Bill Text: SC S0040 | 2021-2022 | 124th General Assembly | Amended
Bill Title: State highways
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-06-01 - Act No. 89 [S0040 Detail]
Download: South_Carolina-2021-S0040-Amended.html
AMENDED
March 31, 2021
S. 40
S. Printed 3/31/21--S.
Read the first time January 12, 2021.
A BILL
TO AMEND SECTION 5-29-30 OF THE 1976 CODE, RELATING TO THE RIGHT OF MUNICIPALITIES TO ESTABLISH ON-STREET PARKING FACILITIES, TO PROVIDE THAT MUNICIPALITIES MAY NOT ESTABLISH OR ALTER PARKING FACILITIES ON ANY STATE HIGHWAY FACILITY WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 57-5-840 OF THE 1976 CODE, RELATING TO ALTERATIONS BY A MUNICIPALITY OF STATE HIGHWAY FACILITIES, TO PROVIDE THAT RESTRICTIONS ON THE USE OF STATE HIGHWAY FACILITIES BY A MUNICIPALITY ARE SUBJECT TO PRIOR APPROVAL BY THE DEPARTMENT OF TRANSPORTATION; TO AMEND ARTICLE 5, CHAPTER 5, TITLE 57 OF THE 1976 CODE, RELATING TO CONSTRUCTION OF THE STATE HIGHWAY SYSTEM, BY ADDING SECTION 57-5-845, TO PROVIDE THAT PARKING ON STATE HIGHWAY FACILITIES LOCATED ON BARRIER ISLANDS IS FREE AND ANY RESTRICTIONS MAY ONLY BE MADE BY THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 57-7-210 OF THE 1976 CODE, RELATING TO OBSTRUCTIONS IN HIGHWAYS, TO PROVIDE THAT THE FINE FOR VIOLATIONS IS CALCULATED ON A PER-DAY BASIS; TO AMEND SECTION 57-7-220 OF THE 1976 CODE, RELATING TO THE REMOVAL OF OBSTRUCTIONS IN HIGHWAYS, TO PROVIDE THAT OBSTRUCTIONS ON ANY PORTION OF A PUBLIC HIGHWAY MUST BE REMOVED AS SOON AS POSSIBLE BY THE GOVERNMENTAL ENTITY RESPONSIBLE FOR MAINTAINING THE HIGHWAY; AND TO DEFINE NECESSARY TERMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 57-5-840 of the 1976 Code is amended to read:
"Section 57-5-840. A municipality may not alter any State state highway facility without the prior approval of the Department department, and any use or restriction made by the city a municipality of the a highway or highway right of way for city municipality utilities, parking, or for other purposes shall be is subject to prior approval of the Department department by encroachment permit."
SECTION 2. Article 5, Chapter 5, Title 57 of the 1976 Code is amended by adding:
"Section 57-5-845. (A) Parking facilities on state highway facilities located in beach communities that are eligible for beach renourishment funds:
(1) must include free public beach parking;
(2) may include paid public beach parking; and
(3) may only be restricted by the department if the department determines that the restrictions are necessary under the circumstances.
(B) Any municipality electing to charge for public beach parking may use the parking revenues for the operation, maintenance, preservation, or funding of:
(1) public beach parking facilities;
(2) beach access, maintenance, and renourishment;
(3) traffic and parking enforcement;
(4) first responders;
(5) sanitation; and
(6) litter control and removal for beaches."
SECTION 3. Section 57-7-210 of the 1976 Code is amended to read:
"Section 57-7-210. (A) For the purposes of this section, 'highway' includes the entire area within a highway right-of-way, including the shoulders and parking areas.
(B) It shall be is unlawful for any person wilfully to obstruct ditches and drainage openings along any highway, to place obstructions upon any such highway or to throw or place on any such highway any objects likely to cut or otherwise injure vehicles using them.
(C) A violation of this section shall be punishable by a fine of not more than one hundred dollars per day, or imprisonment for not more than thirty days, or both."
SECTION 4. This act takes effect upon approval by the Governor.
