S 128 Session 110 (1993-1994)
S 0128 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.
01/12/93 Senate Introduced and read first time SJ-61
01/12/93 Senate Referred to Committee on Transportation SJ-61
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
Utility Removal and Relocation
Section 57-5-1500. As used in this article, a `utility company'
means a public or private company which provides cable television,
sewer, waterworks, power, gas, light, telephone, telegraph, or other
commonly recognized services designated by the department.
Section 57-5-1520. Utility companies operating in this State must
register certain information required by the department on standardized
forms. The forms must be provided by the department. The
information must include the:
(1) full name, telephone number, and mailing address of the utility
company;
(2) identity of all counties in which any service is provided by the
utility company;
(3) identity and location of all property owned by the utility
company existing on a highway right-of-way owned by the
department;
(4) name, address, and telephone number of the utility company
official who is responsible for maintaining the accuracy of the utility
company registration information required under this section; and
(5) 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 shall provide written notice to
each utility company by certified mail before the department has
finalized plans and at least thirty days before the department enters
into a highway construction contract 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 shall 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 information required by the department to
allow the department to ascertain the exact physical location of the
utility company's property. The department shall 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 shall 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 shall
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 shall 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 of two hundred dollars to be paid to the department for each
violation. Each day each mile or portion of a mile is not moved is a
separate violation. In addition, the utility company is liable for all
actual damages caused 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 30-4-10 et seq."
SECTION 2. If a provision of this act or the application of it is held
invalid, the 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.
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