S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

GOOD/CHARLTON

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 21, 2025

3108960889000

ADOPTED		TABLED	CARRIED OVER	FAILED	RECONSIDERED

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.4025  (Reference is to Printer's Date 04/22/25-S.)

04572000

 Senator DEVINE proposes the following amendment (DG\4025C002.CC.DG25.DOCX):

 Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 566, after line 27, by adding an appropriately numbered new proviso to read:

/ (GP: Speed-safety system program) (A) In the current fiscal year, the Department of Transportation and Department of Public Safety shall operate a pilot program to employ speed-safety systems in school zones in the manner set forth herein this proviso. The Department of Public Safety shall consult with local law enforcement agencies to determine the location of each speed-safety system. Except as provided otherwise, revenues resulting from the pilot program may be used to operate the program. For agencies employing a speed-safety system, on a roadway in a school zone established under this proviso:

  (1) before activating an unmanned stationary speed-monitoring system, the local jurisdiction shall:

   (a) publish notice of the location of the speed-monitoring system on its website;

   (b) ensure that each sign that designates a school zone indicates that speed-safety systems are in use in school zones;

   (c) regarding a speed-safety system, ensure that all speed limit signs approaching and within the segment of roadway on which the speed-monitoring system is located include signs that:

    (i) are in accordance with the manual and specifications for the uniform system of traffic control devices; and

    (ii) indicate that a speed-safety system is in use; and

   (d) issue warning notices for the first thirty days; and

  (2) A speed-safety system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m. The Department of Public Safety, along with local law enforcement agencies, shall develop and implement a public awareness campaign to ensure that the general public is aware of the pilot program and its associated parameters.

 (B) A speed-safety system operator shall complete training by a manufacturer of speed-monitoring systems in the procedures for setting up and operating the speed-monitoring system. The manufacturer shall issue a signed certificate to the speed-monitoring system operator on completion of the training. The certificate of training shall be admitted as evidence in any hearing proceeding for a violation of this proviso. A speed-monitoring system operator shall fill out and sign a set-up log for a speed-monitoring system that:

  (1) states that the speed-safety system operator successfully performed the manufacturer-specified self-test of the speed-monitoring system prior to producing a recorded image;

  (2) shall be kept on file and shall be admitted as evidence in any hearing proceeding for a violation of this section.

 (C) A speed-safety system shall undergo a calibration check performed by a calibration agency. The calibration agency shall issue a signed certificate of calibration after the calibration check that must be:

  (1) kept on file; and

  (2) admitted as evidence in any hearing proceeding for a violation of this proviso.

 (D) A speed-safety system shall not produce a recorded image unless a certified peace officer has initiated operation of the system.

 (E)(1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (G)(4), the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed-safety system while being operated in violation of this proviso.

  (2) A civil penalty under this subsection may not exceed one hundred dollars.

  (3) For purposes of this proviso, the agency shall prescribe a:

   (a) uniform citation form consistent with subsection (G)(1); and

   (b) civil penalty, which must be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in front of a hearing officer.

 (F)(1) An agency shall mail to an owner liable under subsection (E) a citation that shall include:

   (a) the name and address of the registered owner of the vehicle;

   (b) the registration number of the motor vehicle involved in the violation;

   (c) the violation charged;

   (d) the location where the violation occurred;

   (e) the date and time of the violation;

   (f) a copy of the recorded image;

   (g) the amount of the civil penalty imposed and the date by which the civil penalty should be paid;

   (h) a signed statement by a duly authorized law enforcement officer employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this proviso;

   (i) a statement that recorded images are evidence of a violation of this proviso;

   (j) information advising the person alleged to be liable under this proviso of the manner and time in which liability as alleged in the citation may be contested with a hearing officer; and

   (k) information advising the person alleged to be liable under this proviso that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability.

  (2) An agency may mail a warning notice instead of a citation to the owner liable under subsection (E).

  (3) Except as provided in subsection (G)(4), an agency may not mail a citation to a person who is not a motor vehicle owner.

  (4) Except as provided in subsection (G)(4), a citation issued under this proviso must be mailed no later than two weeks after the alleged violation if the vehicle is registered in this State, and thirty days after the alleged violation if the vehicle is registered in another state.

  (5) A person who receives a citation may:

   (a) pay the civil penalty, in accordance with instructions on the citation, directly to the political subdivision; or

   (b) elect to appeal their citation with a hearing officer for the alleged violation.

 (G)(1) A certificate alleging that the violation of this section occurred and the requirements under subsection (A) have been satisfied, sworn to, or affirmed by a law enforcement officer assigned to an agency, based on inspection of recorded images produced by a speed-monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this proviso.

  (2) Adjudication of liability shall be based on a preponderance of evidence.

 (H)(1) A municipality shall establish a nonjudicial administrative hearing process to review objections to citations or penalties issued or assessed under this section. The municipality may assign a hearing officer to review objections.

  (2) The hearing officer may consider in defense of a violation:

   (a) that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

   (b) subject to item (3), evidence that the person named in the citation was not operating the vehicle at the time of the violation; and

   (c) any other issues and evidence that the hearing officer deems pertinent.

  (3) To demonstrate that the motor vehicle or the registration plate was stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plate was filed in a timely manner.

  (4) The person named in the citation shall provide to the hearing officer a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

   (a) states the person named in the citation was not operating the vehicle at the time of the violation; and

   (b) includes any other corroborating evidence.

  (5)(a) If the hearing officer finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under identifying the person driving the vehicle at the time of the violation, the hearing officer shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

   (b) On receipt of substantiating evidence from the hearing officer, an agency may issue a citation to the person who the evidence indicates was operating the vehicle at the time of the violation.

   (c) A citation must be mailed no later than two weeks after receipt of the evidence from the hearing officer.

 (I) A violation for which a civil penalty is imposed under this proviso:

  (1) is not a moving violation for the purpose of assessing points under Title 56 of the SC Code;

  (2) may not be recorded by the agency on the driving record of the owner or driver of the vehicle;

  (3) may be treated as a parking violation under Title 56 of the SC Code; and

  (4) may not be considered in the provision of motor vehicle insurance coverage.

 (J) If a contractor operates a speed-monitoring system on behalf of an agency, the contractor's fee may not be contingent on a percentage of the fine amount.

 (K) Revenue generated by the use of speed-safety systems must be used by municipalities only for public safety, traffic safety, or educational initiatives.

 (L) As contained in this proviso:

  (1) "Agency" means:

   (a) a law enforcement agency of a local political subdivision that is authorized to issue a citation for a violation of local traffic laws or regulations and has a population that is equal to or greater than twenty-five thousand citizens; or

   (b) for a municipal corporation with a population equal to or greater than twenty-five thousand citizens that does not maintain a police force, an agency established or designated by the municipal corporation to implement this article using speed-safety systems in accordance with this article.

  (2) "Owner" means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more. "Owner" does not include:

   (a) a motor vehicle rental or leasing company; or

   (b) a holder of a special registration plate.

  (3) "Recorded image" means an image recorded by a speed-safety system on:

   (a) a photograph;

   (b) a microphotograph;

   (c) an electronic image;

   (d) videotape; or

   (e) any other medium and showing:

    (i) the rear of a motor vehicle;

    (ii) at least two time-stamped images of the motor vehicle; and

    (iii) on at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

  (4) "Speed-safety system" means a device with one or more scanning lidar motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least five miles-per-hour above the posted speed limit.

  (5) "Hearing officer" means a municipal employee who is specifically assigned to the nonjudicial administrative hearing process to review objections to citations or penalties issued or assessed under this section.

  (6) "Speed-safety system operator" means an employee of an agency or contractor who has been trained and certified to setup and operate a speed-monitoring system in accordance with manufacturer guidelines. /

/ 

 Renumber sections to conform.

 Amend sections, totals and title to conform.