S 0052 General Bill, By M.T. Rose
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 10
 to Chapter 5 of Title 57 so as to provide for the registration and removal of
 utility services located on Department of Highways and Public Transportation
 rights-of-way and to provide penalties.

   09/10/90  Senate Prefiled
   09/10/90  Senate Referred to Committee on Transportation
   01/08/91  Senate Introduced and read first time SJ-39
   01/08/91  Senate Referred to Committee on Transportation SJ-39

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 5 OF TITLE 57 SO AS TO PROVIDE FOR THE REGISTRATION AND REMOVAL OF UTILITY SERVICES LOCATED ON DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RIGHTS-OF-WAY AND TO PROVIDE PENALTIES.

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

SECTION 1. Chapter 5, Title 57 of the 1976 Code is amended by adding:

"Article 10

Section 57-5-1500. When used in this article a 'utility company' means any public or private company which provides cable television, sewer, waterworks, power, gas, light, telephone, telegraph, or other such commonly recognized services as designated by the department.

Section 57-5-1520. All utility companies operating in this State must register with the department certain information not otherwise provided to the department on standardized forms to be provided by the department. Information to be provided on this registration form must include the full name, telephone number, and

mailing address of the utility company, including the identity of all counties in which any service is provided by the utility company; the identity and location of all property owned by the utility company existing on a highway right-of-way owned by the department; the name, address, and telephone number of the utility company official who is responsible for maintaining the accuracy of the utility company registration information provided under this section; and the name, address, and telephone number of the utility company official who is responsible for carrying out the duties and responsibilities of working with the department to remove or relocate utility company property located on or near state highway rights-of-way.

Section 57-5-1540. The department must provide written notice to each utility company by certified mail before plans by the department have been finalized and at least thirty days before a highway construction contract has been entered into by the department to improve a road on which property owned by the utility company is located. This notice must identify the general location of and provide the department's current plans for a pending highway construction project and inform the utility company of any utility company property the department wants the utility company to remove or relocate which is located within a highway right-of-way.

Section 57-5-1560. A utility company must submit a plan for the timely removal or relocation of its property to the department within thirty days after receiving notice from the department of the highway construction. The department may in writing authorize a reasonable extension of time for submitting the plan, not to exceed ninety days, if a written request is presented by the utility company before the expiration of the thirty-day period. The plan must include the estimated time required to remove or relocate the utility company's property and a plat or other such information as required by the department to allow the department to ascertain the exact physical location of the utility company's property. The department must review the proposal of the utility company and either accept or reject the plan with an order from the department.

If the department accepts the plan, the department shall issue an order requiring the utility company to comply with the plan.

If the department rejects the plan, the department must schedule with reasonable notice a meeting with the utility company to review the objections. If a utility company fails to attend the scheduled meeting without advance notice and reasonable cause, or a plan is not agreed upon at the conclusion of the meeting or within a reasonable time thereafter as specified by the department, the department must issue an order requiring the utility company to remove or relocate its property within a reasonable time period as determined by the department, and the utility company must comply with the order.

Section 57-5-1570. Failure of a utility company to remove or relocate its property from a highway right-of-way as required by an order issued by the department subjects the utility company to a civil penalty to be paid to the department of two hundred dollars per violation. Each day each mile or portion thereof is not moved is a separate violation. In addition, the utility company is liable for all actual damages caused to anyone by any delay or other violation.

Section 57-5-1590. All information provided to the department by a utility, as required by this article, is confidential and is exempt from the Freedom of Information Act."

SECTION 2. If a provision of this act or the application of it is held invalid, this invalidity does not affect the provisions or application of this act which can be given effect without the invalid provision or application, and the provisions of this act are declared to be severable.

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