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H*4022 Session 114 (2001-2002)
H*4022(Rat #0162, Act #0079 of 2001) General Bill, By Martin and McGee
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-5-70 SO AS TO SUSPEND DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR
AND FOR THIRTY DAYS THEREAFTER THE REGISTRATION, PERMITTING, SIZE, WEIGHT,
LOAD, AND TIME OF SERVICE REQUIREMENTS FOR VEHICLES RESPONDING TO THE STATE OF
EMERGENCY AND TO PRESCRIBE CERTAIN VEHICULAR AND OPERATIONAL REQUIREMENTS
DURING THIS PERIOD; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE
PROVISIONAL DRIVERS' LICENSE, SO AS TO INCREASE THE FEE FOR THE LICENSE FROM
FIVE TO ONE HUNDRED DOLLARS AND PROVIDE THAT THE ADDITIONAL REVENUE MUST BE
CREDITED TO THE GENERAL FUND OF THE STATE AND USED BY THE DEPARTMENT OF PUBLIC
SAFETY FOR THE HIRING, TRAINING, AND EQUIPPING OF MEMBERS OF THE SOUTH
CAROLINA HIGHWAY PATROL AND TRANSPORTATION POLICE AND FOR THE OPERATIONS OF
THESE ENTITIES; AND TO AMEND SECTIONS 56-1-170, 56-1-286, 56-1-390, 56-1-740,
56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, AND 56-10-270,
ALL AS AMENDED, RELATING TO OFFENSES, VIOLATIONS, POINT ACCUMULATIONS AND
REFUSALS TO BE TESTED UNDER IMPLIED CONSENT WHERE THE SUSPENSION OF THE
PERSON'S DRIVER'S LICENSE IS REQUIRED OR AUTHORIZED AND THE PERSON QUALIFIES
FOR A SPECIAL RESTRICTED DRIVER'S LICENSE UPON PAYMENT OF A FEE FOR SUCH A
LICENSE AND THE REINSTATEMENT FEE FOLLOWING A LICENSE SUSPENSION, SO AS TO
INCREASE THE FEES FOR THESE SPECIAL RESTRICTED DRIVER'S LICENSES, ELIMINATE
THE NEED FOR THE SPECIAL RESTRICTED LICENSE TO BE REISSUED UPON A CHANGE OF
ROUTES, INCREASE THE REINSTATEMENT FEE AND PROVIDE THAT THE ADDITIONAL REVENUE
OF THESE INCREASED FEES MUST BE PLACED BY THE COMPTROLLER GENERAL INTO A
SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO
DEFRAY THE EXPENSES OF THE DIVISION OF MOTOR VEHICLES.-AMENDED TITLE
04/25/01 House Introduced, read first time, placed on calendar
without reference HJ-31
04/26/01 House Amended HJ-25
04/26/01 House Read second time HJ-25
04/26/01 House Unanimous consent for third reading on next
legislative day HJ-25
04/27/01 House Read  third time and sent to Senate HJ-4
05/01/01 Senate Introduced and read first time SJ-15
05/01/01 Senate Referred to Committee on Transportation SJ-15
05/31/01 Senate Committee report: Favorable with amendment
Transportation SJ-16
06/07/01 Senate Read second time SJ-247
06/07/01 Senate Ordered to third reading with notice of
amendments SJ-247
06/20/01 Senate Amended SJ-12
06/20/01 Senate Read third time and returned to House with
amendments SJ-18
06/21/01 House Concurred in Senate amendment and enrolled HJ-6
06/28/01 Ratified R 162
07/18/01 Signed By Governor
08/06/01 Effective date 07/18/01
08/06/01 Copies available
08/06/01 Act No. 79
(A79, R162, H4022)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO SUSPEND DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR AND FOR THIRTY DAYS THEREAFTER THE REGISTRATION, PERMITTING, SIZE, WEIGHT, LOAD, AND TIME OF SERVICE REQUIREMENTS FOR VEHICLES RESPONDING TO THE STATE OF EMERGENCY AND TO PRESCRIBE CERTAIN VEHICULAR AND OPERATIONAL REQUIREMENTS DURING THIS PERIOD; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE PROVISIONAL DRIVER'S LICENSE, SO AS TO INCREASE THE FEE FOR THE LICENSE FROM FIVE TO ONE HUNDRED DOLLARS AND PROVIDE THAT THE ADDITIONAL REVENUE MUST BE CREDITED TO THE GENERAL FUND OF THE STATE AND USED BY THE DEPARTMENT OF PUBLIC SAFETY FOR THE HIRING, TRAINING, AND EQUIPPING OF MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL AND TRANSPORTATION POLICE AND FOR THE OPERATIONS OF THESE ENTITIES; AND TO AMEND SECTIONS 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, AND 56-10-270, ALL AS AMENDED, RELATING TO OFFENSES, VIOLATIONS, POINT ACCUMULATIONS AND REFUSALS TO BE TESTED UNDER IMPLIED CONSENT WHERE THE SUSPENSION OF THE PERSON'S DRIVER'S LICENSE IS REQUIRED OR AUTHORIZED AND THE PERSON QUALIFIES FOR A SPECIAL RESTRICTED DRIVER'S LICENSE UPON PAYMENT OF A FEE FOR SUCH A LICENSE AND THE REINSTATEMENT FEE FOLLOWING A LICENSE SUSPENSION, SO AS TO INCREASE THE FEES FOR THESE SPECIAL RESTRICTED DRIVER'S LICENSES, ELIMINATE THE NEED FOR THE SPECIAL RESTRICTED LICENSE TO BE REISSUED UPON A CHANGE OF ROUTES, INCREASE THE REINSTATEMENT FEE AND PROVIDE THAT THE ADDITIONAL REVENUE OF THESE INCREASED FEES MUST BE PLACED BY THE COMPTROLLER GENERAL INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE DIVISION OF MOTOR VEHICLES.
Be it enacted by the General Assembly of the State of South Carolina:
Requirements suspended
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-70. Notwithstanding any provision of this chapter or any other provision of law, during a state of emergency declared by the Governor and for thirty days thereafter, requirements relating to registration, permitting, length, width, weight, load, and time of service are suspended for commercial and utility vehicles that do not exceed a gross weight of ninety thousand pounds and a width of twelve feet responding to the state of emergency. All vehicles operated upon the public highways of this State under the authority of this section must:
(1) be operated in a safe manner;
(2) maintain required limits of insurance;
(3) be clearly identified as a utility vehicle or provide appropriate documentation indicating it is a commercial vehicle responding to the emergency."
Fees increased, use of revenue
SECTION 2. A. Section 56-1-1320 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-1-1320. (A) A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including Section 56-5-2930 and Section 56-5-2933, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of one hundred dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the director of the department or his designee.
(B) Ninety-five dollars of the collected fee must be credited to the General Fund of the State for use of the Department of Public Safety in the hiring, training, and equipping of members of the South Carolina Highway Patrol and Transportation Police and in the operations of the South Carolina Highway Patrol and Transportation Police."
B. Section 56-1-170(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
C. Section 56-1-286(K)(1) of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:
"(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and"
D. Section 56-1-390 of the 1976 Code, as last amended by Section 104, Part II, Act 100 of 1999, is further amended to read:
"Section 56-1-390. (1) Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of one hundred dollars for each suspension on his driving record that has not been reinstated. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error.
(2) The fees collected by the department under this provision must be distributed as follows: seventy dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles, twenty-nine dollars placed in the state general fund, and one dollar credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."
E. Section 56-1-740(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
F. Section 56-1-745(C)(3) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
G. Section 56-1-746(D)(3) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
H. Section 56-5-750(G)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
I. 1. Section 56-5-2951(D)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and"
2. Section 56-5-2951(J)(3) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
J. Section 56-9-430(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
K. Section 56-10-260(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
L. Section 56-10-270(c)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
M. Notwithstanding the general effective date of this act, this section takes effect July 1, 2001.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 28th day of June, 2001.
Approved the 18th day of July, 2001.
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