S 1064 General Bill, By Land
 A Bill to amend Section 58-17-4095, Code of Laws of South Carolina, 1976,
 relating to prohibitions on railroad rights-of-way, so as to prohibit
 pedestrians on railroad tracks and to make the section apply to all railroad
 rights-of-way.

   01/19/94  Senate Introduced and read first time SJ-9
   01/19/94  Senate Referred to Committee on Transportation SJ-9
   02/03/94  Senate Committee report: Favorable Transportation SJ-9
   02/16/94  Senate Amended SJ-22
   02/16/94  Senate Read second time SJ-22
   02/17/94  Senate Read third time and sent to House SJ-9
   02/22/94  House  Introduced and read first time HJ-8
   02/22/94  House  Referred to Committee on Education and Public
                     Works HJ-8
   04/27/94  House  Committee report: Majority favorable with amend.,
                     minority unfavorable Education and Public Works HJ-4

COMMITTEE REPORT

April 27, 1994

S. 1064

S. Printed 4/27/94--H.

Read the first time February 22, 1994.

To whom was referred a Bill (S. 1064), to amend Section 58-17-4095, Code of Laws of South Carolina, 1976, relating to prohibitions on railroad rights-of-way, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 58-17-4095 of the 1976 Code, as added by Act 542 of 1988, is amended to read:

"Section 58-17-4095. (A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks and no person may walk on a railroad track unless the person:

(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;

(2) has authority from the railroad which owns the right-of-way;

(3) is using a public or private roadway which crosses over the railroad at an established grade crossing;

(4) is acting in an official capacity with the military, the police force, a fire fighting organization, or some a similar public authority and must shall enter onto the railroad right-of-way to carry out his or her responsibilities; or

(5) is an employee of a public utility or, a telecommunications carrier, or of the forestry industry, and must shall enter onto the railroad right-of-way to carry out his responsibilities;

(6) is a land surveyor, an employee, or other individual subject to the supervision of the land surveyor while working within the scope of employment;

(7) is crossing a railroad track only and not walking parallel to and on the track; or

(8) is an adjoining landowner or his agent operating a vehicle for an incidental purpose consistent with the use of the adjoining land.

(B) For the purposes of this section, the term `vehicle' includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.

(C) This section must not be enforced within the incorporated areas of a county unless no trespassing signs are posted at the points where the railroad track enters and exits an incorporated area.

(D) A person violating the provisions of who violates this section is guilty of a misdemeanor and, upon conviction, shall pay a fine of must be fined not more than two hundred dollars or serve a term of imprisonment for imprisoned not more than thirty days.

(E) Railroad companies shall publish notice to the public in newspapers of general circulation throughout this State of new requirements in effect pursuant to amendments to this section."

SECTION 2. This act takes effect January 1, 1995./

Amend title to conform.

Majority favorable. Minority unfavorable.

OLIN R. PHILLIPS RALPH ANDERSON

For Majority. For Minority.

A BILL

TO AMEND SECTION 58-17-4095, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS ON RAILROAD RIGHTS-OF-WAY, SO AS TO PROHIBIT PEDESTRIANS ON RAILROAD TRACKS AND TO MAKE THE SECTION APPLY TO ALL RAILROAD RIGHTS-OF-WAY.

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

SECTION 1. Section 58-17-4095 of the 1976 Code, as added by Act 542 of 1988, is amended to read:

"Section 58-17-4095. (A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks and no person may walk on a railroad track unless the person:

(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;

(2) has authority from the railroad which owns the right-of-way;

(3) is using a public or private roadway which crosses over the railroad at an established grade crossing;

(4) is acting in an official capacity with the military, police force, a fire fighting organization, or some similar public authority and must enter onto the railroad right-of-way to carry out his or her responsibilities; or

(5) is an employee of a public utility or telecommunications carrier, or of the forestry industry, and must enter onto the railroad right-of-way to carry out his responsibilities; or

(6) is a land surveyor, an employee, or other individual subject to the supervision of the land surveyor while working within the scope of employment.

(B) For the purposes of this section, the term `vehicle' includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.

(C) A person violating who violates the provisions of this section is guilty of a misdemanor and, upon conviction, shall pay a fine of must be fined not more than two hundred dollars or serve a term of imprisonment for imprisoned not more than thirty days."

SECTION 2. This act takes effect upon approval by the Governor.