Reference is to the bill as introduced.
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 is 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.
(C) During daylight
hours only:
(1)
A permitted golf cart may be operated within four miles of
the golf cart owner's address on the registration
certificate as provided in subsection (C)(5) and
only on a secondary highway or street for which the posted speed
limit is thirty-five miles an hour or less.
(2)
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)
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)
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.
(5)
For purposes of this subsection, the address of
the golf cart owner may be the address on the golf cart
registration certificate, his business address, his permanent
residence, a second or vacation home, or a temporary single
family rental residence. Multiple addresses of the owner as
provided in this subsection are permitted for purposes of this
subsection.
(D) 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.
(E) A golf cart permit
must be replaced with a new permit every five years, or at the
time the permit holder changes his address on the
registration certificate.
(F)(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)
In a county with a population of no less than one hundred
fifty thousand and no more than two hundred fifty thousand
persons:
(a)
if a municipality has jurisdiction over a barrier island,
the municipality may enact an ordinance allowing for the
operation of a golf cart at night on designated portions of the
barrier island within the municipality, provided the golf cart
is equipped with working headlights and rear lights; or
(b)
if a barrier island is not within the jurisdiction of a
municipality, the county in which the barrier island is located
may enact an ordinance allowing for the operation of a golf cart
at night on designated portions of the county, provided the golf
cart is equipped with working headlights and rear lights.
If a municipality or county enacts an
ordinance allowing golf carts to operate at night on a barrier
island, the requirements of subsection (C), other than operation
in daylight hours only, shall still apply to all permitted golf
carts.
(4)(a)
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.
(b)
A political subdivision may not, under any
circumstances, require an additional permit to operate a golf
cart within its jurisdiction. Any ordinance, law, or rule in
existence as of the effective date of this subitem providing for
an additional permit to operate a golf cart shall have no force
and effect of law.
(c)
Notwithstanding the provisions of this item, a
county in the unincorporated areas of the county or a
municipality within its corporate limits may by ordinance
regulate a person or entity offering golf carts for rental or
lease on an hourly, daily, weekly, or monthly basis that operate
upon the public streets and highways within the jurisdiction.
However, this ordinance is limited to the use of safety devices
and the geographic area, distance, identification of the
vehicles, and specified public roadways on which the rented or
leased golf carts may operate. Nothing in this ordinance may
conflict with or exceed existing limitations of state
law.
(G) 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.
SECTION 2. Article 3, Chapter 2, Title 56 of the 1976 Code is amended by adding:
Section 56-2-3110. A county in the unincorporated areas of the county or a municipality within its corporate limits may by ordinance regulate a person or entity offering mopeds for rental or lease on an hourly, daily, weekly, or monthly basis that operate upon the public streets and highways within its jurisdiction. However, this ordinance is limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which the rented or leased mopeds may operate. Nothing in this ordinance may conflict with or exceed existing limitations of state law.
SECTION 3. this act takes effect upon approval by the Governor. / Renumber sections to conform. Amend title to conform.