View Amendment Current Amendment: 1 to Bill 3355 The Committee on Education and Public Works proposes the following Amendment No. 1 to H. 3355 (COUNCIL\CM\3355C003.GT.CM19):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking Section 56-5-3890(D)(1)(E), (E)(F),(F)(G), and (G)(H), as contained in SECTION 2 on pages 4 and 5, and inserting:

     /      (D)(1)(E)      A person who is adjudicated to be in violation of the provisions of this section is guilty of driving while using an electronic device and must be fined not more than twenty-five two hundred dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A person must not be fined more than fifty two hundred dollars for any one incident of one or more violations of the provisions of this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:
           (a)(1)      included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or
           (b)(2)      reported to the offender's motor vehicle insurer.
           (2)      During the first one hundred eighty days after this section's effective date, law enforcement officers shall issue only warnings for violations of this section.
     (E)(F)      A law enforcement officer shall not:
           (1)      stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State;
           (2)      seize, search, view, or require the forfeiture of a wireless electronic communication device because of a violation of this section;
           (3)      search or request to search a motor vehicle, driver, or passenger in a motor vehicle, solely because of a violation of this section; or
           (4)      make a custodial arrest for a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.
     (F)(G)      The Department of Public Safety shall maintain statistical information regarding citations issued pursuant to this section.
     (G)(H)      This section preempts local ordinances, regulations, and resolutions adopted by municipalities, counties, and other local governmental entities regarding persons using wireless electronic communication devices while operating motor vehicles on the public streets and highways of this State a stand-alone electronic device or wireless telecommunications device while operating motor vehicles on the public highways of this State.
     (I)      Nothing in this section must be read to supersede a federal law prohibiting the use of wireless communication devices by operators of commercial motor vehicles.            /

Amend the bill further by striking SECTIONS 3, 4, and 5 and inserting:

/      SECTION      3.      At every interstate highway ingress into the State, the South Carolina Department of Transportation shall erect a visible notification sign advising motorists entering the State of the existence of this act.

SECTION      4.      A law enforcement officer shall issue only warning tickets for a 'Driving While Using an Electronic Device' violation during the first sixty days after the effective date of this act.

SECTION      5.      The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

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

Renumber sections to conform.
Amend title to conform.