Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 20, 2024

 

H. 4609

 

Introduced by Reps. Hixon and B. L. Cox

 

S. Printed 03/20/24--H.

Read the first time January 09, 2024

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (H. 4609) to amend the South Carolina Code of Laws by amending Section 56-2-105, relating to golf cart permits and the operation of golf carts, so as to provide certain municipalities, 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 56-2-105(F)(3) and inserting:

       (3) In a county with a population of no less than one hundred fifty thousand and no more than two hundred fifty thousand personsall counties:

           (a) if a municipality has jurisdiction over a barrier island, thea municipality may enact an ordinance allowing for the operation of a golf cart at night on in designated portions areas of the barrier island within the municipality, provided the golf cart is equipped with working headlights and rear lights; or

           (b) if a barrier island or county area is not within the jurisdiction of a municipality, the county in which the barrier island or county area is located may enact an ordinance allowing for the operation of a golf cart at night on in designated portions of the county, provided the golf cart is equipped with working headlights and rear lights.

    If a municipality or county enacts an ordinance allowing golf carts to operate at night,the ordinance shall contain a description of the boundary of the designated area on a barrier island, the requirements of subsection (C), other than operation in daylight hours only, shall still apply to all permitted golf carts.

 

Renumber sections to conform.

Amend title to conform.

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

Local Expenditure

This bill provides that in counties with a population of no less than 150,000 and no more than 250,000 persons, a municipality may enact an ordinance to allow golf carts to operate in designated areas within their jurisdiction at night. Previously, only municipalities with jurisdiction over a barrier island were authorized to enact such ordinances. Further, if the designated area is not within the jurisdiction of a municipality, the county in which the designated area is located may enact an ordinance allowing for the operation of a golf cart at night under certain conditions. For reference, according to the 2020 U.S. Census, Aiken, Anderson, Beaufort, Berkeley, and Dorchester counties have populations between 150,000 and 250,000 persons.

 

RFA contacted all county governments and MASC regarding the expenditure impact of this bill and received a response from MASC. MASC indicates that this bill may increase expenses if a qualifying municipality decides to enact an ordinance to permit night driving of golf carts and experiences an increase in the number of golf-cart related calls requiring assistance from first responders. However, MASC notes that any municipality that enacts such an ordinance may choose to repeal the ordinance and prohibit or limit night driving as appropriate. Due to the permissive nature of the bill, the expenditure impact on local governments is undetermined and will vary by locality.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-2-105, RELATING TO GOLF CART PERMITs AND THE OPERATION OF GOLF CARTs, SO AS TO PROVIDE CERTAIN MUNICIPALITIES AND COUNTIES MAY ENACT ORDINANCES TO ALLOW GOLF CARTS TO OPERATE IN DESIGNATED AREAS WITHIN THEIR JURISDICTIONS AT NIGHT.

 

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

 

SECTION 1.  Section 56-2-105(F) of the S.C. Code is amended to read:

 

    (F)(1) A political subdivision may, on designated streets or roads within the political subdivision's jurisdiction, reduce the area in which a permitted golf cart may operate from four miles to no less than two miles.

       (2) A political subdivision may, on primary highways, secondary highways, streets, or roads within the political subdivision's jurisdiction, create separate golf cart paths on the shoulder of its primary highways, secondary highways, streets, and roads for the purpose of golf cart transportation, if:

           (a) the political subdivision obtains the necessary approvals, if any, to create the golf cart paths; and

           (b) the golf cart path is:

               (i) separated from the traffic lanes by a hard concrete curb;

               (ii) separated from the traffic lanes by parking spaces; or

               (iii) separated from the traffic lanes by a distance of four feet or more.

       (3) In a county with a population of no less than one hundred fifty thousand and no more than two hundred fifty thousand persons:

           (a) if a municipality has jurisdiction over a barrier island, thea municipality may enact an ordinance allowing for the operation of a golf cart at night on in designated portions areas of the barrier island within the municipality, provided the golf cart is equipped with working headlights and rear lights; or

           (b) if a barrier island designated area is not within the jurisdiction of a municipality, the county in which the barrier island designated area is located may enact an ordinance allowing for the operation of a golf cart at night on in designated portions of the county, provided the golf cart is equipped with working headlights and rear lights.

    If a municipality or county enacts an ordinance allowing golf carts to operate at night on a barrier island, the requirements of subsection (C), other than operation in daylight hours only, shall still apply to all permitted golf carts.

       (4) A political subdivision may not reduce or otherwise amend the other restrictions placed on the operation of a permitted golf cart contained in this section.

 

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

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