South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

H. 3238

STATUS INFORMATION

General Bill
Sponsors: Reps. Allison and Felder
Document Path: l:\council\bills\gt\5187cm17.docx

Introduced in the House on January 10, 2017
Currently residing in the House Committee on Education and Public Works

Summary: Department of Transportation

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2016  House   Prefiled
  12/15/2016  House   Referred to Committee on Education and Public Works
   1/10/2017  House   Introduced and read first time (House Journal-page 124)
   1/10/2017  House   Referred to Committee on Education and Public Works 
                        (House Journal-page 124)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/15/2016

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 57-5-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION OBTAINING CONSENT FROM A MUNICIPALITY BEFORE PERFORMING WORK ON A STATE HIGHWAY WITHIN A MUNICIPALITY, SO AS TO DELETE A REFERENCE TO SECTION 57-5-830, TO PROVIDE THAT SUCH WORK MUST BE APPROVED BY THE MUNICIPALITY PRIOR TO THE PROJECT'S INCLUSION IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM AND SUBJECT TO THE MUTUALLY AGREED UPON DESIGN FEATURES AND TYPICAL SECTION FOUND IN THE FINAL ENVIRONMENTAL DOCUMENT FOR THE PROJECT, AND TO PROVIDE THAT APPROVAL IS NOT REQUIRED FOR WORK PERFORMED ON A BRIDGE THAT QUALIFIES FOR FEDERAL EMERGENCY BRIDGE REPLACEMENT FUNDS; AND TO REPEAL SECTION 57-5-830 RELATING TO THE PROVISION THAT ALLOWS A MUNICIPALITY TO REVIEW AND APPROVE CERTAIN DEPARTMENT OF TRANSPORTATION PROJECTS UNDERTAKEN WITHIN A MUNICIPALITY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 57-5-820 of the 1976 Code is amended to read:

"Section 57-5-820.    (A)    As used in this section and Section 57-5-830:

(1)    'Structurally deficient' means not adequate to handle the vehicle weights authorized on roads leading to them.; and

(2)    'Functionally obsolete' means narrow clearances or sharp roadway approach angles that make passage difficult or hazardous, or with too few lanes for existing traffic needs.

(B)    All work to be performed by the Department department on state highways within a municipality must be with the consent and approval of the proper municipal authorities, approved by the municipality prior to project's inclusion in the Statewide Transportation Improvement Program, and subject to the mutually agreed upon design features and typical section found in the final environmental document for the project, except that work performed or to be performed on a bridge and its approaches, certified by the Department department as functionally obsolete or structurally deficient, to remove, replace, or improve such bridge and its approaches shall not require prior consent and approval of a municipal authority if the bridge crosses the intracoastal waterway, or the bridge qualifies for federal emergency bridge replacement funds."

SECTION    2.    Section 57-5-830 of the 1976 Code is repealed.

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 12, 2017 at 4:45 PM