Current Status Introducing Body:House Bill Number:4897 Primary Sponsor:Phillips Committee Number:21 Type of Legislation:GB Subject:Highway Department, certain funds Residing Body:House Current Committee:Education and Public Works Computer Document Number:DKA/3945.AL Introduced Date:May 28, 1992 Last History Body:House Last History Date:May 28, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Phillips Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4897 House May 28, 1992 Introduced, read first time, 21
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-27-1295 SO AS TO AUTHORIZE FUNDS CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO MATCH FEDERAL HIGHWAY FUNDS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENTS OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO AMEND SECTION 57-3-450, RELATING TO THE SECRETARY-TREASURER OF THE DEPARTMENT, SO AS TO CHANGE THE NAME OF THE OFFICER AND PROVIDE FOR HIS APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 57-3-460, RELATING TO THE BOND OF THE SECRETARY-TREASURER, SO AS TO CHANGE THE NAME OF THE OFFICER; TO AMEND SECTION 57-3-470, RELATING TO THE STATE HIGHWAY ENGINEER, SO AS TO CHANGE THE NAME OF THE OFFICER AND PROVIDE FOR HIS APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT; AND TO REPEAL SECTION 2-63-10 RELATING TO THE COMMITTEE TO REVIEW INTRABUDGETARY TRANSFERS OF FUNDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 12-27-1295. When all funds available to the Department of Highways and Public Transportation to match federal highway funds are exhausted, not including `C' funds, and federal highway funds would otherwise be lost, revenues credited to the Strategic Highway Plan for Improving Mobility and Safety Fund (SHIMS) established pursuant to Section 12-27-1260 may be used to match federal highway funds. Revenues in the SHIMS fund not required to match federal highway funds must be used for SHIMS projects that are ineligible to receive federal highway funds."
SECTION 2. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read:
Section 57-11-10. As used in this article:
(1) The expression `Accident claims,' as used in this article, means all claims against the South Carolina Department of Highways and Public Transportation department as provided for by law, except contractual claims.;
(2) The expression `Gasoline tax,' as used in this article, includes taxes for the privilege of selling, consigning, using, shipping, or distributing gasoline or any substitute therefor substitutes or combination thereof of them, usable in internal combustion engines for the generation of power.
Section 57-11-20. All revenues and income expendable by the Department may be consolidated into one fund to be known as the "State Highway Fund," and, except as to moneys utilized by the State Treasurer for the payment of principal or interest on State highway bonds as authorized by Section 57-11-250, shall be paid out upon the authority of the Commission, on warrants of the Department approved by the Executive Director of the Department of Highways and Public Transportation or such bonded officers or employees as may be designated by the Executive Director of the Department of Highways and Public Transportation, and in the manner, and only for the several purposes, provided by law in respect to such funds. (A) All revenues and monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `State Highway Trust Fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law.
(B) Beginning July 1, 1993, the department must process all payment for goods and services, including but not limited to right-of-way acquisitions, through the Comptroller General's Office.
(C) Beginning January 1, 1994, the department shall process the payment for all personnel services through the Comptroller General's Office.
(D) For all capital improvement and permanent improvement projects beginning on or after July 1, 1994, the department shall enter detailed project numbers on all transactions submitted to the Comptroller General.
(E) The Comptroller General may continue to make all deductions from the compensation of employees that are authorized by the department on the effective date of this section.
Section 57-11-30. The department may set aside and deposit in its name a revolving fund, and all payments from such the fund shall must be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation State Highway Trust Fund.
Section 57-11-40. Not more than sixty days prior to before the beginning of each fiscal year 1992-93, the department shall make an estimate of the revenues to be received by the department during such the fiscal year, and after deducting therefrom from the revenues the amounts required by the State Treasurer for the payment of the principal and interest on state highway bonds due or falling due in such the year, it shall estimate the amounts required for the payment of the expenses of the department for such the fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims, and law enforcement. Beginning with fiscal year 1993-94, the department must furnish the information required by this section to the Budget and Control Board pursuant to Section 11-11-30.
Section 57-11-50. From the remainder of such the revenues and receipts of such each fiscal year as estimated pursuant to Section 57-11-40, after paying the sum appropriated by said the section, there is hereby must be appropriated a sum sufficient to maintain the highways of the state highway system for such that year in a sound and serviceable condition. Any surplus of such estimated revenues and receipts for the fiscal year, including available balances brought forward from previous years, is hereby appropriated for the construction, reconstruction, and maintenance of state highways and for the payment of other expenses of the department.
Section 57-11-60. The department, through June 30, 1993, may issue duplicate checks, drafts, warrants, or vouchers upon receipt of a competent indemnity bond executed by the payee and guaranteed by a responsible person, and the department may also may execute indemnity bonds when, necessary to secure the issuance of duplicate checks payable to the department, when the originals of which have been lost.
Section 57-11-70. The Beginning with the fiscal year which ends June 30, 1993, the books and accounts of the department shall must be audited at least once a year by a certified public accountant or firm of certified public accountants, to be designated by the Governor, and a report of the audit shall must be made annually by October fifteenth to the General Assembly. Certified public accountants or firms shall submit proposals to the Governor's Office. The accountant or firm must be selected from a list of the three lowest proposals submitted to the Governor. The costs and expenses of such the annual audit shall must be paid by the department out of its funds.
Section 57-11-80. The General Assembly hereby approves, ratifies, confirms and validates all outstanding indebtedness incurred for highway purposes prior to June 13, 1951, including:
(1) All State highway certificates of indebtedness;
(2) All State highway bonds; and districts and bridge districts;
And directs the payment thereof, according to their tenor and obligation, except that, in the case of reimbursement agreements securing outstanding bonds or other obligations, the South Carolina Department of Highways and Public Transportation may, in its discretion, make payments due on account of such agreements directly to the paying agent of the outstanding bonds or other such outstanding obligations. The department shall adopt a budget in accordance with Chapters 9 and 11 of Title 11 and specific provisions of Sections 57-11-40 and 57-11-50. Beginning July 1, 1993, the department is not considered a lump sum agency.
Section 57-11-90. (1) The State Treasurer is authorized to establish with any bank having a suitable trust department an irrevocable trust for the payment of the principal and interest of all State highway bonds to be outstanding on July 1, 1968, and to deposit in the trust fund a sum equal to the aggregate of the principal and interest requirements of the bonds. The trust may provide that it may be invested and reinvested in obligations of the United States or any agency thereof, but with maturities consonant with the need for funds, and any income thereof not required for the payment of the principal and interest of the bonds shall be remitted to the South Carolina Department of Highways and Public Transportation annually and shall become a part of its general highway fund. The trust instrument shall impose upon the trustee thereof the duty to make the sums required for the payment of principal and interest available to the paying agent of the outstanding bonds not later than five days preceding the several principal and interest payment dates. The State Treasurer shall be empowered to execute any and all documents necessary to implement the authorization granted by this section.
(2) When the trust authorized by subsection (1) of this section shall become effective, all remaining funds in the sinking fund established by Section 33-265 of the Code of Laws of South Carolina, 1962, shall upon request of the South Carolina Department of Highways and Public Transportation be paid to and become a part of the general highway fund of the South Carolina Department of Highways and Public Transportation.
(3) Section 33-265 of the Code of Laws of South Carolina, 1962, shall not apply to any State highway bonds and certificates of indebtedness issued subsequent to July 1, 1968."
SECTION 3. Section 57-3-450 of the 1976 Code is amended to read:
"Section 57-3-450. There shall must be a Secretary-Treasurer Director of Finance and Administration of the department. The Secretary-Treasurer who shall must be the fiscal and administrative officer of the department,. The Director of Finance and Administration who shall, in addition to his the duties as fiscal and administrative officer, must record the proceedings of the commission. The Secretary-Treasurer shall Director of Finance and Administration must be appointed by the Commission to serve in office at the pleasure of the Commission executive director of the department. His compensation shall be fixed by the Commission. The Director of Finance and Administration may receive compensation established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act."
SECTION 4. Section 57-3-460 of the 1976 Code is amended to read:
"Section 57-3-460. The Secretary-Treasurer shall Director of Finance and Administration, before entering upon the duties of his office, shall give bond to the State in the sum of fifty thousand dollars for the faithful performance of his the required duties. He shall take and return the oath of office as prescribed for all State officers."
SECTION 5. Section 57-3-470 of the 1976 Code is amended to read:
"Section 57-3-470. There shall must be a State Highway Engineer. The State Highway Engineer shall be is the administrative head of the engineering division and, as such, shall direct directs the highway engineering work of the department and the activities of said the engineering division. The State Highway Engineer shall be appointed by the Commission to serve in office at the pleasure of the Commission must be appointed by the executive director of the department. The State Highway Engineer may receive compensation established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriations act. His compensation shall be fixed by the Commission. A person appointed to the position of State Highway Engineer shall must be a competent professional engineer registered in this State, skilled and experienced in highway planning, design, construction, and maintenance, and shall be an engineering graduate of a college or university with an accredited course in engineering. The selection of the engineer may be based upon a civil service examination, under rules and regulations to be made and promulgated by the Commission department. The Engineer shall take and return the oath of office as prescribed for all State officers."
SECTION 6. Section 2-63-10 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.