2025-2026 Bill 5362 Text of Previous Version (Mar. 11, 2026)

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 57-1-10, RELATING TO DEFINITIONS, SO AS TO DELETE THE TERM "COMMISSION" AND ITS DEFINITION; BY AMENDING SECTION 57-1-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION PROHIBITED ACTS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; BY AMENDING SECTION 57-1-90, RELATING TO TRANSPORTATION POLICY, SO AS TO DELETE A REFERENCE TO THE SOUTH CAROLINA TRANSPORTATION COMMISSION; BY AMENDING ARTICLE 3 of CHAPTER 1, TITLE 57, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO DISSOLVE THE COMMISSION AND TRANSFER ITS RESPONSIBILITIES TO THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-1-410, RELATING TO the APPOINTMENT OF the SECRETARY OF TRANSPORTATION, SO AS TO PROVIDE THE SECRETARY SHALL BE APPOINTED BY THE GOVERNOR; BY AMENDING SECTION 57-1-430, RELATING TO THE SECRETARY OF TRANSPORTATION'S DUTY TO CARRY OUT THE POLICIES OF THE DEPARTMENT OF TRANSPORTATION COMMISSION, SO AS TO DELETE REFERENCES TO THE COMMISSION, TO PROVIDE THE SECRETARY SHALL CARRY OUT THE POLICIES OF THE DEPARTMENT, AND TO PROVIDE THE SECRETARY ADDITIONAL RESPONSIBILITIES; BY AMENDING SECTION 57-1-490, RELATING TO DEPARTMENT OF TRANSPORTATION ANNUAL AUDITS, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND REPLACE IT WITH THE TERM SECRETARY; BY AMENDING SECTION 57-1-500, RELATING TO DEPARTMENT OF TRANSPORTATION ETHICS WORKSHOPS, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; BY AMENDING SECTION 57-3-20, RELATING TO RESPONSIBILITIES AND DUTIES OF DEPARTMENT OF TRANSPORTATION DIVISION DEPUTY DIRECTORS, SO AS TO PROVIDE THE DIVISION DEPUTY DIRECTOR FOR INTERMODAL AND FREIGHT PROGRAMS ADDITIONAL RESPONSIBILITIES; BY AMENDING SECTION 57-3-50, RELATING TO THE ESTABLISHMENT OF HIGHWAY DISTRICTS, SO AS to DELETE REFERENCES TO HIGHWAY DISTRICTS AND ESTABLISH REGIONAL TRANSPORTATION DISTRICTS; BY AMENDING SECTION 57-3-110, RELATING TO POWERS AND DUTIES OF the DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE IT ADDITIONAL RESPONSIBILITIES; BY AMENDING SECTION 57-3-210, RELATING TO THE DEPARTMENT OF TRANSPORTATION CONTRACTING WITH PRIVATE OPERATORS OF PUBLIC TRANSIT SYSTEMS, COORDINATION OF FUNDING AND RESOURCES, AND ANNUAL PROGRESS REPORT OF THE DEPARTMENT, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; BY AMENDING SECTION 57-3-700, RELATING TO the DEPARTMENT OF TRANSPORTATION AS AGENT FOR COUNTIES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND INSERT A REFERENCE TO THE SECRETARY OF TRANSPORTATION; BY AMENDING SECTION 57-5-10, RELATING TO COMPOSITION OF the STATE HIGHWAY SYSTEM IN GENERAL, SO AS TO DELETE A REFERENCE TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-5-30, RELATING TO the STATE HIGHWAY PRIMARY SYSTEM, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND INSERT A REFEreNCE TO THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-5-50, RELATING TO TRANSFERS BETWEEN SECONDARY AND PRIMARY SYSTEMS, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND INSERT A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-5-90, RELATING TO BELT LINES AND SPURS, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND INSERT A REFEreNCE TO THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-5-310, RELATING TO OWNERSHIP OF REAL ESTATE, SO AS TO DELETE A REFEreNCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; BY AMENDING SECTION 57-5-340, RELATING TO THE SALE OR OTHER DISPOSITION OF REAL ESTATE, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; BY AMENDING SECTION 57-5-710, RELATING TO THE CONSTRUCTION OF THE STATE HIGHWAY SYSTEM, SO AS TO DELETE A REFERENCE TO HIGHWAY DISTRICTS AND INSERT THE TERM REGIONAL TRANSPORTATION DISTRICTS, TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND INSERT A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-5-720, RELATING TO STANDARDS OF CONSTRUCTION, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; BY AMENDING SECTION 57-5-1350, RELATING TO REQUESTS FOR ISSUANCE OF TURNPIKE BONDS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF TRANSPORTATION COMMISSION, INSERT A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION AND PROVIDE THE DEPARTMENT ADDITIONAL RESPONSIBILITIES; BY AMENDING SECTION 57-5-1450, RELATING TO RESOLUTIONS TO ISSUE CERTAIN BONDS, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND INSERT A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-5-1620, RELATING TO ADVERTISEMENT AND the AWARD OF CERTAIN CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THE ADVERTISEMENTS SHALL APPEAR ON THE DEPARTMENT OF TRANSPORTATION WEBSITE, DELETE A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION COMMISSION, AND INSERT A REFERENCE TO THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-5-1630, RELATING TO the EXTENSION OF DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTS TO INCLUDE ADDITIONAL WORK, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND INSErT REFERENCES TO THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-11-20, RELATING TO THE STATE HIGHWAY FUND, AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-11-210, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS, SO AS TO DELETE THE TERM COMMISSION AND ITS DEFINITION; BY AMENDING SECTION 57-11-220, RELATING TO REQUESTS BY THE COMMISSION FOR ISSUANCE OF STATE HIGHWAY BONDS, SO AS TO DELETE REFERENCES TO THE COMMISSION AND INSERT REFERENCES TO THE TERM DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 57-11-250, RELATING TO PLEDGE FOR PAYMENT OF CERTAIN BONDS, SO AS TO DELETE THE TERM COMMISSION AND REPLACE IT WITH THE TERM DEPARTMENT; BY AMENDING SECTION 57-11-280, RELATING TO CERTAIN BOND RESOLUTIONS, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-13-10, RELATING TO THE DEPARTMENT OF COMMISSION COOPERATING WITH ADJOINING STATES WITH RESPECT TO CONSTRUCTION AND MAINTENANCE OF INTERSTATE BRIDGES, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-13-20, RELATING TO COUNTIES PROVIDING FUNDS FOR CERTAIN BRIDGES, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-13-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION COMMISSION GRANTING PERMITS FOR TOLL BRIDGES, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-13-50, RELATING TO PUBLIC NOTICE BEFORE ISSUANCE OF PERMITS FOR TOLL BRIDGES, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-13-90, RELATING TO THE WIDTH OF BRIDGES ON STATE HIGHWAYS, so as to delete the term commission and insert the term department; BY AMENDING SECTION 57-13-110, RELATING TO THE WANTON OR WILFUL INJURY TO OR DESTRUCTION OF BRIDGES, SO AS TO DELETE THE TERM COMMISSIONERS AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-23-20, RELATING TO UNLAWFULLY INJURING PLANTS, SHRUBS, OR TREES ALONG BEAUTIFIED SECTIONS OF HIGHWAY, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-25-120, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-25-140, RELATING TO SIGNS PERMITTED ALONG INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAYS, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-25-150, RELATING TO PERMITS ISSUED FOR THE ERECTION AND MAINTENANCE OF CERTAIN SIGNS, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-25-170, RELATING TO INFORMATION SIGNS ON HIGHWAY RIGHTs OF WAY, SO AS TO DELETE THE TERM COMMISSION AND INSERT THE TERM DEPARTMENT; BY AMENDING SECTION 57-25-200, RELATING TO AGREEMENTS WITH OTHER AUTHORITIES, so AS TO CONTROL ADVERTISING IN AREAS ADJACENT TO THE INTERSTATE AND PRIMARY HIGHWAY SYSTEMS; BY AMENDING SECTION 57-25-210, RELATING TO EXPENDITURES FOR REMOVAL OF OUTDOOR ADVERTISING, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF TRANSPORTATION COMMISSION AND THE SECRETARY OF TRANSPORTATION AND INSERT THE TERM DEPARTMENT; and BY ADDING SECTIONS 57-5-55, 57-5-65, AND 57-3-185 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION ADDITIONAL RESPONSIBILITIES.

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

SECTION 1. Section 57-1-10 of the S.C. Code is amended to read:

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 authority of the Department of Transportation.

(2)(1) "Department" means the Department of Transportation (DOT).

(3)(2) "Secretary of Transportation" means the Chief Administrative Officer of the Department of Transportation.

SECTION 2. Section 57-1-40 of the S.C. Code is amended to read:

Section 57-1-40. (A) It is unlawful for a member of the commission or an engineer, agent, or other employee, acting for or on behalf of the department or commission, to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:

(1) money;

(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3) political appointment or influence, present, or reward;

(4) employment; or

(5) other thing of value.

A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.

(B) It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission or an engineer, agent, or other employee acting for or on behalf of the commission or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:

(1) money;

(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3) political appointment or influence, present, or reward;

(4) employment; or

(5) other thing of value.

A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.

(C) The members and employees of the commission and employees of the department are subject to the provisions of Chapter 13, Title 8, the State Ethics Act, and the provisions of Chapter 78, Title 15, the South Carolina Tort Claims Act.

SECTION 3. Section 57-1-90(A) of the S.C. Code is amended to read:

(A) In formulating transportation policy, promulgating regulations, allocating funds, and planning, designing, constructing, equipping, operating and maintaining transportation facilities, no action of the South Carolina Transportation Commission, or the South Carolina Department of Transportation shall have the effect of discriminating against motorcycles, motorcycle operators, or motorcycle passengers. No regulation or action of the commission, or department shall have the effect of enacting a prohibition or imposing a requirement that applies only to motorcycles or motorcyclists, and the principal purpose of which is to restrict or inhibit access or motorcycles and motorcyclists to any highway, bridge, tunnel, or other transportation facility.

SECTION 4. Article 3, Chapter 1, Title 57 of the S.C. Code is amended to read:

Article 3

Commission of the Secretary of the Department of Transportation Duties

Section 57-1-310. (A) 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:

(1) one member from each transportation district, all appointed by the Governor, subject to the provisions of Section 57-1-325; and

(2) two members from the State at large, both appointed by the Governor, upon the advice and consent of the General Assembly. Each house must hold a separate confirmation vote.

In making appointments to the commission, the Governor shall take into account race, gender, and other demographic factors, such as residence in rural or urban areas, 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 in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The members of the commission shall represent the transportation needs of the State as a whole and may not subordinate the needs of the State to those of any particular area of the State.

(B) The at-large appointments made by the Governor must be transmitted to the Senate and the House of Representatives for confirmation.

(1) a baccalaureate or more advanced degree from:

(a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;

(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or

(2) a background of at least five years in any combination of the following fields of expertise:

(a) transportation;

(b) construction;

(d) law;

(e) environmental issues;

(f) management; or

(g) engineering.

(D) A member of the General Assembly or member of his immediate family may not be appointed to the commission while the member is serving in the General Assembly; nor shall a member of the General Assembly or a member of his immediate family be appointed to the commission for a period of four years after the member either:

(1) ceases to be a member of the General Assembly; or

(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.

Section 57-1-320. A county within a Department of Transportation district may not have a resident commission member for more than eight consecutive years and in no event shall any two persons from the same county serve as a commission member simultaneously.

Section 57-1-325. (A) The Governor shall submit his transportation district appointees to the Senate and the House of Representatives for referral.

(B) Upon receipt of a referral, the legislative delegation shall meet to approve or disapprove the Governor's appointee. The question of whether to approve an appointee may be taken up in a full delegation meeting or it may be taken up separately by the Senators in the legislative delegation and the members of the House of Representatives in the legislative delegation. To approve an appointee, the appointee must receive a majority of the weighted vote of only the senators in the legislative delegation and a majority of the weighted vote of only the members of the House of Representatives in the delegation. The legislative delegation shall report its findings to the Clerk of the House of Representatives, the Clerk of the Senate, and the Governor whether the appointee was approved by the weighted vote of the members of the legislative delegation from both the House of Representatives and the Senate. If the delegation disapproves the appointee, the Governor shall make another appointment. If the legislative delegation fails to approve of the Governor's appointee within forty-five days of the appointee's referral to the delegation, the appointee is deemed to have been disapproved. An appointee must receive a majority of the weighted vote of the members of the legislative delegation from both the House of Representatives and the Senate prior to entering a term of office.

(C) For the purposes of this article, "legislative delegation" means legislators representing any portion of the congressional district corresponding to the transportation district the appointee was appointed to represent.

Section 57-1-330. (A) All commission members are appointed to a term of office of four years which expires on February fifteenth of the appropriate year. However, a commission member may not serve more than two consecutive terms, and may not serve more than twelve years, regardless of when the term was served. Commissioners shall continue to serve until their successors are appointed and confirmed, provided that a commissioner only may serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner shall be filled by appointment in the manner provided in this article for the unexpired term only. Except for the at-large member, a person is not eligible to serve as a commission member who is not a resident of that district at the time of his appointment. Failure by such commission member to maintain residency in the district for which he is appointed shall result in the forfeiture of his office.

(B) An at-large commission member may be appointed from any county in the State unless another commission member is serving from that county. Failure by an at-large commission member to maintain residence in the State shall result in a forfeiture of his office.

Commission members may be removed from office at the discretion of the Governor.

Section 57-1-340. Each commission member, within thirty days after his appointment and confirmation, or approval by the appropriate legislative delegation, as the case may be, 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 elect a chairman and 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 appropriations act.

(D) All commission members are eligible to vote on all matters that come before the commission.

(E) The commission shall hold a minimum of six regular meetings annually, and other meetings may be called by the chair upon giving at least one week's notice to all members and the public. Emergency meetings may be held with twenty-four hours' notice. Meeting materials for the regularly scheduled meetings shall be published at least twenty-four hours in advance of the meeting.

(F) The commission or a member thereof may not enter into the day-to-day operations of the department, except in an oversight role with the Secretary of Transportation, and is specifically prohibited from taking part in:

(1) the awarding of contracts;

(2) the selection of a consultant or contractor or the prequalification of any individual consultant or contractor;

(3) the selection of a route for a specific project;

(4) the specific location of a transportation facility;

(5) the acquisition of rights of way or other properties necessary for a specific project or program; and

(6) the granting, denial, suspension, or revocation of any permit issued by the department.

(G) A member of the commission may not have any interest, direct or indirect, in any contract, franchise, privilege, or other benefit granted or awarded by the department during the member's term of appointment and for one year after the termination of the appointment.

Section 57-1-360. (A) The State Auditor shall employ an individual to serve as the chief internal auditor of the department, and other professional, administrative, technical, and clerical personnel as the State Auditor determines to be necessary. The State Auditor also must provide professional, administrative, technical, and clerical personnel, as the State Auditor determines to be necessary, for the chief internal auditor to properly discharge his duties and responsibilities authorized by the State Auditor or provided by law. Except as otherwise provided, any employees hired pursuant to this section shall serve at the pleasure of the State Auditor.

(B)(1) The chief internal auditor must be a Certified Public Accountant and possess any other experience the State Auditor may require. The chief internal auditor must establish, implement, and maintain the exclusive internal audit function of all departmental activities. The State Auditor shall set the salary for the chief internal auditor as allowed by statute or applicable law.

(2) The audits performed by the chief internal auditor must comply with recognized governmental auditing standards. The department and any entity contracting with the department must fully cooperate with the chief internal auditor in the discharge of his duties and responsibilities and must timely produce all books, papers, correspondence, memoranda, and other records considered necessary in connection with an internal audit. All final audit reports must be submitted to the commission and the Secretary of Transportation, the Chairman of the Senate Transportation Committee, the Chairman of the Senate Finance Committee, the Chairman of the House of Representatives Education and Public Works Committee, and the Chairman of the House of Representatives Ways and Means Committee before being made public. All final audit reports shall be published on the department's and the State Auditor's websites.

(3) The State Auditor is vested with the exclusive management and control of the chief internal auditor.

(C) The department, at its own expense, must provide appropriate office space within its headquarters, building, and facility service, including janitorial, utility and telephone services, computer and technology services, and related supplies, for the chief internal auditor and his support staff.

Section 57-1-370. (A) The commissionsecretary must develop the long-range Statewide Transportation Plan, with a minimum twenty-year forecast period at the time of adoption, that provides for the development and implementation of the multimodal transportation system for the State. The plan must be developed in a manner consistent with all federal laws or regulations and in consultation with all interested parties, particularly the metropolitan planning organizations and the nonmetropolitan planning organization area local officials. The plan may be revised from time to time as permitted by and in the manner required by federal laws or regulations.

(B) Concerning the development, content, and implementation of the Statewide Transportation Improvement Program, the commissionsecretary must:

(1) develop a process for consulting with nonmetropolitan local officials, with responsibility for transportation, that provides an opportunity for their participation in the development of the long-range Statewide Transportation Plan and the Statewide Transportation Improvement Program;

(2) approve the Statewide Transportation Improvement Program and ensure that it is developed pursuant to federal laws and regulations and approve an updated Statewide Transportation Improvement Program from time to time as permitted by and in the manner required by federal laws or regulations;

(3) develop and revise the transportation plan for inclusion in the Statewide Transportation Improvement Program, for each nonmetropolitan planning area in consultation with local officials with responsibility for transportation;

(4) work in consultation with each metropolitan planning organization to develop and revise a transportation improvement program for each metropolitan planning area;

(5) select from the approved Statewide Transportation Improvement Program the transportation projects undertaken in nonmetropolitan areas in consultation with the affected nonmetropolitan local officials with responsibility for transportation;

(6) select projects to be undertaken, in consultation with each metropolitan planning organization, from the metropolitan planning organization's approved transportation improvement plan in metropolitan areas not designated as a transportation management area;

(7) consult with each metropolitan planning organization, in metropolitan areas designated as transportation management areas, concerning the projects selected to be undertaken from the approved transportation improvement program and in accordance with the priorities approved by the transportation improvement program; and

(8) when selecting projects to be undertaken from nontransportation management area metropolitan planning organization's transportation improvement programs, or selecting the nonmetropolitan area projects to be undertaken that are included in the Statewide Transportation Improvement Program, and when consulting with metropolitan planning organizations designated as transportation management areas, the commissionsecretary shall establish a priority list of projects to the extent permitted by federal laws or regulations, taking into consideration at least the following criteria:

(a) financial viability including a life cycle analysis of estimated maintenance and repair costs over the expected life of the project;

(b) public safety;

(d) traffic volume and congestion;

(e) truck traffic;

(f) the pavement quality index;

(g) environmental impact;

(h) alternative transportation solutions; and

(i) consistency with local land use plans.

(C)(1) To the extent that state funds are available to address the needs of the state highway system, the commissionsecretary must develop a comprehensive plan specifying objectives and performance measures for the preservation and improvement of the existing system. The projects included in this plan must be supported solely by state funds including the Non-Federal Aid Highway Fund or other state revenue source. When developing the plan required by this subsection, the commissionsecretary must consider, but is not limited to, considering the criteria in subsection (B)(8).

(2) When state funding is programmed for a project selected from the plan to be undertaken, the department may use federal law, regulations, or guidelines relevant to the type of project being undertaken to be eligible for federal matching funds.

(D) The commissionsecretary must approve the department's annual budget.

(E) The commissionsecretary shall have any other rights, duties, obligations, or responsibilities as specifically provided by law.

(F) Before putting any projects out for bid, the secretary shall ensure that any requests for bids are prepared to encourage bids by small businesses in South Carolina.

Section 57-1-380. The Department shall prepare a Transportation Asset Management Plan which includes objectives and performance measures for the preservation and improvement of the State Highway System. In addition, the Transportation Asset Management Plan shall include objectives, performance measures and innovative approaches to address high-risk rural roads that are functionally classified as a rural Primary or Federal Aid Secondary Roads. High-risk rural roads shall include roads in which the accidents resulting in fatalities and incapacitating injuries exceeds the statewide average, including roadway departures, for those functional classes of roadway. The Transportation Asset Management Plan shall be approved by the commissionsecretary and is to establish fiscally constrained performance goals, including fifty million dollars for high-risk rural roads, for transportation infrastructure assets such as pavements and bridges. The Department shall provide an annual update on achieving the Transportation Asset Management Plan performance goals to the General Assembly as well as publishing the results for the public to view.

SECTION 5. Section 57-1-410 of the S.C. Code is amended to read:

Section 57-1-410. The commissionGovernor shall appoint, with the advice and consent of the Senate, a Secretary of Transportation who shall serve at the pleasure of the commissionGovernor. A person appointed to this position shall possess practical and successful business and executive ability and be knowledgeable in the field of transportation. The Secretary of Transportation 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 appropriations act.

SECTION 6. Section 57-1-430 of the S.C. Code is amended to read:

Section 57-1-430. (A) The secretary is charged with the affirmative duty to carry out the policies of the commissiondepartment, to administer the day-to-day affairs of the department, to direct the implementation of the Statewide Transportation Improvement Program and the Statewide Mass Transit Plan, and to ensure the timely completion of all projects undertaken by the department, and routine operation and maintenance requests, and emergency repairs. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government. The secretary must prepare an annual budget for the department that must be approved by the commission before becoming effective.

(B) For each division, the secretary 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 appropriations act.

(C) The secretary shall prepare and publish on the department's website an annual report outlining the department's annual expenditures. The report must include a statewide summary and a detailed expenditure report for each county, and show all core samples, detailed inspections of various transportation infrastructure, maintenance recommendations completed, core samples taken, as well as all measures taken to ensure competitive bidding for transportation projects and contracts.

(D) The secretary shall prepare and publish on the department's website an annual report that includes a list of all companies doing business with the department and the amount spent on these contracts. This annual report also shall set out all affirmative steps the department is taking to encourage bids from small businesses in South Carolina. Their participation in bidding these projects also must be reported.

SECTION 7. Section 57-1-490(C) of the S.C. Code is amended to read:

(C) Copies of every audit conducted pursuant to this section must be made available to the secretaryDepartment of Transportation Commission, the State Auditor, the Governor, the Chairmen of the Senate Finance and Transportation Committees, and the Chairmen of the House of Representatives Ways and Means and Education and Public Works Committees.

SECTION 8. Section 57-1-500 of the S.C. Code is amended to read:

Section 57-1-500. The secretary must provide for a workshop of at least two biennial contact hours concerning ethics and the Administrative Procedures Act for the commissioners, the secretary, the chief internal auditor, and senior management employees of the Department of Transportation; and a biennial ethics workshop of at least two contact hours for all other department employees.

SECTION 9. Section 57-3-20 of the S.C. Code is amended to read:

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) develop statewide strategic highway plans; and

(b) direct highway engineering activities, including construction, design, construction oversight, and maintenance of state highways;

(3) division deputy director for intermodal and freight programs:

(a) develop a statewide public transit system;

(b) coordinate the preservation and revitalization of existing rail corridors;

(c) develop and coordinate a statewide passenger and freight rail system, including the development of a comprehensive state rail plan for passenger and freight railroads and rail infrastructure services;

(d) plan, develop, and coordinate a comprehensive intermodal transportation program for the movement of passengers and freight through integrated highway, railroad, port, airport, and other transit systems;

(e) financial management of funding from federal, state, and local transit, rail, and other intermodal sources; and

(f) manage the Office of Railroads and the Office of Public Transit;

(g) drafting all transportation project contracts which shall include clawbacks, late completion fines, and other such features to protect public funds being spent on transportation projects; and

(h) as part of the competitive bidding process, remove all barriers to bid participation by South Carolina small businesses and document these measures.

SECTION 10. Section 57-3-50 of the S.C. Code is amended to read:

Section 57-3-50. The commissionsecretary may shall establish such the following highway regional transportation districts as in its opinion shall be necessary for the proper and efficient performance of its the department's duties:

Region 1-Coastal/Evacuation & Bridge

Counties: Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Jasper, and Horry

Region 2-Pee Dee & Sandhills

Counties: Dillon, Marlboro, Chesterfield, Darlington, Florence, Marion, Williamsburg, Clarendon,

Lee, and Sumter

Region 3-Midlands, Metro & Central Corridors

Counties: Richland, Lexington, Fairfield, Kershaw, Newberry, Saluda, Lancaster, and Chester

Region 4-Lower Savannah / Southern Rural & Industrial

Counties: Aiken, Edgefield, McCormick, Barnwell, Bamberg, Allendale, Orangeburg, Calhoun, Hampton, Abbeville, Greenwood, and Laurens

Region 5-Upstate Metro & Freight Spine

Counties: Greenville, Spartanburg, Anderson, Pickens, Oconee, Cherokee, Union, and York.

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.

SECTION 11. Section 57-3-110 of the S.C. Code is amended to read:

Section 57-3-110. (A) The Department of Transportation shall have the following duties and powers:

(1) lay out,; build,; inspect and provide detailed inspection reports with findings and corrective measures to address any deficiencies; 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) draft and enter into such contracts as may be necessary for the proper discharge of its functions and duties, and may sue and be sued thereon, and include contract provisions to include, but not be limited to, clawbacks, late completion fines, and other measures to best protect public funds;

(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.

(B) All roadway inspections conducted by the department must be documented in written reports identifying observed deficiencies, recommended corrective actions, and timelines for completion. Once corrective measures have been taken, these completions also must be documented.

SECTION 12. Section 57-3-210(A) of the S.C. Code is amended to read:

(A) The department is authorized to utilize public transit funds to contract directly with private operators of public transit systems to provide service to the general public, provided that the private operators have established a plan of service that has been approved by the local governmental entity that has jurisdiction over the area to be served, the department, the commission, and the federal government.

SECTION 13. Section 57-3-700 of the S.C. Code is amended to read:

Section 57-3-700. With the approval of the commission secretary, 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 14. Section 57-5-10 of the S.C. Code is amended to read:

Section 57-5-10. The state highway system shall consist of a statewide system of connecting highways that shall be constructed to the Department of Transportation's standards and that shall be maintained by the department in a safe and serviceable condition as state highways. The department may utilize funding sources including, but not limited to, the State Non-Federal Aid Highway Fund and the State Highway Fund as established by Section 57-11-20 in carrying out the provisions of this section. The complete state highway system shall mean the system of state highways as now constituted, consisting of the roads, streets, and highways designated as state highways or designated for construction or maintenance by the department pursuant to law, together with the roads, streets, and highways added to the state highway system by the Commission of the Department of Transportation, and the roads, streets, and highways that may 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 15. Section 57-5-30 of the S.C. Code is amended to read:

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 Secretary of the Department of Transportation.

SECTION 16. Section 57-5-50 of the S.C. Code is amended to read:

Section 57-5-50. The commissiondepartment 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 17. Section 57-5-90 of the S.C. Code is amended to read:

Section 57-5-90. The commissiondepartment 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 commissiondepartment 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 18. Section 57-5-310 of the S.C. Code is amended to read:

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 19. Section 57-5-340 of the S.C. Code is amended to read:

Section 57-5-340. The department shall continuously inventory all of its real property. When, in the judgment 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 Secretary 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 12-28-2740.

SECTION 20. Section 57-5-710 of the S.C. 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 highwayregional transportation districts of the State, and the commissiondepartment shall determine and arrange the order of the work in a fair and equitable manner among the counties within each regional transportation highway district.

SECTION 21. Section 57-5-720 of the S.C. 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.

In recognition of budgetary restraints, the Department of Transportation, its commission, officers, and employees, are granted the discretionary authority to relax design and construction standards with respect to highway projects in the secondary state highway system. The exercise of the discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the department, its commission, officers, or employees.

SECTION 22. Section 57-5-1350 of the S.C. Code is amended to read:

Section 57-5-1350. Whenever it becomes necessary that monies be raised for a turnpike facility, the commissiondepartment may make request to the State Fiscal Accountability Authority for the issuance of turnpike bonds. The request may be in the form of a 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 commissiondepartment relating to the proposed turnpike facility;

6. measures taken to encourage small business bidding on any necessary work; the commission'sdepartment's recommendations relating to any covenant to be made in the bond resolution of the State Fiscal Accountability Authority 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.

SECTION 23. Section 57-5-1450(C) of the S.C. Code is amended to read:

(C) The resolution shall set forth further a finding on the part of the State Fiscal Accountability Authority that the estimate of turnpike facility revenues made by the commissiondepartment and approved by the State Fiscal Accountability Authority 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.

SECTION 24. Section 57-5-1620 of the S.C. 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 on the department website.where Where circumstances warrant, the department may advertise for longer periods of time and in other publicationprint, website, or similar 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 Secretary of the Department of Transportation, the department, without formalities of advertisingproviding notice, 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 commissionby the department.

SECTION 25. Section 57-5-1630 of the S.C. Code is amended to read:

Section 57-5-1630. 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 Secretary 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 every case, the commissiondepartment must ratify the contract extension at the next succeeding commission meeting. 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 commissionby the department.

SECTION 26. Section 57-11-20(A) of the S.C. Code is amended to read:

(A)(1) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into either the "State Highway Fund," the "State Non-Federal Aid Highway Fund", or the "Infrastructure Maintenance Trust Fund." All funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the State Highway Fund must be deposited to the credit of the State Highway Fund. Interest income from the Non-Federal Aid Highway Fund must be deposited to the credit of the Non-Federal Aid Highway Fund. Interest income from the Infrastructure Maintenance Trust Fund must be deposited to the credit of the Infrastructure Maintenance Trust Fund. The commissiondepartment may commit up to the maximum annual debt service provided in Section 13, Article X, of the South Carolina Constitution, 1895, into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction or maintenance of state highways, or both. This special account will be designated as the State Highway Construction Debt Service Fund.

(2) The Infrastructure Maintenance Trust Fund must be used exclusively for the repairs, maintenance, and improvements to the existing transportation system.

SECTION 27. Section 57-11-210 of the S.C. Code is amended to read:

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 user fee" means the user fee levied pursuant to Chapter 28, Title 12.

(3) "Gasoline user fee" means the per gallon user fee imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 28, of Title 12.

(4) "Commission" means that agency of government now composed in accordance with the provisions of Article 3 of Chapter 1, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the commission pursuant to the provisions of Chapter 1, Title 57.

(5)(4) "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)(5) "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)(6) "Road tax" means the road tax imposed on motor carriers pursuant to Chapter 11, Title 56.

(8)(7) "Sources of revenue" means the gasoline user fee, the fuel oil user fee, the road tax, and the motor vehicle license tax.

(9)(8) "Authority" means the State Fiscal Accountability Authority of South Carolina.

(10)(9) "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 28. Section 57-11-220 of the S.C. Code is amended to read:

Section 57-11-220. Whenever it shall become necessary that monies be raised for highway transportation purposes, or construction and equipment of headquarters administrative facilities, including monies to be used to refund any state highway bonds then outstanding, the commissiondepartment may make a request to the State Fiscal Accountability Authority for the issuance of state highway bonds pursuant to this article. Such request may be in the form of a resolution adopted at any regular or special meeting of the commission. Such request shall set forth on the face thereof or by schedules attached thereto:

(1) the amount then required for highway transportation purposes;

(2) a tentative time schedule setting forth the period of time during which the sum requested will be expended;

(3) a debt service table showing the annual principal and interest requirements for all state highway bonds then outstanding;

(4) the amount of revenues derived from each of the sources of revenue during the preceding fiscal year; and

(5) the amount as estimated by the commissiondepartment which will be derived from the sources of revenue during the then current and the next ensuing fiscal years during which it is expected that the state highway bonds then sought to be issued will be outstanding, but in estimating the amount to be derived from the sources of revenue the commissiondepartment shall not assume that the revenues for the then current fiscal year or any future fiscal year will be more than five percent in excess of the actual sums derived from the sources of revenue in the preceding fiscal year, nor that in the sixth or subsequent years there will be any increase over the estimated revenues for the fifth fiscal year following the last completed fiscal year.

SECTION 29. Section 57-11-250 of the S.C. Code is amended to read:

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 commissiondepartment, for the payment of the principal and interest of state highway bonds, as the same respectively mature.

SECTION 30. Section 57-11-280 of the S.C. Code is amended to read:

Section 57-11-280. The commissiondepartment is authorized to request the State Fiscal Accountability Authority to issue state highway bonds. In order to effect the issuance of bonds pursuant to this article, the State Fiscal Accountability Authority may adopt a resolution providing for the issuance of state highway bonds, upon written request by the commissiondepartment, 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 Fiscal Accountability Authority 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 31. Section 57-13-10 of the S.C. Code is amended to read:

Section 57-13-10. The commissiondepartment 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.

SECTION 32. Section 57-13-20 of the S.C. Code is amended to read:

Section 57-13-20. Any county may, with the approval of the Commissiondepartment, provide the funds necessary for participation in the construction, purchase or acquisition of any such bridge as is described in Section 57-13-10 and shall be entitled to reimbursement therefor under the provisions of Article 1 of Chapter 11 of this Title.

SECTION 33. Section 57-13-40 of the S.C. Code is amended to read:

Section 57-13-40. The commissiondepartment 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 Transportationdepartment 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.

SECTION 34. Section 57-13-50 of the S.C. Code is amended to read:

Section 57-13-50. No permit shall be issued by the Commissiondepartment under the authority of Section 57-13-40 except after advertisement of all the terms and conditions affecting such permit in at least five daily newspapers of this State and after the county legislative delegation of every county directly adjacent to the bridge has been given formal notice, describing such terms and conditions, and has approved such terms and conditions.

SECTION 35. Section 57-13-90 of the S.C. Code is amended to read:

Section 57-13-90. It shall be unlawful for any person, board, commissiondepartment or other group of persons charged with the duty of building bridges on the public highways of this State within the State highway system to construct any bridge of insufficient width to allow the free passage of at least two vehicles at one time, and it shall also be unlawful to construct any such bridge without providing for and maintaining a clearly defined center line on it, sufficiently clear and distinct to be plainly discernible at all times. On all such bridges there shall be provided ample width on each side of such line for the passage of one vehicle.

SECTION 36. Section 57-13-110 of the S.C. Code is amended to read:

Section 57-13-110. Whoever shall wantonly or wilfully injure or destroy any bridge built by authority of the commissionersdepartment of any two counties over any river or creek lying between such counties, on indictment and conviction of so doing at the court of general sessions in the county in which the offense was committed, shall be subject to such fine and imprisonment as the court shall direct. But nothing herein contained shall be construed to extend to any toll bridge established by law. Any person who shall wilfully or maliciously injure or destroy any bridge on any public road in this State shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not less than fifty nor more than five hundred dollars or be imprisoned not less than thirty nor more than ninety days, in the discretion of the court. Nothing herein contained shall affect the right of action for damages in a civil suit against the person so injuring or destroying any such bridge.

SECTION 37. Section 57-23-20 of the S.C. Code is amended to read:

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 commissiondepartment 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.

SECTION 38. Section 57-25-120(4) of the S.C. Code is amended to read:

(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 commissiondepartment.

SECTION 39. Section 57-25-140(D) and (J) of the S.C. Code is amended to read:

(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 commissiondepartment or other state agency having and exercising that authority.

(J) Signs permitted under items (1), (2), (3), and (4) of subsection (A) must comply with the regulations promulgated by the commissiondepartment in accordance with uniform national standards.

SECTION 40. Section 57-25-150 (A) and (D) of the S.C. Code is amended to read:

(A) The commissiondepartment 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 commissiondepartment also shall promulgate regulations governing the issuance of the permits and standards for size, spacing, and lighting of the signs and their messages.

(D) The commissiondepartment 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.

SECTION 41. Section 57-25-170 of the S.C. Code is amended to read:

Section 57-25-170. The commissiondepartment 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 commissiondepartment. 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 rightrights of way.

SECTION 42. Section 57-25-200(A) of the S.C. Code is amended to read:

(A) Within the requirements of this article the commissiondepartment 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.

SECTION 43. Section 57-25-210 of the S.C. Code is amended to read:

Section 57-25-210. The commissiondepartment 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 44. Chapter 5, Title 57 of the S.C. Code is amended by adding:

Section 57-5-55. The department shall review all rules, regulations, manuals, and procurement practices to eliminate any provision that unnecessarily restricts competition, except those directly related to safety or engineering standards.

SECTION 45. Chapter 5, Title 57 of the S.C. Code is amended by adding:

Section 57-5-65. All contracts and requests for proposals issued by the department must be legally enforceable, complete, and resistant to challenge. Contracts must include defined scope, timelines, and enforceable penalties and shall address utility and infrastructure relocation prior to construction.

SECTION 46. Chapter 3, Title 57 of the S.C. Code is amended by adding:

Section 57-3-185. The department shall submit an annual report to the General Assembly detailing pavement conditions, inspection compliance, procurement disputes, claims, settlements, and corrective actions taken.

SECTION 47. This act takes effect July 1 following approval by the Governor.

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