South Carolina General Assembly
105th Session, 1983-1984

Bill 583

                    Current Status

Bill Number:               583
Ratification Number:       520
Act Number:                443
Introducing Body:          Senate
Subject:                   Relating to the duties and powers of the
                           South Carolina Department of Highways and
                           Public Transportation
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A443, R520, S583)

AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING SECTION 57-3-770 SO AS TO AUTHORIZE THE DEPARTMENT TO GIVE DIRT AND TOPSOIL REMOVED FROM DITCHES AND ROADBEDS ALONG HIGHWAYS UNDER ITS JURISDICTION TO ADJOINING LANDOWNERS AND TO AUTHORIZE THE DEPARTMENT TO HAUL THIS DIRT AND TOPSOIL TO A DESIGNATED LOCATION ON THE PROPERTY OF THE LANDOWNER WHICH LOCATION MUST BE WITHIN ONE HUNDRED YARDS OF THE HIGHWAY ROADBED BEING CLEANED, AND TO AMEND SECTION 57-5-1630, AS AMENDED, SO AS TO PROVIDE THAT THE DEPARTMENT MAY EXTEND CONTRACTS TO INCLUDE ADDITIONAL WORK IN ADVANCE OF THE APPROVAL OF THE HIGHWAY COMMISSION IN AN AMOUNT NOT TO EXCEED FIFTY PERCENT RATHER THAN THIRTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE ORIGINAL CONTRACT BEING SO EXTENDED OR IN THE SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS RATHER THAN ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LESSER.

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

Department authorized to give dirt and topsoil

SECTION 1. Article 7, Chapter 3, of Title 57 of the 1976 Code is amended by adding:

"Section 57-3-770. The South Carolina Department of Highways and Public Transportation when cleaning or removing dirt and topsoil from ditches or roadbeds along roads, highways, and highway rights-of-way under its jurisdiction is authorized to give this dirt and topsoil to the landowner whose property adjoins the road which is being cleaned. The Department is further authorized to haul this dirt and topsoil to a location on the adjoining landowner's property which location is designated by him; provided, that this location must be within one hundred yards of the road being cleaned."

Construction contract

SECTION 2. Section 57-5-1630, of the 1976 Code, as last amended by Act 462 of 1976, is further amended to read:

"Section 57-5-1630. Unless approved in advance by the Highways and Public Transportation Commission, 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 Chief Highway Commissioner and the State Highway Engineer 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 advance of the approval of the Commission, if on the other hand to delay an extension until the next Commission meeting an advantage to the Department would be lost, but in every case, every contract extension must be subject to approval by the Commission at the next succeeding meeting. The extension of a contract to include additional work in advance of the approval of the Commission may not exceed fifty percent of the total amount of the original contract being so extended or the sum of one hundred and fifty thousand dollars, whichever amount is the lesser. Advertisement in the case of extensions of contracts underthis section shall consist of detailed reports of the transactions made public at open meetings of the Commission."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.