View Amendment Current Amendment: 1 to Bill 40

Senator GROOMS proposed the following amendment (40R003.SP.LKG):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION1. Section 57-5-840 of the 1976 Code is amended to read:

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

SECTION2. 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) may only 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."

SECTION3. 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 shall be 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, or imprisonment for not more than thirty days, or both."

SECTION4. This act takes effect upon approval by the Governor. /