Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-2-105 of the 1976 Code, as last amended by Act 86 of 2015, is further amended to read:
"Section 56-2-105.
(A) For the purposes of this section, 'gated community'
means any homeowners' community with at least one
access-controlled ingress and egress which includes the presence
of a guard house, a mechanical barrier, or another method of
controlled conveyance.
(B) An individual or
business owner of a vehicle commonly known as a golf cart may
obtain a permit decal and registration from the Department of
Motor Vehicles upon presenting proof of ownership and liability
insurance for the golf cart and upon payment of a five dollar
fee. This fee must be distributed to the Department of Parks,
Recreation and Tourism and used to establish education and
awareness programs regarding the use of golf carts in golf cart
vacation communities.
(1)
During daylight hours only, a permitted golf cart may be
operated within four miles of the address on the registration
certificate and only on a secondary highway or street for which
the posted speed limit is thirty-five miles an hour or less.
(2)
During daylight hours only, a permitted golf cart may be
operated within four miles of a point of ingress and egress to a
gated community and only on a secondary highway or street for
which the posted speed limit is thirty-five miles an hour or
less.
(3)
During daylight hours only, within four miles of the
registration holder's address, and while traveling along a
secondary highway or street for which the posted speed limit is
thirty-five miles an hour or less, a permitted golf cart may
cross a highway or street at an intersection where the highway
has a posted speed limit of more than thirty-five miles an
hour.
(4)
During daylight hours only, a permitted golf cart may be
operated along a secondary highway or street for which the
posted speed limit is thirty-five miles an hour or less on an
island not accessible by a bridge designed for use by
automobiles.
(C) A person operating
a permitted golf cart must be at least sixteen years of age and
hold a valid driver's license. The operator of a permitted golf
cart being operated on a highway or street must have in his
possession:
(1)
the registration certificate issued by the department;
(2)
proof of liability insurance for the golf cart; and
(3)
his driver's license.
(D)(1) A golf cart
permit must be replaced with a new permit every five years, or
at the time the permit holder changes his address.
(2)
Golf cart owners holding golf cart permits on or before
October 1, 2012, will have until September 30, 2015, to obtain a
replacement permit.
(E)(1) A political
subdivision may, on designated streets or roads within the
political subdivision's jurisdiction, reduce the area in which a
permitted golf cart may operate from four miles to no less than
two miles.
(2)
A political subdivision may, on primary highways,
secondary highways, streets, or roads within the political
subdivision's jurisdiction, create separate golf cart paths on
the shoulder of its primary highways, secondary highways,
streets and roads for the purpose of golf cart transportation,
if:
(a)
the political subdivision obtains the necessary approvals,
if any, to create the golf cart paths; and
(b)
the golf cart path is:
(i)
separated from the traffic lanes by a hard concrete
curb;
(ii)
separated from the traffic lanes by parking spaces; or
(iii)
separated from the traffic lanes by a distance of four
feet or more.
(3)
A political subdivision may not reduce or otherwise amend
the other restrictions placed on the operation of a permitted
golf cart contained in this section.
(F) The provisions of
this section that restrict the use of a golf cart to certain
streets, certain hours, and certain distances shall not apply to
a golf cart used by a public safety agency in connection with
the performance of its duties.
(G)
Notwithstanding the provisions contained in subsection
(B):
(1)
a municipality located within a county that has
a barrier island may adopt an ordinance that provides for the
operation of a golf cart at night if it is equipped with working
headlights and rear lights; and
(2)
a county that has a barrier island may adopt an
ordinance that provides for the operation of a golf cart in
certain areas of the county at night if it is equipped with
working headlights and rear lights."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.