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A51, R116, S342
STATUS INFORMATION
General Bill
Sponsors: Senator McConnell
Document Path: l:\council\bills\swb\5198cm03.doc
Companion/Similar bill(s): 394, 3538
Introduced in the Senate on February 11, 2003
Introduced in the House on April 10, 2003
Last Amended on May 29, 2003
Passed by the General Assembly on May 29, 2003
Governor's Action: June 5, 2003, Signed
Summary: DMV Reform
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/11/2003 Senate Introduced and read first time SJ-4
2/11/2003 Senate Referred to Committee on Transportation SJ-4
4/3/2003 Senate Committee report: Favorable Transportation SJ-7
4/8/2003 Senate Read second time SJ-40
4/8/2003 Senate Ordered to third reading with notice of amendments SJ-40
4/9/2003 Senate Read third time and sent to House SJ-30
4/10/2003 House Introduced and read first time HJ-10
4/10/2003 House Referred to Committee on Education and Public Works HJ-10
5/13/2003 House Committee report: Favorable with amendment Education and
Public Works HJ-3
5/14/2003 Scrivener's error corrected
5/15/2003 House Amended HJ-24
5/15/2003 House Read second time HJ-36
5/15/2003 House Unanimous consent for third reading on next legislative
day HJ-36
5/16/2003 House Read third time and returned to Senate with amendments
HJ-2
5/20/2003 Senate House amendment amended SJ-4
5/20/2003 Senate Returned to House with amendments SJ-4
5/21/2003 House Non-concurrence in Senate amendment HJ-2
5/21/2003 Scrivener's error corrected
5/21/2003 Senate Senate insists upon amendment and conference committee
appointed Sens. Ryberg, Hutto, Ritchie SJ-16
5/22/2003 House Conference committee appointed Reps. Townsend, JM Neal
and Gilham HJ-2
5/28/2003 Senate Free conference powers granted SJ-19
5/28/2003 Senate Free conference committee appointed Ryberg, Hutto,
Ritchie SJ-19
5/29/2003 House Free conference powers granted HJ-36
5/29/2003 House Free conference committee appointed Reps. Townsend, JM
Neal and Gilham HJ-38
5/29/2003 House Free conference report adopted HJ-38
5/29/2003 Senate Free conference report received and adopted SJ-19
5/29/2003 House Ordered enrolled for ratification HJ-63
6/3/2003 Ratified R 116
6/5/2003 Signed By Governor
6/19/2003 Copies available
6/19/2003 Effective date See Act for Effective Date
6/26/2003 Act No. 51
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/11/2003
4/3/2003
5/13/2003
5/14/2003
5/15/2003
5/20/2003
5/21/2003
5/29/2003
(A51, R116, S342)
AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES; TO ENACT THE DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003; BY ADDING SECTION 56-1-5 SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ADMINISTRATIVE AGENCY OF STATE GOVERNMENT; TO TRANSFER ALL FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, AND AUTHORITY STATUTORILY EXERCISED BY THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES AND HIS DUTIES AND RESPONSIBILITIES, AND TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL CONDUCT AN INDEPENDENT REVIEW OF THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE EMPLOYEES, FUNDS, APPROPRIATIONS, ASSETS, LIABILITIES, BONDED INDEBTEDNESS, REAL AND PERSONAL PROPERTY, CONTRACTUAL RIGHTS, AND OBLIGATIONS OF THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT OF THE DEPARTMENT OF PUBLIC SAFETY ARE TRANSFERRED TO AND BECOME PART OF THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL HAVE ACCESS TO CERTAIN DATA AND REPORTS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OR THE DEPARTMENT OF PUBLIC SAFETY, OR BOTH, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST IMPLEMENT MOTOR CARRIER SERVICES IN SIX LOCATIONS THROUGHOUT THE STATE, TO CREATE AN INTERAGENCY ADVISORY COUNCIL BETWEEN THE STATE TRANSPORT POLICE AND THE MOTOR CARRIER SERVICES TO FACILITATE A SMOOTH AND EFFICIENT TRANSITION AND ENSURE EFFICIENT INFORMATION EXCHANGES, AND TO PROVIDE THAT THE GOVERNOR SHALL DESIGNATE A LEAD AGENCY TO DISTRIBUTE FEDERAL MOTOR CARRIER SAFETY GRANTS AND FUNDS; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST ENTER INTO CONTRACTS WITH VARIOUS ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION, TO PROVIDE THAT AN ENTITY MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT TO PROVIDE THIS SERVICE, TO PROVIDE THAT THE DEPARTMENT MUST RANDOMLY TEST DRIVER'S LICENSE APPLICANTS WHO SUCCESSFULLY COMPLETE A DRIVER'S LICENSE EXAMINATION ADMINISTERED BY AN ENTITY, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY SUSPEND THE AUTHORITY OR CONTRACT OF AN ENTITY UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL REGISTER CERTAIN PERSONS FOR THE UNITED STATES SELECTIVE SERVICE WHEN THEY APPLY FOR THE ISSUANCE, RENEWAL, OR A DUPLICATE COPY OF CERTAIN DRIVER'S LICENSES OR AN IDENTIFICATION CARD; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, TO DELETE THE RESPONSIBILITIES IT ASSUMED WHEN CERTAIN FUNCTIONS OF THE DIVISION OF MOTOR VEHICLES WERE TRANSFERRED TO IT, AND TO DELETE ITS MOTOR VEHICLE LICENSING, REGISTRATION, AND TITLING FUNCTIONS; TO AMEND SECTION 23-6-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, AND CERTAIN RESPONSIBILITIES THAT WERE TRANSFERRED TO THE DEPARTMENT WHEN IT WAS ESTABLISHED; TO AMEND SECTION 23-6-30, AS AMENDED, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE CERTAIN DUTIES AND POWERS OF THE DEPARTMENT TO INCLUDE LICENSE SUSPENSIONS AND REVOCATIONS, THE TITLING AND REGISTRATION OF MOTOR VEHICLES, THE LICENSING OF MOTOR VEHICLE OPERATORS, THE COLLECTION OF LICENSE, REGISTRATION, TITLING, AND OTHER FEES, AND THE MAINTENANCE OF AN AUTOMATED SYSTEM FOR THE STORAGE AND RETRIEVAL OF ALL MOTOR VEHICLE AND MOTOR VEHICLE OPERATOR RECORDS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS CONCERNING THE REGULATION OF MOTOR VEHICLES IN THIS STATE, SO AS TO REVISE THE DEFINITION OF THE TERM "DEPARTMENT" TO MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES AND THE DEPARTMENT OF PUBLIC SAFETY UNDER OTHER CIRCUMSTANCES; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO WHEN A DRIVER'S LICENSE IS NO LONGER VALID, AND THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THE CIRCUMSTANCES UPON WHICH A DRIVER'S LICENSE IS VALID FOR FIVE YEARS AND THE CIRCUMSTANCES UPON WHICH A DRIVER'S LICENSE IS VALID FOR TEN YEARS, TO DELETE A PROVISION THAT REQUIRES A DRIVER'S LICENSE APPLICANT TO SUCCESSFULLY PASS A VISION TEST AND THE CIRCUMSTANCES UPON WHICH THIS TEST MAY BE WAIVED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW A PERSON TO RENEW HIS DRIVER'S LICENSE ELECTRONICALLY, TO SUBSTITUTE THE TERM VISION SCREENING FOR THE TERM VISUAL EXAMINATION; TO AMEND SECTION 56-1-220, AS AMENDED, RELATING TO THE EYE EXAMINATION THAT IS REQUIRED OF A PERSON WHO SEEKS TO RENEW HIS DRIVER'S LICENSE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON WHO SEEKS TO RENEW HIS DRIVER'S LICENSE MUST HAVE HIS EYES EXAMINED OR SCREENED; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID CERTAIN PROPERTY TAXES, AND TO THE DEPARTMENT'S ISSUANCE OF BIENNIAL LICENSE PLATES AND REVALIDATION DECALS, SO AS TO PROVIDE THAT THIS PROVISION RELATES TO PERSONAL PROPERTY TAXES, TO PROVIDE THAT THESE FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF MOTOR VEHICLES FROM THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACT WITH CERTAIN ENTITIES TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, AND TO PROVIDE THAT THESE ENTITIES MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT FOR THE PROVISION OF THESE SERVICES; TO AMEND SECTION 56-19-420, AS AMENDED, RELATING TO CERTAIN FEES THAT MAY BE CHARGED FOR THE ISSUANCE OF CERTAIN MOTOR VEHICLE TITLES, SO AS TO INCREASE THE FEE THAT MAY BE CHARGED FOR THE ISSUANCE OF THESE TITLES, AND TO PROVIDE THAT A PORTION OF THIS FEE MUST BE USED BY THE DEPARTMENT OF MOTOR VEHICLES TO DEFRAY CERTAIN OPERATIONAL EXPENSES; TO REPEAL SECTION 23-6-35 RELATING TO CERTAIN FEES THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING COPIES OF CERTAIN RECORDS, AND ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT THE TERMS MOTOR VEHICLE DIVISION, MOTOR VEHICLES DIVISION, DIVISION OF MOTOR VEHICLE, AND DIVISION OF MOTOR VEHICLES SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES, UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE TERM DEPARTMENT OF PUBLIC SAFETY SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DISCLOSE ANY CONFIDENTIAL INFORMATION WHICH BELONGS TO THE DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE DIVISION UNDER CERTAIN CIRCUMSTANCES DURING OR AFTER THE TRANSFER OF THE CONFIDENTIAL INFORMATION FROM THE MOTOR VEHICLE DIVISION TO THE DEPARTMENT OF MOTOR VEHICLES, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION; BY ADDING SECTION 56-1-215 SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES A PERSON MAY HAVE HIS LICENSE RENEWED WITHOUT TAKING THE ROAD TEST OR A WRITTEN EXAMINATION; TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS PROHIBITED FROM HIRING ADDITIONAL EMPLOYEES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 29-5-10, AS AMENDED, RELATING TO MECHANICS LIENS CONCERNING A PERSON WHO FURNISHES LABOR AND MATERIAL FOR THE ERECTION, ALTERATION, OR REPAIR OF A BUILDING OR STRUCTURES, SO AS TO REVISE THE COMPONENTS OF THE TERM "WORK OF MAKING THE REAL ESTATE SUITABLE AS A SITE FOR A BUILDING OR STRUCTURE" TO INCLUDE THE DISPOSAL OF CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS; AND BY ADDING SECTION 29-5-27 SO AS TO PROVIDE THAT ANY PERSON PROVIDING CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL SERVICES IS A LABORER, AND TO PROVIDE A DEFINITION FOR THE TERM PERSON.
Be it enacted by the General Assembly of the State of South Carolina:
Elks Association special license plates
SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-4100. (A) The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'South Carolina Elks Association'. The fee for this special license plate is the regular motor vehicle license fee set forth in Article 5 and the special fee required by Section 56-3-2020. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) 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 license plate. Any remaining funds must be deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Elks Association to be used to support its Alzheimer's state project.
(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive 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 and, a plan to market the sale of the special license plate must be approved by the department. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.
(D) If the department receives less than three hundred biennial applications and renewals for the 'South Carolina Elks Association' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."
Department of Motor Vehicles Reform Act of 2003
SECTION 2. Sections 2 through 21 of this bill may be cited as the Department of Motor Vehicles Reform Act of 2003.
Department of Motor Vehicles established
SECTION 3. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-5. (A) The South Carolina Department of Motor Vehicles is hereby established as an administrative agency of the state government.
(B) Upon the signature of the Governor, all functions, powers, duties, responsibilities, and authority statutorily exercised by the Motor Vehicle Division and the Motor Carrier Services unit within the Department of Public Safety are transferred to and devolved upon the Department of Motor Vehicles.
(C) The Executive Director of the Department of Motor Vehicles shall be appointed by the Governor and confirmed by the Senate. The executive director shall serve at the pleasure of the Governor.
(D) The executive director is the executive and administrative head of the Department of Motor Vehicles. The executive director shall administer the policies defined by the department and the affairs of the department.
(E) The executive director may appoint assistants, deputies, and employees as the executive director considers necessary and proper to administer the affairs of the department and may prescribe their duties, powers, and functions.
(F) The Legislative Audit Council shall conduct an independent review of the Department of Motor Vehicles every three years."
Department of Motor Vehicles established
SECTION 4. (A) The employees, funds, appropriations, assets, liabilities, bonded indebtedness, if applicable, real and personal property, contractual rights and obligations of the Motor Vehicle Division and the Motor Carrier Services unit of the Department of Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. All classified or unclassified personnel of the Motor Vehicle Division and the Motor Carrier Services unit, on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Motor Vehicles, with the same compensation, classification, and grade level, as applicable. All Motor Carrier Services unit systems and resources necessary for the full and proper administration of its current responsibilities including, but not limited to, the International Fuel Tax Agreement, International Registration Plan, Single State Registration System, Certificate of Compliance, and Performance Registration Information System Management are also transferred to the Department of Motor Vehicles. In addition all future Motor Carrier Services unit related responsibilities and functions shall be administered by the Department of Motor Vehicles. Where the functions of the Department of Public Safety and the divisions have been devolved on more than one department or division, the general support services of the Department of Public Safety must be transferred to the restructured Department of Public Safety and Department of Motor Vehicles. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department of Motor Vehicles prescribe the manner in which the transfer provided for in this section shall be accomplished.
(B) Employees or personnel transferred to the Department of Motor Vehicles pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. If the Department of Public Safety transfers office locations and facilities which it now occupies, then the employees or personnel transferred to the Department of Motor Vehicles shall transfer with the Department of Public Safety to the new locations and facilities unless or until otherwise changed by appropriate action and authorization. The rent and physical plan operating costs of the offices and facilities occupied by the employees and personnel transferred to the Department of Motor Vehicles shall continue to be paid by the Department of Public Safety until otherwise provided by the General Assembly. Any existing contracts or agreements entered into by the Department of Public Safety regarding office locations and facilities of employees or personnel transferred to the department of Motor Vehicles will continue in force and effect and will be binding upon the Department of Public Safety.
(C) The personnel records and files of the Department of Public Safety shall continue to remain the property of the Department of Public Safety, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the Department of Motor Vehicles.
(D) Unless otherwise provided in this section or by law, all fines, fees, forfeitures, or revenues imposed or levied by the Motor Vehicle Division and the Motor Carrier Services unit of the Department of Public Safety transferred to the Department of Motor Vehicles must continue to be used and expended for those purposes provided before the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, these funds must continue to be used for these purposes.
(E) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall provide the manner in which the provision of subsections (A), (B), (C), and (D) must be implemented where agreement between the Department of Public Safety and the Department of Motor Vehicles cannot be obtained.
(F) The Department of Transportation shall have access, in compliance with all state and federal privacy protection statutes, to the following data and reports maintained by the Department of Motor Vehicles or the Department of Public Safety, or both:
(1) collision data and collision reports;
(2) registration information used for toll enforcement; and
(3) driver records of employees or persons who have applied for employment with the Department of Transportation.
(G) The Department of Motor Vehicles must implement, in existing branch facilities to be determined by the department, Motor Carrier Services in six locations throughout the State. This shall be implemented six months following the Governor's signature.
The Department of Motor Vehicles will make every effort to begin the process of determining the feasibility of integrating its database with the Motor Carrier Services database.
An interagency advisory council between the State Transport Police and the Motor Carrier Services is to be created to make recommendations to facilitate a smooth and efficient transition and ensure efficient information exchange. This council shall be made up of a representative of the State Transport Police Division appointed by the Director of the Department of Public Safety, a representative of the Motor Carrier Services appointed by the Director of the Department of Motor Vehicles, a representative of the South Carolina Department of Transportation appointed by the Director of the South Carolina Department of Transportation, a member of the motor carrier services industry appointed by the Governor, and a member of the automobile dealers industry appointed by the Governor. The council must make recommendations to coordinate the deployment of a public/private electronic preclearance weight state bypass system, as approved by the South Carolina General Assembly in 2002.
As federally mandated, the Governor shall designate a lead agency to distribute federal motor carrier safety grants and funds. As federally mandated, this lead agency shall design a plan each year to be submitted to the Federal Motor Carrier Safety Administration for the distribution of funds.
Administration of driver's license examination
SECTION 5. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-15. (A) The Department of Motor Vehicles must enter into contracts with persons, corporations, or governmental subdivisions, including public schools, in localities throughout the State to administer the portion of the driver's license examination that tests the driver's license applicant's ability to read and understand highway signs that regulate, warn, and direct traffic, and his knowledge of the traffic laws of the State, and the actual demonstration of his ability to exercise ordinary and reasonable control in the operation of the type of motor vehicle for which the license is sought as contained in Section 56-1-130(A). The department must supervise the provision of services contained in this subsection. The department must supply driver education instructors appropriate testing materials to administer the examinations contained in this section. A person or corporation administering an examination pursuant to this section may charge a fee in excess of the fee charged by the department for the examination.
(B) The department must randomly test driver's license applicants who successfully complete the driver's license examinations pursuant to subsection (A) to ensure that the driver's license instructors are properly certifying that their students have successfully completed a driver's license examination.
(C) If through testing or other review procedures, the department determines that a contractor is not conforming to the law and regulations applicable to licensing, it may:
(1) suspend the authority of a particular individual or entity operating under the contract to administer the tests;
(2) suspend the contract;
(3) cancel the contract.
(D) The department must test randomly a driver's license applicant only at the time the applicant is seeking his initial driver's license at the Department of Motor Vehicles."
United States Selective Service
SECTION 6. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-125. (A) Upon receiving proper authority from the United States Government, a United States male citizen or immigrant who is less than twenty-six years of age must be registered for the United States Selective Service when applying to the Department of Motor Vehicles for the issuance, renewal, or a duplicate copy of:
(1) a driver's license;
(2) a commercial driver's license; or
(3) an identification card.
(B) The department shall forward in an electronic format the necessary personal information required for registration of individuals identified in this section to the Selective Service System.
(C) An individual's submission of an application contained in subsection (A) serves as an indication that the individual has registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System information necessary for his registration.
(D) The department shall inform the individual who is at least eighteen years of age and less than twenty-six years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System, if required by federal law.
(E) The department shall inform the individual who is less than eighteen years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System upon attaining eighteen years of age, if required by federal law. His application also must be signed by his parent or guardian. By signing the application, the parent or guardian authorizes the department to register the applicant with the Selective Service System upon attaining eighteen years of age, if required by federal law. The applicant, parent, or guardian may decline the Selective Service System registration. If the applicant, parent, or guardian declines the Selective Service System registration, the department may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age.
(F) This section takes effect upon the department's receipt from the federal government of the funds necessary to implement this section."
Fees charged for Freedom of Information Act requests
SECTION 7. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-345. The Department of Motor Vehicles may charge and collect fees in accordance with Section 30-4-30 of the Freedom of Information Act for providing copies of registration, title, and driver's license information records maintained by the department."
Department of Public Safety divisions
SECTION 8. Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 1-30-90. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities, as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education.
(A) Law Enforcement Hall of Fame, formerly provided for in Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for in Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided in Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for in Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office."
Department of Public Safety established
SECTION 9. Section 23-6-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a South Carolina Highway Patrol Division, a South Carolina State Police Division, and a Division of Training and Continuing Education.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."
Powers of the Department of Public Safety
SECTION 10. Section 23-6-30 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-6-30. The department shall have the following duties and powers:
(1) carry out highway and other related safety programs;
(2) engage in driver training and safety activities;
(3) enforce the traffic, motor vehicle, commercial vehicle, and related laws;
(4) enforce size, weight, and safety enforcement statutes relating to commercial motor vehicles;
(5) operate a comprehensive law enforcement personnel training program;
(6) promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law;
(7) operate such programs and disseminate information and material so as to continually improve highway safety;
(8) receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter; and
(9) do all other functions and responsibilities as required or provided for by law."
Department defined
SECTION 11. Section 56-1-10(4) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(4) 'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840."
Issuance of a driver's license
SECTION 12. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-1-140. Upon the payment of a fee of twelve dollars and fifty cents for a license that is valid for five years, or twenty-five dollars for a license that is valid for ten years, the department shall issue to every qualified applicant a driver's license as applied for by law. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license."
Issuance of a driver's license
SECTION 13. Section 56-1-210 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-210. (A) A license issued or renewed before October 1, 2003, expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. A license issued or renewed on or after October 1, 2003, expires on the licensee's birth date on the tenth calendar year in which it is issued. When a person who is sixty-five years of age or older renews his license, the license shall expire five years from the date it was issued.
(B) A license is renewable on or before its expiration date upon application and the payment of the required fee.
(C) The department may renew a driver's license of a resident by mail or electronically upon payment of the required fee, if the renewal is a digitized license.
(D) A license may not be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in Section 56-1-130; provided, further, that only the vision screening is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal. For cause shown, the department may require the submission by the applicant of evidence satisfactory to the department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the department, the department may require an examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver's test.
(E) If a person's license expires and he is unable to renew it before its expiration date because he is on active military duty outside this State for a continuous period of at least thirty days immediately before the expiration date or because he is the spouse or dependent living for a continuous period of at least thirty days immediately before the expiration date with a person on active military duty outside this State, within sixty days after returning to this State, the person may renew his license in the manner permitted by this section as though the license had not expired. The department may require proof from the person that he qualifies for renewal of his license under this paragraph. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service."
Driver's license eye examinations
SECTION 14. Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-220. (A) Vision screenings are required for all persons before having their licenses renewed by the department. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state.
(B) During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from an ophthalmologist or optometrist licensed in any state or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.
(C) A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate of vision examination from an ophthalmologist or optometrist licensed in any state.
(D) The renewal license forms distributed by the department must be designed to contain a certification that the vision of the person screened meets the minimum standards required by the department or have been corrected to meet these requirements. The certification must be executed by the person conducting the screening. The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye.
(E) A person whose vision is corrected to meet the minimum standards shall have the correction noted on his driver's license by the department.
(F) It is unlawful for a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of the correction.
(G) Unless otherwise provided in this section, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
Reissuance of a driver's license and revalidation cards; issuance of license plates and revalidation decals
SECTION 15. Section 56-2-2740 of the 1976 Code, as last amended by Act 40 of 1997, is further amended to read:
"Section 56-2-2740. (A) The Department of Motor Vehicles must refuse to renew the driver's license and motor vehicle registration of a person who has not paid personal property taxes within the time limits prescribed in this chapter. A county treasurer or municipal clerk treasurer must forward notification to the department of persons violating the provisions of this chapter. Notification of individuals violating this chapter must be forwarded to the department in the time and manner determined by the department for the proper administration of this section.
(B) The department shall issue biennial license plates and revalidation decals. The department may enter into contracts with persons, corporations, or governmental subdivisions to issue license plates and revalidation decals. The department, person, corporation, or governmental subdivision shall give a motor vehicle owner a license plate or revalidation decal for the tax year for which personal property taxes and biennial fees have been paid pursuant to Section 56-3-253.
(C) All validation decals must be issued for a period not to exceed twelve months.
(D) A person or corporation that issues license plates or revalidation decals pursuant to this section may charge a fee in excess of the fee charged by the department.
(E) A governmental subdivision that issues license plates or revalidation decals pursuant to this section may charge a one-dollar fee to defray the expenses associated with the issuance of license plates and revalidation decals.
(F) The department shall supervise the provision of services contained in this section."
Motor vehicle titles
SECTION 16. Section 56-19-420 of the 1976 Code, as amended by Act 349 of 2002, is further amended to read:
"Section 56-19-420. (A) The department shall charge fifteen dollars for:
(1) the issuance of a certificate of title;
(2) the transfer of a certificate of title; or
(3) the issuance of a duplicate certificate of title.
(B) Five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed in the following manner:
(1) the first one million dollars must be allocated to the Department of Education and used to support adult education programs; and
(2) the remainder must be allocated to the Department of Public Safety and used to support highway patrol programs.
(C) Notwithstanding any other provision of law, five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed to the Department of Motor Vehicles and used to defray its operational expenses excluding any expense relating to Project Phoenix."
Repeal
SECTION 17. Section 23-6-35 and Article 7, Chapter 6, Title 23 of the 1976 Code are repealed.
Department of Motor Vehicles
SECTION 18. Wherever the terms Motor Vehicle Division, Motor Vehicles Division, Division of Motor Vehicle, or Division of Motor Vehicles appear in the 1976 Code, they shall mean the Department of Motor Vehicles, when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective. Whenever the term Department of Public Safety appears in the 1976 Code, it shall mean the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means Department of Public Safety otherwise and in Section 56-3-840 and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.
Confidential information
SECTION 19. It is unlawful for a person to disclose any confidential information which belongs to the Department of Public Safety Motor Vehicle Division to an individual or entity that is not permitted to have access to the information during or after the transfer of the confidential information from the Motor Vehicle Division to the Department of Motor Vehicles. A person who violates a provision contained in this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not less than one thousand dollars.
Driver's license renewal
SECTION 20. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-215. Notwithstanding any other provision of law, if a person's license expires, the person may have his license renewed without taking the road test or a written examination required pursuant to Section 56-1-130 if the person applies for his license renewal within nine months of the expiration of his license."
Hiring of employees
SECTION 21. The Department of Motor Vehicles is prohibited from hiring additional employees during the ninety-day period following the effective date of this act, except with the specific written approval of the State Budget and Control Board.
Mechanics lien
SECTION 22. Section 29-5-10(a) of the 1976 Code is amended to read:
"(a) A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of wells, by virtue of an agreement with, or by consent of, the owner of the building or structure, or a person having authority from, or rightfully acting for, the owner in procuring or furnishing the labor or materials shall have a lien upon the building or structure and upon the interest of the owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt due to him. The costs which may arise in enforcing or defending against the lien under this chapter, including a reasonable attorney's fee, may be recovered by the prevailing party. The fee must be determined by the court in which the action is brought but the fee and the court costs may not exceed the amount of the lien. As used in this section, labor performed or furnished in the erection, alteration, or repair of any building or structure upon any real estate includes the preparation of plans, specifications, and design drawings and the work of making the real estate suitable as a site for the building or structure. The work is considered to include, but not be limited to, the grading, bulldozing, leveling, excavating, and filling of land (including the furnishing of fill soil), the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, and the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6), including final disposal by a construction and demolition landfill. Any private security guard services provided by any person at the site of the building or structure during its erection, alteration, or repair is considered to be labor performed or furnished within the meaning of this section. As used in this section, materials furnished and actually used include tools, appliances, machinery, or equipment supplied for use on the building or structure to the extent of their reasonable rental value during their actual use. 'Person' as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other entity. For purposes of this section, the term 'materials' includes flooring, floor coverings, and wall coverings."
Laborer and person defined
SECTION 23. The 1976 Code is amended by adding:
"Section 29-5-27. Any person providing construction and demolition debris disposal services, as defined in Section 44-96-40(6), including, but not limited to, final disposal services provided by a construction and demolition landfill, is a laborer within the meaning of Sections 29-5-20 and 29-5-40. 'Person' as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or another entity."
Savings clause
SECTION 24. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability clause
SECTION 25. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this portion, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 26. Sections 5 and 15 of this act take effect at least sixty days after approval by the Governor. All other Sections take effect upon approval by the Governor.
Ratified the 3rd day of June, 2003.
Approved the 5th day of June, 2003.
This web page was last updated on Monday, December 7, 2009 at 10:16 A.M.