SC H4033 | 2009-2010 | 118th General Assembly
Status
Sponsorship: Bipartisan Bill
Status: Engrossed on March 10 2010 - 50% progression, died in committee
Action: 2010-03-11 - Referred to Committee on Transportation SJ-5
Pending: Senate Transportation Committee
Status: Engrossed on March 10 2010 - 50% progression, died in committee
Action: 2010-03-11 - Referred to Committee on Transportation SJ-5
Pending: Senate Transportation Committee
Summary
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "TRANSPORTATION INFRASTRUCTURE FUNDING FLEXIBILITY ACT" BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 57 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY SOLICIT AND ENTER INTO CERTAIN PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES AND TO PROVIDE THE PROCEDURE WHEREBY PUBLIC-PRIVATE INITIATIVES ARE SOLICITED, APPROVED, AND IMPLEMENTED; BY ADDING ARTICLE 9 TO CHAPTER 3, TITLE 57 SO AS TO PROVIDE THE CIRCUMSTANCES WHEREBY TOLLS MAY BE IMPOSED AND COLLECTED ALONG THE STATE'S HIGHWAYS, TO PROVIDE FOR THE PROJECTS THAT MAY BE FINANCED BY TOLL REVENUES, TO PROVIDE PENALTIES FOR A PERSON WHO FAILS TO PAY A TOLL, AND TO PROVIDE THAT THE DEPARTMENT MAY IMPLEMENT AN ELECTRONIC TOLL SYSTEM; BY ADDING SECTION 11-35-3075 SO AS TO PROVIDE THAT THE PROVISIONS THAT ALLOW THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES ARE SUBJECT TO CERTAIN PORTIONS OF THE CONSOLIDATED PROCUREMENT CODE AND TO CERTAIN EXPANDED DISCUSSIONS AND PROPOSAL REVISIONS; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO THE PURCHASE OF CERTAIN ITEMS THAT ARE EXEMPT FROM THE PROVISIONS CONTAINED IN THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PURCHASE OF ITEMS ASSOCIATED WITH DEPARTMENT OF TRANSPORTATION PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES ARE NOT EXEMPT FROM THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO THE APPLICATION OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE AN ENTITY THAT UTILIZES A FEDERAL GRANT TO PROCURE AN ITEM MUST COMPLY WITH ALL APPLICABLE LAWS THAT ARE NOT CONTAINED IN THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 57-5-1625, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AWARDING OF CONTRACTS THAT USE THE DESIGN-BUILD PROCEDURE, SO AS TO REVISE THE DEFINITION OF THE TERM "DESIGN-BUILD CONTRACT"; TO AMEND SECTION 57-5-1310, RELATING TO THE GENERAL ASSEMBLY'S INTENT WHEN IT PROVIDED THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO CONSTRUCT TURNPIKE PROJECTS, SO AS TO PROVIDE THAT THE DEPARTMENT ALSO HAS THE AUTHORITY TO IMPROVE THESE FACILITIES PURSUANT TO THIS PROVISION; TO AMEND SECTION 57-5-1320, RELATING TO THE DEFINITION OF TERMS REGARDING TURNPIKE PROJECTS, SO AS TO REVISE THE DEFINITION OF THE TERM "TURNPIKE FACILITY"; TO AMEND SECTION 57-5-1330, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AUTHORITY TO DESIGNATE, ESTABLISH, PLAN, IMPROVE, CONSTRUCT, OPERATE, AND REGULATE TURNPIKE FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY DESIGNATE AS A TURNPIKE FACILITY ANY TRANSPORTATION FACILITY THAT IS FUNDED IN PART BY A LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 40-11-360, RELATING TO THE ENTITIES THAT ARE EXEMPT FROM THE PROVISIONS THAT REGULATE LICENSED CONTRACTORS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 57-5-1660, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S REQUIREMENT THAT CERTAIN CONTRACTORS MUST FURNISH A BOND FOR CERTAIN CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN PUBLIC-PRIVATE INITIATIVES TO CONSTRUCT TRANSPORTATION FACILITIES AND PROVIDE THAT WHEN THE DEPARTMENT UTILIZES THE DESIGN-BUILD DELIVERY METHOD FOR A HIGHWAY CONSTRUCTION PROJECT, THE AMOUNT OF THE PERFORMANCE AND INDEMNITY BOND AND PAYMENT BONDS REQUIRED BY THIS PROVISION RELATE ONLY TO THE PORTION OF THE CONTRACT CONCERNING CONSTRUCTION; AND TO REPEAL SECTIONS 12-28-2920, 57-3-200, 57-3-615, 57-3-618, 57-5-1490, AND 57-5-1495 RELATING TO THE CONSTRUCTION OF TOLL ROADS BY THE DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT'S AUTHORITY TO ENTER INTO AGREEMENTS WITH VARIOUS ENTITIES TO CONSTRUCT, OPERATE, AND MAINTAIN HIGHWAY FACILITIES, THE PROJECTS THAT MAY BE CONSTRUCTED WITH TOLL REVENUES, THE IMPOSITION AND COLLECTION OF A TOLL ALONG INTERSTATE 73, THE PENALTY FOR FAILURE TO PAY A TOLL, AND THE COLLECTION OF TOLLS.
Title
Provide That This Provision Does Not Apply To Certain Public-private Initiatives To Construct Transportation Facilities And Provide That When The Department Utilizes The Design-build Delivery Method For A Highway Construction Project, The Amount Of The Performance And Indemnity Bond And Payment Bonds Required By This Provision Relate Only To The Portion Of The Contract Concerning Construction; And To Repeal Sections 12-28-2920, 57-3-200, 57-3-615, 57-3-618, 57-5-1490, And 57-5-1495 Relating To The Construction Of Toll Roads By The Department Of Transportation, The Department's Authority To Enter Into Agreements With Various Entities To Construct, Operate, And Maintain Highway Facilities, The Projects That May Be Constructed With Toll Revenues, The Imposition And Collection Of A Toll Along Interstate 73, The Penalty For Failure To Pay A Toll, And The Collection Of Tolls.
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2010-03-11 | Referred to Committee on Transportation SJ-5 | |
| 2010-03-11 | Introduced and read first time SJ-5 | |
| 2010-03-10 | Read third time and sent to Senate HJ-29 | |
| 2010-03-09 | Roll call Yeas-77 Nays-33 HJ-50 | |
| 2010-03-09 | Read second time HJ-50 | |
| 2010-03-09 | Amended HJ-43 | |
| 2010-03-04 | Debate adjourned until Tuesday, March 9, 2010 HJ-24 | |
| 2010-02-25 | Debate adjourned until Thursday, March 4, 2010 HJ-34 | |
| 2010-02-24 | Debate adjourned HJ-26 | |
| 2010-02-04 | Debate adjourned until Tuesday, February 23, 2010 HJ-36 | |
| 2010-02-04 | Member(s) request name added as sponsor: Mitchell | |
| 2010-02-03 | Debate adjourned until Thursday, February 4, 2010 HJ-21 | |
| 2010-01-27 | Member(s) request name removed as sponsor: J.M.Neal | |
| 2010-01-27 | Member(s) request name added as sponsor: Gilliard, Hart | |
| 2010-01-26 | Member(s) request name removed as sponsor: Cole | |
| 2010-01-13 | Debate adjourned until Tuesday, January 26, 2010 HJ-36 | |
| 2010-01-13 | Member(s) request name added as sponsor: Whipper, R.L.Brown | |
| 2010-01-12 | Member(s) request name added as sponsor: Knight | |
| 2009-05-20 | Debate adjourned until Thursday, May 21, 2009 HJ-59 | |
| 2009-05-14 | Debate adjourned until Tuesday, May 19, 2009 HJ-81 | |
| 2009-05-14 | Requests for debate-Rep(s). Skelton, Hiott, Loftis, Brantley, Stringer, Erickson, Cobb-Hunter, King, Millwood, Parker, Nanney, Littlejohn, Whipper, Anderson, R Brown, Clemmons, Alexander, Clyburn, Long, Hosey, JH Neal, Scott, Daning, Willis, Barfield, Hearn, Hardwick, Gunn, Viers, G Brown, and Gilliard HJ-46 | |
| 2009-05-13 | Member(s) request name added as sponsor: Sellers, Erickson | |
| 2009-05-12 | Introduced, read first time, placed on calendar without reference HJ-105 |
Same As/Similar To
S0521 (Similar To) 2009-03-27 - Scrivener's error corrected
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 11 | 35 | 3075 | (n/a) | See Bill Text |
| 11 | 35 | 40 | (n/a) | See Bill Text |
| 11 | 35 | 710 | (n/a) | See Bill Text |
| 12 | 28 | 2920 | (n/a) | See Bill Text |
| 40 | 11 | 360 | (n/a) | See Bill Text |
| 57 | 3 | 200 | (n/a) | See Bill Text |
| 57 | 3 | 615 | (n/a) | See Bill Text |
| 57 | 3 | 618 | (n/a) | See Bill Text |
| 57 | 5 | 1310 | (n/a) | See Bill Text |
| 57 | 5 | 1320 | (n/a) | See Bill Text |
| 57 | 5 | 1330 | (n/a) | See Bill Text |
| 57 | 5 | 1490 | (n/a) | See Bill Text |
| 57 | 5 | 1495 | (n/a) | See Bill Text |
| 57 | 5 | 1625 | (n/a) | See Bill Text |
| 57 | 5 | 1660 | (n/a) | See Bill Text |
South Carolina State Sources
| Type | Source |
|---|---|
| Summary | https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=4033&session=118 |
