Current Status Introducing Body:Senate Bill Number:494 Primary Sponsor:Lourie Type of Legislation:GB Subject:Highways and Public Transportation Department Residing Body:House Computer Document Number:494 Introduced Date:Jan 16, 1991 Date of Last Amendment:Feb 20, 1992 Last History Body:House Last History Date:Jun 02, 1992 Last History Type:Objection withdrawn by Representative Scope of Legislation:Statewide All Sponsors:Lourie Leventis McConnell J. Verne Smith Macaulay Passailaigue Long Fielding Helmly Thomas Russell Rose Mitchell Washington Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
494 House Jun 02, 1992 Objection withdrawn by
Representative
494 House May 21, 1992 Objection withdrawn by
Representative
494 House May 20, 1992 Objection by Representative
494 House May 07, 1992 Committee Report: Favorable 21
with amendment
494 House Apr 29, 1992 Recommitted to Committee 21
494 House Apr 22, 1992 Recalled from Committee 21
494 House Feb 25, 1992 Introduced, read first time, 21
referred to Committee
494 Senate Feb 20, 1992 Amended, read third time,
sent to House
494 Senate Feb 19, 1992 Amended, consideration
interrupted by adjournment,
remaining in status of
adjourned debate
494 Senate Feb 13, 1992 Consideration interrupted by
adjournment, remaining in
status of adjourned debate
494 Senate Feb 12, 1992 Amended, consideration
interrupted by adjournment,
remaining in status of
adjourned debate
494 Senate Feb 11, 1992 Debate interrupted by
adjournment, remaining in
status of adjourned debate
494 Senate Jan 28, 1992 Debate adjourned
494 Senate May 15, 1991 Continued
494 Senate May 15, 1991 Read second time, ordered to
third reading with notice of
general amendments, carrying
over all amendments to third
reading
494 Senate May 09, 1991 Debate interrupted by
adjournment
494 Senate May 08, 1991 Debate interrupted by
adjournment
494 Senate May 07, 1991 Debate interrupted by
adjournment
494 Senate May 01, 1991 Debate interrupted by
adjournment
494 Senate Apr 23, 1991 Debate interrupted by
adjournment
494 Senate Apr 18, 1991 Debate interrupted by
adjournment
494 Senate Apr 17, 1991 Debate interrupted
494 Senate Apr 04, 1991 Carried over, not to be
considered before Tuesday,
April 16
494 Senate Apr 02, 1991 Amended, debate interrupted
by adjournment
494 Senate Mar 21, 1991 Debate adjourned
494 Senate Mar 20, 1991 Debate interrupted by recess
494 Senate Mar 19, 1991 Debate interrupted by
adjournment
494 Senate Mar 06, 1991 Committee Report: majority 15
favorable, with amendment,
minority unfavorable
494 Senate Feb 19, 1991 Recommitted to Committee, 15
retaining its place on the
Calendar
494 Senate Feb 14, 1991 Committee Report: Favorable 15
494 Senate Jan 16, 1991 Introduced, read first time, 15
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 7, 1992
S. 494
Introduced by SENATORS Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington
S. Printed 5/7/92--H.
Read the first time February 25, 1992.
To whom was referred a Bill (S. 494), to amend Articles 1, 3, and 5, Chapter 3, Title 57, Code of Laws of South Carolina, 1976, relating to the establishment of the South Carolina Department of Highways and Public Transportation, 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. Article 3, Chapter 3, Title 57 of the 1976 Code is amended to read:
Section 57-3-210. The several judicial circuits congressional districts of the State are for the purposes of this Title hereby constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective judicial circuits congressional districts in existence on January 1, 1991. For each of such highway districts district there shall must be chosen in the manner and for the terms of office herein provided a in this article two highway commissioner commissioners to be known as a district highway commissioner commissioners. A county that is divided between two or more congressional districts, for purposes of appointment of district highway commissioners, is considered to be in the district that has the most of that respective county's population. Two commissioners One commissioner, upon the advice and consent of the Senate, shall must be appointed by the Governor from the State at large, whose terms term shall be is coterminous with that of the Governor appointing. The commissioner appointed by the Governor serves as chairman of the commission. The several commissioners so chosen shall constitute as a body the State Highway and Public Transportation Commission.
Section 57-3-220. Upon the expiration of the terms of office of the present district highway commissioners (the terms of the commissioners for the second, ninth, tenth, twelfth and fourteenth districts expiring April 15, 1962, those for the third, eighth, eleventh and thirteenth districts April 15, 1963 and those for the first, fourth, fifth, sixth and seventh districts April 15, 1964), the district highway commissioners shall be chosen as provided herein for a term of office of four years, which shall expire on April fifteenth of the appropriate year. The legislative delegations representing the counties of each highway district herein created shall meet upon written call of a majority of the members of the delegations of each highway district at a time and place to be designated in such call for the purpose of electing a highway commissioner to represent such highway district. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given highway district shall constitute a quorum for the purpose of electing a district highway commissioner, but no person shall be declared elected district highway commissioner who shall fail to receive a majority vote of all the members of the county legislative delegations from the highway district. The joint county legislative delegations of each highway district shall be organized by the election of a chairman and a secretary, and such joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each highway district shall immediately transmit the name of the person elected to the Secretary of State, who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon forthwith issue a commission to such person, and pending such issuance the aforementioned certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office as commissioner. Each district highway commissioner shall serve until his successor shall have been elected and qualified. Beginning April 15, 1993, district commissioners must be elected by the legislative delegation of each congressional district for a term of office of four years, which expires on April fifteenth of the appropriate year. The terms of the initial members of the commission elected by the legislative delegations pursuant are as follows:
(1) commissioners elected to represent Seat A in each congressional district: two years;
(2) commissioners elected to represent Seat B of each congressional district: four years.
Candidates must declare for Seat A or Seat B in each district. No county within a highway district shall have a resident commissioner for more than one consecutive term and in no event shall any two commissioners from the same county serve simultaneously. The legislative delegations representing the counties of each district shall meet upon written call of a majority of the members of the delegations 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 legislative delegation from a given district constitute a quorum for the purpose of electing a district commissioner. No person may be elected district commissioner who fails to receive a majority vote of the members of the legislative delegation.
The legislative delegation must be organized by the election of a chairman and a secretary, and the legislative delegations of each 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 legislative 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 district 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 shall serve until his successor is elected and qualified.
Section 57-3-225. A qualified elector of the district may be elected to represent that district on the commission. Failure by a commissioner to maintain his residency in the district for which he is elected results in the forfeiture of his office. Section 57-3-230. Any A vacancy as district highway commissioner occurring by death, resignation, or removal shall must be filled by election in the manner provided in Section 57-3-220 for the unexpired term only. Any A vacancy as district highway commissioner occurring or approaching on account of the expiration of the term of office may be filled by election as provided in this section at any time within sixty days prior to before the expiration of such the term of office or afterwards.
Section 57-3-240. Representation of a given highway district on the commission shall be rotated among the counties of the district, except by unanimous consent of all members of the county legislative delegations from the district. No district highway commissioner elected under the provisions of this article shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the district. The legislative delegation of any county entitled to a district highway commissioner under the provisions of this section shall nominate at least three suitable persons for the office, one of whom shall be elected district highway commissioner by a majority vote of all of the members of the county legislative delegations representing the district.
Section 57-3-250. Each district highway commissioner shall receive such compensation as may be provided by the General Assembly per annum, and must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual appropriations act.
Section 57-3-260. The State Highway and Public Transportation Commission chairman shall select its chairman and other officers a vice-chairman and first vice-chairman to serve for such terms as the Commission may designate two-year terms. The commission shall adopt its own rules and procedures. The Secretary-Treasurer Director of Finance and Administration of the South Carolina department of Highways and Public Transportation shall act acts as secretary of the commission.
Section 57-3-270. The commission may adopt an official seal for use on official documents of the department."
SECTION 2. Any present member of the South Carolina Department of Highways and Public Transportation Commission or members of the commission elected before the effective date of this act continue to serve until April 15, 1994.
SECTION 3. 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 act.
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 State Highway Department 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 State Highway Department be paid to and become a part of the general highway fund of the State Highway Department.
(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 4. Section 11-35-45(B) of the 1976 Code is amended to read:
"(B) All agencies and institutions of the State are required to comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grants Consortium shall process all payments for goods or services through the Comptroller's Comptroller General's Office. Only the lump sum institutions of higher education and through June 30, 1993, the Department of Highways and Public Transportation shall be are responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work day period work-day-period."
SECTION 5. 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 6. 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 7. 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 8. Section 57-3-760 of the 1976 Code is amended to read:
"Section 57-3-760. The department shall, during each regular session of the General Assembly, shall make a full, printed, detailed report to the General Assembly showing an analysis of:
(1) the department's accomplishments in the past year; and
(2) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system,;
(3) a five-year plan detailing the regulation of traffic thereon which includes, the administration and enforcement of traffic, driver, and motor vehicle laws and other laws relating to such these subjects, the coordination of state and federal programs relating to public mass transportation among the departments, agencies, and other bodies politic and legally constituted agencies thereof of them in the State,;
(4) a listing of all firms, companies, or businesses of any type whose contract with the department exceeds thirty thousand dollars;
(5) receipts of gasoline taxes and motor vehicle license fees, disbursements of the department, and such other data as may be of interest in connection with the work of the department."
SECTION 9. The Department of Highways and Public Transportation shall pay into the general fund of the State a sum, as established by the annual general appropriations act, which must be its proportionate share under the Statewide Cost Allocation Plan to the Office of the Comptroller General for the administration of services.
SECTION 10. Upon the effective date of this act, the State Highways and Public Transportation Commission must review all pending construction projects under the Strategic Highway Plan for Improving Safety and Mobility Program. From this review, the commission shall prepare a written report that details all projects, including the approximate location of the project and the estimated cost of completing the projects. The commission, whenever possible, shall continue all projects which have been previously approved pursuant to the Strategic Highway Plan for Improving Safety and Mobility. All unobligated Strategic Highway Plan for Improving Safety and Mobility funds not approved by the commission for the continuation of construction projects must be transferred to a special account within the State Highway Trust Fund which must be designated and used only for highway construction purposes including the matching of federal funds.
SECTION 11. Section 12-27-1270 of the 1976 Code, as last amended by Part II, Section 4A, Act 171 of 1991, is further amended to read:
"Section 12-27-1270. The first ten million dollars Funds generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in transferred into a separate account for economic development as provided in this section. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated fund balance of ten fifteen million dollars but not to exceed ten million dollars for the ensuing fiscal year. No more than fifteen million dollars may be allocated to the economic development account during the fiscal year.
The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model."
SECTION 12. Section 12-27-1210 of the 1976 Code is amended to read:
"Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240, every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to two three cents a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation deposited into a special account within the State Highway Trust Fund which must be designated and used only for highway construction purposes including the matching of federal highway funds. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
SECTION 13. Section 12-27-1220 of the 1976 Code is amended to read:
"Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county, shall pay an additional tax of two three cents a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety deposited into a special account within the State Highway Trust Fund which must be designated and used only for highway construction purposes including the matching of federal highway funds. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
SECTION 14. Section 12-27-1230 of the 1976 Code is amended to read:
"Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of two three cents a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this title. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into a special account within the State Highway Trust Fund which must be designated and used only for highway construction purposes including the matching of federal highway funds. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section."
SECTION 15. Section 12-27-1240 of the 1976 Code is amended to read:
"Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to two three cents a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into a special account within the State Highway Trust Fund which must be designated and used for highway construction purposes including the matching of federal highway funds. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section."
SECTION 16. Section 12-27-1250 of the 1976 Code is amended to read:
"Section 12-27-1250. In addition to the credit provided for in Section 12-31-450, every motor carrier subject to the tax imposed by Section 12-27-1240 is entitled to a credit on the tax equivalent to two three cents a gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by such the carrier. Effective January 1, 1989, the additional credit authorized by this section is increased by one cent to a total of three cents a gallon. This refund may be made only if the carrier has fully complied with all regulations of the commission and the provisions of Chapter 31 of this title."
SECTION 17. Section 12-27-1290 of the 1976 Code is amended to read:
"Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Fund State Highway Trust Fund until the fund is reimbursed. Upon reimbursement, all toll charges shall cease."
SECTION 18. Section 12-27-1300 of the 1976 Code is amended to read:
"Section 12-27-1300. There is created a Select Oversight Committee to monitor funds generated from the tax levied under the provisions of Sections 12-27-1210 through 12-27-1240 and oversee the establishment of priorities for the implementation of the Strategic Highway Plan for Improving Mobility and Safety Program department's use of funds to insure that the funds generated are utilized for highway construction projects and the matching of federal funds. This committee consists of the following persons:
(1) the Governor's designee;
(2) the chairman of the Education and Public Works Committee of the House of Representatives;
(3) the chairman of the Transportation Committee of the Senate;
(4) the chairman of the Economic Coordinating Council and one member of the Economic Coordinating Council designated by the Chairman of said the council;
(5) one member appointed by the Governor at large from a rural county;
(6) the chairman of the State Highways and Public Transportation Commission, the Executive Director of the Department of Highways and Public Transportation, and one other employee of that department as designated by its Executive Director.
The chairman of the Select Oversight Committee shall must be elected from the membership of the committee.
The committee shall meet not less than once a quarter and shall submit annually a report to the General Assembly on all funds monitored and priorities established under the provisions of this section prior to before March fourth.
Staff support shall come from existing staff assigned by the Speaker of the House and the President Pro Tempore of the Senate."
SECTION 19. Whenever the Code of Laws of South Carolina refers to monies used to fund the Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety, it shall mean a special account within the state highway trust fund which must be designated and used only for highway construction purposes including the matching of federal highway funds. The Code Commissioner is directed, when appropriate, to change all references at a time and in a manner as may be timely and cost effective. This section does not apply to funds obligated for pending construction projects under the Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety.
SECTION 20. The 1976 Code is amended by adding:
"Section 57-5-1145. (A) The department must construct at its expense a driveway within the right-of-way of private residential entrances to state highways at points necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions. The driveways must be accessible to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide, paved portion, measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide, paved portion, is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department must install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required. Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed must include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense.
(B) Maintenance within the limits of the right-of-way must be performed by the department on all entrances required by this section.
(C) The district engineering administrator or his designee shall determine the necessity for constructing entrances and shall approve and authorize the work to be done. The standard encroachment permit will continue to be used for work within the right-of-way and which is performed by others. In all cases where property owners are required by provisions of this section to pay for a portion of the work performed by department maintenance forces, a form must be submitted to the Columbia office along with the remittance.
(D) A driveway entrance covered under this section is limited to roads in the state highway system other than controlled access facilities."
SECTION 21. The 1976 Code is amended by adding:
"Section 2-19-25. A candidate nominated for election to the State Highways and Public Transportation Commission by a member of a county legislative delegation pursuant to Section 57-3-220 must be screened before the election. The reports and findings of the screening committee must be submitted to the respective legislative delegations considering the candidates instead of the General Assembly. These reports and findings, however, must be printed in the journals of both Houses.
The screening committee must be composed of three members of the House of Representatives appointed by the Speaker of the House, three members of the Senate appointed by the President of the Senate, and one member appointed by the Governor."
SECTION 22. Sections 2-63-10, 12-27-1260, and 12-27-1280 of the 1976 Code are repealed. Sections 57-11-30, 57-11-60, and 57-11-70 of the 1976 Code, as amended by this act, are repealed on July 1, 1993.
SECTION 23. This act takes effect upon approval by the Governor./
Amend title to conform.
OLIN R. PHILLIPS, for Committee.
TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read:
Section 57-11-10. 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. 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 or combination thereof, 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 state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `state highway fund' and all federal revenues and federal monies must be deposited into the `federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law.
(B) Beginning July 1, 1993, the department must process all payment for goods and services, including 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 deductions from the compensation of employees for the payment of premiums for life, hospital, and other types of insurance plans that are in force on the effective date of this act.
Section 57-11-30. The Department department may set aside and deposit in its name a revolving fund, and all payments from such fund shall be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund.
Section 57-11-40. Not more than sixty days prior to the beginning of each fiscal year 1992-93 the Department department shall make an estimate of the revenues to be received by the Department department during such fiscal year, and after deducting therefrom the amounts required by the State Treasurer for the payment of the principal and interest on State state highway bonds due or falling due in such year, it shall estimate the amounts required for the payment of the expenses of the Department department for such fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims, and law enforcement.
Section 57-11-50. From the remainder of such revenues and receipts of such fiscal year 1992-93 as estimated pursuant to Section 57-11-40, after paying the sum appropriated by said section, there is hereby appropriated a sum sufficient to maintain the highways of the State state highway system for such 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 state highways and for the payment of other expenses of the Department department.
Section 57-11-60. The Department department, until 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 department may also execute indemnity bonds when, necessary to secure the issuance of duplicate checks payable to the Department department, the originals of which have been lost.
Section 57-11-70. Beginning with the fiscal year which ends June 30, 1993, the The books and accounts of the Department department shall 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 be made annually by October fifteenth to the General Assembly. The costs and expenses of such annual audit shall be paid by the Department 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 the provisions of Chapters 9 and 11 of Title 11.
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 State Highway Department 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 State Highway Department be paid to and become a part of the general highway fund of the State Highway Department.
(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 2. Section 11-35-45(B) of the 1976 Code is amended to read:
"(B) All agencies and institutions of the State are required to comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grants Consortium shall process all payments for goods and services through the Comptroller's Office. Only the lump sum institutions of higher education and the Department of Highways and Public Transportation shall be responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work day period work-day-period."
SECTION 3. Section 2-63-10 of the 1976 Code is amended to read:
"Section 2-63-10. (1) There is hereby created a six-member committee to review the annual budget and the intrabudgetary transfers of funds of the Department of Highways and Public Transportation. Three members of the committee shall be members of the Senate Transportation Committee appointed by the chairman of that committee and three members shall be members of the House Education and Public Works Committee appointed by the chairman of that committee. Terms of the members shall be coterminous with their terms as Senators and members of the House of Representatives.
(2) Based on its review of the budget and intrabudgetary transfers of funds, the committee provided for in subsection (1) shall annually report to the General Assembly its recommendations as to needed legislation relating to such fund transfers. The first report of the committee shall be furnished to the General Assembly no later than April 1, 1982. The Highways and Public Transportation Commission commission shall assist and cooperate with the committee in the conduct of its budget review and fund transfer reviews.
(3) The committee may establish dates for the submission of any information necessary to conduct a review pursuant to this section. Any review or recommendation made by the committee must be completed prior to the time established by the Budget and Control Board under Section 11-11-20 for the department is required to make its annual budget request to the Budget and Control Board."
SECTION 4. Section 57-3-450 of the 1976 Code is amended to read:
"Section 57-3-450. There shall be a Secretary-Treasurer Director of Finance and Administration of the department Department. The Secretary-Treasurer who shall be the fiscal and administrative officer of the Department, department. The Director of Finance and Administration who shall must, in addition to his duties as fiscal officer, record the proceedings of the Commission 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 and serve at the pleasure of the executive director of the department. His compensation shall be fixed by the Commission. He may 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 5. Section 57-3-470 of the 1976 Code is amended to read:
"Section 57-3-470. There shall be a State Highway Engineer Director of State Highway Engineering. The State Highway Engineer shall Director of State Highway Engineering must be the administrative head of the engineering division and, as such, shall direct the highway engineering work of the Department department and the activities of said engineering division. The Engineer shall be appointed by the Commission to serve in office at the pleasure of the Commission Director of State Highway Engineering must be appointed by and serve at the pleasure of the executive director of the department. He may 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. His compensation shall be fixed by the Commission. A person appointed to the position of State Highway Engineer shall Director of State Highway Engineering must be a competent engineer, 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 Director of State Highway Engineering 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 57-3-760 of the 1976 Code is amended to read:
"Section 57-3-760. The Department department shall, during each regular session of the General Assembly, make a full, printed, detailed report to the General Assembly showing an analysis of:
(a) the department's accomplishments in the past year; and
(b) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system,;
(c) a five-year plan detailing the regulation of traffic thereon which includes, the administration and enforcement of traffic, driver, and motor vehicle laws and other laws relating to such subjects, the coordination of state and federal programs relating to public transportation mass transportation among the departments, agencies, and other bodies politic and legally constituted agencies thereof in the State,;
(d) a listing of all firms, companies, or businesses of any type doing business with the department and the amount of such contracts entered into by the department; and
(e) an accounting aggregated by county of the receipts of gasoline taxes and motor vehicle license fees, disbursements of the Department department, and such other data as may be of interest in connection with the work of the Department department."
SECTION 7. Sections 57-11-30, 57-11-60, and 57-11-70, as amended by this act, are repealed on July 1, 1993.
SECTION 8. Sections 57-11-40 and 57-11-50, as amended by this act, are repealed on July 1, 1992.
SECTION 9. Item (a) of Section 11-35-710 of the 1976 Code is repealed and the remaining items relettered to conform.
SECTION 10. The Department of Highways and Public Transportation shall pay into the general fund of the State a sum, as established by the annual general appropriation act, which shall be its proportionate share under the Statewide Cost Allocation Plan to the Office of the Comptroller General for the administration of services.
SECTION 11. Upon the effective date of this act, the commission of the department must review all pending construction projects under the Strategic Highway Plan for Improving Safety and Mobility Program, including projects which have been let and projects which are under construction. From this review, the commission shall prepare a written report that details all such projects, including the approximate location of the project and the estimated cost of completing such projects. The commission, whenever possible, shall continue all such projects which have been previously approved pursuant to the Strategic Highway Plan for Improving Safety and Mobility. All funds not approved by the commission for the continuation of construction projects shall be transferred to the state highway fund and all funds approved by the commission for the continuation of construction projects shall be transferred to the state highway fund to be used for the completion of such projects.
SECTION 12. Section 12-27-1270 of the 1976 Code is amended to read:
"Section 12-27-1270. Notwithstanding any other provision of law, the The first ten million dollars generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated and deposited into in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated fund balance of ten million dollars but not to exceed ten million dollars for the ensuing fiscal year.
The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model."
SECTION 13. Title 57 of the 1976 Code is amended by adding a new chapter to read:
Section 57-2-10. The congressional districts of this State are constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts in existence on January 1, 1991. For each district there must be chosen in the manner and for the terms of office provided in this article two commissioners to be known as district highway commissioners. Any county that is divided between two or more congressional districts, for purposes of appointment of district highway commissioners, shall be considered to be in the district that has the most of that respective county's population.
There shall be one commissioner selected from the State at large, upon the advice and consent of the Senate, who must be appointed by the Governor, and whose term is coterminous with that of the Governor appointing. The commissioner appointed by the Governor shall serve as chairman of the commission. The commissioners so chosen constitute the Commission of the Department of Transportation.
Section 57-2-20. Beginning April 15, 1993, district commissioners must be elected by the legislative delegation of each congressional district for a term of office of four years, which expires on April fifteenth of the appropriate year. The terms of the initial members of the commission elected by the legislative delegations pursuant are as follows:
(1) commissioners elected to represent Seat A in each congressional district: two years;
(2) commissioners elected to represent Seat B of each congressional district: four years.
Candidates must declare for Seat A or Seat B in each district. No county within a highway district shall have a resident commissioner for more than one consecutive term and in no event shall any two commissioners from the same county serve simultaneously. The legislative delegations representing the counties of each district shall meet upon written call of a majority of the members of the delegations 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 legislative delegation from a given district constitute a quorum for the purpose of electing a district commissioner. No person may be elected district commissioner who fails to receive a majority vote of the members of the legislative delegation.
The legislative delegation must be organized by the election of a chairman and a secretary, and the legislative delegations of each 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 legislative 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 district 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 shall serve until his successor is elected and qualified.
Section 57-2-30. Any vacancy as district commissioner occurring by death, resignation or removal shall be filled by election in the manner provided in Section 57-2-20 for the unexpired term only. Any vacancy as district commissioner occurring or approaching on account of the expiration of the term of office may be filled by election as provided in this section at any time within sixty days prior to the expiration of such term of office or afterwards.
Section 57-2-40. A qualified elector of the district may be elected to represent that district on the commission. Failure by a commissioner to maintain his residency in the district for which he is elected shall result in the forfeiture of his office.
Section 57-2-50. Each commissioner 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 57-2-60. The commission must select a vice-chairman and a first vice-chairman to serve for two-year terms. The commission shall adopt its own rules and procedures. The Director for Finance and Administration must act as secretary to the commission.
Section 57-2-70. The commission may adopt an official seal for use on official documents of the department."
SECTION 14. Article 3, Chapter 3 of Title 57 of the 1976 Code is repealed effective April 15, 1994.
SECTION 15. Any present member of the South Carolina Department of Highways and Public Transportation Commission or members of the commission elected prior to the effective date of this act shall continue to serve until April 15, 1994.
SECTION 16. Section 12-27-1210 of the 1976 Code is amended to read:
"Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240, every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to two three cents a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation deposited into the state highway fund. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
SECTION 17. Section 12-27-1220 of the 1976 Code is amended to read:
"Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county, shall pay an additional tax of two three cents a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety deposited into the state highway fund. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
SECTION 18. Section 12-27-1230 of the 1976 Code is amended to read:
"Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of two three cents a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this title. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into the state highway fund. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section."
SECTION 19. Section 12-27-1240 of the 1976 Code is amended to read:
"Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to two three cents a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into the state highway fund. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section."
SECTION 20. Section 12-27-1250 of the 1976 Code is amended to read:
"Section 12-27-1250. In addition to the credit provided for in Section 12-31-450, every motor carrier subject to the tax imposed by Section 12-27-1240 is entitled to a credit on the tax equivalent to two three cents a gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by such carrier. Effective January 1, 1989, the additional credit authorized by this section is increased by one cent to a total of three cents a gallon. This refund may be made only if the carrier has fully complied with all regulations of the commission and the provisions of Chapter 31 of this title."
SECTION 21. Section 12-27-1290 of the 1976 Code is amended to read:
"Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Fund state highway fund until the fund is reimbursed. Upon reimbursement, all toll charges shall cease."
SECTION 22. Sections 12-27-1260, 12-27-1280, and 12-27-1300 are repealed.
SECTION 23. Whenever the term Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety appears in the Code of Laws of South Carolina, it shall mean state highway fund. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.
SECTION 24. This act takes effect upon approval by the Governor.