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H*2707
Session 105 (1983-1984)


H*2707(Rat #0067, Act #0039 of 1983)  General Bill, By C.M. Dangerfield, 
E.H. Agnew, M.O. Alexander, R.L. Altman, J.F. Anderson, W.S. Anderson, 
F.X. Archibald, J.M. Arthur, W.D. Arthur, D.L. Aydlette, D.M. Beasley, 
L.E. Bennett, D. Blackwell, L. Blanding, S. Blatt, Boan, J.D. Bradley, 
P.T. Bradley, Branton, T.A. Brett, T.D. Broadwater, R.B. Brown, D.M. Bruce, 
T.M. Burriss, M.J. Busbee, B. Campbell, Carnell, M.D. Cleveland, R.L. Cobb, 
M.J. Cooper, W.N. Cork, V.L. Crocker, F.L. Day, P.W. Derrick, G.W. Dukes, 
M.L. Eargle, T.W. Edwards, Elliott, T.J. Ervin, P. Evatt, T. Ferguson, 
H.U. Fielding, S.R. Foster, P. Freeman, T. Gadson, J.P. Gardner, L.E. Gentry, 
F. Gilbert, B.J. Gordon, H.C. Granger, J.V. Gregory, C.L. Griffin, 
M.S. Gulledge, J.L. Harris, P.B. Harris, Harvin, D.O. Hawkins, J.C. Hayes, 
J.C. Hearn, R.L. Helmly, B.L. Hendricks, L.I. Hendricks, D.N. Holt, B.E. Huff, 
T.E. Huff, T.L. Hughston, I.C. Joe, W.H. Jones, H.H. Keyserling, J.E. Kinard, 
Kirsh, J.R. Klapman, R.A. Kohn, Koon, E.S. Lake, W.R. Lee, E.C. Lewis, 
J.E. Lockemy, T.G. Mangum, T.M. Marchant, Martin, Matthews, J.G. McAbee, 
D.M. McEachin, McKay, R.N. McLellan, J.W. McLeod, D.E. McTeer, E.M. Middleton, 
M.P. Miles, T.W. Mitchell, J. Murray, E.L. Nettles, D.L. Ogburn, Patterson, 
H.E. Pearce, L. Phillips, Phillips, J.C. Pracht, A.V. Rawl, Rhoad, R.L. Rigdon, 
J.I. Rogers, I.K. Rudnick, Russell, R. Schwartz, Sheheen, D. Sheppard, 
P.E. Short, E.W. Simpson, J.J. Snow, E.C. Stoddard, J.R. Tally, L.L. Taylor, 
B.E. Thrailkill, J.H. Toal, D.C. Waldrop, Washington, M.H. Westbrook, 
J.M. White, Wilkins, D. Williams, D.E. Winstead and R.R. Woods
 A Bill to amend Sections 57-5-820 and 57-5-830, Code of Laws of South
 Carolina, 1976, relating to consent of a municipality to work on state
 highways within a municipality and to approval of plans, so as to provide that
 the consent of a municipality and approval of plans shall not apply to bridges
 certified as functionally obsolete or structurally deficient if the bridge
 crosses the Intracoastal Waterway.-amended title

   03/22/83  House  Introduced and read first time HJ-1611
   03/22/83  House  Referred to Committee on Education and Public
                     Works HJ-1612
   03/30/83  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-1728
   04/05/83  House  Debate adjourned HJ-1862
   04/05/83  House  Reconsidered HJ-1867
   04/05/83  House  Objection by Rep. Woods HJ-1869
   04/05/83  House  Amended HJ-1869
   04/05/83  House  Read second time HJ-1869
   04/06/83  House  Amended HJ-1902
   04/06/83  House  Read third time and sent to Senate HJ-1903
   04/07/83  Senate Introduced, read first time, placed on calendar
                     without reference SJ-956
   04/12/83  Senate Retaining place on calendar committed to
                     Committee on Transportation SJ-977
   04/14/83  Senate Recalled from Committee on Transportation SJ-1017
   04/14/83  Senate Read second time SJ-1017
   04/15/83  Senate Read third time and enrolled SJ-1023
   04/19/83         Ratified R 67
   04/20/83         Signed By Governor
   04/20/83         Effective date 04/20/83
   04/20/83         Act No. 39
   04/25/83         Copies available



(A39, R67, H2707)

AN ACT TO AMEND SECTIONS 57-5-820 and 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON STATE HIGHWAYS WITHIN THE MUNICIPALITY AND TO APPROVAL OF PLANS, SO AS TO PROVIDE THAT THE CONSENT OF A MUNICIPALITY AND APPROVAL OF PLANS SHALL NOT APPLY TO BRIDGES CERTIFIED AS FUNCTIONALLY OBSOLETE OR STRUCTURALLY DEFICIENT IF THE BRIDGE CROSSES THE INTRACOASTAL WATERWAY.

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

Definitions

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

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

'Structurally deficient' means not adequate to handle the vehicle weights authorized on roads leading to them.

'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.

All work to be performed by the Department on state highways within a municipality must be with the consent and approval of the proper municipal authorities, except that work performed or to be performed on a bridge and its approaches, certified by the 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."

Review of plans

SECTION 2. Section 57-5-830 of the 1976 Code is amended to read:

"Section 57-5-830. In every case of a proposed permanent improvement, construction, reconstruction, or alteration by the Department of any highway or highway facility within a municipality, the municipality may review and approve the plans before the work is started; except that a municipality may not have the right to review and approve plans to remove, replace, or improve a bridge and its approaches within its limits where such bridge and its approaches have been certified by the Department to be functionally obsolete or structurally deficient and if the bridge crosses the intracoastal waterway."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.




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