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Sponsors: Rep. Atwater
Document Path: l:\council\bills\swb\5187cm13.docx
Introduced in the House on May 21, 2013
Currently residing in the House Committee on Education and Public Works
Summary: Texting while driving
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/21/2013 House Introduced and read first time (House Journal-page 21) 5/21/2013 House Referred to Committee on Education and Public Works (House Journal-page 21)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO DEFINE THE TERM "DRIVER OF THE PUBLIC", TO PROVIDE THAT IT IS UNLAWFUL FOR A "DRIVER OF THE PUBLIC" TO OPERATE A MOTOR VEHICLE WHILE USING A WIRELESS TELECOMMUNICATIONS DEVICE TO WRITE, SEND, OR READ A TEXT MESSAGE, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3890. (A) As contained in this section, 'driver of the public' means a person who receives payment for transporting another person as a passenger in a motor vehicle along the state's highways. This term includes, but is not limited to, a person who drives a taxi cab, school activity bus, day care vehicle, city tour vehicle, limousine, or any other vehicle for hire.
(B) A driver of the public may not operate a motor vehicle on a public highway in this State while using a wireless telecommunications device to write, send, or read a text message.
(C) A driver of the public who violates this section must be punished by:
(1) a fine of one hundred dollars for a first offense when no property damage or bodily injury results;
(2) a fine of five hundred dollars for a second or subsequent offense when no property damage or bodily injury results;
(3) a fine of not less than five thousand dollars and imprisonment of not more than five years when property damage and bodily injury results; or
(4) a fine of ten thousand dollars and imprisonment of not more than ten years when death results.
(D) A company that employs a driver of the public is immune from liability under this provision if it can demonstrate that the driver of the public meets all federal and state imposed requirements to operate a vehicle."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on May 31, 2013 at 11:31 AM