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S. 651
STATUS INFORMATION
General Bill
Sponsors: Senator Short
Document Path: l:\council\bills\swb\6413cm05.doc
Introduced in the Senate on March 22, 2005
Currently residing in the Senate Committee on Transportation
Summary: Transportation Department
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/22/2005 Senate Introduced and read first time SJ-7 3/22/2005 Senate Referred to Committee on Transportation SJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-11-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY SET ASIDE AND DEPOSIT IN ITS NAME A REVOLVING FUND FOR PAYMENT OF GOODS AND SERVICES AND A REVOLVING FUND FOR PAYMENT OF PERSONAL SERVICES, TO PROVIDE THAT PAYMENTS FROM THESE FUNDS MUST BE RESTORED TO THE FUNDS BY VOUCHERS DRAWN ON THE COMPTROLLER GENERAL AGAINST THE STATE HIGHWAY FUND; BY ADDING SECTION 57-11-30 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST SUBMIT ITS ANNUAL AUDITED FINANCIAL STATEMENTS FOR INCLUSION IN THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT ON A CERTAIN DATE, TO PROVIDE A PENALTY IF THE AUDITED FINANCIAL STATEMENTS ARE NOT SUBMITTED BY THE DUE DATE, TO PROVIDE THAT THE COMPTROLLER GENERAL AND STATE AUDITOR SHALL REPORT ON THE STATUS OF ANY DELINQUENT SUBMISSIONS OF FINANCIAL STATEMENTS TO THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PENALTY MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-35-45, AS AMENDED, RELATING TO PAYMENT FOR GOODS AND SERVICES RECEIVED BY THE STATE, SO AS TO PROVIDE THE PROCEDURE THAT THE DEPARTMENT OF TRANSPORTATION MUST FOLLOW WHEN PAYING FOR GOODS AND SERVICES IT RECEIVES; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, THE FEDERAL AID HIGHWAY FUND, AND THE PAYMENT OF GOODS AND SERVICES BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PROCEDURE FOR PAYMENT OF GOODS AND SERVICES BY THE DEPARTMENT OF TRANSPORTATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 57-11-25. The department may set aside and deposit in its name a revolving fund for payment of goods and services and a revolving fund for payment of personal services. All payments from these funds must be restored to the funds by vouchers drawn on the Comptroller General against the state highway fund."
SECTION 2. The 1976 Code is amended by adding:
"Section 57-11-30. The department must submit its annual audited financial statements for inclusion in the State's Comprehensive Annual Financial Report on the submission date contained in the State Auditor's Office audit contract. If the audit was not contracted by the State Auditor's Office, the final audited financial statements are due October 15 for the prior fiscal year. If the audited financial statements are not submitted by the due dates, a penalty of two thousand five hundred dollars a day must be assessed against the department until the State Auditor and Comptroller General receive the financial statements. The Comptroller General may assess and collect the penalties and remit them to the General Fund. The Comptroller General and State Auditor shall report on the status of any delinquent submissions of financial statements to the Budget and Control Board. In the case of mitigating circumstances, the Budget and Control Board may waive all, or a portion, of the penalty assessed against the department."
SECTION 3. Section 11-35-45(B) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"(B) All agencies and institutions of the State are required to comply with the provisions of this section. Only the lump sum institutions of higher education and the Department of Transportation are responsible for the payment of all goods or services within thirty work days after the acceptance of the goods or services and proper invoice, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work-day period, if the vendor specifies on the statement or the invoice submitted to such institutions that a late penalty is applicable if not paid within thirty work days after the acceptance of goods or services."
SECTION 4. Section 57-11-20 of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:
"Section 57-11-20. (A) All state revenues and state monies income dedicated by statute to the operation of the department and all amounts received as reimbursement from the Federal Highway Administration must be deposited into one fund to be known as the 'state highway fund' and all federal revenues and federal monies must be deposited into the 'federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the state highway fund must be deposited to the credit of the state highway fund. The commission may commit up to the maximum annual debt service provided in Article X, Section 13 of the South Carolina Constitution into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction and/or maintenance of state highways. This special account will be designated as the State Highway Construction Debt Service Fund.
(B) Beginning July 1, 1993 2006, expenses of the department must process all payment for goods and services, including right-of-way acquisitions through the office of the Comptroller General must be paid out on warrants of the department approved by the executive director of the department or other bonded officers or employees designated by the executive director.
(C) Beginning January 1, 1994 2007, the department shall process the payment for all personnel services through the office of the Comptroller General of the department must be paid out on warrants of the department approved by the executive director of the department or other bonded officers or employees designated by the executive director. The department may continue to make deductions from the compensation of employees for the payment of premiums for life, hospital, and other types of insurance plans and all other deductions that are in force on July 1, 2005.
(D) For all capital improvement and permanent improvement projects beginning on or after July 1, 1994, the department shall enter detailed project numbers on all transactions submitted to the Comptroller General.
(E) The Comptroller General may continue to make deductions from the compensation of employees for the payment of premiums for life, hospital, and other types of insurance plans that are in force on July 1, 1992.
(F) Beginning July 1, 1993, the department is not considered a lump sum agency."
SECTION 5. 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 6. This act takes effect upon approval by the Governor.
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