reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-40. Prohibited acts; penalties.

(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.
HISTORY: 1962 Code Section 33-4; 1952 Code Section 33-4; 1951 (47) 457; 1993 Act No. 181, Section 1503; 1993 Act No. 184, Section 83; 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-50. Assent to federal aid for construction of highways and related transportation projects.

The assent of the State is hereby given to the terms and provisions of any act providing for federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said federal act, so as to acquire the benefits thereof.
HISTORY: 1962 Code Section 33-5; 1952 Code Section 33-5; 1951 (47) 457; 1993 Act No. 181, Section 1503; 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-60. Duties of Governor with respect to highway safety transportation programs and activities.

The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.
HISTORY: 1962 Code Section 33-6; 1952 Code Section 33-6; 1951 (47) 457; 1960 (51) 1602; 1993 Act No. 181, Section 1503; 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-70. Department to act in compliance with Federal Aid Highway Act.

It is the sense of the General Assembly that the Department of Transportation should comply with Section 105(f) of the Federal Aid Highway Act. The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Office of the Governor (Office of Small and Minority Business Assistance) in the promulgation of the regulations.
HISTORY: 1962 Code Section 33-7; 1967 (55) 208; 1993 Act No. 181, Section 1503; 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-80. List of all public railroad crossings and upgrades; publication on website; installation of railroad signals and crossing arms.

The Department of Transportation shall publish on its website the list of all public railroad crossings. The department also shall publish on its website the list of railroad crossings programmed for upgrades and designate it on its website "John's Law". Contingent upon the receipt of additional funds for the installation of public railroad signals and gates, the department is directed to increase the number of installations of railroad signals or crossing arms, or both, utilizing all funds available for this type of work at dangerous railroad crossings throughout the State.
HISTORY: 2011 Act No. 54, Section 2, eff June 14, 2011.
Editor's Note
2011 Act No. 54, Section 1, provides as follows:
"This act may be cited as 'John's Law'".
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-90. Motorcycles.

(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.
(B) The allocation of parking space square footage specifically in transportation facilities, and other projects undertaken or operated by a political subdivision of this State where state or local source funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility must make reasonable accommodations for motorcycle parking. In carrying forward this requirement, among other options, the facility at its discretion may comply by sectioning portions of the area where the size configuration of the space does not meet code requirements for full-sized vehicles.
(C) As used in this section, "reasonable accommodations" shall not be interpreted to include, require, or otherwise mandate the structural or technological modification of parking structures constructed or substantially completed before July 1, 2014.
HISTORY: 2014 Act No. 148 (H.3231), Section 1, eff April 7, 2014.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-320. Consecutive terms; limit on commissioners from same county.

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.
HISTORY: 1993 Act No. 181, Section 1504; 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 1, eff July 1, 2016.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-325. Submittal of district appointees; meeting of legislative delegation to approve or disapprove appointee.

(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.
HISTORY: 1993 Act No. 181, Section 1504; 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 1, eff July 1, 2016; 2017 Act No. 40 (H.3516), Section 22.B, eff July 1, 2017.
Effect of Amendment
2017 Act No. 40, Section 22.B, rewrote the section, relating to the submission of transportation district appointments and specifying the manner in which the legislative delegation may approve transportation district appointees.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-330. Commissioners' terms.

(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.
HISTORY: 1993 Act No. 181, Section 1504; 1995 Act No. 120, Section 1; 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 1, eff July 1, 2016; 2017 Act No. 40 (H.3516), Section 26, eff July 1, 2017.
Effect of Amendment
2017 Act No. 40, Section 26, in (B), deleted "subject to the prior approval of the appropriate legislative delegation" following "Governor", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-340. Oath of commissioner.

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.
HISTORY: 1993 Act No. 181, Section 1504; 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 1, eff July 1, 2016; 2017 Act No. 40 (H.3516), Section 22.C, eff July 1, 2017.
Effect of Amendment
2017 Act No. 40, Section 22.C, inserted "and confirmation, or approval by the appropriate legislative delegation, as the case may be".
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-350. Seal; rules and procedures; officers; expenses.

(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.
HISTORY: 1993 Act No. 181, Section 1504; 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 1, eff July 1, 2016; 2017 Act No. 40 (H.3516), Section 23, eff July 1, 2017.
Effect of Amendment
2017 Act No. 40, Section 23, added (E) to (G), relating to the requirement of a minimum of six regular meetings annually, prohibiting a member from being involved in the day-to-day operations of the department and from having an interest in a grant or award of the department.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-380. Transportation Asset Management Plan.

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 commission 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.
HISTORY: 2017 Act No. 40 (H.3516), Section 12, eff July 1, 2017.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-410. Appointment of Secretary of Transportation.

The commission shall appoint, with the advice and consent of the Senate, a Secretary of Transportation who shall serve at the pleasure of the commission. 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.
HISTORY: 1993 Act No. 181, Section 1505; 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 2, eff July 1, 2016.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-430. Duties and powers; employment of personnel.

(A) The secretary is charged with the affirmative duty to carry out the policies of the commission, 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.
(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.
HISTORY: 1993 Act No. 181, Section 1505; 2007 Act No. 114, Section 5, eff June 27, 2007; 2017 Act No. 40 (H.3516), Section 25, eff July 1, 2017.
Effect of Amendment
2017 Act No. 40, Section 25, added (C) and (D), requiring the secretary to prepare and publish certain annual reports.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-440. Chief counsel; staff attorneys; independent adjusters.

The secretary shall have the exclusive authority to employ a chief counsel and such staff attorneys and support staff as are necessary to represent the department in legal matters, condemnation procedures, and other such litigation. Any extra legal services that may be required shall be performed by attorneys selected by the secretary. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits resulting from motor vehicle damage and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the state highway fund.
HISTORY: 1993 Act No. 181, Section 1505; 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-450. Appointment of directors.

The secretary shall appoint a director for each division of the department who shall serve at the pleasure of the secretary and shall recommend the salary for each director as allowed by statute or applicable law.
HISTORY: 1993 Act No. 181, Section 1505; 1995 Act No. 145, Part II, Section 5; 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-460. Repealed.

HISTORY: Former Section, titled Evaluation and approval of routine operation and maintenance and emergency repairs by secretary; definitions, had the following history: 2007 Act No. 114, Section 5, eff June 27, 2007. Repealed by 2017 Act No. 40, Section 20, eff July 1, 2017.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-470. Repealed.

HISTORY: Former Section, titled Commission review of routine maintenance and emergency repair requests approved by secretary, had the following history: 2007 Act No. 114, Section 5, eff June 27, 2007. Repealed by 2017 Act No. 40, Section 21, eff July 1, 2017.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-490. Annual audits.

(A) The department shall be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements must be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds.
(B) The Legislative Audit Council shall contract for an independent performance and compliance audit of the department's finance and administration division, mass transit division, and construction engineering and planning division. This audit must be completed by January 15, 2010. The Legislative Audit Council may contract for follow-up audits or conduct follow-up audits as needed based upon the audit's initial findings. The costs of these audits, including related administrative and management expenses of the Legislative Audit Council, are an operating expense of the department. The department shall pay directly to the Legislative Audit Council the cost of the audits.
(C) Copies of every audit conducted pursuant to this section must be made available to the Department 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.
HISTORY: 1993 Act No. 181, Section 1505; 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 4, eff July 1, 2016; 2019 Act No. 41 (S.530), Section 74, eff May 13, 2019.
Editor's Note
2007 Act No. 114, Section 7, provides as follows:
"The initial procurement audit required by Section 5 of this act must be transmitted to the chairmen of the Senate Finance Committee and the House of Representatives Ways and Means Committee on or before October 15, 2008, and then annually thereafter as provided in Section 57-1-490."
2019 Act No. 41, Section 80, provides as follows:
"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
Effect of Amendment
2019 Act No. 41, Section 74, deleted (B), which related to a requirement that the department's internal procurement operation must be audited annually, and redesignated (C) and (D) as (B) and (C).
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-500. Ethics workshop.

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.
HISTORY: 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-710 to 57-1-760. Repealed.

HISTORY: Former Section 57-1-710, titled Joint Transportation Review Committee established, had the following history: 2007 Act No. 114, Section 5, eff June 27, 2007. Repealed by 2017 Act No. 40, Section 22.D, eff July 1, 2017.
HISTORY: Former Section 57-1-720, titled Membership, had the following history: 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 3.B, eff July 1, 2016. Repealed by 2017 Act No. 40, Section 22.D, eff July 1, 2017.
HISTORY: Former Section 57-1-730, titled Powers and duties, had the following history: 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 3.A, eff July 1, 2016. Repealed by 2017 Act No. 40, Section 22.D, eff July 1, 2017.
HISTORY: Former Section 57-1-750, titled Compensation of members; expenses associated with review of appointees for Department of Transportation Commission, had the following history: 2007 Act No. 114, Section 5, eff June 27, 2007; 2016 Act No. 275 (S.1258), Section 3.C, eff July 1, 2016. Repealed by 2017 Act No. 40, Section 22.D, eff July 1, 2017.
HISTORY: Former Section 57-1-760, titled Clerical and professional staffing, had the following history: 2007 Act No. 114, Section 5, eff June 27, 2007. Repealed by 2017 Act No. 40, Section 22.D, eff July 1, 2017.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-10. Department divided into divisions.

(A) The Department of Transportation is comprised of the following principal divisions:
(1) finance and administration;
(2) construction, engineering, and planning; and
(3) intermodal and freight programs.
(B) The Secretary of Transportation may establish other divisions, or ancillary or service divisions or offices as may be necessary for the efficient and economic operation of the department and to carry out the functions and purposes of the department.
HISTORY: 1962 Code Section 33-21; 1952 Code Section 33-21; 1951 (47) 457; 1977 Act No. 82 Section 3; 1993 Act No. 181, Section 1506; 2010 Act No. 206, Section 3, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-20. Responsibilities and duties of division deputy directors.

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.
HISTORY: 1962 Code Section 33-22; 1952 Code Section 33-22; 1951 (47) 457; 1977 Act No. 82 Section 4; 1986 Act No. 383, Section 1; 1993 Act No. 181, Section 1506; 2010 Act No. 206, Section 4, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-30. Office of Railroads; establishment; responsibilities; comprehensive state rail plan; interagency cooperation.

(A) The Office of Railroads is established within the Division of Intermodal and Freight Programs. The office is principally responsible for:
(1) preserving railroad rights-of-way for future use and coordinating the preparation of a state railroad corridor preservation and revitalization plan;
(2) coordinating high-speed and intercity passenger rail planning and development;
(3) planning, developing, maintaining, and coordinating a comprehensive state rail plan for passenger and freight railroads and infrastructure services with other modes of transportation to help facilitate effective and efficient interstate and intrastate movement of people and freight;
(4) applying for and receiving state, federal, or other funds for passenger and freight rail service and infrastructure needs, high-speed and intercity passenger rail planning and development, and rail corridor preservation and revitalization programs; and
(5) preparing and submitting by February first of each year a full, printed, detailed report to the House Education and Public Works Committee and the Senate Transportation Committee containing an analysis of the:
(a) state railroad corridor preservation and revitalization plan; and
(b) comprehensive state rail plan for passenger and freight railroads and infrastructure services.
(B) Every five years the office must develop and prepare a comprehensive state rail plan for passenger and freight railroads and infrastructure services. The plan must be approved by the United States Department of Transportation. The plan, and any updates, must be submitted to the General Assembly.
(C) All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities must cooperate with the office, provide assistance, data, and advice upon request, and must reimburse any such entity necessary costs in the event of any expense. This authority does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning the purposes set forth in this section.
(D) Nothing in this section may be interpreted to subrogate the powers and duties of the Division of Public Railways to the Office of Railroads.
HISTORY: 2010 Act No. 206, Section 5, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-40. Office of Public Transit; powers and duties.

(A) The Office of Public Transit is established within the Division of Intermodal and Freight Programs. The office must develop and coordinate a general public transit program and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transit systems, both public and private. The office is authorized to apply for and receive federal, state, and other funds for passenger public transit systems on the department's behalf.
(B) All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities must cooperate with the office, provide assistance, data, and advice upon request and must reimburse any such entity necessary costs in the event of any expense. This authority does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning the purposes set forth in this section.
(C) The office must develop and annually submit by February first of each year a full, printed, detailed report to the House Education and Public Works Committee and the Senate Transportation Committee containing an analysis of:
(1) the office's accomplishments during the past year;
(2) a five year plan detailing future needs and goals of the State as it relates to all forms of public transit; and
(3) a plan for funding and receiving federal matching funds or other funds as may be available.
(D) All powers, duties, and responsibilities of the Interagency Council on Public Transportation are devolved upon the office.
HISTORY: 1962 Code Section 33-24; 1964 (53) 2056; 1993 Act No. 181, Section 1506; 2010 Act No. 206, Section 6, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-50. Establishment of highway districts; review.

The commission may establish such highway districts as in its opinion shall be necessary for the proper and efficient performance of its duties. The commission, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts.
HISTORY: 1962 Code Section 33-25; 1964 (53) 2056; 1993 Act No. 181, Section 1506.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-110. Powers and duties of Department of Transportation.

The Department of Transportation shall have the following duties and powers:
(1) lay out, build, and maintain public highways and bridges, including the exclusive authority to establish design criteria, construction specifications, and standards required to construct and maintain highways and bridges;
(2) acquire such lands, road building materials, and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation;
(3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State;
(4) number or renumber state highways;
(5) initiate and conduct such programs and pilot projects to further research and development efforts, and to promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system;
(6) cooperate with the federal government in the construction of federal-aid highways in the development of improved mass transit service, facilities, equipment, techniques, and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;
(7) instruct, assist, and cooperate with the agencies, departments, and bodies politic and legally constituted agencies of the State in street, highway, traffic, and mass transit matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system;
(8) promulgate such rules and regulations in accordance with the Administrative Procedures Act for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law;
(9) grant churches the right to cross over, under, along, and upon any public roads or highways and rights-of-way related thereto;
(10) enter into such contracts as may be necessary for the proper discharge of its functions and duties and may sue and be sued thereon;
(11) erect such signs as requested by a local governing body, if the department deems the signs necessary for public safety and welfare, including "Deaf Child" signs and "Crime Watch Area" signs; and
(12) do all other things required or provided by law.
HISTORY: 1993 Act No. 181, Section 1507.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-120. Definitions.

For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) "Highway", "street", or "road" are general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right-of-way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures, and all other facilities commonly considered component parts of highways, streets, or roads.
(2) "Highway district" means the geographic area established by Section 57-3-50.
(3) "Mass transit" shall mean every conveyance of human passengers by bus, rail, or high-speed rail, van, or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular and continuing basis.
(4) "Roadway" shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadways separately but not to all such roadways collectively.
HISTORY: 1993 Act No. 181, Section 1507.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-140. Permit for sheet tobacco trucks; fee; regulations; violation a misdemeanor; penalty.

(A) The Department of Transportation, under the terms and conditions as in its judgment may be in the public interest for safety on the highways and in addition to other permits required by Title 57, may issue permits for the use on public highways of sheet tobacco trucks. For the purposes of this section "sheet tobacco truck" is defined as a vehicle used to transport tobacco in sheets which does not exceed ninety-six inches in width at the truck bed and nine feet six inches at the widest part of the load above the truck bed. To be valid the permit must be carried on the towing vehicle, and it is unlawful for a person to violate a provision, term, or condition of the permit. The fee for each permit is fifteen dollars, and it authorizes the use of only one properly described sheet tobacco truck. The Department of Transportation may promulgate regulations to implement this section.
(B) A person violating subsection (A) or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
HISTORY: 1994 Act No. 497, Part II, Section 85A.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-150. Multiple trip permit; annual trip permit.

(A) The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is as delineated in the fee schedule in Section 57-3-130(A), payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed.
(B) The Department of Transportation may issue to a motor home, travel trailer, or truck camper manufacturer, dealer, or transporter an annual trip permit authorizing the unlimited commercial movement of a motor home, travel trailer, or truck camper in the manufacturer's, transporter's, or dealer's possession which exceeds the maximum width specified in Section 56-5-4030(B). Notwithstanding the provisions contained in subsection (A), additional permit requirements must not be imposed on the commercial movement of motor homes, travel trailers, or truck campers if they comply with the provisions contained in Section 56-5-4030.
HISTORY: 1994 Act No. 497, Part II, Section 85A; 2002 Act No. 197, Section 4; 2008 Act No. 353, Section 2, Pt 26B.2, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-160. Permit for cotton modular vehicle.

(A) Notwithstanding Section 56-5-4030 or another provision of Chapter 5 of Title 56, the Department of Transportation shall issue, under terms and conditions in the public interest for safety on the highways, a permit for the use on the public highways of cotton modular vehicles. The permit must be issued annually, and it allows movement on the highways at any time. For the purposes of this section, "cotton modular vehicle" is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle may not exceed a width of one hundred ten inches and may not exceed a length of fifty feet extreme overall dimensions, inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for a person to violate a provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. Loaded cotton modular vehicles must not be operated on interstate highways.
(B) A person violating this section, a provision, term, or condition of the permit, or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
HISTORY: 1994 Act No. 497, Part II, Section 85A; 1997 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-170. Open-end permit, deposit or bond required.

Before issuance of an open-end permit, the permittee shall file with the Department of Transportation a:
(1) bond in the amount of five hundred dollars or a greater amount the applicant determines at all times equals or exceeds the net value of all open-end permits issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance, payable to the department by a surety or guaranty company authorized to do business in this State and approved by the department as surety conditional upon the lawful movement of an oversize mobile home, modular home unit, or utility building over a highway in this State and the payment to the department of amounts when due for fees provided for in Sections 56-3-710 and 57-3-180 and the compliance with all of the terms, conditions, and restrictions of an oversize permit of any sort issued to the person filing bond; or
(2) deposit of cash or acceptable negotiable securities sufficient in the opinion of the Department of Transportation to secure adequately the sum of five hundred dollars or a greater amount the applicant may determine at all times equals or exceeds the net value of all open-end permits to be issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance. The deposit must be made upon the same conditions as those required to be set forth in the bond provided for in item (1).
HISTORY: 1994 Act No. 497, Part II, Section 85A.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-180. Records, quarterly reports concerning trips; fees; records open to audit and inspection.

All persons to whom open-end permits are issued shall file with the Department of Transportation before the twenty-first day of each January, April, July, and October reports showing the number of trips made during the preceding quarter ending on December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively, the dates of the trips, and other information the department may require. The fee of ten dollars a trip, required to be paid pursuant to Section 56-3-710, must be paid to the Department of Transportation with each report filed. However, the fee for additional trips of less than twelve miles distance made under the open-end permits is one dollar a trip. Persons to whom open-end permits are issued shall maintain full and complete records of all oversize mobile homes, modular home units, or utility buildings moved, the records to be open to audit and inspection by the Department of Transportation and the Department of Public Safety.
HISTORY: 1994 Act No. 497, Part II, Section 85A.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 3 - Department Of Transportation › Section 57-3-190. Department may issue open-end or annual permits; height maximum; owner responsible for damage.

The Department of Transportation, in the public interest for safety on the highways, may issue open-end or annual permits for moving oversize loads and vehicles, oversize mobile homes, modular home units, utility buildings, and steel tanks, pursuant to Sections 57-3-160, 57-3-170, and 57-3-180. All heights may not exceed fourteen and one-half feet, and the owner of a transporter is responsible for damage which may occur.
HISTORY: 1994 Act No. 497, Part II, Section 85A.