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COMMITTEE AMENDMENT AMENDED AND ADOPTED
March 29, 2007
S. 355
Introduced by Senators Grooms, Richardson, Verdin, Campsen and Vaughn
S. Printed 3/29/07--S
Read the first time January 30, 2007.
TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION PRIORITY PLAN; AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-30-105 of the 1976 Code is 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, Finance and Administration; provided, however, that 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) The Commission of the Department of Transportation constituted on the effective date of this subsection shall continue to serve until the requirements of Section 57-1-320 are met, at which time the commission is abolished and the Department of Transportation Board, as established in Chapter 1 of Title 57, is the governing authority for the department."
SECTION 2. Section 1-3-240(C)(1) of the 1976 Code is amended to read:
"(C)(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) Reserved Department of Transportation Board;
(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; and
(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 Sections 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."
SECTION 3. Chapter 1 of Title 57 of the 1976 Code is 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' 'Board' means the administrative and governing body of the Department of Transportation.
(2) 'Department' 'Department' means the Department of Transportation (DOT).
(3) 'Director' 'Executive Director' means the chief administrative officer of the Department of Transportation.
(4) 'Chief Highway Engineer' means the person selected by the board as provided in Section 57-1-410(B) to create, in conjunction with the board, the statewide transportation priority plan.
Section 57-1-20. The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Mass Transit; a Division of Construction Engineering and Planning; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law.
Section 57-1-30. (A) The department shall have as its functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system and the development of a statewide mass transit system that is consistent with the needs and desires of the public.
(B) The department shall coordinate all state and federal programs relating to highways among all departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law. The goal of the department is to provide adequate, safe, and efficient transportation services for the movement of people and goods.
Section 57-1-35. The members of the board and employees of the department are subject to the provisions of Chapter 13 of Title 8, the State Ethics Act, and the provisions of Chapter 78 of Title 15, the South Carolina Tort Claims Act.
Section 57-1-40. (A) It is unlawful for a member of the commission board or an engineer, agent, or other employee, acting for or in behalf of the department or commission board, 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 board or an engineer, agent, or other employee acting for or on behalf of the commission board 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.
Section 57-1-50. The assent of the State is hereby given to the terms and provisions of any act providing for federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said federal act, so as to acquire the benefits thereof.
Section 57-1-60. (A) The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.
(B)(1) The Department of Transportation Board, in conjunction with the Chief Highway Engineer, must develop a methodology for determining how to design the statewide transportation priority plan that includes, but is not limited to, the schedule of priorities for all major construction projects and funds allocated to complete those projects.
(2) In developing the methodology, the department must include, but is not limited to, consideration of 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;
(e) truck traffic;
(f) the pavement quality index;
(g) alternative transportation solutions;
(h) consistency with local land use plans;
(i) environmental impact; and
(j) federal requirements for designing and setting priorities for the Statewide Transportation Improvement Plan (STIP).
(3) The department shall conduct one or more public hearings to receive input prior to adopting a methodology. Any public hearing must include the opportunity for the public to address board members and staff or a hearing officer in a format so that comments are heard by the general public attending the hearing. A recording of the public hearing and documents received as public comment must be available to the public as provided in Chapter 4 of Title 30, the South Carolina Freedom of Information Act.
(4) The methodology must be submitted to the Joint Transportation Review Committee for review and comment as provided in Section 57-1-730(10)(a).
(5)(a) Following review of the methodology by the Joint Transportation Review Committee, the board must finalize and approve the methodology. After the methodology is approved, the board, in conjunction with the Chief Highway Engineer, must design the statewide transportation priority plan in compliance with the approved methodology.
(b) The department shall conduct one or more public hearings to receive input prior to developing the statewide transportation priority plan. If required by federal regulations, the department must conduct a public hearing in each county affected 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 board members and staff. Any public hearing must include the opportunity for the public to address board members and staff or a hearing officer in a format so that comments are heard by the general public attending the hearing. A recording of the public hearing and documents received as public comment must be available to the public as provided in Chapter 4 of Title 30, the South Carolina Freedom of Information Act.
(C) The plan must be submitted to the Joint Transportation Review Committee for review and comment. Following its evaluation, the Joint Transportation Review Committee must submit a letter to the General Assembly and the Board indicating it has reviewed and the plan and forward its comments as provided in Section 57-1-730(10)(b).
(D) Following review of the statewide transportation priority plan by the Joint Transportation Review Committee, the department must promulgate the statewide transportation priority plan as a regulation under the provisions of Article 3 of Chapter 23 of Title 1, the State Administrative Procedures Act. The statewide transportation priority plan is effective only after the regulation is approved by the General Assembly as provided in Section 1-23-120, Section 1-23-125, and Section 1-23-126. The statewide transportation priority plan must not be promulgated as an emergency regulation under the provisions of Section 1-23-130.
(E) Any project placed in the statewide transportation improvement plan at the request of a metropolitan planning organization or a council of government must not be removed except by a vote of the majority of the board including the board member representing the district in which the project is located.
Section 57-1-70. It is the sense of the General Assembly that the Department of Transportation should comply with Section 105(f) of the Federal Aid Highway Act. The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations.
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, 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 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.
(A) On and after the effective date of this section, the Department of Transportation is composed of a board of seven members, one from each congressional district of the State and one from the State at large who shall serve as the chairman. A member of the board must:
(1) reside in South Carolina and, in the case of a member representing a congressional district, reside in the congressional district he represents;
(2) have a background of substantial duration and expertise in at least one of the following:
(a) transportation issues;
(b) finance;
(c) accounting;
(d) engineering; or
(e) law.
(3) be appointed by the Governor, screened by the Joint Transportation Review Committee as provided in Article 7 of this chapter and determined to have the qualifications required in this chapter, and confirmed by the advice and consent of the Senate.
(B) In appointing and confirming the board members, the Governor and General Assembly must take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State, including representation from rural and urban areas. Consideration of these factors in making an appointment or during confirmation in no way creates a cause of action or basis for a grievance for a person elected or for a person who fails to be appointed or confirmed. Representation on the board should reflect the racial composition of the population of this State.
(C) No member of the General Assembly or member of his immediate family shall be appointed to the board while the member is serving in the General Assembly; nor shall a member of the General Assembly or a member of his immediate family be appointed to the board for a period of four years after the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
Section 57-1-320. (A) A county that is divided among two or more Department of Transportation districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county.
(B) No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter.
(A) The Joint Transportation Review Committee, established pursuant to Article 7 of this chapter, must meet within ninety days of the effective date of this section to screen and determine if appointees are qualified to serve as initial board members.
(B) Notwithstanding the provisions of Section 1-3-210, the initial board members appointed by the Governor shall serve in an interim capacity pending confirmation by the Senate. If the appointment is made while the Senate is not is session, then the Governor must report the appointment of the initial board members to the Senate and must forward a formal appointment during the 2008 regular session. All interim appointments made pursuant to this section must be transmitted to the Senate pursuant to Section 1-3-215. If the Senate does not advise and consent to an interim appointment of a board member by sine die of the 2008 session, the office is vacant and the interim appointment must not serve in hold over status, notwithstanding any other provision of law to the contrary. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim appointment of an initial board member expires on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant.
(C) No later than thirty days after the final initial board member is appointed, as the case may be, the board must meet and organize. Following the initial board meeting, the board chairman must immediately file with the Secretary of State certification the board has met and organized.
(D) Members of the Department of Transportation Commission whose terms are not terminated as provided in Section 57-1-330(B) and who have been lawfully elected pursuant to Section 57-1-325 are legally entitled to continue in office under the provisions of Section 57-1-330(B) and are vested as members of the Department of Transportation Board that becomes effective on the date that the certification required by subsection (C) is filed with the Secretary of State and the powers, duties, and functions of the commission as previously constituted are devolved upon the board.
Section 57-1-325. Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitute a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner board member shall serve until his successor is elected and qualified, except as provided in Section 57-1-320.
Section 57-1-330. (A) Beginning February 15, 1994, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission board members must serve for a term of office of four six years, except as provided in subsection (B), which expires on January February fifteenth of the appropriate year as provided in this section. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner a board member shall must be filled by election appointment in the manner provided in this article chapter for the unexpired term only. No person is eligible to serve as a commission board member who is not a resident of that district the congressional district he represents at the time of his appointment, except that the at-large commission board member may be appointed from any county congressional district in the State regardless of whether another commissioner is serving from that county. However, no county within a congressional district shall have a resident board member for more than one consecutive term and no board member may be appointed from the same county as another serving board member. Failure by a commission board member to maintain residency in the congressional district for which he is elected during his term shall result in the forfeiture of his office. The at-large commission board member, upon confirmation, shall must serve as chairman of the commission board.
(B) The terms of the initial board members of the commission initially appointed from congressional districts are as follows:
(1) for the at-large board member -- beginning in 2007 for a term to end January 15, 2010, and thereafter for terms of four years coterminous with the Governor;
(2) commission for board members appointed to represent odd-numbered congressional districts--two beginning in 2007 for a term to end January 15, 2010, and thereafter for terms of six years; and
(2)(3) commission for board members appointed to represent even-numbered congressional districts--four beginning in 2007 for a term to end January 15, 2012, and thereafter for terms of six years.
(C) The at-large commissioner shall serve at the pleasure of the Governor The board members may be removed from office as provided in Section 1-3-240(C)(1).
(D) For the assistance of the district board members, there is established an advisory board in each district, to be composed of the chairman of each county transportation committee, or his designee, from within the district. The advisory board must consult with and advise district board members on all matters under consideration by the Board of the Department of Transportation.
Section 57-1-340. Each commission board member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.
Section 57-1-350. (A) The commission board may adopt an official seal for use on official documents of the department.
(B) The commission board shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission board may designate.
(C) Commissioners Board members must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act.
Section 57-1-410. (A)(1) The commission board shall employ a director an executive director who shall serve at the pleasure of the commission board. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director executive director 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 appropriation act.
(2) The board must conduct an annual performance review of the Executive Director of the Department of Transportation, which must be submitted to the General Assembly. A draft of the executive director's performance review must be submitted to the executive director, and the executive director must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly.
(B) The board shall employ a Chief Highway Engineer who may be removed by the board for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. A person appointed to this position shall be a citizen with civil engineering experience and any other experience the board may require. The Chief Highway Engineer shall receive such compensation as may be determined by the board and for which funds have been authorized in the general appropriation act.
Section 57-1-430. (A) The director Executive Director must carry out the policies of the commission board and administer the affairs of the department, and may exercise all powers belonging to the commission board within the guidelines and policies established by the commission board, when the commission board is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.
(B) For each division, the director Executive Director 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 appropriation act.
Section 57-1-440. The director Executive Director shall have the exclusive authority to employ a chief counsel and such staff attorneys and support staff as are necessary to represent the department in legal matters, condemnation procedures, and other such litigation. Any extra legal services that may be required shall be performed by attorneys selected by the director Executive Director. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits resulting from motor vehicle damage and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the state highway fund.
Section 57-1-450. The director Executive Director shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director Executive Director and shall recommend the salary for each deputy director as allowed by statute or applicable law.
Section 57-1-490. 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 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."
SECTION 4. Chapter 1, Title 57 of the 1976 Code is amended by adding:
Section 57-1-710. There is hereby established a committee to be known as the Joint Transportation Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.
Section 57-1-720. (A) The review committee is composed of ten members as follows:
(1) one appointed by the Chairman of the Senate Finance Committee;
(2) one appointed by the Chairman of the Senate Judiciary Committee;
(3) one appointed by the Chairman of the Senate Transportation Committee;
(4) two members of the general public appointed by the President Pro Tempore of the Senate upon the recommendations of the Senate majority leader and the Senate minority leader;
(5) one appointed by the Chairman of the House Ways and Means Committee;
(6) one appointed by the Chairman of the House Judiciary Committee;
(7) one appointed by the Chairman of the House Education and Public Works Committee; and
(8) two members of the general public appointed by the Speaker of the House of Representatives.
(B) In making appointments to the joint committee, race, gender, and other demographic factors, such as residence in rural or urban areas, must be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The members of the general public appointed by the President Pro Tempore of the Senate and Speaker of the House of Representatives must be representative of all citizens of this State and must not be members of the General Assembly.
(C) The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of five members.
(D) Unless the review committee finds a gubernatorial appointee qualified, the appointee must not be confirmed by the advice and consent of the Senate to serve on the Department of Transportation Board.
Section 57-1-730. The review committee has the following powers and duties:
(1) to screen the persons the Governor appoints to the Department of Transportation Board pursuant to the provisions of Section 2-20-10, et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee;
(2) in screening candidates for the commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:
(a) ability, dedication, compassion, common sense, and integrity of the candidates; and
(b) the race and gender of the candidates and other demographic factors, such as residence in rural or urban areas, to assure nondiscrimination to the greatest extent possible of all segments of the population of the State;
(3) to determine if the appointees are qualified and meet the requirements provided by law to serve as members of the Department of Transportation Board, make findings concerning whether the appointees are qualified, and deliver its findings to the Senate;
(4) to conduct an annual performance review of each member of the Department of Transportation Board, which must be submitted to the General Assembly. A draft of the member's performance review must be submitted to the member, and the member must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly. The final performance review must be made a part of the member's record for consideration if the member seeks reelection to the commission;
(5) to evaluate the actions of the board, so that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate;
(6) to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the board. A proposed draft of the evaluation must be submitted to the board prior to submission to the General Assembly, and the board must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(7) to assist in developing: (a) an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the board members and upper management employees of the Department of Transportation; and (b) an annual workshop of at least one contact hour for all other department employees;
(8) to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section;
(9) to submit a letter with the annual budget proposals of the Department of Transportation, indicating the review committee has reviewed and approved the proposals;
(10) (a) to submit a letter to the General Assembly indicating the review committee has reviewed and approved methodology for the statewide transportation priority plan as provided in Section 57-1-60(B)(4);
(b) following its evaluation of the statewide transportation priority plan, to submit a letter to the General Assembly indicating the review committee has reviewed and approved the statewide transportation priority plan as provided in Section 57-1-60(C);
(11) to appoint a committee from the general public at large to advise the review committee on any of its powers and duties. Members must not be members of the General Assembly, board members, the Executive Director, Chief Highway Engineer, or employees of the Department of Transportation; and
(12) to undertake such additional studies or evaluations as the review committee considers necessary.
Section 57-1-740. (A) The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed.
(B) The expenses associated with the review committee duties to qualify and nominate candidates for the Department of Transportation Board and to develop an annual workshop on ethics and the Administrative Procedures Act must be paid from the general fund of the State.
Section 57-1-750. (A) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.
(B) The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.
(C) The costs and expenses of the review committee must be funded in the annual general appropriations act.
Section 57-1-760. The review committee may conduct a comprehensive study of other states' Department of Transportation Board's structures, responsibilities, qualifications, and compensation. The review committee may prepare and deliver this report along with its recommendations to the General Assembly on or before January 15, 2009."
SECTION 5. References in the 1976 Code to the "Commission of the Department of Transportation" or references to "commission" that refer to the administrative and governing body of the Department of Transportation, mean the "Department of Transportation Board" or "board", as appropriate; references to "director" that refer to the chief administrative officer of the Department of Transportation, mean the "Executive Director of the Department of Transportation" or "Executive Director," as appropriate; and references to "Department of Transportation Commissioner" mean "member of the Department of Transportation Board" or "board member" as appropriate. The Code Commissioner shall change references in the 1976 Code to conform to this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.
SECTION 6. If any 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 section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. (A) The repeal or amendment by this act of any law, whether temporary or permanent, does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides it. 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, 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. Any state agency, board, commission, or council to which are transferred the powers, duties, and functions of any state agency, board, commission, or council relating to the pending proceeding must be substituted as a party in interest.
(B) Any statute enacted and any rule or regulation made in respect to any state agency, board, commission, or council or function transferred to, or consolidated, coordinated, or combined with any other state agency, board, commission, or council or function under the provisions of this act before the effective date of the transfer, consolidation, coordination, or combination, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, shall have the same effect as if the transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the state agency, board, commission, or council from which the transfer is made under the act, the functions, insofar as they are to be exercised after the transfer, must be considered as vested in the state agency, board, commission, or council to which the transfer is made under the act.
SECTION 8. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:41 P.M.