Indicates Matter Stricken

Indicates New Matter

Committee Report

January 19, 2023

S. 304

Introduced by Senators Turner, Climer and Verdin

S. Printed 01/19/23--S.                                                                  [SEC 1/20/2023 11:55 AM]

Read the first time January 10, 2023

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The committee on Senate Transportation

To who was referred a Bill (S. 304) to amend the South Carolina Code of Laws by amending Section 56-5-1885, relating to overtaking and passing another vehicle in the farthest left-hand lane, so as, etc., respectfully

Report:

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, SECTION 1, by striking Section 56-5-1885(E)(1) and inserting:

   (1) A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-fiveone 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 custodial arrest for a violation of this section must not be made, except upon a warrant issued for a failure to appear in court when summoned or for a failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Seventy-five percent of each fine collected pursuant to this section shall be credited to State Highway Patrol. Notwithstanding Section 56-1-640, a violation of this section must not be:

         (a) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles;

         (b) included in the criminal records maintained by SLED; or

         (c) reported to the offender's motor vehicle insurer.

Renumber sections to conform.

Amend title to conform.

LAWRENCE GROOMS for Committee.

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A bill

to amend the South Carolina Code of Laws by amending Section 56-5-1885, relating to Overtaking and passing another vehicle in the farthest left-hand lane, so as to increase the fine from twenty-five dollars to one hundred dollars and to provide that seventy-five dollars from each fine collected must be credited to the highway patrol.

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

SECTION 1.   Section 56-5-1885(E)(1) of the S.C. Code is amended to read:

   (E)(1) A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-fiveone 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 custodial arrest for a violation of this section must not be made, except upon a warrant issued for a failure to appear in court when summoned or for a failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Seventy-five dollars of each fine collected pursuant to this section shall be credited to State Highway Patrol. Notwithstanding Section 56-1-640, a violation of this section must not be:

         (a) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles;

         (b) included in the criminal records maintained by SLED; or

         (c) reported to the offender's motor vehicle insurer.

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

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