South Carolina General Assembly
124th Session, 2021-2022

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A89, R101, S40

STATUS INFORMATION

General Bill
Sponsors: Senator Grooms
Document Path: l:\s-res\lkg\010beac.kmm.lkg.docx

Introduced in the Senate on January 12, 2021
Introduced in the House on April 6, 2021
Last Amended on March 31, 2021
Passed by the General Assembly on May 13, 2021
Governor's Action: May 24, 2021, Signed

Summary: State highways

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2020  Senate  Prefiled
   12/9/2020  Senate  Referred to Committee on Transportation
   1/12/2021  Senate  Introduced and read first time (Senate Journal-page 109)
   1/12/2021  Senate  Referred to Committee on Transportation 
                        (Senate Journal-page 109)
    2/3/2021  Senate  Committee report: Favorable Transportation 
                        (Senate Journal-page 40)
   3/31/2021  Senate  Amended (Senate Journal-page 39)
   3/31/2021  Senate  Read second time (Senate Journal-page 39)
   3/31/2021  Senate  Roll call Ayes-44  Nays-0 (Senate Journal-page 39)
    4/1/2021          Scrivener's error corrected
    4/6/2021  Senate  Read third time and sent to House 
                        (Senate Journal-page 45)
    4/6/2021  House   Introduced and read first time (House Journal-page 122)
    4/6/2021  House   Referred to Committee on Education and Public Works 
                        (House Journal-page 122)
   4/22/2021  House   Committee report: Favorable Education and Public Works 
                        (House Journal-page 24)
   4/28/2021  House   Requests for debate-Rep(s).  Bustos, Carter, 
                        Morgan,Calhoon, McCabe, May, Oremus, McGarry, 
                        B. Newton, Ott, Anderson, Hiott, T. Moore, B. Cox, 
                        Nutt, Allison, Hixon, Kirby, Wetmore, Stavrinakas, 
                        M. Smith and Taylor (House Journal-page 30)
    5/5/2021  House   Debate adjourned until  Thur., 5-6-21 
                        (House Journal-page 32)
   5/11/2021  House   Debate adjourned until  Wed., 5-12-21 
                        (House Journal-page 56)
   5/12/2021  House   Read second time (House Journal-page 52)
   5/12/2021  House   Roll call Yeas-102  Nays-10 (House Journal-page 53)
   5/13/2021  House   Read third time and enrolled (House Journal-page 29)
   5/18/2021          Ratified R  101
   5/24/2021          Signed By Governor
    6/1/2021          Effective date  05/24/21
    6/1/2021          Act No.  89

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2020
2/3/2021
3/31/2021
4/1/2021
4/22/2021


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

(A89, R101, S40)

AN ACT TO AMEND SECTION 57-5-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATIONS BY MUNICIPALITIES OF STATE HIGHWAY FACILITIES, SO AS TO PROVIDE USE OR RESTRICTIONS MADE BY MUNICIPALITIES ON STATE HIGHWAY FACILITIES OR RIGHTS OF WAY FOR MUNICIPAL UTILITIES, PARKING OR OTHER PURPOSES ARE SUBJECT TO PRIOR APPROVAL BY THE DEPARTMENT OF TRANSPORTATION BY ENCROACHMENT PERMIT; BY ADDING SECTION 57-5-845 SO AS TO PROVIDE FREE AND PAID PARKING RESTRICTIONS ON STATE HIGHWAY FACILITIES LOCATED IN BEACH COMMUNITIES ELIGIBLE FOR BEACH RENOURISHMENT FUNDS, AND TO PROVIDE FOR THE USE OF FUNDS GENERATED FROM MUNICIPAL PUBLIC BEACH PARKING CHARGES; AND TO AMEND SECTION 57-7-210, RELATING TO OBSTRUCTIONS IN HIGHWAYS, SO AS TO DEFINE THE TERM "HIGHWAY" AND REVISE THE PENALTY FOR VIOLATIONS OF THIS SECTION.

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

Alterations of state highways by municipalities

SECTION    1.    Section 57-5-840 of the 1976 Code is amended to read:

"Section 57-5-840.    A municipality may not alter any state highway facility without the prior approval of the department, and any use or restriction made by a municipality of a highway or highway right of way for municipal utilities, parking, or other purposes is subject to prior approval of the department by encroachment permit."

Parking facilities in beach communities

SECTION    2.    Article 5, Chapter 5, Title 57 of the 1976 Code is amended by adding:

"Section 57-5-845.    (A)    Parking facilities on state highway facilities located in beach communities that are eligible for beach renourishment funds:

(1)    must include free public beach parking;

(2)    may include paid public beach parking; and

(3)    only may be restricted by the department if the department determines that the restrictions are necessary under the circumstances.

(B)    Any municipality electing to charge for public beach parking may use the parking revenues for the operation, maintenance, preservation, or funding of:

(1)    public beach parking facilities;

(2)    beach access, maintenance, and renourishment;

(3)    traffic and parking enforcement;

(4)    first responders;

(5)    sanitation; and

(6)    litter control and removal for beaches."

Obstructions in highways

SECTION    3.    Section 57-7-210 of the 1976 Code is amended to read:

"Section 57-7-210.    (A)    For the purposes of this section, 'highway' includes the entire area within a highway right of way, including the shoulders and parking areas.

(B)    It is unlawful for any person wilfully to obstruct ditches and drainage openings along any highway, to place obstructions upon any such highway, or to throw or place on any such highway any objects likely to cut or otherwise injure vehicles using them.

(C)    A violation of this section shall be punishable by a fine of not more than one hundred dollars per day, imprisonment for not more than thirty days, or both."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 18th day of May, 2021.

Approved the 24th day of May, 2021.

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This web page was last updated on June 14, 2021 at 9:36 AM