Name change
SECTION 1500. Section 56-29-20(5) of the 1976 Code is amended to read:
"(5) `Vehicle identification number' means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Motor Vehicle Division of the Department of Revenue and Taxation the purpose of uniquely identifying a motor vehicle or motor vehicle part."
Name change
SECTION 1501. Section 56-29-50(E)(1), (I), and (M) of the 1976 Code is amended to read:
"(E)(1) The circuit solicitor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Motor Vehicle Division of the Department of Revenue and Taxation, or any other department of the State, or any other state or territory of the United States, or of the federal government if the property is required to be registered in the department. (I) No motor vehicle or motor vehicle part may be forfeited under this section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable must be the subject of a written report sent by the seizing agency to the Motor Vehicle Division of the Department of Revenue and Taxation, which report must include a description of the motor vehicle or motor vehicle part, its color, if any, thedate, time, and place of its seizure, the name of the person from whose possession or control it was seized, the grounds for its seizure, and the location where it is held or stored. (M) When an applicant for a certificate of title or salvage certificate presents to the Motor Vehicle Division of the Department of Revenue and Taxation proof that the applicant purchased or acquired a motor vehicle at the public sale conducted pursuant to this section and that fact is attested to by the seizing agency, the division shall issue a certificate of title, or salvage certificate for the motor vehicle upon receipt of the statutory fee, properly executed application for a certificate of title, or other certificate of ownership, and the affidavit of the seizing agency that a state-assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."
Name change
SECTION 1502. Sections 56-31-50(C), (D), and (E) of the 1976 Code are amended to read:
"(C) On February fifteenth of each year all rental companies engaged in the business of renting private passenger motor vehicles which collect surcharges pursuant to this section shall file a report with the Department of Revenue and Taxation stating the total amount of South Carolina personal property taxes on private passenger motor vehicles paid in the previouscalendar year, the total amount of private passenger motor vehicle rental revenues earned on rentals in South Carolina for the previous calendar year, and the amount by which the total amount of the surcharges for the previous year exceeds the total amount of personal property taxes on private passenger motor vehicles paid for the previous calendar year. All surcharge revenues collected in excess of the total amount of personal property taxes on private passenger motor vehicles must be remitted to the Department of Revenue and Taxation for deposit in the state general fund. (D) Any rental company which makes a false report to the Department of Revenue and Taxation with the intent to misrepresent the amount of personal property taxes on private passenger motor vehicles paid or the amount of surcharges collected is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year or both. Each violation constitutes a separate offense. (E) The South Carolina Department of Revenue and Taxation shall promulgate those regulations necessary to implement the provisions of this section and shall provide the necessary forms to meet the filing requirements of this section."
Department restructured
SECTION 1503. Chapter 1, Title 57 of the 1976 Code is amended to read:
"Article 1
Department of Transportation
Section 57-1-10. For the purposes of this title, the following words, phrases, and terms are defined as follows: (1) `Commission' means the administrative and governing body of the Department of Transportation. (2) `Department' means the Department of Transportation (DOT). (3) `Director' means the chief administrative officer of the Department of Transportation.
Section 57-1-20. The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Mass Transit; a Division of Construction Engineering and Planning; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law.
Section 57-1-30. The department shall have as its functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system and the development of a statewide mass transit system that is consistent with the needs and desires of the public. The department shall coordinate all state and federal programs relating to highways among all departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law. The goal of the department is to provide adequate, safe, and efficient transportation services for the movement of people and goods.
Section 57-1-40. No member of the commission, employee of the department, or agent of the department, acting for or on behalf of the department or commission, shall accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, and any person who shall give or offer to give or promise or cause or procure to be promised, offered, or given, either directly or indirectly, to any member of the commission, employee of the department or agent of the department acting for or on behalf of the commission or department: (a) any monies; (b) any contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value; (c) any political appointment or influence, present, or reward; (d) any employment; or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause, or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than one year nor more than five years and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this State.
Section 57-1-50. The assent of the State is hereby given to the terms and provisions of any act providing for federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said federal act, so as to acquire the benefits thereof.
Section 57-1-60. The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.
Section 57-1-70. It is the sense of the General Assembly that the Department of Transportation should comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations."
Highway commission restructured
SECTION 1504. Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Article 3
Commission of the Department of Transportation
Section 57-1-310. The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.
Section 57-1-320. (A) A county that is divided among two or more Department of Transportation districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county. (B) No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter.
Section 57-1-325. Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitute a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation. The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.
Section 57-1-330. (A) Beginning February 15, 1994, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected. Any vacancy occurring in the office of commissioner shall be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation, shall serve as chairman of the commission. (B) The terms of the initial members of the commission appointed from congressional districts are as follows: (1) commission members appointed to represent odd-numbered congressional districts - two years; and (2) commission members appointed to represent even-numbered congressional districts - four years. (C) The at-large commissioner shall serve at the pleasure of the Governor.
Section 57-1-340. Each commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.
Section 57-1-350. (A) The commission may adopt an official seal for use on official documents of the department. (B) The commission shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission may designate. (C) Commissioners must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act."
Director of Department of Transportation
SECTION 1505. Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Article 5
Director of the Department of Transportation and Other Employees
Section 57-1-410. The commission shall employ a director who shall serve at the pleasure of the commission. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.
Section 57-1-430. (A) The director must carry out the policies of the commission and administer the affairs of the department and may exercise all powers belonging to the commission within the guidelines and policies established by the commission, when the commission is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government. (B) For each division, the director may employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.
Section 57-1-440. The director shall have the exclusive authority to employ a chief counsel and such staff attorneys and support staff as are necessary to represent the department in legal matters, condemnation procedures, and other such litigation. Any extra legal services that may be required shall be performed by attorneys selected by the director. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits resulting from motor vehicle damage and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the state highway fund.
Section 57-1-450. The director shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director. Each deputy director may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.
Section 57-1-490. The department shall be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds."
Department restructured into divisions
SECTION 1506. Article 1, Chapter 3, Title 57 of the 1976 Code is amended to read:
"Article 1
Administration of the Department of Transportation
Section 57-3-10. The Department of Transportation must be divided into such divisions as the commission may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; and mass transit. The commission may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division.
Section 57-3-20. The responsibilities and duties of the following division deputy directors must include, but not be limited to, the following: (1) division deputy director for finance and administration: a. financial planning and management; b. accounting systems necessary to comply with all federal and/or state laws and/or regulations as well as all policies established by the Comptroller General; and c. administrative functions, including recording proceedings of the commission and developing policy and procedures to ensure compliance with these policies and procedures. (2) division deputy director for construction, engineering, and planning: a. development of statewide strategic highway plans; and b. directs highway engineering activities, including construction, design, construction oversight, and maintenance of state highways. (3) division deputy director for mass transit: a. development of a statewide mass transit system; and b. coordinate the preservation and revitalization of existing rail corridors.
Section 57-3-40. (A) The Division of Mass Transit must develop and coordinate a general mass transit program and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of mass transit systems, both public and private. (B) The division is further designated as the agency of the State principally responsible for preserving railroad rights-of-way for future use, and coordinating rail passenger service and high-speed rail planning and development. This authority includes, but is not limited to, the power to apply for and to receive state, federal, or other funds for rail passenger service, high-speed rail planning and development, bus passenger service, and rail corridor preservation and revitalization programs. (C) All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities must cooperate with the department, provide assistance, data, and advice upon request and must reimburse any such entity necessary cost in the event of any expense. This authority does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning the purposes set forth in this section. (D) The division must develop and annually submit by February first of each year a full, printed, detailed report to the House Education and Public Works Committee and the Senate Transportation Committee showing an analysis of: (1) the division's accomplishments in the past year; (2) a five year plan detailing future needs and goals of the State as it relates to all forms of mass transit; (3) a plan for funding and receiving federal matching funds or other funds as may be available; and (4) a state railroad corridor preservation and revitalization plan. (E) A railroad right-of-way or corridor held for railroad right-of-way preservation may be used for interim public purposes compatible with preservation of the corridor for future transportation use. A railroad corridor held for railroad right-of-way preservation may not be considered abandoned for the purpose of any law. (F) All powers, duties, and responsibilities of the Interagency Council on Public Transportation are devolved upon the Division of Mass Transit.
Section 57-3-50. The commission may establish such highway districts as in its opinion shall be necessary for the proper and efficient performance of its duties. The commission, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts."
Department of Transportation duties
SECTION 1507. Chapter 3, Title 57 of the 1976 Code is amended by adding:
"Article 2
General Provisions
Section 57-3-110. The Department of Transportation shall have the following duties and powers: (1) lay out, build, and maintain public highways and bridges, including the exclusive authority to establish design criteria, construction specifications, and standards required to construct and maintain highways and bridges; (2) acquire such lands, road building materials, and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation; (3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State; (4) number or renumber state highways; (5) initiate and conduct such programs and pilot projects to further research and development efforts, and to promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system; (6) cooperate with the federal government in the construction of federal-aid highways in the development of improved mass transit service, facilities, equipment, techniques, and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State; (7) instruct, assist, and cooperate with the agencies, departments, and bodies politic and legally constituted agencies of the State in street, highway, traffic, and mass transit matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system; (8) promulgate such rules and regulations in accordance with the Administrative Procedures Act for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law; (9) grant churches the right to cross over, under, along, and upon any public roads or highways and rights-of-way related thereto; (10) enter into such contracts as may be necessary for the proper discharge of its functions and duties and may sue and be sued thereon; (11) erect such signs as requested by a local governing body, if the department deems the signs necessary for public safety and welfare, including `Deaf Child' signs and `Crime Watch Area' signs; and (12) do all other things required or provided by law.
Section 57-3-120. For the purposes of this title, the following words, phrases, and terms are defined as follows: (1) `Highway', `street', or `road' are general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right-of-way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures, and all other facilities commonly considered component parts of highways, streets, or roads. (2) `Highway district' means the geographic area established by Section 57-3-50. (3) `Mass transit' shall mean every conveyance of human passengers by bus, rail, or high-speed rail, van, or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular and continuing basis. (4) `Roadway' shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term `roadway' as used herein shall refer to any such roadways separately but not to all such roadways collectively."
Duties and powers relating to highways generally, department name changed
SECTION 1508. Article 7, Chapter 3, Title 57 of the 1976 Code is amended to read:
"Article 7
Powers and Duties Generally
Section 57-3-600. Before a county or municipal corporation may accept a deed to a newly constructed road or agree to maintain a newly constructed road, it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid, that the road complies with all applicable construction specifications and standards for construction, and that the road is free of all encumbrances. A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. For the purposes of this section, a `newly constructed road' is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly constructed road.
Section 57-3-610. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Transportation must be reimbursed all expenses incurred by the department to implement the dedication. Reimbursement for expenses incurred by the department must first be approved by a majority of each county legislative delegation of the county in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary `C' Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars. Reimbursement for expenses incurred by the department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the department.
Section 57-3-630. The department may bring suits in its name, whenever a cause of action shall accrue to the State by reason of the injury, damage, destruction, or obstruction of any road in the state highway system, any bridge, culvert, ditch, causeway, embankment, wharf, tollgate, tollhouse, or other facility or any equipment, apparatus, or property, real or personal, belonging to the state highway system. Suits for the recovery of appropriate damages, and other proceedings incident thereto, shall be instituted in any court of competent jurisdiction, for and in behalf of the State in the name of the department as plaintiff. Complaints and other pleadings requiring verification may be verified by the director or any other person duly authorized by him.
Section 57-3-640. The department may construct and maintain necessary driveways and roads in state parks. All work to be performed by the department pursuant to the provisions of this section shall be with the consent and approval of the Department of Parks, Recreation and Tourism, and such work shall not result in the assumption by the department of any liability whatsoever on account of damages to property, injuries to persons or death growing out of or in any way connected with such work. Such driveways and roads taken over in state parks shall not affect the respective counties' portion of mileage to be taken over by the department under any other statute. The construction and maintenance work by the department authorized by this section shall be paid for from the state highway fund.
Section 57-3-650. (a) Highway construction and maintenance by the department as authorized in this title shall include the authority to acquire strips of land along highways and to landscape and develop the strips and other lands within the highway right-of-way in order to restore, preserve, and enhance the scenic beauty along the highways. The department may construct and maintain on such land public rest and recreational areas or trails, roadside parks, sanitary and other facilities reasonably necessary to accommodate the traveling public. (b) In order to provide information in the specific interest of the traveling public, the department is authorized to construct and maintain such information centers at the aforesaid recreational and rest areas as it may deem desirable. For the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable, these centers shall distribute maps, informational directories, and advertising pamphlets. Information centers shall be staffed by persons hired and paid by the Department of Parks, Recreation and Tourism. (c) The department is authorized to enter into agreements with the United States Secretary of Commerce as provided for in Title 23 of the United States Code, relating to the establishment and operation of information centers at rest and recreational areas, and to take action in the name of the State to comply with the terms of such agreements.
Section 57-3-660. The department may hard surface and otherwise improve such streets, roads, and driveways, including sidewalks, at state institutions as the department, together with the board of trustees or other governing body of any such state institution, may deem necessary. The cost of such improvements shall be paid for out of the state highway fund.
Section 57-3-670. The department may cooperate and enter into contracts with the United States Bureau of Public Roads and do any and all things necessary to carry out the provisions of any Federal-Aid Highway Act, including, but not limited to, the planning, construction, and maintenance of federal-aid highways, access roads, flight strips, and all other eligible projects, regardless of whether such projects are a part of the state highway system and may condemn or otherwise acquire lands necessary for rights-of-way in connection therewith under the procedure prescribed by law in condemning and acquiring lands for state highway purposes.
Section 57-3-680. If any such project to be constructed under the provisions of Section 57-3-670 is not a part of the state highway system, no part of the actual costs of rights-of-way, construction, or maintenance shall be paid for from state highway funds. Any political subdivision having jurisdiction over a project not a part of the state highway system shall deposit with the department its estimated share of the cost of such project before the contract is awarded, except that state highway funds may be advanced to meet current payments to contractors and others when existing agreements provide for reimbursements by the federal government of such funds advanced by the department. Article 13 of Chapter 5 of this title shall not apply to any project that is not a part of the state highway system.
Section 57-3-690. Whenever the department shall with federal funds, undertake the construction of any county road or shall, in anticipation of federal funds becoming available for such purpose, establish the location of any such road, the lawfully authorized officials of the county concerned shall provide, without cost to the department, all necessary rights-of-way for such construction, including lands for borrow and material pits. In order to secure such rights-of-way and other necessary lands such county officials may exercise any or all of the usual powers of condemnation lawfully authorized to be exercised by them in the case of other county roads.
Section 57-3-700. With the approval of the commission, the county officials may designate the department, acting through its agents and employees, as agents of the county in securing necessary rights-of-way and other lands.
Section 57-3-710. All payments to be made or obligated on account of rights-of-way and other lands acquired for the purposes contemplated by Section 57-3-690 shall be made by the county on order of the department. Any person having any claim on account of damages to property, injuries to person, or death growing out of any such construction as is contemplated in said section shall have such right of action against the county concerned as is authorized by law, and the remedy thus afforded shall be exclusive.
Section 57-3-720. The department is authorized to construct and maintain street and road access facilities to state ports shipping and warehousing facilities, airports, railroad marshalling yards, and trucking terminals, the cost of same to be paid from the state highway fund; provided, however, that all such construction and maintenance shall be limited to work on publicly owned property.
Section 57-3-730. The department may cooperate with any drainage district within the State, organized in accordance with the laws of the State, in order to carry drainage canals across state highways. But the cost to be assumed by the department incident to any such crossing shall not exceed the actual cost of the structure necessary to carry the waters of the drainage canal across the state highway.
Section 57-3-750. A full account of each road project shall be kept by the department so that it may ascertain at any time the expenditures or liabilities against all projects. The department shall also keep records of contracts and force account work. The account records, together with all supporting documents, shall be open at all times to the inspection of the Governor, other state officials, and the public.
Section 57-3-760. The department, at the beginning of each regular session of the General Assembly, shall make a full, printed, detailed report to the General Assembly showing an analysis of: (1) the department's accomplishments in the past year; (2) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system; (3) a five-year plan detailing the regulation of traffic which includes the administration and enforcement of traffic, driver, and motor vehicle laws and other laws relating to such subjects, the coordination of state and federal programs relating to mass transportation among the departments, agencies, and other bodies politic and legally constituted agencies in the State; and (4) a listing of all firms, companies, or businesses of any type doing business with the department and the amount of such contracts entered into by the department. Section 57-3-770. The department when cleaning or removing dirt and topsoil from ditches or roadbeds along roads, highways, and highway rights-of-way under its jurisdiction is authorized to give this dirt and topsoil to the landowner whose property adjoins the road which is being cleaned. The department is further authorized to haul this dirt and topsoil to a location on the adjoining landowner's property which location is designated by him; provided, that this location must be within one hundred yards of the road being cleaned.
Section 57-3-780. Before building new or expanding existing primary highways, roads, and streets, the department shall consider and make a written determination whether it is financially and physically feasible to include: (1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area; (2) pedestrian walkways or sidewalks; and (3) bicycle lanes or paths. A copy of this determination must be submitted to the State Energy Office."
State highway system, department name changed
SECTION 1509. Article 1, Chapter 5, Title 57 of the 1976 Code is amended to read:
"Article 1
Composition of and Change in System
Section 57-5-10. The state highway system shall consist of a statewide system of connecting highways which shall be constructed by the Department of Transportation and which shall be maintained by the department in a safe and serviceable condition as state highways. The complete state highway system shall mean the system of state highways as now constituted, consisting of the roads, streets and highways heretofore designated as state highways or designated for construction or maintenance by the department pursuant to law, together with the roads, streets and highways heretofore added to the state highway system by the Commission of the Department of Transportation, and such roads, streets and highways as may hereafter be added to the system pursuant to law. Roads and highways in the state highway system are classified into three classifications: (1) interstate system of highways; (2) state highway primary system; and (3) state highway secondary system.
Section 57-5-20. The interstate system of highways shall consist of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways.
Section 57-5-30. The state highway primary system shall consist of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, as determined by the Commission of the Department of Transportation.
Section 57-5-40. The state highway secondary system shall consist of all roads, streets and highways in the state highway system not otherwise designated as highways in the interstate system or the state highway primary system.
Section 57-5-50. The commission may transfer any route or section of route from the state highway secondary system to the state highway primary system, or vice versa, when, in its judgment, such transfer is advisable to better serve the traveling public.
Section 57-5-60. The department may add to the state highway primary system any sections or connections which, in the judgment of the department may be necessary in the proper development of the federal-aid primary highway system or the state highway primary system.
Section 57-5-70. The department shall take over and accept as a part of the state highway secondary system the roads remaining in the various county road systems which have been maintained by the respective counties, or so much mileage thereof as the availability of funds for construction of secondary state highways in a county may justify; provided, that municipal streets which are extensions of state highways may be added to the state highway secondary system in lieu of an equal mileage of county roads. The roads to be placed in the state highway system hereunder shall be selected by the department. Maintenance jurisdiction by the department of roads added to the state highway secondary system pursuant to the provisions of this section shall not commence until construction to state highway standards shall have started.
Section 57-5-80. The department may delete and remove from the state highway secondary system of roads in any county any roads which are of low traffic importance and substitute therefor an equal, or less, mileage of other roads of higher traffic importance as determined by traffic surveys and estimates. Maintenance responsibility for roads deleted and removed from the state highway secondary system pursuant to the provisions of this section shall transfer from the jurisdiction of the department to the jurisdiction of the county or municipality in which such roads are situated, effective upon notice from the department of official action deleting and removing the roads from the state highway system.
Section 57-5-90. The commission may establish such belt lines or spurs as it deems proper and construct and maintain such belt lines and spurs from funds otherwise provided by law for the construction and maintenance of the state highway system, but the total length of such belt lines and spurs to be established or constructed in any county shall not exceed two miles in any one fiscal year; provided, that should the commission fail to establish belt lines or spurs during a fiscal year the allocation to the counties shall be continued from year to year and the mileage shall be cumulative. Provided, further, that any mileage that accumulated prior to June 30, 1972, under this section shall remain to the credit of the county to which it accumulated.
Section 57-5-100. Except as authorized herein, or by other law, the department is hereby prohibited from adding roads to the state highway system.
Section 57-5-110. The Department of Transportation may relocate any section of highways included in the federal-aid primary highway system or the state highway primary system when such relocation is required in order to conform to the standards adopted for the highways comprising such systems.
Section 57-5-120. The department may abandon as a part of the state highway system any section of highway which may be relocated, and every such section so abandoned as a part of the state highway system shall revert to the jurisdiction of the respective appropriate local authorities involved or be abandoned as a public way. But the department, in its discretion, may retain in the system any such relocated section when it serves as a needed connection to the new section or when it serves as a proper part of the state highway system.
Section 57-5-130. Notwithstanding any other provision of law, when the Department of Transportation publishes the name or description of a state road or highway in a newspaper of general circulation, it shall include not only the numerical designation of such road or highway but also a general description of it. In the general description the department, where possible, shall include the designated name of the road or highway and its general location as compared to other roads and highways in the general vicinity.
Section 57-5-140. The state highways designated as parts of the state highway system shall include the sections of such highways lying within the limits of incorporated municipalities, and such sections shall be equally as eligible in all respects to receive the attention of the department for construction, reconstruction, and maintenance as are the sections of the highways lying wholly without incorporated places. But the department shall not reimburse any municipality for any construction performed by such municipality prior to June 13, 1951, nor share in the cost of any construction or improvement made by any municipality on any street or highway prior to the date the road or street so constructed or improved was added to the state highway system. But nothing in this chapter shall prevent a municipality from undertaking any improvements or performing any maintenance work on state highways in addition to what the department is able to undertake with the available funds. The Department of Transportation shall not, however, be liable for damages to property or injuries to persons, as otherwise provided for in Section 57-5-1810, as a consequence of the negligence by a municipality in such improvements or maintenance work by a municipality.
Section 57-5-150. The entire cost of the rights-of-way for state highway construction in municipalities shall be paid for from the state highway fund, as authorized in Section 57-5-140, on the same basis as rights-of-way are paid for in rural areas, and also that the Department of Transportation shall pay from the state highway fund the entire cost of urban transportation plan projects, including all of the costs of all rights-of-way.
Section 57-5-160. The Department of Transportation is authorized to enter into agreement with the United States Atomic Energy Commission and such other parties as may be necessary to accept and place into the state highway system portions of the highways formerly designated as Nos. 28 and 125 lying within the boundaries of the Savannah River Project. The department, after consultation with the Atomic Energy Commission, shall promulgate rules and regulations governing the manner in which the highway within the Savannah River Project may be utilized by the traveling public, which regulations, when duly promulgated shall have the force of law.
Section 57-5-170. In order to protect the national security, the regulations may include provisions to restrict the area of the highway within the limits of the Savannah River Project to vehicular traffic, capable of maintaining the minimum posted speed limit; to designate any and all points of access to and from the segment of highway lying within the area and may provide for a system of closure at points upon the highway so as to enable the department or Atomic Energy Commission to identify vehicles and individuals using the highway and to enable the Department of Transportation or the Atomic Energy Commission to determine the transit time along the highway within the limits of the area.
Section 57-5-180. Upon execution of an agreement with the Atomic Energy Commission, the Department of Transportation shall file with the Secretary of State a copy of the agreement and shall publicly declare the date on which the highway shall be a part of the state highway system. After such execution, the terms of the agreement shall have full force notwithstanding any other provisions of law relating to highways in this State.
Section 57-5-190. Any person convicted of violating the provisions of Sections 57-5-160 through 57-5-180 may be punished in any court of competent jurisdiction by a fine of not more than one hundred dollars or imprisonment for not more than thirty days."
Rights of way, lands and condemnation, department name changed
SECTION 1510. Article 3, Chapter 5, Title 57 of the 1976 Code is amended to read:
"Article 3
Rights of Way, Lands and Condemnation
Section 57-5-310. The commission and the Department of Transportation may own such real estate, in fee simple or by lease, as shall be deemed necessary for the purpose of facilitating the proper operation of the department or for the building and maintenance of the public highways in the state highway system.
Section 57-5-320. The department may acquire an easement or fee simple title to real property by gift, purchase, condemnation or otherwise as may be necessary, in the judgment of the department, for the construction, maintenance, improvement or safe operation of highways in this State or any section of a state highway or for the purpose of acquiring sand, rock, clay, and other material necessary for the construction of highways, including: (a) land for drainage ditches and canals that may be needed in order to correct existing land drainage facilities impaired or interfered with by the department in connection with its road improvement work; and (b) property, either within or without incorporated towns, to be used for borrow pits from which to secure embankment and surfacing materials. Other property required, as determined by the department, for the construction, maintenance and safe operation of state highways may be acquired by condemnation in the manner described in this article. Provided, however, after condemnation, trial and rendition of verdict by jury there shall be no abandonment by the department without the payment of expenses incurred by the landowner including a reasonable fee to the attorney or attorneys representing the landowner, which fee and expenses shall be set and approved by the trial judge.
Section 57-5-330. The minimum width of the right-of-way required for the construction, maintenance and safe operation of state highways is hereby fixed at sixty-six feet. But the department, in its discretion, may accept a lesser width than sixty-six feet within incorporated towns or where existing structures of a permanent nature would necessarily be moved or damaged in order to afford the full minimum width of sixty-six feet. And the department may acquire such additional width above the minimum herein fixed as in its judgment may be necessary to meet the exigencies of construction, maintenance, and safe operation of any particular highway.
Section 57-5-340. The department shall continuously inventory all of its real property. When, in the judgement of the department any real estate acquired as provided in this chapter is no longer necessary for the proper operation of the department or highway systems, the department shall vigorously attempt to sell the property by advertising for competitive bids in local newspapers or by direct negotiations, but in every case of the sale or transfer of any real estate by the commission or the department, the sale or transfer shall be made public by publishing notice of it in the minutes of the next succeeding meeting of the commission. The commission and the department shall convey by deed, signed by the Director of the Department of Transportation and the Deputy Director of the Division of Finance and Administration, any real estate disposed of under this section. Any funds derived from the sale of surplus property by authority of this section shall be credited to the funding category from which funds were drawn to finance the department's acquisition of the property. However, any funds derived from the sale of right-of-way, which the department has purchased, in excess of the department's cost shall be distributed among the counties as C funds pursuant to Section 12-27-400.
Section 57-5-350. The department shall neither lease nor sell any part of the state highway primary system, rights-of-way or any of the controlled-access highway facilities for commercial enterprise activities, except public utilities, which were acquired by easement. This shall not serve to prevent the sale of surplus property as authorized by Section 57-5-340, nor shall it prevent the sale of any of the properties referred to in this section which were acquired by fee simple deed.
Section 57-5-370. Whenever the department is required or authorized by law to construct or improve streets within municipalities, the municipality or the department may condemn additional land necessary for the improvement of the streets or property within the municipality required for materials with which to construct highway embankments and surfacing.
Section 57-5-380. The department, for the purpose of acquiring property as authorized by Section 57-5-320, may condemn lands, rights-of-way, and easements of railroad, railway, telegraph, or other public service corporations, provided that the condemnation does not impair the ability of the railroad, railway, telegraph, or other public service corporations to operate.
Section 57-5-540. When the department condemns property, the award shall be paid by the department.
Section 57-5-550. All deeds or other instruments conveying, or intended to convey, a right-of-way and the original papers in all condemnation proceedings to acquire a right-of-way for any state highway shall be filed by the department in its offices at Columbia, and a direct index of all such deeds, instruments and records shall be made and kept by the department. The provisions of this section shall apply to all deeds, instruments and condemnation proceedings in existence on or after June 13, 1951, except such instruments as had actually been recorded prior to said date in the office of the register of mesne conveyances or clerk of court of any county of this State or had prior to said date become a permanent record in any such office.
Section 57-5-570. The department shall maintain in the office of the tax assessor for each of the several counties a copy of all highway plans on which are indicated the widths of the rights-of-way for each road in the related district or county and an alphabetical list of property owners on each road for which rights-of-way have been acquired. These records must be for the convenience of persons making inquiry as to the right of the State in and to the right-of-way for roads constructed by the department in any county. The tax assessors of the several counties shall cooperate with the department in keeping these records current, without charge.
Section 57-5-580. The department may charge, as part of the cost of construction, the costs of rights-of-way necessary in connection with the improvement or construction of any state highway project.
Section 57-5-590. Nothing herein contained shall be construed to divest the county authorities of the right to condemn for highway purposes, but the rights herein granted are concurrent with the rights and powers of governing bodies of counties and they may still condemn property for highway purposes upon the written request of the department.
Section 57-5-600. Whenever the Department of Transportation shall determine that any property previously acquired for right-of-way is not required for either right-of-way or departmental purposes, it may expressly abandon that right-of-way or property or any portion thereof, or may grant written permits to encroach thereon under such rules and regulations as the Department of Transportation may establish. Provided, no city street may be closed under this section without concurrence of the governing body of the municipality, except for interstate routes or controlled-access highways."
Name change
SECTION 1511. Section 57-5-710 of the 1976 Code is amended to read:
"Section 57-5-710. Except as otherwise provided by law, the construction of the state highway system shall be carried on simultaneously in each of the highway districts of the State, and the commission shall determine and arrange the order of the work in a fair and equitable manner among the counties within each highway district."
Name change
SECTION 1512. Section 57-5-720 of the 1976 Code is amended to read:
"Section 57-5-720. The Department of Transportation shall construct the highways in the state highway primary system and the highways in the state highway secondary system to standards commensurate with the amount and types of traffic services to be rendered by the highways in the respective systems, it being the declared policy of the State that the highways in the state highway secondary system shall be constructed by less expensive standards than the highways in the state highway primary system, thus enabling the State to construct a larger mileage of all-weather farm-to-market roads from the available funds."
Name change
SECTION 1513. Section 57-5-760 of the 1976 Code is amended to read:
"Section 57-5-760. The Department of Transportation is hereby authorized to enter into reimbursement agreements with the several counties of the State for the construction of farm-to-market and secondary roads financed through the issuance of bonds and reimbursed from funds accruing under the provisions of Section 12-27-400. This reimbursement shall be made in annual installments, in amounts not exceeding the annual maturity principal on the bonds to be issued by the county, out of the apportionment of funds accruing for construction in the county under the Department of Transportation's farm-to-market construction program, if so much thereof shall accrue for such construction in the county. The Department of Transportation shall not be obligated to the repayment to the county for any installment due under its reimbursement agreement unless sufficient amounts for such installments shall accrue to the credit of the county under the state farm-to-market construction program. The Department of Transportation shall not be required to pay any interest to the county for funds turned over to the department pursuant to the provisions of this section. If, during any year hereafter, the apportionment to which farm-to-market construction in the county is entitled exceeds the sum required to meet the annual installment of principal of the bonds in that year, then such excess shall be applied by the department as if no reimbursement agreement had been entered into. The reimbursement agreement shall be upon such other terms and conditions as may be mutually agreed upon by the department and the governing bodies of the several counties."
Name change
SECTION 1514. Section 57-5-870 of the 1976 Code is amended to read:
"Section 57-5-870. The Department of Transportation and the Department of Natural Resources are authorized to enter into cooperative agreements for the construction of access roads and recreation facilities in any county in the State. The agreements may provide for the Department of Transportation to prepare the necessary plans; provide construction engineering and inspection; and award the necessary construction contracts, subject to the written approval of the Department of Natural Resources. All such contracts shall provide for payments for work performed to be made by the Department of Natural Resources from its funds. Upon completion of the construction work, the Department of Transportation shall reimburse the Department of Natural Resources out of farm-to-market construction funds apportioned to the county in which the work is performed not exceeding the actual cost of constructing any such secondary roads or one half the total cost of the project provided for in the cooperative agreement, whichever is less. The Department of Transportation shall pay from its farm-to-market construction funds apportioned to such county the cost of engineering and inspection. The roads shall become a part of the state highway secondary system upon their completion."
Name change
SECTION 1515. Section 57-5-1010(3) of the 1976 Code is amended to read:
"(3) `Department' means the Department of Transportation."
Name change
SECTION 1516. Section 57-5-1320 1. of the 1976 Code is amended to read:
"1. `Department' means the Department of Transportation;"
Name change
SECTION 1517. Section 57-5-1350 of the 1976 Code is amended to read:
"Section 57-5-1350. Whenever it becomes necessary that monies be raised for a turnpike facility, the commission may make request to the state board for the issuance of turnpike bonds. The request may be in the form of resolution adopted at any regular or special meeting of the commission. The request shall set forth on the face thereof or by schedule attached thereto: 1. the turnpike facility proposed to be constructed; 2. the amount required for feasibility studies, planning, design, right-of-way acquisition, and construction of the turnpike facility; 3. a tentative time schedule setting forth the period of time for which the sum request must be expended; 4. a debt service table showing the estimated annual principal and interest requirements for the requested turnpike bonds; 5. any feasibility study obtained by the commission relating to the proposed turnpike facility; 6. the commission's recommendations relating to any covenant to be made in the bond resolution of the state board respecting competition between the proposed turnpike facility and possible future highways whose construction would have an adverse effect upon the turnpike revenues which would otherwise be derived by the proposed turnpike facility."
Highway bonds eliminated
SECTION 1518. Item 1(c) of Section 57-5-1450 of the 1976 Code is deleted.
Name change
SECTION 1519. The last paragraph in Section 57-5-1450 of the 1976 Code is amended to read:
"The resolution shall further set forth a finding on the part of the state board that the estimate of turnpike facility revenues made by the commission and approved by the state board indicates that collection from turnpike revenues for applicable fiscal years is not less than that required for annual debt service requirements of the requested turnpike bonds."
Name change
SECTION 1520. Section 57-5-1610 of the 1976 Code is amended to read:
"Section 57-5-1610. Except with the approval of the State Budget and Control Board, the Department of Transportation shall not let any highway construction contracts unless reserves for such contracts shall have been provided for out of either (a) current balances in the state highway fund, (b) federal aid obligated for such contracts or (c) estimated revenue balances accruing during the period in which payments are to become due on such contracts; it being the intention of the General Assembly by the enactment of the section that the department shall not let any highway construction contracts which are contingent upon additional tax revenue legislation or upon receipt of the proceeds of anticipated bond sales for the payment of such contracts, unless the amount of highway construction contracts proposed to be let shall receive the approval of the State Budget and Control Board."
Name change
SECTION 1521. Section 57-5-1620 of the 1976 Code is amended to read:
"Section 57-5-1620. Awards by the department of construction contracts for ten thousand dollars and more shall be made only after the work to be awarded has been advertised for at least two weeks in one or more daily newspapers in this State, but where circumstances warrant, the department may advertise for longer periods of time and in other publication media. Awards of contracts, if made, shall be made in each case to the lowest qualified bidder whose bid shall have been formally submitted in accordance with the requirements of the department. However, in cases of emergencies, as may be determined by the Director of the Department of Transportation, the department, without formalities of advertising, may employ contractors and others to perform construction or repair work or furnish materials and supplies for such construction and repair work, but all such cases of this kind shall be reported in detail and made public at the next succeeding meeting of the commission."
Name change
SECTION 1522. Section 57-5-1630 of the 1976 Code is amended to read:
"Section 57-5-1630. Unless approved in advance by the commission, no construction contract may be extended to include work not contemplated in the original award, except within the limitations imposed by the contract. Where in the judgment of the Director of the Department of Transportation it is in the public's interest and prices advantageous to the department are obtained, the department may extend contracts to include additional work in advance of the approval of the commission, if on the other hand to delay an extension until the next commission meeting an advantage to the department would be lost, but in every case, every contract extension must be subject to approval by the commission at the next succeeding meeting. The extension of a contract to include additional work in advance of the approval of the commission may not exceed fifty percent of the total amount of the original contract being so extended or the sum of one hundred fifty thousand dollars, whichever amount is less. Advertisement in the case of extensions of contracts under this section shall consist of detailed reports of the transactions made public at open meetings of the commission."
Name change
SECTION 1523. Section 57-5-1660(a)(1) of the 1976 Code is amended to read:
"(a) The Department of Transportation shall require that the contractor on every public highway construction contract, exceeding ten thousand dollars, furnish the Department of Transportation, county, or road district the following bonds, which shall become binding upon the award of the contract to such contractor: (1) A performance and indemnity bond with a surety or sureties satisfactory to the authority awarding the contract, and in the full amount of the contract, and in no case less than ten thousand dollars, for the protection of the Department of Transportation, county, or road district."
State highway bonds revised
SECTION 1524. Article 3, Chapter 11, Title 57 of the 1976 Code is amended to read:
"Article 3
State Highway Bonds
Section 57-11-210. The terms defined herein shall have the meanings hereinafter set forth: (1) `Fiscal year' means the fiscal year upon which the affairs of the State of South Carolina are then being conducted. As of the date of this enactment it is that which begins on July first and ends on June thirtieth of the succeeding calendar year. (2) `Fuel oil tax' means the tax levied pursuant to Chapter 29, Title 12. (3) `Gasoline tax' means the per gallon tax imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 27 of Title 12. (4) `Commission' means that agency of government now composed in accordance with the provisions of Articles 3 and 5 of Chapter 3, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the commission pursuant to the provisions of Chapter 3, Title 57. (5) `Highway transportation purposes' means the construction of roads and bridges now or hereafter made a part of the state highway system, or the reconstruction and improvement of highways and bridges now or hereafter made a part of the state highway system and to provide state funds to obtain matching federal highway funds. (6) `Motor vehicle license tax' means the annual tax imposed upon a corporation, an individual, and an owner of a motor and other vehicle pursuant to the provisions of Title 56 and Title 57. (7) `Road tax' means the road tax imposed on motor carriers pursuant to Chapter 31, Title 12. (8) `Sources of revenue' means the gasoline tax, the fuel oil tax, the road tax, and the motor vehicle license tax. (9) `State board' means the State Budget and Control Board of South Carolina. (10) `State highway bonds' means all general obligation bonds of the State of South Carolina designated as state highway bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.
Section 57-11-220. State highway bonds issued for highway transportation purposes or other such purposes of the department as the General Assembly may authorize shall be issued in accordance with the provisions of this article and Chapter 47 of Title 2 of the 1976 Code. Notes may be issued in anticipation of the issuance of state highway bonds in accordance with the provisions of Chapter 17 of Title 11 of the 1976 Code. In each odd-numbered year, beginning in 1995, the department shall review the state highway transportation needs and, upon conclusion of this review, the department shall recommend such projects as it deems advisable to consider in the ensuing year to the General Assembly and the Joint Bond Review Committee.
Section 57-11-240. The maximum annual debt service on general obligation bonds issued or outstanding as state highway bonds shall not exceed the debt service limits established in Article X, Section 13 of the South Carolina Constitution. Within such limitations, state highway bonds may be issued for state highway transportation purposes or to refund state highway bonds from time to time under the conditions prescribed by this article and as authorized under Section 2-7-105 of the 1976 Code.
Section 57-11-250. For the payment of the principal of and interest on all state highway bonds (whether now outstanding or hereafter issued), as the same shall come due, there shall be pledged the full faith, credit, and taxing power of the State of South Carolina and, in addition thereto, all of the monies derived from all sources of revenue which may be forthwith used by the State Treasurer, without further action of the commission, for the payment of the principal and interest of state highway bonds, as the same respectively mature.
Section 57-11-270. The pledge of monies derived from the sources of revenue shall not preclude the General Assembly from revising the quantum of any tax included in the sources of revenue except that, so long as any state highway bonds shall be outstanding, the sources of revenue shall be not less than the amount needed to fund the general operations budget of the department and debt service requirements for annual principal and interest payments on state highway bonds.
Section 57-11-280. The commission is authorized to request the state board to issue state highway bonds. In order to effect the issuance of bonds pursuant to this article, the state board may adopt a resolution providing for the issuance of state highway bonds, upon written request by the commission, and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver state highway bonds in accordance with the terms and conditions of such resolution. Such resolution shall set forth the: (1) the amount, denomination, and numbering of state highway bonds to be issued; (2) the date as of which the same shall be issued; (3) the maturity schedule for the retirement of such state highway bonds; (4) the redemption provisions, if any, applicable to such bonds; (5) the maximum rate or rates of interest the bonds shall bear; (6) the purposes for which the bonds are to be issued; (7) the occasion on which bids shall be received for the sale of such bonds; (8) the form of advertisement of sale; (9) the form of the bonds of the particular issue; and (10) such other matters as may be deemed necessary in order to effect the sale, issuance, and delivery thereof. Such resolution shall further set forth a finding on the part of the state board that the actual receipts, for the preceding fiscal year, from the sources of revenue equaled or exceeded the maximum annual debt service requirements for all state highway bonds then outstanding and state highway bonds then proposed to be issued.
Section 57-11-290. Following receipt of a certified copy of the resolution of the state board the Governor and State Treasurer shall issue state highway bonds in accordance with the provisions of the resolution of the state board.
Section 57-11-300. State highway bonds shall be issued in such form, in such denominations, and with such provisions as to time, place, or places and medium of payment as may be determined by the state board, subject to the provisions of this article.
Section 57-11-320. State highway bonds shall be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds shall be subject to transfer under such conditions as the state board shall prescribe.
Section 57-11-330. State highway bonds shall bear interest, payable on such occasions as shall be prescribed by the state board. Each issue of state highway bonds shall mature in annual series or installments, which shall mature not more than twenty-five years after such date. Such installments or series may be equal or unequal in amount. State highway bonds may, in the discretion of the state board, be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. State highway bonds shall not be redeemable before maturity unless they contain a statement to that effect.
Section 57-11-340. All state highway bonds issued under this article, and the interest thereon, shall be exempt from all state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by the State of South Carolina, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, or transfer taxes.
Section 57-11-360. State highway bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds shall be awarded to the bidder offering to purchase the state highways bonds at the lowest net interest cost to the State at a price of not less than ninety-nine percent of par and accrued interest to the date of delivery, but the right shall be reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding. For the purpose of bringing about successful sales of such bonds, the state board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sales of such bonds shall be paid from the proceeds of the sale of such bonds.
Section 57-11-370. It shall be lawful for all executors, administrators, guardians, and other fiduciaries and all sinking fund commissions, including the State Budget and Control Board of South Carolina as manager and administrator of other state sinking funds, to invest any monies in their hands in state highway bonds.
Section 57-11-380. The proceeds of the sale of state highway bonds shall be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no wise be liable for the proper application of the proceeds to the purposes for which they are intended.
Section 57-11-390. The proceeds derived from the sale of state highway bonds shall be applied only to the purposes set forth in the resolution of the state board pursuant to which the bonds are issued."
Name change
SECTION 1525. Section 57-13-10 of the 1976 Code is amended to read:
"Section 57-13-10. The commission may cooperate and negotiate with the proper authorities of adjoining states in the construction, purchase, acquisition and maintenance of bridges constructed or to be constructed across streams which constitute boundaries between this State and such adjoining states and may expend for such purposes not exceeding one half of the total cost of such bridges and approaches thereto and bear a proportionate part of the maintenance thereof, such expenditures to be made from the funds available for the construction and maintenance of highways and bridges in the state highway system."
Name change
SECTION 1526. Section 57-13-40 of the 1976 Code is amended to read:
"Section 57-13-40. The commission may permit any person, county or municipality, or any combination thereof, to construct toll bridges and appertaining structures suitable for highway traffic on any roads of the state highway system. But before any such permit is issued an agreement satisfactory to the Department of Transportation must be executed by the person receiving such permit fixing conditions under which the bridge is to be constructed, the character and design of the structure, the rate of toll to be charged traffic using it and the terms according to which it can be acquired by the State or counties concerned."
Name change
SECTION 1527. Section 57-13-130 of the 1976 Code is amended to read:
"Section 57-13-130. The Department of Transportation is authorized to maintain and preserve the following covered bridges with the necessary connections with the state highway system: The Old Lower Gassaway Bridge off State Road 137 in Pickens County. The Prathers Bridge over the Tugaloo River on State Road 160 between Oconee County and the State of Georgia. The bridge over Long Crane Creek on State Road 36 about three and one-half miles west of Troy in McCormick County. The department may negotiate with the appropriate officials of the State of Georgia for the joint preservation and maintenance of the Prathers Bridge. The department may limit the use of the bridges described herein to pedestrian traffic. The provisions of Article 13, Chapter 5, Title 57 shall not apply to the maintenance of the bridges described in this section."
Name change
SECTION 1528. Section 57-15-140 of the 1976 Code is amended to read:
"Section 57-15-140. The Department of Transportation shall take over, maintain and operate the ferry across the intracoastal waterway which traverses State Highway No. 716 which extends from a point on U. S. Highway No. 17, south of Georgetown, in a southeasterly direction, to Winyah Bay, such ferry and its approaches to form a part of State Highway No. 716 in Georgetown County. The provisions of Article 13 of Chapter 5 of this Title shall not apply to the operation, repair or maintenance of any such ferry. Contributions from private citizens or public or private agencies may be made with respect to defraying the operational or maintenance expenses of such ferry; provided, however, that any such contribution shall in no wise render legally liable or responsible any of the contributors."
Department name changed in Highway Beautification and Scenic Routes Chapter
SECTION 1529. Chapter 23, Title 57 of the 1976 Code is amended to read:
"Article 1
Beautified Sections of Highway
Section 57-23-10. Whenever the lands adjoining any hard-surfaced public road or highway in this State shall be beautified by the planting or maintaining of flowers or ornamental trees or shrubs on the lands adjoining it by any agreement of the landowners adjoining such road or by their permission, such stretch of road shall be marked at either end by the road authorities of the county or counties wherein it lies by some suitable sign showing that the stretch of road between such signs has been beautified.
Section 57-23-20. When any stretch of road shall have been so designated and marked by the road authorities of any county or counties it shall be unlawful for any person to dig, pull up, gather, remove, cut, maim, break or injure in any way, including any injury done by fires intentionally set, any wild, cultivated or ornamental plants, shrubs and trees situated on or along any such marked stretch of public road or highway or any public or privately owned land lying along such road. But the provisions of this section shall not apply where the acts hereby prohibited are done by or under the instructions of the proper authorities lawfully in charge of such public roads, highways or lands or by or with the permission of the owner of any privately owned lands. Nothing herein contained shall affect the right of any person interested to recover damages in a suit, action or proceeding for the commission of any of the acts and deeds hereby prohibited. Any violation of the provisions of this section shall be punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.
Article 3
Cherokee Foothills Scenic Highway
Section 57-23-110. State Highway No. 11 is hereby designated as the Cherokee Foothills Scenic Highway; provided, that the portion of State Highway No. 11 in Pickens and Oconee Counties shall continue to be known as the Andrew Pickens Scenic Parkway.
Section 57-23-120. In order to carry out the provisions of this article, the Department of Transportation shall provide for appropriate markers designating the highway as the Cherokee Foothills Scenic Highway, and the State Forestry Commission, the Department of Parks, Recreation and Tourism, and all other state agencies or governmental entities shall cooperate with the Department of Transportation.
Article 5
Bohicket Road Scenic Highway
Section 57-23-210. Bohicket Road on John's Island in Charleston County is hereby designated a scenic highway. The Department of Transportation, the Department of Archives and History and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the designation herein provided for.
Section 57-23-220. Bohicket Road, designated a scenic highway in this article, shall be subject to the provisions of the Highway Advertising Control Act of 1971.
Article 7
Hilton Head Scenic Highway
Section 57-23-300. The I-95, U.S. Route 278 connector route beginning at the intersection of I-95 and Secondary Road 88 in Jasper County and extending easterly to S.C. Route 278 in Beaufort County is designated a scenic highway to be known as the Hilton Head Scenic Highway. The Department of Transportation, the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation.
Section 57-23-310. All off-premises outdoor advertising is prohibited on the Hilton Head Scenic Highway.
Article 8
Highway 174 Scenic Highway
Section 57-23-350. South Carolina Highway 174 south of the Dawhoo Bridge in Charleston County is declared a scenic highway. The Department of Transportation shall install appropriate markers and signs to implement this designation.
Section 57-23-360. That portion of South Carolina Highway 174 designated a scenic highway by this article is subject to the provisions of the Highway Advertising Control Act.
Article 9
Long Point Road Scenic Highway
Section 57-23-400. Long Point Road in Charleston County from Whipple Road to U.S. 17 North is designated a scenic highway to be known as the Long Point Road Scenic Highway. The Department of Transportation, the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation.
Section 57-23-410. Any new off-premises outdoor advertising is prohibited on the Long Point Road Scenic Highway after the effective date of this article.
Section 57-23-420. No trees in excess of a six-inch caliper located within the highway right-of-way of this scenic highway may be removed without the permission of the Department of Transportation upon the recommendation of the governing council of the Town of Mount Pleasant.
Article 11
Mathis Ferry Road Scenic Highway
Section 57-23-500. Mathis Ferry Road in Charleston County from Whipple Road to 7th Street in the Town of Mount Pleasant is designated a scenic highway to be known as the Mathis Ferry Road Scenic Highway. The Department of Transportation, the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation.
Section 57-23-510. Any new off-premises outdoor advertising is prohibited on the Mathis Ferry Road Scenic Highway after the effective date of this article.
Section 57-23-520. No trees in excess of a six-inch caliper located within the highway right-of-way of this scenic highway may be removed without the permission of the Department of Transportation upon the recommendation of the governing council of the Town of Mount Pleasant.
Article 13
Riverland Drive Scenic Highway
Section 57-23-600. Riverland Drive in Charleston County is designated a scenic highway to be known as the Riverland Drive Scenic Highway. The Department of Transportation, the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation.
Section 57-23-610. Any new off-premises outdoor advertising is prohibited on the Riverland Drive Scenic Highway after the effective date of this article.
Section 57-23-620. No trees in excess of a six-inch caliper located within the highway right-of-way of this scenic highway may be removed without the permission of the Department of Transportation upon the recommendation of the governing council of the County of Charleston.
Article 15
Ft. Johnson Road Scenic Highway
Section 57-23-700. Ft. Johnson Road in Charleston County is designated a scenic highway to be known as the Ft. Johnson Road Scenic Highway. The Department of Transportation, the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation.
Section 57-23-710. Any new off-premises outdoor advertising is prohibited on the Ft. Johnson Road Scenic Highway after the effective date of this article.
Section 57-23-720. No trees in excess of a six-inch caliper located within the highway right-of-way of this scenic highway may be removed without the permission of the Department of Transportation upon the recommendation of the governing council of the County of Charleston."
Department name changed in Highway Advertising Article
SECTION 1530. Article 3, Chapter 25, Title 57 of the 1976 Code is amended to read:
"Article 3
Highway Advertising Control Act
Section 57-25-110. This article may be cited as the `Highway Advertising Control Act'.
Section 57-25-120. As used in this article: (1) `Interstate system' means that portion of the national system of interstate and defense highways located within this State officially designated now or in the future by the Department of Transportation and approved by the appropriate office of the United States Government pursuant to the provisions of Title 23, United States Code, `Highways'. (2) `Federal-aid primary system' means that portion of connected main highways which officially are designated as the federal-aid primary highway system now or in the future by the Department of Transportation and approved by the appropriate office of the United States Government pursuant to the provisions of Title 23, United States Code, `Highways'. (3) `Sign' or `outdoor advertising sign' means an outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, or any part of the advertising or its informative contents. (4) An `unzoned commercial or industrial area' does not include land established as a scenic area pursuant to Section 57-25-140(D)(4) or land zoned by a subdivision of government. An unzoned commercial, business, or industrial area means the land occupied by the regularly used building, parking lot, and storage and processing area of a commercial, business, or industrial activity and land within six hundred feet of it on both sides of the highway. The unzoned land does not include: (a) land on the opposite side of an interstate or freeway primary federal-aid highway; (b) land predominantly used for residential purposes; (c) land zoned by state or local law, regulation, or ordinance except land which is zoned in a manner which allows essentially unrestricted development or where regulation of size, spacing, and lighting of signs is unrestricted or less restrictive than the restrictions imposed by Section 57-25-140; (d) land on the opposite side of a nonfreeway primary highway which is designated scenic by the commission. (5) `Commercial or industrial activities' means those established activities generally recognized as commercial or industrial by zoning authorities within the State, except that none of the following are considered commercial or industrial activities: (a) outdoor advertising structures; (b) agriculture, forestry, ranching, grazing, farming, wayside produce stands, quarries, and borrow pits; (c) activities conducted in a building principally used as a residence; (d) hospitals, nursing homes, or long-term care facilities; (e) transient or temporary activities; (f) activities not visible from the main-traveled way; (g) activities more than six hundred sixty feet from the nearest edge of the right-of-way of interstate and freeway primary federal-aid highways or more than three hundred feet from the nearest edge of the right-of-way of nonfreeway primary federal-aid highways; (h) railroad tracks and minor sidings; (i) sham, prohibited, or illegal activities; (j) junkyards; (k) schools, churches, or cemeteries; (l) recreational facilities. (6) `Freeway primary federal-aid highway' means a divided arterial highway for through traffic with full control of access built to the same standards as to access as an interstate highway, which is officially designated now or in the future as a part of the federal-aid primary system.
Section 57-25-130. The General Assembly finds that outdoor advertising is a legitimate form of commercial use of the private property adjacent to the public highways. The General Assembly also finds that outdoor advertising is an integral part of the business and marketing function and is an established segment of the national economy which serves to promote and protect investments in commerce and industry and is, therefore, a business which must be allowed to exist and operate where other business and commercial activities are conducted and that a reasonable use of property for outdoor advertising to the traveling public is desirable. In order, however, to prevent unreasonable distraction of operators of motor vehicles, prevent confusion with regard to traffic lights, signs, or signals, prevent interference with the effectiveness of traffic regulations, promote the prosperity, economic well-being, and general welfare of the State, promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within this State, and preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, the General Assembly declares it to be the policy of this State that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the rights-of-way of the interstate and federal-aid primary systems within this State must be regulated in accordance with the terms of this article which provide for standards consistent with customary use in this State and finds that all outdoor advertising devices which do not conform to the requirements of this article are illegal. It is the intention of the General Assembly in this article to provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent to interstate and federal-aid primary systems declared by Congress in Title 23, United States Code, `Highways'.
Section 57-25-140. (A) An outdoor advertising sign must not be erected or maintained after June 30, 1975, which is visible from the main-traveled way of the interstate or federal-aid primary highways in this State and erected with the purpose of its message being read from the traveled way, except the following: (1) official signs and notices erected and maintained by the State or local governmental authorities pursuant to laws or ordinances for the purpose of carrying out an official duty or responsibility and historical markers authorized by law and erected by the State, local governmental authorities, or nonprofit historical societies; (2) public utility warning and informational signs, notices, and markers which customarily are erected and maintained by publicly or privately owned utilities as essential to their operations; (3) signs and notices of service clubs and religious organizations relating to meetings of nonprofit service clubs, charitable organizations or associations, or religious services; (4) directional signs containing directional information about public places owned and operated by federal, state, or local governments, public or privately owned natural phenomena, historical, cultural, educational, and religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, considered to be in the public interest; (5) signs advertising the sale or lease of property upon which they are located; (6) on-premises signs advertising activities conducted on the property upon which they are located, including any signs advertising a business located on property under single ownership on which are located two or more businesses, regardless of leasing arrangements; (7) signs located in areas which are zoned industrial or commercial under authority of state law; (8) signs located in unzoned commercial or industrial areas. (9) signs of thirty-two square feet or less advertising agricultural products of a seasonal nature, signs of a political nature, signs erected by or on the behalf of eleemosynary, civic, nonprofit, church, or charitable organizations, or signs advertising special community events which are erected temporarily for ninety days or less. (B) Signs are not permitted in any of the above categories which imitate or resemble an official traffic sign, signal, or device, are erected or maintained upon trees, are printed or drawn upon rocks or other natural features, or are in disrepair. (C) The size of a sign permitted under items (7) and (8) of subsection (A) must not be more than six hundred seventy-two square feet in area, sixty feet in length, or forty-eight feet in height. All dimensions include border and trim but exclude decorative bases and supports. Cutouts and extensions are in addition to this amount but may not increase the height of a sign to more than forty-eight feet and may not increase the size of a sign facing by more than one hundred fifty square feet. No more than two sign panels facing in the same direction may be erected on the same sign structure if the total area of both sign panels does not exceed the maximum. The maximum size limitation applies to each sign facing. (D) No sign permitted under this section may obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device nor obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic. No sign except on premises and FOR SALE or LEASE signs may be located within three hundred feet of any of the following which are adjacent to the highway in areas outside of incorporated municipalities or within one hundred feet on sections inside municipalities: (1) public parks of ten acres or more; (2) public forests; (3) public playgrounds of one-half acre or more; (4) scenic areas designated by the commission or other state agency having and exercising that authority. (E) No sign structure permitted under items (7) and (8) of subsection (A) on the interstate system or on a federal-aid primary route, constructed to controlled access standards, may be erected within five hundred feet of another sign structure on the same side of the highway. No sign may be located on the interstate system or controlled access federal-aid primary route adjacent to or within five hundred feet of an interchange or a rest area measured along the interstate or controlled access primary highways from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way. The distance from an interchange or a rest area set forth in this subsection does not apply to sites adjacent to highways that are within the boundaries of an incorporated municipality. No sign structure permitted under items (7) and (8) of subsection (A) on a noncontrolled access federal-aid primary route outside of an incorporated municipality may be erected within three hundred feet of another sign structure on the same side of the highway. No sign structure located adjacent to a noncontrolled access federal-aid primary route may be erected within a distance of one hundred feet of another sign structure inside an incorporated municipality on the same side of the highway. This subsection does not apply to advertising displays which are separated by a building or other obstruction so that only one display located within the minimum spacing distance is visible from any point on the highway at any one time. (F) No sign permitted under items (7) and (8) of subsection (A) may contain, include, or be illuminated by a flashing, intermittent, or moving light, except those giving public service information such as time, date, temperature, weather, or other similar information. No sign permitted under this section may be erected or maintained which is not shielded effectively so as to prevent beams or rays of light from being directed at a portion of the main-traveled way of an interstate or federal-aid primary route and which is of an intensity or brilliance so as to cause glare or to impair the vision of the driver of a motor vehicle or which otherwise may interfere with a driver's operation of a motor vehicle. No sign may be illuminated so that it interferes with the effectiveness of or obscures an official traffic sign, device, or signal. (G) The standards contained in this section pertaining to size, shape, description, lighting, and spacing of outdoor advertising signs permitted in zoned and unzoned commercial and industrial areas do not apply to signs lawfully in place on this article's effective date. Signs lawfully in place on November 3, 1971, or erected within six months after that date under a lease dated and recorded before that date are exempted from the standards requirement. (H) Whenever a bona fide county or local zoning authority has made a determination of customary use, which includes a regulation of size, lighting, and spacing of outdoor advertising signs, in zoned industrial or commercial areas, the determination prevails over the size, lighting, and spacing otherwise provided for the signs in subsections (C) and (E) if all of the following exist: (1) The standards imposed on size, lighting, and spacing are at least as restrictive as the standards set forth in subsections (C), (D), (E), and (F). (2) The zoning plan provides for effective enforcement by the zoning authority of the imposed restrictions. (3) The zoning plan and amendments are submitted to and approved by the Department of Transportation before they prevail over the standards set forth in this section. Zoning which controls contiguous tracts which comprise less than twenty percent of the land within a political subdivision or land which is zoned primarily to permit outdoor advertising signs is not considered zoning for the purposes of this section. (I)(1) No person may cut, trim, or otherwise cause to be removed vegetation from within the limits of highway rights-of-way unless permitted to do so by the department. Permits to remove vegetation may be granted only for sign locations which have been permitted at least two years and then only at the sole discretion of the department. (2) If vegetation is removed from within a highway right-of-way without a permit by the sign owner or his agent and the removal has the effect of enhancing the visibility of the outdoor advertising sign, the sign is illegal and must be removed at the responsible party's expense. Upon a violation of this subsection the responsible party is not eligible for a sign permit: (a) for one year: first violation; (b) for five years: second violation; (c) permanently: third and subsequent violations. (3) The department must be reimbursed for cleaning or replanting at the site of the illegal cutting by the responsible party. Until the expenses are reimbursed, the responsible party must not be issued a sign permit. (J) Signs permitted under items (1), (2), (3), and (4) of subsection (A) must comply with the regulations promulgated by the commission in accordance with uniform national standards.
Section 57-25-150. (A) The commission shall issue permits for the erection and maintenance of outdoor advertising signs coming within the exceptions contained in items (1), (2), and (3) of subsection (A) of Section 57-25-140, consistent with the safety and welfare of the traveling public necessary to carry out the policy of the State declared in this article and consistent with the national standards promulgated by the Secretary of Transportation or other appropriate federal official pursuant to Title 23, United States Code. The commission also shall promulgate regulations governing the issuance of the permits and standards for size, spacing, and lighting of the signs and their messages. (B) The Department of Transportation shall issue permits for all signs on location on November 3, 1971, except those signs erected pursuant to items (1), (2), (3), (5), and (6) of subsection (A) of Section 57-25-140. It also shall issue permits for the erection and maintenance of additional outdoor advertising signs coming within the exceptions contained within items (4), (7), and (8) of subsection (A) of Section 57-25-140. Sign owners must be assessed the following fees: (1) the appropriate annual fee plus an initial nonrefundable permit application fee of one hundred dollars, except that the nonrefundable permit application fee shall be waived for South Carolina farmers advertising agricultural products produced on land that they farm which are for sale to the public and if the signs do not exceed thirty-two square feet; (2) an annual fee of twenty dollars if the advertising area does not exceed three hundred fifty square feet; and (3) an annual fee of thirty dollars if the advertising area exceeds three hundred fifty square feet. The permit fees must be allocated first for administrative costs incurred by the department in maintaining the outdoor advertising program. The permit number must be displayed prominently on the sign. (C) Permits are for the calendar year, must be assigned a permanent number, and must be renewed annually upon payment of the fee for the new year without the filing of a new application. Fees must not be prorated for a portion of the year. Only one permit is required for a double-faced, back-to-back, or V-type sign. Advertising copy may be changed without the payment of an additional fee. No permit is required before January 1, 1973. Failure to pay a renewal fee within ninety days of the date of the first bill for the fee cancels the permit and makes the sign illegal. (D) The commission shall promulgate regulations governing the issuance of permits which must include mandatory maintenance to ensure that all signs are always in a good state of repair. Signs not in a good state of repair are illegal. (E) The cost of permits or their renewals required under the provisions of this article are in addition to ad valorem taxes. (F) No permit application may be approved without written permission of the owner or other person in lawful possession of the site designated as the location of the sign in the application. (G) Permits for the following signs are void: (1) conforming sign which is removed voluntarily for more than thirty days; (2) conforming sign which is removed, dismantled, or destroyed by an act of God or vandalism for more than sixty days; (3) nonconforming sign which is removed voluntarily or removed, dismantled, or destroyed by an act of God or vandalism.
Section 57-25-155. Notwithstanding any other provision of law, the Department of Transportation must issue permits for existing signs and outdoor advertising signs on highways in the interstate system or federal-aid primary system in this State that are nonconforming only because a permit was not obtained prior to erection of the sign. The department may not require removal of conforming signs and outdoor advertising signs as a prerequisite to issuing a permit for such signs that would otherwise qualify for a permit.
Section 57-25-160. A person who erects or maintains an advertising device in violation of Section 57-25-140 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days for each violation. In addition, a person who violates the provisions of this chapter must be assessed by the department a civil penalty of one hundred dollars a day until the violation ends. A civil penalty must be paid to the department and allocated to the administrative costs of the outdoor advertising program. All monies in excess of the administrative costs must be used in the acquisition of nonconforming signs and may be carried over from year to year. No permit may be issued to a person who is in violation of the provisions of this chapter or who has not paid an assessed civil penalty.
Section 57-25-170. The commission may provide within the right-of-way for areas at appropriate distances from interchanges on the interstate system and controlled access roads on the federal-aid primary system on which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained under standards and regulations authorized to be adopted and promulgated by the commission. The standards and regulations may provide for cooperative agreements between the Department of Transportation and private interests for the use and display of names for FOOD, LODGING, and GAS information signs on the highway right-of-way.
Section 57-25-180. (A) An outdoor advertising sign which violates the provisions of this article is illegal and the Department of Transportation shall give thirty days' notice by certified or registered mail to the owner of the advertising sign and to the owner of the property on which the sign is located for its removal. However, a sign lawfully in existence along the interstate system or the federal-aid primary system on November 3, 1971, or which was lawfully erected after that date, which is not in conformity with the provisions contained in this article, is not required to be removed until just compensation has been paid for it. Except as provided in Section 57-25-160, no sign otherwise required to be removed under this article for which just compensation is authorized to be paid by the department is required to be removed if the federal share of at least seventy-five percent of the just compensation to be paid upon its removal is not available for the payment. Nothing in this section prevents the removal of nonconforming signs for which no federal share is payable in those instances where no compensation has to be paid. (B) Employees or agents of the department may go upon the property upon which an illegal sign is located after expiration of the thirty-day period for the purpose of its removal. The period of the notice must be computed from the date of mailing. No notice, however, is required to be given to the owner of an advertising sign for which a permit has not been obtained. The moving of an illegal sign from one location to another without a permit having been obtained for the illegal sign does not require the department to provide additional notice to the sign owner before removing the sign, even if the sign is moved from the property of one owner to the property of another. (C) When the department removes an illegal sign, it must be reimbursed the removal expenses by the sign owner. The sign must be maintained in the possession of the department for no more than thirty days during which the sign may be claimed by the owner upon payment of the expenses. If the sign is not claimed during the thirty days, it is declared abandoned, becomes the property of the department, and may be disposed of through sale or in any other manner which the department considers appropriate. Even if the owner does not recover the sign, he remains liable to the department for the expenses incurred in removing and storing the sign. Until the expenses are reimbursed, the sign owner must not be issued a permit for an outdoor advertising sign from the department. (D) Review of the department's determination that a sign is illegal is through an administrative hearing pursuant to the Administrative Procedures Act. Written request for the review must be received by the department within the thirty-day period.
Section 57-25-185. The Department of Transportation shall promulgate regulations consistent with Section 131(o), Title 23, United States Code, or such other provisions of Title 23 as may be appropriate, to allow signs, displays, and devices on federally-aided primary routes outside of nonurban areas which (1) provide directional information about goods and services in the interest of the traveling public and (2) are such that removal would work an economic hardship in such areas. Pursuant to Section 131(o), Title 23, United States Code, the department shall submit these regulations to the United States Secretary of Transportation for approval.
Section 57-25-190. (A) The Department of Transportation may acquire by purchase, gift, or condemnation and shall pay just compensation upon the removal of the following outdoor advertising signs: (1) those lawfully in existence on November 3, 1971; (2) those lawfully erected after November 2, 1971. (B) Compensation may be paid only for the taking from the owner of: (1) a sign of all right, title, leasehold, and interest in it; (2) the real property on which the sign is located of the right to erect and maintain a sign on it. (C) No sign may be removed until the owner of the property on which it is located has been compensated fully for a loss which may be suffered by him as a result of the removal of the sign through the termination of a lease or other financial arrangement with the owner of the sign. The compensation must include damage to the landowner's property occasioned by the removal of the sign. The Department of Transportation is limited to an expenditure of five million dollars for the state's part of just compensation. (D) Tourist oriented directional signs must be the last to be removed under the terms of this article.
Section 57-25-195. In order to comply with Section 131, Title 23, United States Code and regulations promulgated under that section and to prevent interruption of the state's federally-aided highway funding, the Department of Transportation shall confer with the Federal Highway Administration as to how best to structure a nonconforming sign removal program. The department shall submit to the Federal Highway Administration in a timely fashion its process, program, and timetable for removal of nonconforming signs under Section 131, Title 23, United States Code and regulations promulgated under that section. In developing and implementing this removal program the department shall consult with interested parties and affected entities including, but not limited to, other state and local agencies, sign owners, environmental groups, and the business community.
Section 57-25-200. (A) Within the requirements of this article the commission may enter into agreements with other governmental authorities relating to the control of outdoor advertising in areas adjacent to the interstate and primary highway systems, including the establishment of information centers and safety rest areas and take action in the name of the State to comply with the terms of the agreements. (B) If an agreement is not achieved, the Attorney General of this State promptly shall initiate proceedings under the provisions of Section 131(1) of Title 23 of the United States Code with respect to hearings, stay of penalties, and judicial review in order to resolve the disagreement by judicial determination. He also shall initiate the proceedings if there is a determination to withhold funds from this State for its alleged failure to comply with any provision of Section 131 in order to obtain a judicial determination of whether this article provides effective control of outdoor advertising in conformity with the section and, if not, the extent of modifications necessary to bring it into compliance.
Section 57-25-210. The commission is not required to expend funds for the removal of outdoor advertising under this article until federal funds are made available to the State for the purpose of carrying out the provisions of this article and the commission has entered into an agreement with the Secretary of Transportation as authorized by Section 57-25-200 and as provided by the Highway Beautification Act of 1965.
Section 57-25-220. Nothing in this article abrogates or affects the provisions of a lawful ordinance, regulation, or resolution which is more restrictive than the provisions of this article."
Name change
SECTION 1531. Section 57-25-430(d)(4) of the 1976 Code is amended to read:
"(4) Scenic areas designated by the Department of Transportation or other state agency having and exercising such authority."
Name change
SECTION 1532. Section 57-25-440 of the 1976 Code is amended to read:
"Section 57-25-440. The Department of Transportation is hereby authorized to issue permits for the erection and maintenance of outdoor advertising signs coming within the exceptions contained in subsections (a)(1), (a)(2), (a)(3) and (a)(4) of Section 57-25-430, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy declared in this article."
Name change
SECTION 1533. Section 57-25-460(1) of the 1976 Code is amended to read:
"(1) Any advertising device which violates the provisions of this article is hereby declared to be a public nuisance and the department shall give sixty days notice, by certified or registered mail, to the owner of the advertising device and to the owner of the property on which such device is located to remove the device. Provided, however, that any sign, display or device lawfully in existence along the highway on September 1, 1965 which is not in conformity with the provisions contained herein shall not be required to be removed until July 1, 1971, except that the Department of Transportation may jointly agree with the owner of any sign or the property owner for the earlier removal of such sign. Any other sign, display or device lawfully erected subsequent to September 1, 1965 and prior to May 6, 1969, which does not conform with the requirements of this article may not be required to be removed until the end of the fifth year after the erection thereof, or after it becomes nonconforming, except that the Department of Transportation may jointly agree with the owner of any sign, or the property owner, for the earlier removal of such sign."
Name change
SECTION 1534. Section 57-25-480 of the 1976 Code is amended to read:
"Section 57-25-480. The Department of Transportation may provide within the right-of-way for areas at appropriate distances on which signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained under standards and regulations hereby authorized to be adopted by the department. Such standards and regulations may provide for cooperative agreements between the Department of Transportation and private interests for the use and display of brand names for FOOD, LODGING and GAS information signs on the highway right-of-way."
Name change
SECTION 1535. Section 57-25-490 of the 1976 Code is amended to read:
"Section 57-25-490. In order to carry out the provisions of this article and to make the highway a scenic highway, the State Forestry Commission, the Department of Parks, Recreation and Tourism, and all other state agencies or governmental entities shall cooperate with the Department of Transportation."
Name change
SECTION 1536. Section 57-25-640(d)(4) of the 1976 Code is amended to read:
"(4) Scenic areas designated by the Department of Transportation or other state agency having and exercising such authority."
Name change
SECTION 1537. Section 57-25-650 of the 1976 Code is amended to read:
"Section 57-25-650. The Department of Transportation is hereby authorized to issue permits for the erection and maintenance of outdoor advertising signs coming within the exception contained in subsections (a) (1), (a) (2), (a) (3) and (a) (4) of Section 57-25-640, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy declared in this article."
Name change
SECTION 1538. Section 57-25-670(1) of the 1976 Code is amended to read:
"(1) Any advertising device which violates the provisions of this article is hereby declared to be a public nuisance and the department shall give sixty days' notice, by certified or registered mail, to the owner of the advertising device and to the owner of the property on which such device is located to remove the device. Provided, however, that any sign, display, or device lawfully in existence along the highway on September 1, 1965, which is not in conformity with the provisions contained herein, shall not be required to be removed until July 1, 1971, except that the Department of Transportation may jointly agree with the owner of any sign or the property owner for the earlier removal of such sign. Any other sign, display, or device lawfully erected subsequent to September 1, 1965, and prior to June 11, 1969, which does not conform with the requirements of this article may not be required to be removed until the end of the fifth year after the erection thereof, or after it becomes nonconforming, except that the Department of Transportation may jointly agree with the owner of any sign, or the property owner, for the earlier removal of such sign."
Name change
SECTION 1539. Section 57-25-690 of the 1976 Code is amended to read:
"Section 57-25-690. The Department of Transportation may provide within the right-of-way for areas at appropriate distances on which signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained under standards and regulations hereby authorized to be adopted by the Department of Transportation. Such standards and regulations may provide for cooperative agreements between the Department of Transportation and private interests for the use and display of brand names for FOOD, LODGING and GAS information signs on the highway right-of-way."
Name change
SECTION 1540. Section 57-25-700 of the 1976 Code is amended to read:
"Section 57-25-700. In order to carry out the provisions of this article and to make the highway a scenic highway, the Department of Transportation shall provide for appropriate markers designating the highway as the John C. Calhoun Memorial Highway, and the State Forestry Commission, the Department of Parks, Recreation and Tourism and all other state agencies or governmental entities shall cooperate with the Department of Transportation."
Name change
SECTION 1541. Items (e), (f), and (g) of Section 57-27-20 of the 1976 Code are amended to read:
"(e) `Interstate system' means that portion of the National System of Interstate and Defense Highways located within this State, as officially designated, or as may hereafter be so designated, by the Department of Transportation, and approved by the Secretary of Commerce or other appropriate federal official, pursuant to the provisions of Title 23 of the United States Code. (f) `Federal aid primary system' means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Department of Transportation, and approved by the Secretary of Commerce or other appropriate federal official, pursuant to the provisions of Title 23 of the United States Code. (g) `Department' means the Department of Transportation."
Name change
SECTION 1542. Section 57-27-90 of the 1976 Code is amended to read:
"Section 57-27-90. The Department of Transportation is hereby authorized to enter into agreements with the United States Secretary of Commerce as provided by Title 23 of the United States Code, relating to the control of junkyards in areas adjacent to the interstate and federal aid primary systems, and to take action in the name of the State to comply with the terms of such agreement."
Department of Highway and Public Transportation Commission abolished
SECTION 1543. The South Carolina Department of Highways and Public Transportation Commission that is in existence on the effective date of this act is abolished upon the election of Transportation Commissioners for the Department of Transportation as provided for in Article 3, Chapter 1 of this Title.
Authority of Commission's department personnel to promote or transfer prohibited
SECTION 1544. On the date which the free conference report on H. 3546 is adopted by the Senate and the House of Representatives, the Commission of the South Carolina Department of Highways and Public Transportation and any person, committee, or other group of persons within the department who have or would otherwise have the authority to promote or transfer personnel are expressly prohibited from transferring or promoting any person who is part of an office or division which is being relocated or transferred to another department or agency.
Authority to transfer personnel in divisions or offices restructured prohibited
SECTION 1545. On the date which the free conference report on H. 3546 is adopted by the Senate and the House of Representatives, the commission and any person or group of persons within the department who would otherwise have the authority to transfer personnel are prohibited from transferring any person into or out of a division or office which is part of an office or division or other group which is being relocated or transferred to another department or agency.
Name change
SECTION 1546. Section 57-5-1335 of the 1976 Code is amended to read: "Section 57-5-1335. The Department of Transportation, before constructing a bridge or replacing an existing bridge which qualifies as a turnpike facility as defined in Section 57-5-1320, shall conduct the feasibility study required by Section 57-5-1330 and shall forward copies of the study to the Chairman of the Transportation and Finance Committees of the Senate and the Education and Public Works and Ways and Means Committees of the House of Representatives within fifteen days of the completion of the study."
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SECTION 1547. Section 58-1-30 of the 1976 Code is amended to read:
"Section 58-1-30. When any public utility in this State appeals from any order or decision fixing a rate for its service lower than that obtaining at the time of such order or decision, before any such appeal shall operate as a supersedeas such utility shall give bond to the South Carolina Department of Revenue and Taxation to insure compliance on its part with the rates as fixed in the order from which the appeal is taken, in the event that the order appealed from is affirmed. The amount of the bond shall be fixed by the court to which the appeal is taken and shall be sufficient to cover the amount that may become due to customers by way of refund during the time that the operation of the rate-fixing order is stayed pending the final determination of its validity."
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SECTION 1548. The first paragraph of Section 58-1-40 of the 1976 Code is amended to read:
"All railroad companies, express companies, street railway companies, navigation companies, waterworks companies, power companies, light companies, telephone companies, telegraph companies and parlor, dining and sleeping car companies exercising the right and privilege of doing business or operating under the authority of any grant of authority or permission of this State, whether by direct enactment of the General Assembly or otherwise, and also foreign nonresident corporations engaged in like business and exercising similar rights and privileges, shall, in addition to the information required by Section 12-19-20, also state in such report to the Department of Revenue and Taxation:"
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