South Carolina General Assembly
119th Session, 2011-2012

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A136, R154, H3254

STATUS INFORMATION

General Bill
Sponsors: Rep. Daning
Document Path: l:\council\bills\nbd\11098cm11.docx

Introduced in the House on January 11, 2011
Introduced in the Senate on January 19, 2011
Last Amended on March 14, 2012
Adopted by the General Assembly on March 21, 2012
Governor's Action: April 2, 2012, Signed

Summary: Department of Transportation/Summerville

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/14/2010  House   Prefiled
  12/14/2010  House   Referred to Committee on Education and Public Works
   1/11/2011  House   Introduced and read first time (House Journal-page 101)
   1/11/2011  House   Referred to Committee on Education and Public Works 
                        (House Journal-page 101)
   1/13/2011  House   Recalled from Committee on Education and Public Works 
                        (House Journal-page 229)
   1/18/2011  House   Read second time (House Journal-page 16)
   1/19/2011  House   Read third time and sent to Senate 
                        (House Journal-page 29)
   1/19/2011  Senate  Introduced and read first time (Senate Journal-page 9)
   1/19/2011  Senate  Referred to Committee on Transportation 
                        (Senate Journal-page 9)
   2/15/2012  Senate  Committee report: Favorable Transportation 
                        (Senate Journal-page 9)
   2/21/2012  Senate  Read second time (Senate Journal-page 19)
   2/21/2012  Senate  Roll call Ayes-34  Nays-0 (Senate Journal-page 19)
   2/23/2012  Senate  Reconsider vote whereby read second time 
                        (Senate Journal-page 13)
    3/6/2012  Senate  Amended (Senate Journal-page 32)
    3/6/2012  Senate  Read second time (Senate Journal-page 32)
    3/6/2012  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 32)
    3/7/2012          Scrivener's error corrected
   3/14/2012  Senate  Amended (Senate Journal-page 21)
   3/14/2012  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 21)
   3/14/2012  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 21)
   3/21/2012  House   Concurred in amendment (House Journal-page 45)
   3/21/2012  House   Roll call Yeas-102  Nays-0 (House Journal-page 45)
   3/29/2012          Ratified R 154
    4/2/2012          Signed By Governor
    4/5/2012          Effective date 04/02/12
   4/11/2012          Act No. 136

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/14/2010
1/13/2011
2/15/2012
3/6/2012
3/7/2012
3/14/2012


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A136, R154, H3254)

AN ACT TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT BY THE DEPARTMENT OF TRANSPORTATION ALONG THE INTERSTATE HIGHWAY SYSTEM, SO AS TO INCREASE THE PORTION OF VEGETATION THE DEPARTMENT MAY MANAGE ALONG THE INTERSTATE HIGHWAY SYSTEM, AND TO ALLOW LOCAL GOVERNMENTAL ENTITIES TO CONDUCT VEGETATION MANAGEMENT ACTIVITIES BEYOND THE PORTIONS OF ROADWAYS MANAGED BY THE DEPARTMENT; AND TO REPEAL SECTIONS 57-23-810, 57-23-815, 57-23-820, 57-23-825, 57-23-830, 57-23-835, 57-23-840, AND 57-23-850 ALL RELATING TO ROADSIDE VEGETATION MANAGEMENT PROCEDURES IN VARIOUS COUNTIES.

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

Roadside vegetation management

SECTION    1.    Section 57-23-800 of the 1976 Code is amended to read:

"Section 57-23-800.    (A)    The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:

(1)    a median of not more than eighty feet in width shall have its mowable area mowed in its entirety. A median wider than eighty feet only shall be mowed within forty feet from the edges of the pavement.

(2)    a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.

(3)    an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.

(B)    The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department, when the department determines that increasing the widths is in the public interest, or upon request of the governing body of a county or municipality.

(C)    The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D)    If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed.

(E)    Upon the written approval of the Department of Transportation, a county or municipality, at its own expense, may itself conduct vegetation management activities beyond vegetation management widths provided in subsection (A) if the department declines to conduct vegetation management in those areas."

Repeal

SECTION    2.    Sections 57-23-810, 57-23-815, 57-23-820, 57-23-825, 57-23-830, 57-23-835, 57-23-840, and 57-23-850 of the 1976 Code are repealed.

Savings clause

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 29th day of March, 2012.

Approved the 2nd day of April, 2012.

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