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A246, R284, H5118
Sponsors: Reps. Herbkersman and Newton
Document Path: l:\council\bills\gt\5094cm16.docx
Companion/Similar bill(s): 4998
Introduced in the House on March 16, 2016
Introduced in the Senate on April 28, 2016
Last Amended on June 1, 2016
Passed by the General Assembly on June 2, 2016
Governor's Action: June 6, 2016, Signed
Summary: Golf carts
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/16/2016 House Introduced and read first time (House Journal-page 30) 3/16/2016 House Referred to Committee on Education and Public Works (House Journal-page 30) 4/26/2016 House Recalled from Committee on Education and Public Works (House Journal-page 63) 4/27/2016 House Amended (House Journal-page 52) 4/27/2016 House Read second time (House Journal-page 52) 4/27/2016 House Roll call Yeas-83 Nays-1 (House Journal-page 54) 4/28/2016 House Read third time and sent to Senate (House Journal-page 22) 4/28/2016 Senate Introduced and read first time (Senate Journal-page 17) 4/28/2016 Senate Referred to Committee on Transportation (Senate Journal-page 17) 4/28/2016 Scrivener's error corrected 5/25/2016 Senate Polled out of committee Transportation (Senate Journal-page 8) 5/25/2016 Senate Committee report: Favorable Transportation (Senate Journal-page 8) 5/26/2016 Scrivener's error corrected 5/31/2016 Senate Amended (Senate Journal-page 67) 5/31/2016 Senate Read second time (Senate Journal-page 67) 6/1/2016 Senate Amended (Senate Journal-page 31) 6/1/2016 Senate Read third time and returned to House with amendments (Senate Journal-page 31) 6/1/2016 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 31) 6/2/2016 House Concurred in Senate amendment and enrolled (House Journal-page 23) 6/2/2016 House Roll call Yeas-97 Nays-1 (House Journal-page 23) 6/2/2016 Ratified R 284 6/6/2016 Signed By Governor 6/10/2016 Effective date 06/06/16 6/13/2016 Act No. 246
View the latest legislative information at the website
VERSIONS OF THIS BILL
(A246, R284, H5118)
AN ACT TO AMEND SECTION 56-2-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GOLF CART DECALS, THE REGISTRATION OF GOLF CARTS, AND THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE AN OBSOLETE PROVISION, TO PROVIDE THAT CERTAIN MUNICIPALITIES AND COUNTIES THAT HAVE BARRIER ISLANDS WITHIN THEIR JURISDICTIONS MAY ADOPT ORDINANCES THAT ALLOW GOLF CARTS TO BE OPERATED AT NIGHT, AND TO PROVIDE THAT THE ORDINANCES SHALL EXPIRE ON JANUARY 1, 2021.
Be it enacted by the General Assembly of the State of South Carolina:
Golf cart operation
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.
(C) During daylight hours only:
(1) 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) 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.
(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.
(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 political subdivision may not reduce or otherwise amend the other restrictions placed on the operation of a permitted golf cart contained in this section.
(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. Any municipal or county ordinance enacted pursuant to Section 56-2-105(F)(3) shall expire on January 1, 2021.
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 2nd day of June, 2016.
Approved the 6th day of June, 2016.
This web page was last updated on June 28, 2016 at 4:56 PM