H 4294 Session 111 (1995-1996)
H 4294 General Bill, By Kelley, Cooper and Townsend
A Bill to amend Section 8-17-370, as amended, Code of Laws of South Carolina,
1976, relating to exemptions from the state employee grievance procedure, so
as to include certain employees of the Department of Transportation; to amend
Sections 57-1-10, 57-1-40, and 57-1-310, all as amended, relating to the
Department of Transportation, so as to eliminate the Department of
Transportation Commission, permit the Governor to appoint the Department's
Director, and to establish and advisory committee; to amend Section 57-5-1620,
as amended, relating to advertisement and award of certain construction
contracts and emergency construction, repairs, or purchases, so as to revise
the period when these construction projects must be disclosed to the public;
to amend Section 57-5-1630, as amended, relating to the extension of
construction contracts to include additional work, so as to revise the
conditions upon which construction contracts may be extended; to amend Section
57-11-210, as amended, relating to state high
06/01/95 House Introduced and read first time HJ-5
06/01/95 House Referred to Committee on Education and Public
Works HJ-5
A BILL
TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE
PROCEDURE, SO AS TO INCLUDE CERTAIN EMPLOYEES
OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND
SECTIONS 57-1-10, 57-1-40, AND 57-1-310, ALL AS
AMENDED, RELATING TO THE DEPARTMENT OF
TRANSPORTATION, SO AS TO ELIMINATE THE
DEPARTMENT OF TRANSPORTATION COMMISSION,
PERMIT THE GOVERNOR TO APPOINT THE
DEPARTMENT'S DIRECTOR, AND TO ESTABLISH AN
ADVISORY COMMITTEE; TO AMEND SECTION 57-5-1620,
AS AMENDED, RELATING TO ADVERTISEMENT AND
AWARD OF CERTAIN CONSTRUCTION CONTRACTS AND
EMERGENCY CONSTRUCTION, REPAIRS, OR PURCHASES,
SO AS TO REVISE THE PERIOD WHEN THESE
CONSTRUCTION PROJECTS MUST BE DISCLOSED TO THE
PUBLIC; TO AMEND SECTION 57-5-1630, AS AMENDED,
RELATING TO THE EXTENSION OF CONSTRUCTION
CONTRACTS TO INCLUDE ADDITIONAL WORK, SO AS TO
REVISE THE CONDITIONS UPON WHICH CONSTRUCTION
CONTRACTS MAY BE EXTENDED; TO AMEND SECTION
57-11-210, AS AMENDED, RELATING TO STATE HIGHWAY
BONDS DEFINITIONS, SO AS TO DELETE THE TERM
"COMMISSION"; TO AMEND SECTION 57-13-110,
AS AMENDED, RELATING TO THE WANTON OR WILFUL
INJURY TO OR DESTRUCTION OF BRIDGES, SO AS TO
REVISE THE TYPE OF BRIDGES COVERED BY THIS
PROVISION; TO REPEAL SECTIONS 57-1-320, 57-1-325,
57-1-330, 57-1-340, 57-1-350, 57-1-410, 57-1-430, ALL
RELATING TO THE ELECTION POWERS AND DUTIES OF
THE COMMISSION OF THE DEPARTMENT OF
TRANSPORTATION, 57-21-10, 57-21-20, 57-21-30, 57-21-40,
57-21-50, 57-21-60, 57-21-70, 57-21-80, 57-21-90, 57-21-100,
57-21-110, 57-21-120, 57-21-130, 57-21-140, 57-21-150,
57-21-160, 57-21-170, 57-21-180, 57-21-190, 57-21-200,
57-21-210, AND 57-21-220, ALL RELATING TO
ESTABLISHMENT, POWERS, AND DUTIES OF CERTAIN
PAVING DISTRICTS; AND TO REQUIRE THE CODE
COMMISSIONER TO CHANGE CERTAIN REFERENCES IN
THE CODE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 8-17-370 of the 1976 Code, as last
amended by Act 452 of 1994, is further amended by adding at the
end:
"(12) Department of Transportation employees, including
the executive director, all persons who serve at or above the
organizational level of assistant directors of the individual program
components, and all district engineers."
SECTION 2. Section 57-1-10 of the 1976 Code, as last
amended by Act 181 of 1993, 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 body of the Department of Transportation.
(2)`Department' means the Department of Transportation
(DOT).
(3)(2) `Director' means the chief administrative
officer of the Department of Transportation."
SECTION 3. Section 57-1-40 of the 1976 Code, as last
amended by Acts 181 and 184 of 1993, is further amended to read:
"Section 57-1-40. (A) It is unlawful for the
director, a member of the commission or advisory
committee, engineer, agent, or other another
employee, acting for or in behalf of the department or
commission advisory committee, 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 a 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
an 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 the director, a member of the
commission advisory committee or an engineer,
agent, or other employee acting for or on behalf of the
commission advisory committee or department with
the intent to have his decision or action on any a
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
an office of trust or profit under the Constitution or laws of
this State."
SECTION 4. Section 57-1-310 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 57-1-310. The congressional districts of this
State are constituted and created Department of Transportation
districts of the State, designated by numbers corresponding to the
numbers of the respective congressional districts. The Commission
of the Department of Transportation shall be composed of one
member from each transportation district elected by the delegations
of the congressional district and one member appointed by the
Governor, upon the advice and consent of the Senate, from the
State at large. Such elections or appointment, as the case may
be,
(A) The Governor shall appoint the director of the
Department of Transportation who shall serve at the Governor's
pleasure. He shall receive compensation as may be established
under the provisions of Section 8-11-160 and authorized in the
annual general appropriations act.
(B) The director must administer the affairs of the department
and must represent the department in its dealings with other state
agencies, local governments, special purpose districts, and the
federal government. The director must appoint a deputy director
for each division and employ personnel for each division and
prescribe their duties, powers, and functions he considers necessary
and as may be authorized by statute and for which funds have been
authorized in the annual general appropriations act.
(C) The deputy director for each division shall serve at the
pleasure of the director. Each deputy director may receive
compensation as established under the provisions of Section
8-11-160 and for which funds have been authorized in the annual
general appropriations act.
(D) Appointments shall take into account race
and gender so as to represent, to the greatest extent possible,
all segments of the population of the State;.
However, consideration of these factors in making an appointment
or in an election in no way creates does not create a
cause of action or basis for an employee grievance for a person
appointed or elected or for a person who fails to be appointed or
elected.
(E) The director may appoint an advisory
committee to advise him on departmental policy. An advisory
committee established must consist of one member appointed from
each congressional district and not more than five additional
members appointed from the state at large. Members shall serve at
the pleasure of the director. Advisory committee members are
allowed mileage, subsistence, and per diem as provided by law for
members of state boards, committees, and commissions to be paid
from the state highway fund. The director shall designate a
committee chairman and other officers necessary for the operation
of the committee."
SECTION 5. Section 57-5-1620 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 57-5-1620. Awards by the department of
construction contracts for ten thousand dollars and more
shall must be made only after the work to be
awarded has been advertised for at least two weeks in one or more
daily newspapers in this State, but where circumstances warrant, the
department may advertise for longer periods of time and in other
publication media. Awards of contracts, if made, shall
must be made in each case to the lowest qualified
bidder whose bid shall have been formally submitted in accordance
with the requirements of the department. However, in cases of
emergencies, as may be determined by the director of the
Department of Transportation, the department, without formalities
of advertising, may employ contractors and others to perform
construction or repair work or furnish materials and supplies for
such the construction and repair work,
but. All such cases of this kind shall
must be reported in detail and made public at the next
succeeding meeting of the commission within thirty days
after construction is initiated."
SECTION 6. Section 57-5-1630 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 57-5-1630. Unless approved in advance by the
commission director, no a
construction contract may not be extended to include work
not contemplated in the original award, except within the limitations
imposed by the contract. Where in the judgment of the director of
the Department of Transportation it is in the public's interest and
prices advantageous to the department are obtained, the department
may extend contracts to include additional work in advance of
the approval of the commission, if on the other hand to delay an
extension until the next commission meeting an advantage to the
department would be lost, but in every case, every contract
extension must be subject to approval by the commission at the next
succeeding meeting. The extension of a contract to include
additional work in advance of the approval of the
commission may not exceed fifty percent of the total amount of
the original contract being so extended or the sum of one
hundred fifty thousand dollars, whichever amount is less.
Advertisement in the case of extensions of contracts under this
section shall consist of detailed reports of the transactions made
public at open meetings of the commission."
SECTION 7. Section 57-11-210 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 57-11-210. The terms defined herein shall
have the meanings hereinafter set forth For purposes of this
article:
(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' means the tax levied pursuant to Chapter
29, Title 12.
(3) `Gasoline tax' means the per gallon tax imposed upon
gasoline, gasoline components thereof or substitutes
therefor, pursuant to the provisions of Chapter 27 of Title
12.
(4) `Commission' means 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
commission pursuant to the provisions of Chapter 3, Title 57.
(5) `Highway transportation purposes' means the
construction of roads and bridges now or hereafter made a part of
the state highway system, or the reconstruction and improvement of
highways and bridges now or hereafter made a part of the state
highway system and to provide state funds to obtain matching
federal highway funds.
(6)(5) `Motor vehicle license tax' means the
annual tax imposed upon a corporation, an individual, and an owner
of a motor and other vehicle pursuant to the provisions of Title 56
and Title 57.
(7)(6) `Road tax' means the road tax
imposed on motor carriers pursuant to Chapter 31, Title 12.
(8)(7) `Sources of revenue' means the
gasoline tax, the fuel oil tax, the road tax, and the motor vehicle
license tax.
(9)(8) `State board' means the State Budget
and Control Board of South Carolina.
(10)(9) `State highway bonds' means all
general obligation bonds of the State of South Carolina designated
as state highway bonds, which are now outstanding and which may
hereafter be issued pursuant to the authorizations of this
article."
SECTION 8. Section 57-13-110 of the 1976 Code is amended
to read:
"Section 57-13-110. Whoever shall A person
who wantonly or wilfully injure injures or
destroy any destroys a bridge built by authority of
the commissioners of any two counties or the director of the
Department of Transportation over any a river
or creek lying between such the counties, on
indictment and conviction of so doing at the court of general
sessions in the county in which the offense was committed, shall
be is subject to such a fine and
imprisonment as directed by the court shall direct.
But nothing herein contained shall This section must
not be construed to extend to any a toll bridge
established by law. Any A person who shall
wilfully or maliciously injure injures or destroy
and destroys a bridge on any a public
road in this State shall be is guilty of a
misdemeanor and, upon conviction thereof, shall
must be fined in a sum not less than fifty nor more
than five hundred dollars or be imprisoned not less than
thirty nor more than ninety days, in the discretion of the court.
Nothing herein contained The provisions contained in
this section shall not affect the right of action for
damages in a civil suit against the person so injuring or
destroying any such a bridge."
SECTION 9. Sections 57-1-320, 57-1-325, 57-1-330, 57-1-340,
57-1-350, 57-1-410, 57-1-430, 57-21-10, 57-21-20, 57-21-30,
57-21-40, 57-21-50, 57-21-60, 57-21-70, 57-21-80, 57-21-90,
57-21-100, 57-21-110, 57-21-120, 57-21-130, 57-21-140,
57-21-150, 57-21-160, 57-21-170, 57-21-180, 57-21-190,
57-21-200, 57-21-210, and 57-21-220 of the 1976 Code are
repealed.
SECTION 10. When funds are available, the South Carolina
Code Commissioner shall change references to
"department" and the "Department of Highways
and Public Transportation" in the 1976 Code to
"Department of Transportation" when appropriate and
references to "commission" to "director"
when the term refers to the Department of Transportation
Commission.
SECTION 11. This act takes effect upon approval by the
Governor.
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