Current Status Bill Number:861 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950523 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:BBM\10060JM.95 Residing Body:Senate Current Committee:Transportation Committee 15 ST Subject:Railroad cars
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950523 Introduced, read first time, 15 ST
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 57-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSTRUCTION OF ROADS BY RAILROAD CARS AND OTHER OBSTACLES AND TO PENALTIES, AND SECTION 58-17-4080, RELATING TO PENALTY AND DAMAGES FOR OBSTRUCTION OF HIGHWAY BY RAILROAD CAR, LOCOMOTIVE, OR OTHER OBJECT, SO AS TO INCREASE THE PENALTY FOR THIS ACTIVITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 57-7-240 of the 1976 Code is amended to read:
"Section 57-7-240. If any person shall obstruct unnecessarily any street, public road, or highway by permitting any railroad car or locomotive to be or remain upon or across any street, public road, or highway for a longer period than five minutes, after notice to remove such car or locomotive has been given to the conductor, engineer, agent, or other person in charge of such car or locomotive or shall permit any timber, wood, or other obstruction to remain upon or across any such street, road, or highway to the hindrance or inconvenience of travelers or any person passing along or upon such street, road, or highway, such person so offending shall forfeit and pay for every such offense a sum not exceeding twenty nor less than five dollars of one hundred dollars and shall must be liable for all damages arising to any highway, to be recovered by an action at the suit of the county in which such offense shall have been committed or any person suing for the same, before any magistrate within the county in which such offense shall have been committed or by indictment in the court of general sessions or suit in the court of common pleas. All fines so accruing under the provisions of this section, when collected, shall must be paid over by the magistrate to the county treasurer for the district in which such the offense was committed. Every twenty-four hours such person, after being notified, shall suffer such obstruction to remain, to the hindrance or inconvenience of travelers or any person going along or upon such road or highway, shall be deemed is considered an additional offense against the provisions of this section."
SECTION 2. Section 58-17-4080 of the 1976 Code is amended to read:
"Section 58-17-4080. If any person, including any conductor of any train of railroad cars or any other agent or servant of any railroad company, shall obstruct unnecessarily any public road or highway by permitting any railroad car or locomotive to be or remain upon or across any street, public road, or highway for a longer period than five minutes, after notice to remove such cars has been given to the conductor, engineer, agent, or other such person in charge of such the train or shall permit any timber, wood, or other obstruction to remain upon or across any such street, road, or highway to the hindrance or inconvenience of travelers or any person passing along or upon such street, road, or highway, every such person so offending shall forfeit and pay for every such offense any a sum not exceeding twenty nor less than five dollars of one hundred dollars and shall must be liable for all damages arising to any highway, to be recovered by an action at the suit of the governing body of the county in which such offense shall have been committed or any person suing therefor, before any magistrate within the county in which such offense shall have been committed or by indictment in the court of general sessions or suit in the court of common pleas. All fines so accruing under the provisions of this section, when collected, shall must be paid over by the magistrate to the county treasurer for the district in which such the offense was committed. Every twenty-four hours such the person, after being notified, shall suffer such obstructions to the hindrance or inconvenience of travelers or any person going along or upon such road or highway to continue shall be deemed is considered an additional offense against the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor.