South Carolina General Assembly
117th Session, 2007-2008

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Bill 3525

Indicates Matter Stricken
Indicates New Matter


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

COMMITTEE REPORT

May 9, 2007

H. 3525

Introduced by Reps. Bedingfield, G.R. Smith, Pinson, J.H. Neal, F.N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Brantley, Cato, Frye, Funderburk, Gullick, Haley, Harrell, Hart, Harvin, Haskins, Hodges, Howard, Kelly, Knight, Littlejohn, Mahaffey, Moss, Mulvaney, Neilson, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Walker and McLeod

S. Printed 5/9/07--S.

Read the first time April 3, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3525) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-7-950 so as to provide that a person who has been released from the custody, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/    SECTION    1.    Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-171.    (A)    A person whose driver's license has been suspended for failure to comply with an order for child support may obtain a special route-restricted driver's license from the Department of Motor Vehicles. The special route-restricted driver's license allows the person to only operate a motor vehicle as transportation between his home and work, or as a part of his work duties, or as transportation to a college, university, technical college, or any other institution of higher learning in which he is enrolled.

(B)    If the Department of Motor Vehicles issues a special route-restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the Department of Motor Vehicles by the person.

(C)    The fee for a special route-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 of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.

(D)    The operation of a motor vehicle outside the time limits and route imposed by a special route-restricted license by the person issued that license is a violation of Section 56-1-460.

(E)    If after six months of obtaining the special route-restricted driver's license the person is still substantially out of compliance with the order for support, the Department of Social Services shall notify the Department of Motor Vehicles to suspend the special route-restricted driver's license. The Department of Motor Vehicles shall suspend the special route-restricted driver's license until the Department of Social Services notifies the Department of Motor Vehicles to withdraw the suspension."    /

Renumber sections to conform.

Amend title to conform.

JOHN D. HAWKINS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

The Department of Motor Vehicles (DMV) indicates this bill would have a one-time impact of approximately $19,800 in programming and information technology costs. If an individual, who has been convicted of failure to pay child support and had their licensed suspended, was allowed to obtain a Route Restricted License this process would mirror the process developed for the Accident Judgement suspension. In FY 2004-05, DMV suspended 559 licenses for delinquent child support. In FY 2005-06 another 788 licenses were suspended while 636 have been suspended through March of FY 2006-07. If all of these individuals were required to apply for a Route Restricted License, the funds collected would offset DMV's costs.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-950 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR FAILURE TO COMPLY WITH AN ORDER FOR CHILD SUPPORT MAY OBTAIN A SPECIAL ROUTE-RESTRICTED DRIVER'S LICENSE FROM THE DEPARTMENT OF MOTOR VEHICLES.

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

SECTION    1.    Subarticle 3 of Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-950.    A person whose driver's license has been suspended for failure to comply with an order for child support may obtain a special route-restricted driver's license from the Department of Motor Vehicles. The special route-restricted driver's license allows the person to only operate a motor vehicle as transportation between his home and work, or as a part of his work duties, or as transportation to a college, university, technical college, or any other institution of higher learning in which he is enrolled."

SECTION    2.    This act takes effect upon approval by the Governor.

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