secretary of Transportation unless otherwise provided. 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 unless otherwise provided. /
Renumber sections to conform.
Amend title to conform.