South Carolina 2025-2026 Regular Session

South Carolina House Bill H3545 Compare Versions

Only one version of the bill is available at this time.

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1	1	South Carolina General Assembly126th Session, 2025-2026
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3	3	Bill 3545
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5	5	Indicates Matter StrickenIndicates New Matter
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7	7	(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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9	9	A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 58-15-915 SO AS TO LIMIT THE TIME A TRAIN MAY BLOCK FOUR-LANE STREET INTERSECTIONS IN MUNICIPALITIES DURING CERTAIN PERIODS OF TIME. Whereas, the Supremacy Clause of Article VI of the United States Constitution provides that the laws of the United States must be the supreme law of the land, notwithstanding a contrary provision of state law, and vests in Congress the power to preempt state law; and Whereas, Congress enacted the Federal Railroad Safety Act (FRSA), 49 U.S.C. Section 20101, et seq., to regulate various railroad safety and transit matters; and Whereas, the FRSA includes a preemption clause that provides railroad security laws be uniform to the extent possible, but providing a state may adopt a more stringent law necessary to eliminate or reduce an essentially local safety or security hazard, provided the law is not incompatible with a law, regulation, or order of the United States government, and does not unreasonably burden interstate commerce; and Whereas, the General Assembly believes that Congress intended that the FRSA preempt all railroad safety legislation except state law governing an area in which the Secretary of Transportation has not issued a regulation or order and where the state law is stricter than federal regulations when necessary to address local problems; and Whereas, the General Assembly finds no federal provision concerning specific time limits for which a train or locomotive may block a congested street or highway intersection; and Whereas, consequently, the State of South Carolina may act to impose such time limits in the interest of motor safety in this State until superseded by federal law or regulations specific to this issue. Now, therefore, Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Article 9, Chapter 15, Title 58 of the S.C. Code is amended by adding: Section 58-15-915. A train operating in a municipality between the hours of 7 a.m. to 9 a.m., 12 p.m. to 2 p.m., and 4 p.m. to 6 p.m. may not block a four-lane intersection of a public road for more than five minutes in a one hour period. SECTION 2. This act takes effect upon approval by the Governor. ----XX----
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27	27	A bill
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31	31	TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 58-15-915 SO AS TO LIMIT THE TIME A TRAIN MAY BLOCK FOUR-LANE STREET INTERSECTIONS IN MUNICIPALITIES DURING CERTAIN PERIODS OF TIME.
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35	35	Whereas, the Supremacy Clause of Article VI of the United States Constitution provides that the laws of the United States must be the supreme law of the land, notwithstanding a contrary provision of state law, and vests in Congress the power to preempt state law; and
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39	39	Whereas, Congress enacted the Federal Railroad Safety Act (FRSA), 49 U.S.C. Section 20101, et seq., to regulate various railroad safety and transit matters; and
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43	43	Whereas, the FRSA includes a preemption clause that provides railroad security laws be uniform to the extent possible, but providing a state may adopt a more stringent law necessary to eliminate or reduce an essentially local safety or security hazard, provided the law is not incompatible with a law, regulation, or order of the United States government, and does not unreasonably burden interstate commerce; and
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47	47	Whereas, the General Assembly believes that Congress intended that the FRSA preempt all railroad safety legislation except state law governing an area in which the Secretary of Transportation has not issued a regulation or order and where the state law is stricter than federal regulations when necessary to address local problems; and
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51	51	Whereas, the General Assembly finds no federal provision concerning specific time limits for which a train or locomotive may block a congested street or highway intersection; and
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55	55	Whereas, consequently, the State of South Carolina may act to impose such time limits in the interest of motor safety in this State until superseded by federal law or regulations specific to this issue. Now, therefore,
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59	59	Be it enacted by the General Assembly of the State of South Carolina:
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63	63	SECTION 1. Article 9, Chapter 15, Title 58 of the S.C. Code is amended by adding:
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67	67	Section 58-15-915. A train operating in a municipality between the hours of 7 a.m. to 9 a.m., 12 p.m. to 2 p.m., and 4 p.m. to 6 p.m. may not block a four-lane intersection of a public road for more than five minutes in a one hour period.
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71	71	SECTION 2. This act takes effect upon approval by the Governor.
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75	75	This web page was last updated on December 06, 2024 at 12:32 PM