Download This Bill in Microsoft Word format
A68, R84, S596
STATUS INFORMATION
General Bill
Sponsors: Senator Sheheen
Document Path: l:\council\bills\ms\7348cm05.doc
Introduced in the Senate on March 8, 2005
Introduced in the House on April 26, 2005
Last Amended on May 12, 2005
Passed by the General Assembly on May 17, 2005
Governor's Action: May 23, 2005, Signed
Summary: Uniform traffic tickets
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/8/2005 Senate Introduced and read first time SJ-7
3/8/2005 Senate Referred to Committee on Transportation SJ-7
4/19/2005 Senate Committee report: Favorable with amendment
Transportation SJ-11
4/20/2005 Senate Amended SJ-42
4/20/2005 Senate Read second time SJ-42
4/21/2005 Senate Read third time and sent to House SJ-12
4/21/2005 Scrivener's error corrected
4/26/2005 House Introduced and read first time HJ-13
4/26/2005 House Referred to Committee on Judiciary HJ-13
5/11/2005 House Committee report: Favorable with amendment Judiciary HJ-4
5/12/2005 House Amended HJ-17
5/12/2005 House Read second time HJ-17
5/12/2005 House Unanimous consent for third reading on next legislative
day HJ-18
5/13/2005 House Read third time and returned to Senate with amendments
HJ-6
5/17/2005 Senate Concurred in House amendment and enrolled SJ-26
5/18/2005 Ratified R 84
5/23/2005 Signed By Governor
5/25/2005 Copies available
5/25/2005 Effective date 05/23/05
5/27/2005 Act No. 68
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/8/2005
4/19/2005
4/20/2005
4/21/2005
5/11/2005
5/12/2005
(A68, R84, S596)
AN ACT TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-7-20, AS AMENDED, RELATING TO THE NUMBER OF COPIES AND COLORS OF THE COPIES CONTAINED IN A TRAFFIC TICKET AND THE PURPOSE OF THE COPIES, SO AS TO PROVIDE THAT EACH PRINTED COPY MUST BE LABELED WITH ITS PURPOSE, TO PROVIDE THAT A HANDWRITTEN TRAFFIC TICKET MUST CONSIST OF FOUR COPIES, TO REVISE THE PURPOSE OF EACH COPY OF A TRAFFIC TICKET, TO ELIMINATE THE PINK COPY OF THE TICKET, AND TO PROVIDE THE NUMBER OF COPIES AND PURPOSE OF EACH COPY OF A TICKET GENERATED BY ELECTRONIC MEANS; TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO MAKE TECHNICAL CHANGES AND TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES; AND TO AMEND SECTION 56-5-6310, AS AMENDED, RELATING TO THE PROVISIONS THAT REGULATE HIGHWAY TRAFFIC, SO AS TO MAKE A TECHNICAL CHANGE.
Be it enacted by the General Assembly of the State of South Carolina:
Uniform traffic ticket
SECTION 1. Section 56-7-10 of the 1976 Code, as last amended by Act 54 of 2003, is further amended to read:
"Section 56-7-10. There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses:
Offense Citation
Interfering with Police Officer Serving
Process Section 16-5-50
Dumping Trash on Highway/Private Property Section 16-11-700
Indecent Exposure Section 16-15-130
Disorderly Conduct Section 16-17-530
Discharging Fireworks from Motor Vehicle Section 23-35-120
Damaging Highway Section 57-7-10
Place Glass, Nails, Etc. on Highway Section 57-7-20
Obstruction of Highway by Railroad Cars,
Etc. Section 57-7-240
Signs Permitted on Interstate Section 57-25-140
Brown Bagging Section 61-5-20
Drinking Liquors in Public Conveyance Section 61-13-360
Poles Dragging on Highway Section 57-7-80
Open Container Section 61-9-87
Purchase or Possession of Beer or Wine
by a Person Under Age Section 20-7-370
Purchase or Possession of Alcoholic Liquor
by a Person Under Age Twenty-One Section 20-7-380
Unlawful Possession and Consumption of
Alcoholic Liquors Section 61-5-30
Sale of Beer or Wine on Which Tax Has
Not Been Paid Section 61-9-20
Falsification of Age to Purchase Beer or
Wine Section 61-9-50
Unlawful Purchase of Beer or Wine for a
Person Who Cannot Legally Buy Section 61-9-60
Unlawful Sale or Purchase of Beer or Wine,
Giving False Information as to Age, Buying
Beer or Wine Unlawfully for Another Section 61-9-85
Employment of a Person Under the Age of
Twenty-One as an Employee in Retail or
Wholesale or Manufacturing Liquor
Business Section 61-13-340
Failure to Remove Doors from Abandoned
Refrigerators Section 16-3-1010
Malicious Injury to Animals or Personal
Property Section 16-11-510
Timber, Logs, or Lumber Cutting, Removing,
Transporting Without Permission, Valued
at Less Than Fifty Dollars Section 16-11-580
Littering Section 16-11-700
Larceny of a Bicycle Valued at Less Than
One Hundred Dollars Section 16-13-80
Cock Fighting Section 16-17-650
Ticket Scalping Section 16-17-710
Glue Sniffing Section 44-53-1110
Trespassing Section 16-11-755
Trespassing Section 16-11-600
Trespassing Section 16-11-610
Trespassing Section 16-11-620
Negligent Operation of Watercraft; Operation
of Watercraft While Under Influence of
Alcohol or Drugs Section 50-21-110
Negligence of Boat Livery to Provide Proper
Equipment and Registration Section 50-21-120
Interference with Aids to Navigation or
Regulatory Markers or Operation of
Watercraft in Prohibited Area Section 50-21-170
Operation of Watercraft Without a
Certificate of Title Section 50-23-190
Parking on private property without
permission Section 16-11-760
Certificate of Veterinary Inspection;
Requirement for Out-of-State Livestock
or Poultry Section 47-4-60
Inhibition of Livestock Inspection Section 47-4-120
Imported Swine Section 47-6-50
Operating Equine Sales Facility or Livestock
Market Without Permit Section 47-11-20
Liability of Person Removing Livestock for
Slaughter Section 47-11-120
Notice to Disinfect Section 47-13-310
Quarantine of Livestock or Poultry Section 47-4-70
Unlawful for Horse to Enter State Unless
Tested Section 47-13-1350
Quarantine of Exposed Horses Section 47-13-1360
Proof of Test Required for Public Assembly
of Horses Section 47-13-1370
False Certificates Section 47-13-1390
Unlawful to Feed Garbage to Swine Section 47-15-20
Notification Required from Certain Persons
Disposing of Garbage Section 47-15-40
Sale of Uninspected Meat and Meat Products Section 47-17-60
Sale of Uninspected Poultry and Poultry
Products Section 47-19-70
No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may utilize computers and other electronic devices to issue uniform traffic citations and store information resulting from the issuance of a traffic citation if this method of issuing a citation has been approved by the Department of Public Safety."
Uniform traffic ticket
SECTION 2. Section 56-7-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-7-20. Each ticket shall have a unique identifying number. Each printed copy must be labeled at the bottom with the purpose of the copy. A handwritten traffic ticket must consist of four copies, one of which must be blue and must be given to the vehicle operator who is the alleged traffic violator; one of which must be yellow and must be dispatched to the Department of Motor Vehicles for its records and for audit purposes; one of which must be white and must be dispatched to the police agency of which the arresting officer is a part; and one of which must be green and must be retained by the trial officer for his records. An electronic traffic ticket must consist of at least one, blue printed copy that must be given to the vehicle operator who is the alleged traffic violator and as many as three additional white printed copies if needed to communicate with the Department of Motor Vehicles, the police agency, and the trial officer."
Uniform traffic ticket
SECTION 3. Section 56-7-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-7-30. (A) The Department of Public Safety shall have the traffic tickets printed. Law enforcement agencies shall order tickets from the Department of Public Safety and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement agency. The Department of Motor Vehicles records and audit copy must be forwarded to the Department of Motor Vehicles within ten days of the disposition of the case by final trial court action or by nolle prosequi. The head of each law enforcement agency is responsible for the forwarding of the driver records and audit copies to the Department of Motor Vehicles and for conducting an annual inventory on December thirty-first of all tickets received but not disposed of by final trial court action or by nolle prosequi, and for forwarding the results of the inventory on a form prescribed by the Department of Motor Vehicles to the Department of Motor Vehicles within ten days of the completion of the inventory.
(B) A law enforcement agency that issues uniform traffic tickets in an electronic format as provided in Section 56-7-10 may generate a printed copy of this ticket by using an in-car data terminal or hand held device. A copy of the ticket must be given to the offender. The agency may then transmit the ticket data electronically to the Department of Motor Vehicles for its records and for audit purposes, the law enforcement agency by which the arresting officer is employed, and the trial officer for his records. If any of these entities does not have the capability to accept the ticket data solely using electronic means, the arresting agency must provide the entity with a printed copy of the ticket generated by the in-car data terminal or hand held device. Data transmissions to the Department of Motor Vehicles must be made pursuant to that agency's electronic system specifications. Printed copies provided to the Department of Motor Vehicles must meet that agency's document processing requirements."
Savings clause
SECTION 4. 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.
Uniform act regulating highway traffic
SECTION 5. Section 56-5-6310 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:
"Section 56-5-6310. The provisions of Chapters 1, 3, 5, 7, 9, and 10 of Title 56 shall be applicable to private roads if the owner, including any corporation or homeowners' association holding title to community roads and excluding those only holding easements over such roads, shall file a written consent stating that the undersigned is the owner of the private roads shown on an attached plat and consents to the application of the provisions of this chapter for purposes of highway safety on such private roads. When the road is owned by two abutting owners, both shall consent to the application of this chapter. In the event there are more than two owners of the road, the provisions of this chapter shall apply when a majority of those owners of the total front footage abutting such road shall consent thereto. The consent shall be executed with the same formalities as a deed and with the plat shall be filed with the clerk of court or register of deeds for the county in which the private road is located and with the sheriff of such county. No derivation clause shall be required. Such filing shall not constitute a dedication to the public of such roads nor shall it constitute permission by the owner for the public to use such roads. The written consent shall become effective thirty days from the date it is filed with the clerk of court or register of deeds."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 18th day of May, 2005.
Approved the 23rd day of May, 2005.
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