S*0766(Rat #0355, Act #0393 of 2006)  General Bill, By Verdin
 AN ACT TO AMEND SECTION 58-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION
 ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT A MOTOR
 VEHICLE CARRIER FROM ADVERTISING OR HOLDING THE MOTOR CARRIER OUT AS AN
 OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING
 OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION
 58-23-80, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS RELATING TO
 REGULATION OF MOTOR CARRIERS, SO AS TO EXTEND THESE PENALTIES FOR VIOLATIONS
 WITH RESPECT TO THE OFFICE OF REGULATORY STAFF, TO MAKE IT UNLAWFUL FOR
 CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A
 PASSENGER CARRIER TO VIOLATE OR AID OR ABET A VIOLATION OF MOTOR CARRIER
 REGULATIONS, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR
 OTHER PERSONS ADVERTISING AS A CARRIER OF HOUSEHOLD GOODS OR HAZARDOUS WASTE
 FOR DISPOSAL TO VIOLATE OR AID OR ABET A VIOLATION OF THE CERTIFICATION AND
 REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS, TO IMPOSE CRIMINAL PENALTIES FOR
 VIOLATIONS, AND TO PROVIDE THAT THESE NEW OFFENSES MUST NOT BE CHARGED MORE
 THAN ONCE FOR A SINGLE LOAD. - ratified title

   04/18/05  Senate Introduced and read first time SJ-17
   04/18/05  Senate Referred to Committee on Transportation SJ-17
   02/01/06  Senate Committee report: Favorable Transportation SJ-40
   02/02/06  Senate Read second time SJ-7
   02/07/06  Senate Read third time and sent to House SJ-19
   02/08/06  House  Introduced and read first time HJ-10
   02/08/06  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-10
   05/17/06  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-4
   05/24/06  House  Amended HJ-20
   05/24/06  House  Read second time HJ-22
   05/25/06  House  Read third time and returned to Senate with
                     amendments HJ-12
   05/30/06  Senate Concurred in House amendment and enrolled SJ-100
   05/31/06         Ratified R 355
   06/06/06         Vetoed by Governor
   06/14/06  Senate Veto overridden by originating body Yeas-45 
                     Nays-0 SJ-83
   06/14/06  House  Veto overridden Yeas-77  Nays-23 HJ-161
   06/21/06         Copies available
   06/21/06         Effective date 06/14/06
   06/28/06         Act No. 393

(A393, R355, S766)

AN ACT TO AMEND SECTION 58-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT A MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING THE MOTOR CARRIER OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS RELATING TO REGULATION OF MOTOR CARRIERS, SO AS TO EXTEND THESE PENALTIES FOR VIOLATIONS WITH RESPECT TO THE OFFICE OF REGULATORY STAFF, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A PASSENGER CARRIER TO VIOLATE OR AID OR ABET A VIOLATION OF MOTOR CARRIER REGULATIONS, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A CARRIER OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL TO VIOLATE OR AID OR ABET A VIOLATION OF THE CERTIFICATION AND REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS, TO IMPOSE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THESE NEW OFFENSES MUST NOT BE CHARGED MORE THAN ONCE FOR A SINGLE LOAD.

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

Certificate required

SECTION    1.    Section 58-23-40 of the 1976 Code, as last amended by Act 318 of 2006, is amended to read:

"Section 58-23-40.    A motor vehicle carrier shall obtain a certificate from the Office of Regulatory Staff, pursuant to the provisions of Article 3 of this chapter and pay the license fee required pursuant to Article 5 of this chapter before the motor vehicle carrier may: (1) transport persons or property for compensation on any improved public highway in this State; or (2) advertise as an operator for the transportation of persons or property for compensation on any improved public highway in this State."

Penalties for violations

SECTION    2.    Section 58-23-80 of the 1976 Code, as last amended by Act 318 of 2006, is further amended to read:

"Section 58-23-80.    (A)    Unless otherwise provided in this section, an officer, agent, or employee of a corporation and any other person who wilfully violates or fails to comply with or who procures, aids, or abets in the violation of any provision of Articles 1 through 12 of this chapter or who fails to obey, observe, or comply with any lawful order, decision, regulation, direction, demand, or requirement of the commission or the Office of Regulatory Staff or any part or provision thereof is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days.

(B)    An officer, agent, or employee of a corporation or any other person operating as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both. A violation must not be charged more than once for any single load.

(C)    An officer, agent, or employee of a corporation or any other person operating as a carrier of household goods or as a carrier of hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements provided pursuant to Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E). A violation must not be charged more than once for any single load.

(D)    An officer, agent, or employee of a corporation or any other person advertising as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars. A violation must not be charged more than once for any single load.

(E)    An officer, agent, or employee of a corporation or any other person advertising as a carrier of household goods or hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements provided pursuant to Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E). A violation must not be charged more than once for any single load."

Time effective

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

Ratified the 31st day of May, 2006.

Vetoed by the Governor -- 6/6/06.

Veto overridden by Senate -- 6/14/06.

Veto overridden by House -- 6/14/06.