Reference is to Printer's Date 5/30/13-H.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3890.
(A) For purposes of this section:
(1)
'Electronic communication device' means an electronic
device used for the purpose of composing, reading, or sending an
electronic message, but does not include a global positioning
system or navigation system or a device that is physically or
electronically integrated into the motor vehicle.
(2)
'Electronic message' means a self-contained piece of
digital communication that is designed or intended to be
transmitted between physical devices. 'Electronic message'
includes, but is not limited to electronic mail, a text message,
an instant message, or a command or request to access an
Internet site.
(B) A person may not
use an electronic communication device to compose, send, or read
an electronic message while operating a motor vehicle on a
roadway.
(C) This section does
not apply to a person operating a motor vehicle while:
(1)
off the traveled portion of a roadway;
(2)
using an electronic communication device in hands-free,
voice-activated, or voice-operated mode that allows the user to
review, prepare and transmit an electronic message without the
use of either hand except to activate, deactivate, or initiate a
feature or function;
(3)
summoning medical or other emergency assistance; or
(4)
using a citizens band radio, commercial two-way radio
communication device, in-vehicle security, or amateur or ham
radio device.
(D) A person who
violates this section where no great bodily injury or death
resulted from the violation, is guilty of misdemeanor distracted
driving and, upon conviction, must be fined not more than one
hundred dollars, pay a twenty-five dollar Trauma Care Fund
surcharge in accordance with Section 56-5-3897, and have two
points assessed against his driving record in accordance with
Section 56-1-720. The fine is subject to all applicable court
costs, assessments, and surcharges.
(E) This section
preempts local ordinances, regulations, and resolutions adopted
by municipalities, counties, and other local government entities
regarding persons using hand-held and hands-free wireless
electronic communication devices while operating motor vehicles
on the public streets and highways of this State.
(F) Nothing in this
section is intended to conflict with enforcement of applicable
restrictions or requirements imposed on commercial motor vehicle
operators pursuant to the federal Motor Carrier Safety
Regulations."
SECTION __. Article 31,
Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3897.
Monies received by the Trauma Care Fund pursuant to
Section 56-5-3890 must be deposited with the city or county
treasurer, as applicable, for remittance to the State Treasurer.
The State Treasurer shall deposit the Trauma Care Fund
surcharge in the South Carolina State Trauma Care Fund. The
Trauma Care Fund surcharge must not be used by the Department of
Health and Environmental Control for the payment of the
department's administrative or operating expenses or for any
purpose other than providing financial aid to participating
trauma care providers and grants related to trauma care in this
State. The Trauma Care Fund surcharge is not subject to the
provisions of Section 44-61-520(G)."
SECTION __. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720.
There is established a point system for the evaluation of
the operating record of persons to whom a license to operate
motor vehicles has been granted and for the determination of the
continuing qualifications of these persons for the privileges
granted by the license to operate motor vehicles. The system
shall have as its basic element a graduated scale of points
assigning relative values to the various violations in
accordance with the following schedule:
VIOLATION
POINTS
Reckless driving
6
Passing stopped school bus
6
Hit-and-run, property damages only
6
Driving too fast for conditions, or
speeding:
(1)
No more than 10 m.p.h. above the
posted limits
2
(2)
More than 10 m.p.h. but less than
25 m.p.h. above the
posted limits 4
(3)
25 m.p.h. or above the posted limits
6
Disobedience of any official traffic
control device
4
Disobedience to officer directing traffic
4
Failing to yield right of way
4
Driving on wrong side of road
4
Passing unlawfully
4
Turning unlawfully
4
Driving through or within safety zone
4
Failing to give signal or giving improper
signal for stopping, turning, or suddenly
decreased speed
4
Shifting lanes without safety precaution
2
Improper dangerous parking
2
Following too closely
4
Failing to dim lights
2
Operating with improper lights
2
Operating with improper brakes
4
Operating a vehicle in unsafe condition
2
Driving in improper lane
2
Improper backing
2
Distracted driving
2."
SECTION __. Section 56-5-2920 of the 1976 Code is amended to read:
"Section 56-5-2920. Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property, or while distracted or in an inattentive manner which shall include texting while driving when bodily injury occurs is guilty of reckless driving. The Department of Motor Vehicles, upon receiving satisfactory evidence of the conviction, of the entry of a plea of guilty or the forfeiture of bail of any person charged with a second and subsequent offense for the violation of this section shall forthwith suspend the driver's license of any such person for a period of three months. Only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section. Any person violating the provisions of this section shall, upon conviction, entry of a plea of guilty or forfeiture of bail, be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not more than thirty days." /
Renumber sections to conform.
Amend title to conform.