South Carolina General Assembly
114th Session, 2001-2002

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Bill 4607


                    Current Status

Bill Number:                      4607
Ratification Number:              472
Act Number:                       354
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020129
Primary Sponsor:                  Witherspoon
All Sponsors:                     Witherspoon
Drafted Document Number:          l:\council\bills\ggs\22279cm02.doc
Date Bill Passed both Bodies:     20020606
Date of Last Amendment:           20020606
Governor's Action:                S
Date of Governor's Action:        20020719
Subject:                          Rotary International and American Legion 
                                  special license plates issued; issuance of 
                                  route restricted drivers' licenses to attend 
                                  court-ordered drug programs


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020731  Act No. A354
------  20020719  Signed by Governor
------  20020610  Scrivener's error corrected
------  20020606  Ratified R472
House   20020606  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020606  Amended, read third time, 
                  returned to House with amendment
Senate  20020604  Read second time, notice of
                  general amendments
Senate  20020604  Recalled from Committee                15 ST
Senate  20020312  Introduced, read first time,           15 ST
                  referred to Committee
House   20020308  Read third time, sent to Senate
House   20020307  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20020308
House   20020305  Committee report: Favorable with       21 HEPW
                  amendment
House   20020129  Introduced, read first time,           21 HEPW
                  referred to Committee


              Versions of This Bill
Revised on March 5, 2002 - Word format
Revised on March 7, 2002 - Word format
Revised on June 4, 2002 - Word format
Revised on June 6, 2002 - Word format
Revised on June 10, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A354, R472, H4607)

AN ACT TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ASSESS A PERSON ISSUED THIS SPECIAL LICENSE PLATE AN ADDITIONAL SPECIAL FEE WHICH MUST BE DISTRIBUTED TO THE ROTARY DISTRICT IN WHICH THE PURCHASER'S HOME CLUB IS LOCATED IN THIS STATE, AND TO PROVIDE THAT OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE, SUFFICIENT FUNDS MUST BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8100, RELATING TO PRODUCTION AND DISTRIBUTION GUIDELINES FOR CERTAIN SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FROM THE ISSUANCE OF CERTAIN SPECIAL LICENSE PLATES, SUFFICIENT FUNDS MUST BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE A COURT-ORDERED DRUG PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES MAY USE A ROUTE RESTRICTED DRIVER'S LICENSE TO ATTEND A COURT-ORDERED DRUG PROGRAM; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION APPLY TO A PERSON ENROLLED IN A COURT-ORDERED DRUG PROGRAM; TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH AS AMENDED, RELATING TO DRIVER'S LICENSE SUSPENSIONS DUE TO A CONTROLLED SUBSTANCE VIOLATION AND CERTAIN OTHER VIOLATIONS, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A COURT-ORDERED DRUG PROGRAM MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 38 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE AMERICAN LEGION SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE.

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

Rotary International special license plates

SECTION 1. Section 56-3-8200(A) of the 1976 Code, as added by Act 63 of 1999, is amended to read:

"(A) The Department of Public Safety may issue motor vehicle license plates to members of Rotary International for private motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen by the license plate issuee to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."

Special license plates

SECTION 2. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:

"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate."

Special restricted driver's license

SECTION 3. Section 56-5-2990(B) of the 1976 Code, as last amended by an Act of 2002 bearing Ratification Number 381, is further amended to read:

"(B) A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment."

Special restricted driver's license

SECTION 4. Section 56-5-2951(J)(1) and (2) of the 1976 Code as amended by an Act of 2002 bearing Ratification Number 381, is amended to read:

"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee."

Special restricted driver's license

SECTION 5. Section 56-5-2951(R) of the 1976 Code, as last amended by an Act of 2002 bearing Ratification Number 381, is further amended to read:

"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."

Special restricted driver's license

SECTION 6. Section 56-1-745(C)(1) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"(1) If an individual is employed or enrolled in a college, university, or court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education, or to a court-ordered drug program, and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, university, or court-ordered drug program, that he lives further than one mile from his place of employment, education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment or place of education."

Special restricted driver's license

SECTION 7. Section 56-1-746(D)(1) and (2) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, his place of education, or the court-ordered drug program, and in the course of his employment, education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, university, or court-ordered drug program, that he lives further than one mile from his place of employment, education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or court-ordered drug program.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee."

American Legion special license plate

SECTION 8. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 38

American Legion Special License Plates

Section 56-3-3800. (A) The Department of Public Safety may issue motor vehicle license plates to members of the American Legion for private motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty dollars that must be distributed to the South Carolina American Legion. The forty dollar special fee must be deposited in an account designated by the South Carolina American Legion, and must be used to off-set the expenses associated with the South Carolina Boys and Girls State Program. Notwithstanding any other provision of law, of the fees collected in accordance with Section 56-3-2020 for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicles Division in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

Time effective

SECTION 9. This act takes effect upon approval by the Governor.

Ratified the 6th day of June, 2002.

Approved the 19th day of July, 2002.

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