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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 16, 2007
S. 355
Introduced by Senators Grooms, Richardson, Verdin, Campsen and Vaughn
S. Printed 5/16/07--S.
Read the first time April 10, 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 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.
Amend Title To Conform
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 57-1-380 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' 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).
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 Plan (STIP) that includes, but is not limited to, the schedule of priorities for all construction projects with a projected cost of over ten million dollars, bridge replacement, major intersection improvements, widenings, interchanges, transportation earmarks, construction and scheduled repair of weigh stations, rest areas, and welcome centers and funds allocated to complete those projects. The Statewide Transportation Improvement Plan (STIP) shall not include routine operation and maintenance as defined in this section.
(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(9).
(5)(a) Following review of the methodology by the Joint Transportation Review Committee, the department must promulgate the methodology as a regulation under the provisions of Article 3 of Chapter 23 of Title 1, the State Administrative Procedures Act. The methodology 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 methodology must not be promulgated as an emergency regulation under the provisions of Section 1-23-130. The approved methodology must be used in designing the Statewide Transportation Improvement Plan (STIP) until the board determines that the methodology must be revised. If the methodology is revised by the board, the methodology must be approved as provided in this subsection prior to becoming effective and used to design the Statewide Transportation Improvement Plan (STIP). After the methodology is approved by regulation, the board, in conjunction with the Chief Highway Engineer, must design the Statewide Transportation Improvement Plan (STIP) in compliance with the approved methodology. The Chief Highway Engineer must certify that the State Transportation Improvement Plan (STIP) meets all federal and state standards before it may be implemented. The board must develop a schedule for designing of the Statewide Transportation Improvement Plan (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 Plan (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)(1) The Executive Director is charged with evaluating and approving the routine operation and maintenance requests or emergency repairs that are needed for existing roads and bridges that are not included in the Statewide Transportation Improvement Plan.
(2) Any request made under this subsection for resurfacing, installation of new signals, curb cuts, bike lanes, or construction projects under ten million dollars must be reviewed by the Chief Highway Engineer who must certify in writing to the Executive Director that the request is needed based upon objective and quantifiable factors before work may proceed.
(3)(a) For purposes of this section 'routine operation and maintenance' includes, but is not limited to, signage of routes, pavement marking, replacement and installation of guard rails, repair and installation of signals, 'chip seal' of existing roads, enhancement projects such as streetscaping, adopt an interchange, bike lanes, curb cuts, installation of overhead message boards and cameras, research projects funded with federal aid, and pavement management system mapping.
(b) For purposes of this section 'emergency repairs' means, but is not limited to, unforeseen deterioration of roads, bridges or equipment due to accidents, natural disasters or other causes that could not have been expected or that pose an immediate danger to the public.
Section 57-1-65. (A) At each board meeting the Executive Director must provide a detailed written report of all:
(1) requests that he has received since the last board meeting for routine operation and maintenance or emergency repairs, his decision concerning those requests, and a status report on all approved requests; and
(2) pending projects certified by the Chief Highway Engineer and the status of those projects, if there has been any material change in the status since the last board meeting.
(B) The board must review the report and make findings as to whether the requests approved by the Executive Director meet the needs of the public based upon objective and quantifiable factors.
(C) The board may question the Executive Director concerning the approval or denial of any request and the process the Executive Director employed to reach his decision. The board may also request additional information concerning any request and further investigate any request, approval, or denial of a project by the Executive Director. The Executive Director must fully cooperate with any request made of him or his office by the board regarding any further investigation undertaken by the board.
(D) The text of the Executive Director's written report and the findings made by the board must be included in the board meeting minutes. A list of all projects certified since the last meeting of the board by the Chief Highway Engineer, together with an explanation of the objective and quantifiable factors used to justify his certification, must also be included in the board meeting minutes.
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's administrative and governing authority is a board composed of seven members, one member elected from each congressional district of the State and one member appointed by the Governor, with the advice and consent of the Senate, from the state at large.
(B) (1) Candidates for election to the board must be screened by the Joint Transportation Review Committee, as provided in Article 7 of this chapter, and determined to meet the qualifications contained in subsection (C) of this section before being nominated by the review committee and eligible for election by the appropriate legislative delegation.
(2) The Senate Transportation Committee must determine whether the at large appointee meets the qualifications of subsection (C) and report its findings to the Senate. Unless the Senate Transportation Committee finds a gubernatorial appointee qualified, the appointee must not be confirmed by the Senate.
(C) The qualifications that each board member must possess, include, but are not limited to:
(1) reside in South Carolina and, in the case of a member representing a congressional district, reside in the congressional district he represents; and
(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.
(D) The review committee may find a candidate qualified even if does not have a background of substantial duration and expertise as provided by item (C)(2), if the review committee finds that the candidate possesses other outstanding qualifications or expertise that would greatly contribute to the board's overall performance of its duties and obligations.
(E) No member of the General Assembly or member of his immediate family shall be elected or 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 elected or 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.
(F) A person that served on the Department of Transportation Commission may be elected to serve on the board if he is otherwise qualified.
Section 57-1-320. (A) A county that is divided among two or more Department of Transportation congressional 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 successive terms and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter.
Section 57-1-325. (A) Legislators residing in representing a portion of a the congressional district shall meet, as required by subsection (C), 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 board member 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 board member. The delegation must use a weighted voting formula in the election. No person may be elected commissioner who fails to receive a majority of the weighted vote of the members of the delegation may be elected to serve on the board.
(B) 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 a board member. 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 a board member. Each commissioner elected board member shall serve until his successor is elected and qualified.
(C) An election held to choose a district board member must be held no earlier than one week and no later than three weeks after the Joint Transportation Review Committee files its report of the qualifications of the candidates with the Clerk of the Senate and the Clerk of the House of Representatives.
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 elected board members must serve for a term of office of four years, except as provided in subsection (B), which expires on 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 an elected board member must shall be filled by election in the manner provided in this article chapter for the unexpired term only. No person is eligible to serve as a commission an elected board member who is not a resident of that the congressional district he represents at the time of his appointment, . except that the The at-large commission board member may be appointed from any county in the State regardless of whether unless another commissioner board member is serving from that county. Failure by a commission an elected board member to maintain residency in the 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 Board members of the commission initially elected appointed from congressional districts are as follows: shall complete the term office for which the commissioner representing the corresponding congressional district was elected. Thereafter, board members shall serve a term of four years.
(1) commission members appointed to represent odd-numbered congressional districts--two years; and
(2) commission members appointed to represent even-numbered congressional districts--four years.
(C) The at-large commissioner shall serve at the pleasure of the Governor for a term of four years.
(D) All board members may be removed from office as provided in Section 1-3-240(C)(1).
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 elect a chairman and 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.
(D) All board members are eligible to vote on all official business that comes before the board.
Section 57-1-360. The board shall hire appropriate legal and administrative staff as the board feels necessary to carry out the functions required of the board. Any employees hired pursuant to this section shall serve at the pleasure of the board.
Section 57-1-370. The board has authority to award all federal enhancement grants. Annually, the board must submit a report to the Joint Transportation Review Committee describing the number of federal enhancement grants that were awarded and the recipients of the federal enhancement grants.
Section 57-1-380. (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 begin screening and determining if candidates are qualified to serve as initial board members.
(B) Commissioners legally holding office on the Department of Transportation Commission on the effective date of this act to serve as initial board members may file a notice of intention to seek election to the board.
(C) Notwithstanding the provisions of Section 1-3-210, the initial at large board member 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 at large board member to the Senate and must forward a formal appointment during the 2008 regular session. An interim appointment 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 the interim appointment of the initial at large 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 expires on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant.
(D) No later than thirty days after the final initial board member is elected or 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.
(E) The Department of Transportation Commission is abolished 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 are devolved upon the board.
Section 57-1-410. (A) The commission Governor shall employ a director appoint with the advice and consent of the Senate an Executive Director who shall serve at the pleasure of the commission Governor. A person appointed to this position shall be a citizen of possess practical and successful business and executive ability and who has a knowledge be knowledgeable 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.
(B) The board shall appoint with the advice and consent of the Senate, a Chief Highway Engineer who shall serve for a term of two years and who may be removed by the board only for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. A person appointed to this position shall have, at a minimum, a baccalaureate degree in civil engineering and any other experience the board may require. The Chief Highway Engineer, in conjunction with the board, must develop the methodology for determining how to design the Statewide Transportation Improvement Plan (STIP) and design the Statewide Transportation Improvement Plan (STIP) as provided in this chapter. In addition, the Chief Highway Engineer shall have any other duties, powers, functions, and responsibilities authorized by the board or provided by law. The Chief Highway Engineer shall have such staff and support as may be authorized and funded by the board and 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.
(C)(1) There is created an Office of Internal Audit that must establish, implement, and maintain the exclusive internal audit function of all departmental activities. The board shall appoint a Chief Internal Auditor to manage and operate the Office of Internal Audit. The Chief Internal Auditor shall serve for a term of two years and who may be removed by the board only for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. The Chief Internal Auditor must be a Certified Public Accountant and possess any other experience the board may require. The audits performed by the office must comply with recognized governmental auditing standards. The department must timely produce all books, papers, correspondence, memoranda, and other records considered necessary in connection with an internal audit. The department must, at its own expense, provide appropriate office space within its headquarters building and facility service, including janitorial, utility and telephone services, computer and technology services, and related supplies, to the Office of Internal Audit.
(2) The board is vested with the exclusive management and control of the Office of Internal Audit. All final audit reports must be submitted to the board before being made public.
Section 57-1-430. (A) The director Executive Director is charged with the affirmative duty to must carry out the policies of the commission, and to administer the day-to-day affairs of the department, to direct the implementation of the Statewide Transportation Improvement Plan (STIP) and the statewide mass transit plan, and to ensure the timely completion of all projects certified by the Chief Highway Engineer, and routine operation and maintenance requests, and emergency repairs. and may exercise all powers belonging to the commission within the guidelines and policies established by the commission, when the commission is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government. The Executive Director must prepare a budget for the department that must be approved by the board and a copy of which must be submitted to the General Assembly.
(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 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 appointed by the Speaker of the House of Representatives upon the recommendations of the House Majority Leader and the House Minority Leader.
(B) In making appointments to the review 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 quarterly and at the call of the chairman or by a majority of the members. A quorum consists of five members.
Section 57-1-730. The review committee has the following powers and duties:
(1) to screen candidates for election to the board;
(2) in screening candidates and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:
(a) ability, area of expertise, 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 candidates are qualified and meet the requirements provided by law to serve as members of the Department of Transportation Board, make findings concerning whether the candidates are qualified, and deliver its findings to the Clerk of the Senate and the Clerk of the House of Representatives;
(4) to nominate for election all qualified candidates, not to exceed three, for each vacancy on the board;
(5) to submit to the Chairman of the Senate Transportation Committee and to the Chairman of the House Education and Public Works Committee, on an annual basis, the review committee's evaluation of the actions of the department, 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 Chairman of the Senate Transportation Committee and to the Chairman of the House Education and Public Works Committee, on an annual basis, the review committee's evaluation of the performance of the board and recommendations for any statutory changes. 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 the Department in developing 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 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; and
(9) to submit a letter to the Chairman of the Senate Transportation Committee and the Chairman of the House Education and Public Works Committee indicating the review committee has reviewed the methodology for the Statewide Transportation Improvement Plan as provided in Section 57-1-60(B)(4).
Section 57-1-740. (A) For purposes of this section, a vacancy is created on the board when a term expires, a new congressional district is created, or a board member resigns, dies, or is removed from office as provided in Section 57-1-330(C). Except in the case of the death of a board member, the review committee may provide notice of a vacancy and begin screening prior to the actual date of the vacancy.
(B) Whenever a board member must be elected to fill a vacancy:
(1) The review committee must forward a notice of the district board member vacancy to:
(a) a newspaper of general circulation within the congressional district from which a board member must be elected with a request that it be published at least once a week for four consecutive weeks;
(b) any person who has informed the committee that he desires to be notified of the vacancy; and
(c) to each member of the General Assembly representing a portion of the congressional district.
The committee may provide such additional notice that it deems appropriate.
(2) The review committee may not accept a notice of intention to seek the office from any candidate until the review committee certifies to the Clerk of the Senate and the Clerk of the House of Representatives that the proper notices, required by this section, have been published or provided or until the time for the publication of the notices has expired.
(3) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of the Senate and the House of Representatives as contained in the annual appropriations act.
(C) Any person that would like to be a candidate for election to fill a vacancy on the board must file a notice of intention with the review committee no later than five business days after the last date which the published notice appeared in a newspaper of general circulation.
(D)(1) At the close of the notice of intention filing period, the review committee shall begin to conduct investigations of the candidates, as it considers appropriate, and may utilize the services of any agency of state government to assist in the investigations. Upon request of the review committee for assistance, an agency shall cooperate fully.
(2)(a) Upon completion of the candidate investigations, the chairman of the review committee shall schedule a public hearing concerning the qualifications of the candidates. Any person who desires to testify at the hearing, including the candidates, must furnish a written statement of his proposed testimony to the chairman of the review committee. These statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The review committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the review committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the review committee may schedule an executive session at which each candidate, and other persons whom the review committee wishes to interview, may be interviewed on matters pertinent to the candidate's qualification for the office to be filled. The review committee shall render its tentative findings as to whether the candidate is qualified to serve on the board as a district member and its reasons for making the findings within a reasonable time after the hearing. (b) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses and a copy must be furnished to each candidate.
(c) No member of the legislative delegation electing a board member may pledge his vote until the qualifications of all candidates to fill the vacancy have been determined by the review committee and until the review committee has formally released its report as to the qualifications of its nominees to the member of the legislative delegation. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the names of the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requests another person to contact a member of the legislative delegation on behalf of the candidate before nominations for that office are formally made by the review committee. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(d) A candidate may withdraw at any stage of the proceedings, and in this event no further inquiry, report on, or consideration of his candidacy shall be made.
(3) All records, information, and other material that the review committee has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, shall be kept strictly confidential. After the review committee has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential must be destroyed.
(4)(a) The review committee may, in the discharge of its duties, administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the review committee.
(b) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the review committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed during testimony.
(c) In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the review committee, may issue to the person an order requiring him to appear before the review committee to produce evidence, if so ordered, or to give testimony concerning the matter under investigation. Any failure to obey an order of the court may be punished as contempt. Subpoenas shall be issued in the name of the review committee and shall be signed by the review committee chairman. Subpoenas shall be issued to those persons as the review committee may designate.
(5) The privilege of the floor in either house of the General Assembly may not be granted to any candidate, or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the review committee and during the time the candidate's election is pending.
Section 57-1-750. (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's duties to qualify and nominate candidates for the Department of Transportation Board must be paid from the legislative appropriation of the general fund of the State.
Section 57-1-760. (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 and as may be funded in the legislative appropriation of the annual general appropriations act.
(C) The costs and expenses of the review committee must be funded in the legislative appropriation of the annual general appropriations act.
Section 57-1-770. 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. Unless extended by subsequent act of the General Assembly, the Governor's authority to appoint the Executive Director of the Department of Transportation pursuant to Section 57-1-410(A) terminates and is devolved upon the Department of Transportation Board effective July 1, 2015. All other provisions regarding the rights, powers, and duties of the Executive Director shall remain in full force and effect.
SECTION 6. 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 7. 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 8. (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 9. 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.