SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE
S
TATEMENT OF ESTIMATED FISCAL IMPACT
WWW.RFA.SC.GOV • (803)734-3793
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation.
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H. 3276
Fiscal Impact Summary
This bill enacts the South Carolina Hands-Free and Distracted Driving Act, which prohibits the
use of a mobile electronic device while operating a motor vehicle on any public highway in the
state, with the exception of an earpiece or device worn on a wrist to conduct voice-based
communication. The bill also prohibits the reading, composition, or transmission of text and the
viewing of motion. Additionally, the bill specifies that, among other exceptions, the prohibition
does not apply to a first responder while performing official duties, reporting an accident or
emergency, using navigation, or listening to audio-based content. Further, the bill requires the
Department of Transportation (DOT) to erect a sign at every highway ingress to advise motorists
of the provisions of the bill.
This bill creates a felony offense for a violation that results in death and other offenses for
violation of the bill which does not result in death. As these are new offenses, there are no data
to determine the number of new cases that may be heard in the court system.
This bill may result in an increase in the number of court cases and potentially the number of
incarcerations, which may increase the workload of the court system and the Commission of
Indigent Defense, the Commission on Prosecution Coordination, the Department of Corrections,
and the Department of Probation, Parole, and Pardon Services (PPP). Judicial anticipates that
the potential impact of the caseload in court can be managed within existing appropriations.
Additionally, the potential increase in expenses for each agency will depend upon the increase in
the number of cases and number of incarcerations. These agencies indicate that if this bill results
in a significant increase in the workload, then an increase in General Fund appropriations may be
requested. For information, according to Corrections, in FY 2023-24, the annual total cost per
inmate was $40,429, of which $36,553 was state funded.
The Department of Motor Vehicles (DMV), the Department of Public Safety (DPS), and DOT
anticipate that the bill will increase expenditures by an undetermined amount. However, all three
agencies expect to manage the increase within their existing appropriations. Therefore, there is
no expenditure impact to DMV, DPS, or DOT.
This bill may result in an increase in the number of court cases and potentially the number of
incarcerations, which may increase the workload of the court system and local jails, depending
upon the imprisonment term. The potential increase in expenses will depend upon the increase
Bill Number: H. 3276 Introduced on Januar
y 14, 2025
Subject: SC Hands-Free Act
Requestor: House Judiciary
RFA Analyst(s): Griffith
Impact Date: February 14, 2025 - Updated for Additional Agency Response
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H. 3276
in the number of cases and number of incarcerations. The potential increase in expenses for local
jails will depend upon the increase in the number of cases and number of incarcerations.
This bill may result in an increase in the fines and fees collected in court. The bill specifies that
twenty-five percent of the fines imposed for violations of the bill must go to DPS for educating
the public on the dangers of distracted driving. The remaining seventy-five percent of court fines
and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, the
Revenue and Fiscal Affairs Office (RFA) anticipates this bill may result in an increase to
General Fund and Other Funds revenue due to the change in fines and fees collections in court.
This fiscal impact statement has been updated to include a response from Judicial.
Explanation of Fiscal Impact
Updated for Additional Agency Response on February 14, 2025
Introduced on January 14, 2025
State Expenditure
This bill enacts the South Carolina Hands-Free and Distracted Driving Act, which prohibits the
use of a mobile electronic device while operating a motor vehicle on any public highway in the
state, with the exception of an earpiece or device worn on a wrist to conduct voice-based
communication. The bill also prohibits the reading, composition, or transmission of text and the
viewing of motion. Additionally, the bill specifies that, among other exceptions, the prohibition
does not apply to a first responder while performing official duties, reporting an accident or
emergency, using navigation, or listening to audio-based content. Further, the bill requires DOT
to erect a sign at every highway ingress to advise motorists of the provisions of the bill.
The penalties for a person who is convicted of the provisions of the bill are as follows:
for a first offense, a $100 fine
for a second or subsequent offense, a $200 fine and two points assessed against the
driver’s motor vehicle operating record
However, if the second or subsequent violation causes great bodily injury, the person must be
fined $1,000 and sentenced to not more than five years. If the second or subsequent violation
causes death, the person is convicted of a felony and must be fined $5,000 and imprisoned not
more than five years. In both the cases of great bodily injury and death, DMV shall suspend the
driver’s license of the convicted person.
This bill creates a felony offense and other offenses. As these are new offenses, there are no data
to determine the number of new cases that may be heard in the court system.
This bill may result in an increase in the number of court cases and potentially the number of
incarcerations, which may increase the workload of the court system and the Commission of
Indigent Defense, the Commission on Prosecution Coordination, the Department of Corrections,
and PPP. Judicial anticipates that the potential impact of the caseload in court can be managed
within existing appropriations. Additionally, the potential increase in expenses for each agency
will depend upon the increase in the number of cases and number of incarcerations. These
__________________________________
Frank A. Rainwater, Executive Director
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT.
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H. 3276
agencies indicate that if this bill results in a significant increase in the workload, then an increase
in General Fund appropriations may be requested. For information, according to Corrections, in
FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded.
This fiscal impact statement has been updated to include a response from Judicial.
Department of Motor Vehicles. The bill charges DMV with additional responsibilities that the
agency will accomplish with existing staff and resources. Therefore, there is no expenditure
impact to DMV. However, DMV indicates that the complex coding changes to its IT system will
require at least twelve months to implement and test.
Department of Public Safety. The SC State Transport Police, under DPS, anticipates that
enforcing the provisions of the bill will increase agency expenditures by an undetermined
amount. However, DPS expects to manage the increase with its existing appropriations.
Therefore, there is no expenditure impact to DPS.
Department of Transportation. The bill requires DOT to erect a sign at every interstate
highway ingress advising motorists of the provisions of the act. DOT reports that the total cost
to erect 658 signs is approximately $90,700. However, the agency expects to be able to manage
the requirements of the bill with its existing appropriations.
State Revenue
This bill may result in an increase in the fines and fees collected in court. The bill specifies that
twenty-five percent of the fines imposed for violations of the bill must go to DPS for educating
the public on the dangers of distracted driving. The remaining seventy-five percent of court fines
and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA
anticipates this bill may result in an increase to General Fund and Other Funds revenue due to
the change in fines and fees collections in court.
Local Expenditure
This bill may result in an increase in the number of court cases and potentially the number of
incarcerations, which may increase the workload of the court system and local jails, depending
upon the imprisonment term. The potential increase in expenses will depend upon the increase
in the number of cases and number of incarcerations. The potential increase in expenses for local
jails will depend upon the increase in the number of cases and number of incarcerations.
Local Revenue
This bill may result in an increase in the fines and fees collected in court. The bill specifies that
twenty-five percent of the fines imposed for violations of the bill must go to DPS for educating
the public on the dangers of distracted driving. The remaining seventy-five percent of court fines
and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA
anticipates this bill may result in an increase to local revenue due to the change in fines and fees
collections in court.