H 5362

South Carolina General Assembly
126th Session, 2025-2026
Bill 5362
Indicates Matter Stricken
Indicates New Matter
(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.
    (C) The qualifications that each
commission member must possess, include, but are not limited to:
       (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
  (c) an institution of higher learning
chartered before 1962; or
       (2) a background of at least five years
in any combination of the following fields of expertise:
  (a) transportation;
  (b) construction;
  (c) finance;
  (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;
  (c)
potential for economic development;
  (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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This web page was last updated on March 11, 2026 at 11:20 AM