View Amendment Current Amendment: 336R002.LKG.docx to Bill 336     THE COMMITTEE ON TRANSPORTATION proposed the following amendment (336R002.LKG):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION     1.     Chapter 7, Title 56 of the 1976 Code is amended by adding:

    "Section 56-7-35.     (A)     A uniform traffic ticket may only be issued for violating a local ordinance or the traffic laws relating to speeding or disregarding a traffic control device by a law enforcement officer incident to and contemporaneous with a traffic stop for the offense.
    (B)     A copy of the citation must be given directly to the offender by the law enforcement officer issuing the citation at the time of the traffic stop for the offense.
    (C)     A law enforcement agency may not utilize the United States mail, a parcel delivery service, electronic means, or otherwise to send to the operator or owner of a motor vehicle or motorcycle, as defined in Section 56-3-20, a uniform traffic citation alleging a violation of a local ordinance or the traffic laws relating to speeding or disregarding traffic control devices. This subsection does not prohibit the law enforcement agency from sending the operator or owner an additional copy of a uniform citation that was issued to the operator or owner during the traffic stop for the offense upon request of the operator or owner.
    (D)     A uniform traffic citation alleging the violation of a local ordinance or the traffic laws relating to speeding or disregarding traffic control devices may not be issued based in whole or in part upon photographic evidence, whether gathered in conjunction with radar speed detection devices and whether the camera or other electronic device capturing the photographic evidence was attended or unattended at the time it captured the photographic evidence. This section does not prohibit the use of photographic or video evidence at any hearing related to the offense to corroborate the testimony of a law enforcement officer who personally observed the offense.
    (E)     The provisions of this section do not apply to toll collection."

SECTION     2.     Section 56-5-710 of the 1976 Code is amended to read:

    "Section 56-5-710.     (A)     Subject to the limitations prescribed in Section 56-5-930, the provisions of this chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
        (1)     Regulating regulating the standing or parking of vehicles;
        (2)     Regulating regulating traffic by means of police officers or traffic-control signals;
        (3)     Regulating regulating or prohibiting processions or assemblages on the highways;
        (4)     Designating designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
        (5)     Regulating regulating the speed of vehicles in public parks;
        (6)     Designating designating any highway as a through highway and requiring that all vehicles stop before entering or crossing it or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances at such intersection;
        (7)     Restricting restricting the use of highways as authorized in Sections 56-5-4210 and 56-5-4220;
        (8)     Regulating regulating the operation of bicycles and requiring the registration and licensing of them, including the requirement of a registration fee;
        (9)     Regulating regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;
        (10)     Altering altering the prima facie speed limits as authorized herein; or
        (11)     Adopting adopting such other traffic regulations as are specifically authorized by this chapter.
    (B)     Nothing in subsection (A) may be construed to permit a local authority to issue a uniform traffic citation for violating a local ordinance or the traffic laws relating to speeding or disregarding traffic control devices based in whole or in part upon photographic evidence whether gathered in conjunction with radar speed detection devices and whether the camera or other electronic device capturing the photographic evidence was attended or unattended at the time it captured the photographic evidence."

SECTION     3.     Section 56-5-70(E) of the 1976 Code, as last amended by Act 250 of 2010, is further amended to read:

    "(E)(1)     Citations for violating a local ordinance or the for violating traffic laws relating to speeding or disregarding traffic control devices based solely in whole or in part on photographic evidence, whether gathered in conjunction with radar speed detection devices and whether the camera or other electronic device capturing the photographic evidence was attended or unattended at the time it captured the photographic evidence, only may be issued for violations that occur while relief from regulations pursuant to 49 C.F.R. 390.23 has been granted due to an emergency. A person who receives a citation for violating traffic laws relating to speeding or disregarding traffic control devices based solely in whole or in part on photographic evidence must be served in person with notice of the violation within one hour of the occurrence of the violation. The provisions of this subsection do not apply to toll collection enforcement."

SECTION     4.     This act takes effect upon approval by the Governor.                     /

    Renumber sections to conform.
    Amend title to conform.