South Carolina General Assembly

122nd Session, 2017-2018

H. 4133

STATUS INFORMATION

Joint Resolution

Sponsors: Regulations and Administrative Procedures Committee

Document Path: l:\council\bills\dbs\31408cz17.docx

Introduced in the House on April 18, 2017

Introduced in the Senate on April 25, 2017

Currently residing in the Senate Committee on Transportation

Summary: Secretary of Transportation approval of actions (D. No. 4684)

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

4/18/2017HouseIntroduced, read first time, placed on calendar without reference (House Journalpage29)

4/20/2017HouseRead second time (House Journalpage9)

4/20/2017HouseRoll call Yeas96 Nays0 (House Journalpage10)

4/20/2017HouseUnanimous consent for third reading on next legislative day (House Journalpage11)

4/21/2017HouseRead third time and sent to Senate (House Journalpage1)

4/25/2017SenateIntroduced and read first time (Senate Journalpage11)

4/25/2017SenateReferred to Committee on Transportation(Senate Journalpage11)

View the latest legislative information at the website

VERSIONS OF THIS BILL

4/18/2017

4/18/2017-A

INTRODUCED

April 18, 2017

H.4133

Introduced by Regulations and Administrative Procedures Committee

S. Printed 4/18/17--H.

Read the first time April 18, 2017.

[4133-1]

AJOINT RESOLUTION

TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SECRETARY OF TRANSPORTATION APPROVAL OF ACTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

SECTION1.The regulations of the Department of Transportation, relating to Secretary of Transportation Approval of Actions, designated as Regulation Document Number 4684, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are approved.

SECTION2.This joint resolution takes effect upon approval by the Governor.

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SUMMARY AS SUBMITTED

BY PROMULGATING AGENCY.

Act 114 of 2007 restructured governance of South Carolina Department of Transportation (SCDOT). Sections 571460 and 470 of the Code of Laws, 1976, as amended, enacted pursuant to Act 114, give the SCDOT Commission oversight of the approval of requests for routine operations and maintenance and emergency repairs. Regulation 63100 sets forth the procedures and standards for Commission oversight of these operational approvals.

Act 275 of 2016 further restructured the governance of SCDOT. Act 275 repealed many of the provisions of Act 114 of 2007 that had given the SCDOT Commission oversight of operational matters. For example, Act 275 repealed Section 571370(N), which required the Commission to approve all requests for resurfacing, new signals, curb cuts, bike lanes and construction projects under ten million dollars. It appears that the failure of Act 275 to repeal Sections 571460 and 470 was an oversight. SCDOT anticipates that the General Assembly during its 2017 session will repeal Sections 571460 and 470 of the Code of Laws, 1976, as amended. Such repeal will make Regulation 63100 unnecessary. Therefore, SCDOT is proposing that Regulation 63100 be repealed, contingent upon General Assembly’s action making the regulation unnecessary. The SCDOT Commission approved this change on December 1, 2016.

A Notice of Drafting for proposed changes to Regulation 63100 was published in the State Register on September 23, 2016.

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