/ SECTION 3. Section 57-5-80 of the 1976 Code is amended to read:
The department may delete and remove from the state highway secondary system : of roads in any county any roads which are of low traffic importance and substitute therefor an equal, or less, mileage of other roads of higher traffic importance as determined by traffic surveys and estimates. Maintenance responsibility for roads deleted and removed from the state highway secondary system pursuant to the provisions of this section shall transfer from the jurisdiction of the department to the jurisdiction of the county , or municipality in which such roads are situated, effective upon notice from the department of official action deleting and removing the roads from the state highway system.
(A) The department may transfer from the state highway secondary system any road under its jurisdiction, determined by the department to be of low traffic importance, to one of the parties indicated in this section if mutual consent is reached between the department and the party that the road is being transferred to:
(1) a county or municipality;
(2) a school;
(3) a governmental agency;
(4) a nongovernmental entity; or
(5) a person.
(B) In all cases, the county or municipality shall have right of first refusal to accept roads into their maintenance responsibility when roads are considered for transfer from the state highway system to a non-governmental entity or person. Maintenance responsibility for roads transferred from the state highway system pursuant to the provisions of this section shall transfer from the jurisdiction of the department to the jurisdiction of the county or municipality, school, governmental agency, nongovernmental entity, or person, effective upon notice from the department of official action removing the road from the state highway system. Notification of the transfer must be given to the county's legislative delegation at least ninety days prior to the transfer being considered by the commission.
(C) Any transfer pursuant to this section must be approved by a majority of the commissioners including the commissioner representing the congressional district in which the road is located.
(D) Roads transferred from the state highway secondary system pursuant to this section may not be converted to a toll road." /
Renumber sections to conform.
Amend title to conform.