South Carolina General Assembly
119th Session, 2011-2012

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H. 3163

STATUS INFORMATION

General Bill
Sponsors: Reps. Tallon, Cole, Allison, G.R. Smith, Taylor, McCoy, Forrester, Murphy, Hixon and Patrick
Document Path: l:\council\bills\bbm\9888cm11.docx

Introduced in the House on January 11, 2011
Introduced in the Senate on April 28, 2011
Last Amended on May 30, 2012
Currently residing in the Senate

Summary: Mopeds

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/7/2010  House   Prefiled
   12/7/2010  House   Referred to Committee on Education and Public Works
   12/8/2010          Scrivener's error corrected
   1/11/2011  House   Introduced and read first time (House Journal-page 68)
   1/11/2011  House   Referred to Committee on Education and Public Works 
                        (House Journal-page 68)
   1/19/2011  House   Member(s) request name added as sponsor: Patrick
   4/13/2011  House   Committee report: Favorable with amendment Education and 
                        Public Works (House Journal-page 45)
   4/26/2011  House   Amended (House Journal-page 88)
   4/26/2011  House   Read second time (House Journal-page 88)
   4/26/2011  House   Roll call Yeas-98  Nays-7 (House Journal-page 88)
   4/27/2011  House   Read third time and sent to Senate 
                        (House Journal-page 12)
   4/27/2011          Scrivener's error corrected
   4/28/2011  Senate  Introduced and read first time (Senate Journal-page 6)
   4/28/2011  Senate  Referred to Committee on Transportation 
                        (Senate Journal-page 6)
   2/16/2012  Senate  Committee report: Favorable with amendment 
                        Transportation (Senate Journal-page 7)
   4/11/2012  Senate  Committee Amendment Amended and Adopted 
                        (Senate Journal-page 39)
   5/22/2012  Senate  Amended (Senate Journal-page 25)
   5/23/2012          Scrivener's error corrected
   5/30/2012  Senate  Amended (Senate Journal-page 141)
    6/6/2012  Senate  Read second time (Senate Journal-page 115)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/7/2010
12/8/2010
4/13/2011
4/26/2011
4/27/2011
2/16/2012
4/11/2012
5/22/2012
5/23/2012
5/30/2012

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 30, 2012

H. 3163

Introduced by Reps. Tallon, Cole, Allison, G.R. Smith, Taylor, McCoy, Forrester, Murphy, Hixon and Patrick

S. Printed 5/30/12--S.

Read the first time April 28, 2011.

            

A BILL

TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2905 TO INCLUDE MOPEDS IN THE DEFINITION OF MOTOR VEHICLES FOR THE PURPOSES OF THE ARTICLE.

Amend Title To Conform

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

SECTION    1.    Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2905.    For purposes of this article, 'motor vehicle' is defined as a vehicle that is self-propelled, including mopeds, golf carts, and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails."

SECTION    2.    Section 56-5-3720 of the 1976 Code is amended to read:

"Section 56-5-3720.    It is unlawful for a person to sell a moped for use on the public highways and streets of this State or operate a moped upon the public highways and streets of this State without operable pedals if the moped is equipped with pedals, at least one rearview mirror, operable running lights, and brake lights which are operable when either brake is deployed. A moped must be equipped with a lamp on the front, which must emit a white light visible from a distance of at least five hundred feet to the front and with a lamp on the rear, which must emit a red light visible from a distance of at least five hundred feet to the rear. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

SECTION    3.    Section 56-5-3730 of the 1976 Code is amended to read:

"Section 56-5-3730.    The operator of a moped must have the operating lights turned on at all times while the moped is in operation on the public highways and streets of this State. A moped must be equipped with a lamp on the front, which must emit a white light visible from a distance of at least five hundred feet to the front and with a lamp on the rear, which must emit a red light visible from a distance of at least five hundred feet to the rear."

SECTION    4.    Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2937.    (A)    Notwithstanding any other provision of law, a person convicted of violating Section 56-5-2930, Section 56-5-2933, or Section 56-5-2945 while operating a moped must be punished as follows:

(1)    for a first offense, by a fine of not more than five hundred dollars or imprisonment of not more than thirty days; or

(2)    for a second or subsequent offense, by imprisonment of not less than five days, but not more than one year, no part of which may be suspended.

(B)    A conviction for a violation of Section 56-5-2930, Section 56-5-2933, or Section 56-5-2945 may be used for enhancement purposes under this section."

SECTION    5.    Section 56-2-100(A) of the 1976 Code is amended to read:

"(A)    A low speed vehicle may be operated only on a secondary highway for which the posted speed limit is thirty-five miles an hour or less."

SECTION    6.    This act takes effect ninety days after approval by the Governor.

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