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S*40
Session 124 (2021-2022) 

S 0040 {Rat #101, Act #89 of 2021} General Bill, By Grooms
 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. - ratified
 title
View full text 12/09/20 Senate Prefiled 12/09/20 Senate Referred to Committee on Transportation 01/12/21 Senate Introduced and read first time (Senate Journal-page 109) 01/12/21 Senate Referred to Committee on Transportation (Senate Journal-page 109) 02/03/21 Senate Committee report: Favorable Transportation (Senate Journal-page 40) 03/31/21 Senate Amended (Senate Journal-page 39) 03/31/21 Senate Read second time (Senate Journal-page 39) 03/31/21 Senate Roll call Ayes-44 Nays-0 (Senate Journal-page 39) 04/01/21 Scrivener's error corrected 04/06/21 Senate Read third time and sent to House (Senate Journal-page 45) 04/06/21 House Introduced and read first time (House Journal-page 122) 04/06/21 House Referred to Committee on Education and Public Works (House Journal-page 122) 04/22/21 House Committee report: Favorable Education and Public Works (House Journal-page 24) 04/28/21 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) 05/05/21 House Debate adjourned until Thur., 5-6-21 (House Journal-page 32) 05/11/21 House Debate adjourned until Wed., 5-12-21 (House Journal-page 56) 05/12/21 House Read second time (House Journal-page 52) 05/12/21 House Roll call Yeas-102 Nays-10 (House Journal-page 53) 05/13/21 House Read third time and enrolled (House Journal-page 29) 05/18/21 Ratified R 101 05/24/21 Signed By Governor 06/01/21 Effective date 05/24/21 06/01/21 Act No. 89


S. 40

(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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