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Bill 355

Indicates Matter Stricken
Indicates New Matter

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 17, 2007

S. 355

Introduced by Senators Grooms, Richardson, Verdin, Campsen and Vaughn

S. Printed 4/17/07--H.

Read the first time April 10, 2007.

To whom was referred a Bill (S. 355) 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, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION    1.    Section 1-3-240(C) of the 1976 Code, as last amended by Act 137 of 2005, is further 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 Commissioners;

(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.

(2)    Upon the expiration of an officeholder's term, the individual may continue to serve until a successor is appointed and qualifies.

SECTION    2.    Section 1-30-10(B) of the 1976 Code is amended to read:

"(B)    (1)    The governing authority of each department shall be either:

(i)        a director, and in the case of the Department of Commerce, the 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; or,

(ii)    a seven member 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 board constituted in a manner provided by law, and a Secretary of Transportation appointed by and serves at the pleasure of the Governor."

SECTION    3.    Section 1-30-105 of the 1976 Code is amended to read:

"Section 1-30-105.    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 However, that the State Highway Department of Transportation Commission as constituted on June 30, 1993 June 30, 2007, under the provisions of Title 56 57, shall be is the governing authority for the department until February 15, 1994 2008, or as soon as its successors are elected or appointed and qualified, whichever is later pursuant to Section 57-1-310:

Department of Highways and Public Transportation, except Motor Vehicle Division Department of Motor Vehicles and State Highway Patrol, formerly provided for at Section 56-1-10, et seq."

SECTION    4.    Section 8-13-1110(B) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"(B)    Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:

(1)    a person appointed to fill the unexpired term of an elective office;

(2)    a salaried member of a state board, commission, or agency;

(3)    the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of any agency or department of state government;

(4)    the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;

(5)    the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;

(6)    the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;

(7)    a school district and county superintendent of education;

(8)    a school district board member and a county board of education member;

(9)    the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision including, but not limited to, those named in item (6);

(10)    a public official;

(11)    a public member who serves on a state board, commission, or council. ; and

(12)    Department of Transportation District Engineering Administrators."

SECTION    5.    Section 11-11-150 of the 1976 Code, as last amended by Part 1, Section 4A of Act 388 of 2006, is further amended by adding at the end:

"(H)    In calculating estimated state individual and corporate income tax revenues for a fiscal year, the Board of Economic Advisors shall deduct the following amounts that must be credited to the Department of Transportation and distributed pursuant to Section 57-11-410:

Fiscal Year 2007-2008                                $40,000,000

Fiscal Year 2008-2009                                $80,000,000

Fiscal Year 2009-2010                                $120,000,000

Fiscal Year 2010-2011                                $160,000,000

Fiscal Year 2011-2012 and thereafter        $200,000,000."

SECTION    6.    Section 11-35-710 of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:

"Section 11-35-710.    The board, upon the recommendation of the designated board office, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies, services, information technology, or construction from the purchasing procedures required in this chapter and for just cause by unanimous written decision limit or may withdraw exemptions provided for in this section. The following exemptions are granted from this chapter:

(1)    the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance and repair; and other emergency-type parts or equipment utilized by the Department of Transportation or the Department of Public Safety;

(2)    the purchase of raw materials by the South Carolina Department of Corrections, Division of Prison Industries;

(3)    South Carolina State Ports Authority;

(4)    Division of Public Railways of the Department of Commerce;

(5)    South Carolina Public Service Authority;

(6)    expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operation of canteens and bookstores, except as the funds are used for the procurement of construction, architect-engineer, construction-management, and land surveying services;

(7)    livestock, feed, and veterinary supplies;

(8)    articles for commercial sale by all governmental bodies;

(9)    fresh fruits, vegetables, meats, fish, milk, and eggs;

(10)    South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculptures, and similar objects. Before a governmental body procures the objects, the head of the purchasing agency shall prepare a written determination specifying the need for the objects and the benefits to the State. The South Carolina Arts Commission shall review the determination and forward a recommendation to the board for approval;

(11)    published books, periodicals, and technical pamphlets;

(12)    South Carolina Research Authority;

(13)    the purchase of supplies, services, or information technology by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries;

(14)    Medical University Hospital Authority, if the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision.;

(15)    the construction, maintenance, and repair of bridges, highways, and roads by the Department of Transportation when these projects receive federal funding and must comply with applicable federal laws and regulations and projects funded through County Transportation Committees, Councils of Government, the South Carolina Transportation Infrastructure Bank, and Metropolitan Planning Organizations;

(16)    County Transportation Committees;

(17)    Councils of Government;

(18)    the South Carolina Transportation Infrastructure Bank; and

(19)    Metropolitan Planning Organizations."

SECTION    7.    Section 11-35-1230(1) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:

"(1)    The designated board office, through consultation with the chief procurement officers, shall develop written plans for the auditing of state procurements.

In procurement audits of governmental bodies thereafter, the auditors from the designated board office shall review the adequacy of the system's internal controls in order to ensure compliance with the requirement of this code and the ensuing regulations. Additionally, the procurement audits shall verify that exemptions contained in Section 11-35-710 (15) are valid. A noncompliance discovered through audit must be transmitted in management letters to the audited governmental body and the Budget and Control Board. The auditors shall provide in writing proposed corrective action to governmental bodies. Based upon audit recommendations of the designated board office, the board may revoke certification as provided in Section 11-35-1210 and require the governmental body to make all procurements through the appropriate chief procurement officer above a dollar limit set by the board, until such time as the board is assured of compliance with this code and its regulations by that governmental body."

SECTION    8.    Section 57-1-10 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' means the administrative and governing body of the Department of Transportation.

(2)    'Department' means the Department of Transportation (DOT).

(3)    "Director" 'Secretary of Transportation' means the chief administrative officer of the Department of Transportation.

(4)    'Highway Engineering District' means the seven geographical regions created by the Department of Transportation and approved by the commission from which the members of the commission must reside and be elected.

(5)    'Statewide Transportation Improvement Program' means a fiscally constrained statewide plan for the development and implementation of highway projects and transit programs developed in compliance with Section 23 of the Code of Federal Regulations, including consideration of: local and regional priorities based on consultation with local and regional governments; congestion management; local planned growth and development plans; Safe Routes to Schools; national security and Homeland Defense; statewide highway safety; and the provisions set forth in Section 57-1-350(E)."

SECTION    9.    Section 57-1-20 of the 1976 Code is 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 Division of Mass Transit; a Division of Construction Engineering and Planning; a Division of Human Resources; an Internal Audit Division; 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    10.    Section 57-1-40 of the 1976 Code is amended by adding at the end:

"(C)    Notwithstanding the provisions contained in subsection (A) and (B), the Department of Transportation Commission and the department's employees are subject to the provisions contained in Sections 2-17-80 and 2-17-90."

SECTION    11.    Article 3, Chapter 1, Title 57 of the 1976 Code is amended by adding:

"Section 57-1-305.    (A)    The commission, is reconstituted under law in effect before the date this act is approved by the Governor, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.

(B)    Nothing in this act affects the commission's jurisdiction over matters pending before the commission on or before February 15, 2008.

(C)    The commission is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter. For any term beginning after February 15, 2008, each member must have:

(1)    a baccalaureate or more advanced degree from:

(a)    a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;

(b)    an institution of higher learning that has been accredited by a regional or national accrediting body; or

(c)    an institution of higher learning chartered before 1962; or

(2)    a background of at least five years in a combination of the following:

(a)    transportation;

(b)    construction;

(c)    finance;

(d)    law;

(e)    environmental issues;

(f)    management; or

(g)    engineering.

(D)    The Department of Transportation Commission shall serve as currently appointed until new commissioners are qualified and elected."

SECTION    12.    Section 57-1-310 of the 1976 Code is 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, 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)    The Department of Transportation Commission consists of seven commissioners who reside in South Carolina and who shall have the qualifications stated in this section, as determined by the Transportation Review Committee pursuant to Article 7 of this chapter, before being appointed in the manner prescribed by this chapter. One member from each of the seven highway engineering districts shall be elected during a joint assembly of the House and Senate.

Each appointment 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 electing a commissioner does not create a cause of action or basis for an employee grievance for a person elected to or fails to be elected to the commission. Each successive commissioner must be appointed from a different county within a highway engineering district based upon the alphabetic order of the counties within the district. Each commissioner shall serve for a term of four years, except as provided in this section. At the expiration of the term of each commissioner and of each succeeding commissioner, a successor shall be appointed in the same manner as his predecessor for a term of four years or until his successor has been appointed and qualified. In the event of a commissioner vacancy due to death, resignation, or otherwise, his successor must be elected in the same manner as his predecessor and the successor-commissioner shall hold office for the unexpired term. Members of the commission may be removed for cause, as established in Section 1-3-240(C), by the Governor of the State. A member of the General Assembly of the State of South Carolina is not eligible for election as commissioner until he has been out of office for at least one year.

(B)    Candidates for appointment to the commission must be screened by the Transportation Review Committee and, prior to election by the General Assembly, must be found qualified by meeting the minimum requirements contained in Section 57-1-305(C). The review committee must submit a written report to the Clerks of the Senate and House of Representatives setting forth its findings as to the qualifications of each candidate. A candidate may not serve as a commissioner, even in an interim capacity, until he is screened and found qualified by the Transportation Review Committee."

SECTION    13.    Section 57-1-330 of the 1976 Code is amended to read:

"Section 57-1-330.    (A)    Beginning February 15, 1994 2008, 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 as provided in this article. All commission members must serve for a term of office of three four years which expires on February fifteenth of the appropriate year. 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. However, a person may not serve as a commissioner for more than one term, or not more than four years. Any vacancy occurring in the office of commissioner shall must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the highway engineering district for which he is elected shall result in the forfeiture of his office. The at-large commission member upon confirmation, shall serve as chairman of the commission.

(B)    The terms of the initial members of the commission appointed from congressional highway engineering districts are as follows:

(1)    commission members appointed to represent odd-numbered congressional highway engineering districts two four years; and

(2)    commission members appointed to represent even-numbered congressional highway engineering districts--four two years.

(C)    The at-large commissioner shall serve at the pleasure of the Governor. The chairman of the commission shall be a commissioner elected by a majority vote of the members of the commission and serve a term of two years.

(D)    When a vacancy occurs from the death, resignation, or expiration of the term of a commissioner, the Secretary of Transportation shall notify the Clerks of the House of Representatives and Senate, and the members of the Transportation Review Committee of this occurrence."

SECTION    14.    Section 57-1-350 of the 1976 Code is amended to read:

"Section 57-1-350.    (A)    The commission may adopt an official seal for use on official documents of the department.

(B)    The commission shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission may designate.

(C)    Commissioners must receive one thousand dollars for each month of service as a commissioner for district expenses and must be reimbursed for official expenses per diem and mileage as provided by law for members of state boards and commissions of the General Assembly as established in the annual general appropriation act when traveling to Columbia for official commission functions.

(D)    The commission shall approve:

(1)    the sale of surplus property by the department;

(2)    the advertisement for consultant contracts and authorize the selection of consultants by department personnel;

(3)    the adding to and deletion of roads from the State Highway System;

(4)    the execution of contracts by the department;

(5)    the department's annual budget;

(6)    the statewide transportation Improvement program;

(7)    the dedication and naming of highway facilities by the department;

(8)    any contract entered into by the department with a value in excess of five hundred thousand dollars;

(9)    additional contracts entered into by the department during a fiscal year with an entity that has already received individual contracts during that fiscal year that together are worth at least five hundred thousand dollars;

(10)    all contracts relating to road construction and maintenance ; and

(11)    and accept the Transportation Improvement Program.

(E)    The department shall establish a priority list within the Statewide Transportation Improvement Program. Once the priority list has been established by the department, it shall not be changed without two thirds approval by the commission. When compiling this list of projects or changing this list, the department shall use, but is not limited to using, the following criteria:

(1)    financial viability;

(2)    public safety;

(3)    potential for economic development;

(4)    traffic volume;

(5)    truck traffic;

(6)    the pavement quality index; and

(7)    environmental impact.

Notwithstanding the provisions contained in this subsection, projects included in the transportation improvement plan and projects submitted by the State Infrastructure Bank are excluded from modification by the Secretary of Transportation or the Department of Transportation Commissioners.

(F)    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 attending the hearing or in a private setting, whichever is the speakers' choice.

(G)    The commission shall annually review a road maintenance and bridge repair plan within each highway engineering district.

(H)    The department shall promulgate regulations that utilize the criteria contained in subsection (E) for ranking projects in each highway engineering district."

SECTION    15.    Section 57-1-410 of the 1976 Code is amended to read:

"Section 57-1-410.    The commission Governor shall employ a director Secretary of Transportation who shall serve at the his pleasure of the commission. 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 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 appropriation act."

SECTION    16.    Section 57-1-450 of the 1976 Code is amended to read:

"Section 57-1-450.    (A)    The director Secretary of Transportation shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director, except for the internal audit director and internal auditors who shall report to and serve at the pleasure of the commission. and The Secretary of Transportation shall recommend the salary for each deputy director as allowed by statute or applicable law.

(B)    The Department of Transportation District Engineering Administrators or individuals performing the function of district engineering administrators who oversee the seven Highway Engineering Districts, serve at the pleasure of the Secretary of Transportation."

SECTION    17.    A.        Section 57-1-490 of the 1976 Code is 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 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 should be completed by January 15, 2009. 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.

(C)    Copies of every audit conducted pursuant to this section must be made available to the Governor, the chairmen of the Senate Finance and Transportation Committees, and the House of Representatives Ways and Means and Education and Public Works Committees."

B.        Article 5, Chapter 1, Title 57 of the 1976 Code is amended by adding:

"Section 57-1-495.    At the end of each month, the Department of Transportation must submit an itemized and complete report of all revenues spent and for what purpose to the State Treasurer, the Governor, the Speaker of the House, and the President Pro Tempore of the Senate. Funds for the next month's expenditures must not be released to the department until the report is received by all the required recipients.

SECTION    18.    Chapter 1, Title 57 of the 1976 Code is amended by adding:

Section 57-1-710.    There is established the Transportation Review Committee, to be 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, three of whom must be members of the House of Representatives, including the Chairman of the Education and Public Works Committee, or his designee, and the Chairman of the Ways and Means Committee, or his designee, and one member appointed by the Speaker of the House of Representatives. Three of the members must be members of the Senate, including the Chairman of the Transportation Committee, or his designee, the Chairman of the Senate Finance Committee, or his designee, and one member appointed by the President Pro Tempore of the Senate. Two members of the committee must be appointed by the Speaker of the House of Representatives from the public at large, and two members of the committee must be appointed by the President Pro Tempore of the Senate from the public at large. However, in making appointments to the joint committee, race, gender, and other demographic factors should 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 Speaker and the President Pro Tempore of the Senate must be representative of all citizens of this State and must not be members of the General Assembly and must possess knowledge in a related field.

(B)    The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and 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 six members.

(C)    The review committee has the power and duty to review candidates for election to the Department of Transportation Commission to determine whether the candidates meet the qualifications set forth in this chapter.

(D)    Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Department of Transportation Commission, the candidate must not be elected to the commission.

(E)    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.

The expenses associated with the review committee duties to qualify and nominate candidates for the commission must be paid from the general fund of the State.

(F)    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.

(G)    The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.

(H)    The costs and expenses of the review committee must be funded in the annual state General Appropriations Act."

SECTION    19.    Section 57-3-10 of the 1976 Code is amended to read:

"Section 57-3-10.    The Department of Transportation must be divided into such divisions as the commission may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; and mass transit; human resources; and internal audit. The commission may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division."

SECTION    20.    Section 57-3-20 of the 1976 Code is 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.    development of statewide strategic highway plans; and

b.    directs highway engineering activities, including construction, design, construction oversight, and maintenance of state highways.

(3)    division deputy director for mass transit:

a.    development of a statewide mass transit system; and

b.    coordinate the preservation and revitalization of existing rail corridors.

(4)    division deputy director for human resources:

a.    employ an ethics compliance officer to ensure that the department's employees and commission comply fully with all laws that govern their ethical conduct.

b.    conduct two hours of mandatory ethics training seminars for all department employees and commissioners on a biennial basis. However, it must conduct a mandatory two-hour ethics seminar for each newly-hired employee and newly-elected commissioner within one month of their employment or election.

(5)    division deputy director for internal audits shall examine the finances of the department and provide an annual financial report to the commission."

SECTION    21.    Chapter 11, Title 57 of the 1976 Code is amended by adding:

Section 57-11-410.    Of the amount set aside pursuant to Section 11-11-150(H), the South Carolina Department of Transportation must:

(1)    make the following annual contributions from non-state tax resources to the State Highway Account of the South Carolina Transportation Infrastructure Bank:

Fiscal Year 2007-2008                            $20,000,000

Fiscal Year 2008-2009                            $40,000,000

Fiscal Year 2009-2010                            $60,000,000

Fiscal Year 2010-2011                            $80,000,000

Fiscal Year 2011-2012 and thereafter    $100,000,000; and

(2)    make the following annual contributions to the State Non-Federal Aid Highway Fund of the South Carolina Department of Transportation for maintenance and construction with seventy-five percent of the funds designated for maintenance and twenty-five percent designated for construction:

Fiscal Year 2007-2008                            $20,000,000

Fiscal Year 2008-2009                            $40,000,000

Fiscal Year 2009-2010                            $60,000,000

Fiscal Year 2010-2011                            $80,000,000

Fiscal Year 2011-2012 and thereafter    $100,000,000."

SECTION    22.    Section 8-17-370 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:

"Section 8-17-370.    The provisions of this article do not apply to:

(1)    members, officers, or employees of the General Assembly;

(2)    employees within the Office of the Governor who work at the mansion or in the State House or those employees appointed by the Governor to serve at or above the organizational level of assistant directors of the individual program components;

(3)    elected public officials of this State or persons appointed to fill vacancies in these offices;

(4)    all judges, officers, and employees of the Judicial Department; jurors; all employees of the Commission on Prosecution Coordination; and the judges, officers, and employees of the Administrative Law Judge Division;

(5)    members of state boards, commissions, councils, advisory councils, or committees compensated on a per diem basis;

(6)    inmate help in a charitable, penal, or correctional institution, residents of rehabilitation facilities, or students employed in institutions of learning;

(7)    part-time professional personnel engaged in consultant or contractual services;

(8)    an agency head who has the authority and responsibility for an agency within state government including the divisions of the State Budget and Control Board;

(9)    employees of the Public Service Authority, State Ports Authority, the Jobs-Economic Development Authority, or the Division of Public Railways and the Division of Savannah Valley Development of the Department of Commerce;

(10)    teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10;

(11)    athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10;

(12)    deputy directors as defined in Section 8-17-320;

(13)    regional and county directors of the Department of Social Services as defined in Section 43-3-40(B);

(14)    employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision;

(15)    presidents of the South Carolina Technical College System;

(16)    a retired member of the South Carolina Police Officers Retirement System or a retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act; and

(17)    notwithstanding the provisions of Section 9-1-2210(E), any participant in the Teacher and Employee Retention Incentive Program.;

(18)    the chief investment officer and all other employees of the Retirement System Investment Commission.; and

(19)    District Engineering Administrators or individuals performing the function of district engineering administrators of the Department of Transportation."

SECTION    23.    Sections 57-1-320 and 57-1-325 are repealed.

SECTION    24.    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    25.    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    26.    Wherever the term director appears in the 1976 Code and means the chief administrative officer of the Department of Transportation, it shall mean the Secretary of Transportation. Wherever the term Department of Transportation District appears in the 1976 Code and means the geographical regions from which members of the Department of Transportation Commission must be elected, it shall mean highway engineering district. The Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.

SECTION    27.    Article 5, Chapter 1, Title 57 of the 1976 Code is amended by adding:

"Section 57-1-480.    Annually, the department shall review all real property titled to it and shall make a determination as to whether the property is in excess of the department's needs. Upon approval of the Engineering Administrator and the District Commissioner, properties determined to be in excess of the department's needs must be disposed of at fair market value."

SECTION    28.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

DANIEL T. COOPER for Committee.

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 IMPROVEMENT PROGRAM (STIP); 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 Improvement Program (STIP).

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 Improvement Program (STIP) 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)    The board must finalize and approve the methodology. An approved methodology must be used in designing the Statewide Transportation Improvement Program (STIP) until the board determines that the methodology must be revised. If a methodology is revised by the board, the methodology must be approved as provided in this subsection prior to being used to design the Statewide Transportation Improvement Program (STIP). After the methodology is approved, the board, in conjunction with the chief highway engineer, must design the Statewide Transportation Improvement Program (STIP) in compliance with the approved methodology. The board must develop a schedule for designing of the Statewide Transportation Improvement Program (STIP) that meets federal and state requirements and the needs of the public.

(b)    The department shall conduct one or more public hearings to receive input prior to developing the Statewide Transportation Improvement Program (STIP). 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 the plan and forward its comments as provided in Section 57-1-730(10)(b).

(D)    The department must promulgate the Statewide Transportation Improvement Program (STIP) as a regulation under the provisions of Article 3 of Chapter 23 of Title 1, the State Administrative Procedures Act. The Statewide Transportation Improvement Program (STIP) is effective only after the regulation is approved by the General Assembly as provided in Sections 1-23-120, 1-23-125, and 1-23-126. The Statewide Transportation Improvement Program (STIP) must not be promulgated as an emergency regulation under the provisions of Section 1-23-130; however, in the case of a natural disaster, revisions to the Statewide Transportation Improvement Program (STIP) may be promulgated as an emergency regulation.

(E)    Any project placed in the Statewide Transportation Improvement Program (STIP) 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 appointed 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 appointed 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 appointed 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 appoint a chief highway engineer who shall serve a four-year term and 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 established under the provisions of Section 8-11-160 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 board 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 reappointment to the board;

(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 commented upon the proposals;

(10)(a)    to submit a letter to the General Assembly indicating the review committee has reviewed and commented upon the methodology for the Statewide Transportation Improvement Program (STIP) as provided in Section 57-1-60(B)(4);

(b)    following its evaluation of the Statewide Transportation Improvement Program (STIP), to submit a letter to the General Assembly indicating the review committee has reviewed and commented upon the Statewide Transportation Improvement Program (STIP) 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 appropriation 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.