South Carolina General Assembly121st Session, 2015-2016

S. 392

STATUS INFORMATION

General BillSponsors: Senator ScottDocument Path: l:\council\bills\bh\26222cm15.docxCompanion/Similar bill(s): 3008

Introduced in the Senate on January 29, 2015Currently residing in the Senate Committee on Transportation

Summary: Highway traffic

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number 1/29/2015 Senate Introduced and read first time (Senate Journal - page 3 )1/29/2015 Senate Referred to Committee on Transportation (Senate Journal - page 3 )

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VERSIONS OF THIS BILL

1/29/2015

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-100 SO AS TO PROVIDE THAT A STATE STATUTE THAT REGULATES HIGHWAY TRAFFIC PREEMPTS A LOCAL ORDINANCE, RULE OR REGULATION THAT CONFLICTS WITH THE STATUTE, AND THAT A LOCAL GOVERNMENTAL BODY MAY NOT ENACT A PROVISION THAT CONFLICTS WITH A STATE STATUTE THAT REGULATES HIGHWAY TRAFFIC; AND TO AMEND SECTION 56-5-30, RELATING TO THE APPLICABILITY OF THE STATE’S UNIFORM TRAFFIC LAWS UPON THE STATE’S POLITICAL SUBDIVISIONS, SO AS TO DELETE THE PROVISION THAT ALLOWS A POLITICAL SUBDIVISION OF THE STATE TO ADOPT TRAFFIC REGULATIONS WHICH ARE NOT IN CONFLICT WITH THE STATUTES THAT REGULATE HIGHWAY TRAFFIC.

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

SECTION 1. Article 1, Chapter 5, Title 56 of the 1976 Code is amended by adding:

“Section 56-5-100. A state statute pursuant to the provisions of this chapter preempts any local ordinance, rule, or regulation which alters, amends, or otherwise conflicts with a state statute; and a political subdivision, county, or municipality may not enact or enforce any such local ordinance, rule, or regulation.”

SECTION 2. Section 56-5-30 of the 1976 Code is amended to read:

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“Section 56-5-30. The provisions of this chapter shall be applicable and uniform throughout this State and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may, however, subject to the limitations prescribed in Section 56-5-930, adopt additional traffic regulations which are not in conflict with the provisions of this chapter.”

SECTION 3. This act takes effect upon approval by the Governor.

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