H 3659 General Bill, By Daning, Crosby, George, Rivers, Whitmire, Willis, 
Corley, Jefferson, Williams, Sottile, Taylor, Bowers, Clary, Collins, Hayes, 
Herbkersman, McEachern, Sandifer and Wells
 A BILL TO AMEND SECTION 56-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO VEHICLE REQUIREMENTS THAT ARE SUSPENDED DURING A STATE OF
 EMERGENCY, SO AS TO EXTEND THE PERIOD DURING WHICH THE REQUIREMENTS ARE
 SUSPENDED, TO PROVIDE THAT THE SUSPENSION REQUIREMENTS APPLY TO COMMERCIAL AND
 UTILITY VEHICLES TRAVELING ON NONINTERSTATE ROUTES, AND TO PROVIDE THAT
 SUSPENSIONS OF THE TIME OF SERVICE REQUIREMENTS ARE FOR THIRTY DAYS UNLESS
 EXTENDED BY FEDERAL REGULATION FOR BOTH INTERSTATE AND NON-INTERSTATE ROUTES.

   02/12/15  House  Introduced and read first time (House Journal-page 47)
   02/12/15  House  Referred to Committee on Education and Public
                     Works (House Journal-page 47)

TO AMEND SECTION 56-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLE REQUIREMENTS THAT ARE SUSPENDED DURING A STATE OF EMERGENCY, SO AS TO EXTEND THE PERIOD DURING WHICH THE REQUIREMENTS ARE SUSPENDED, TO PROVIDE THAT THE SUSPENSION REQUIREMENTS APPLY TO COMMERCIAL AND UTILITY VEHICLES TRAVELING ON NONINTERSTATE ROUTES, AND TO PROVIDE THAT SUSPENSIONS OF THE TIME OF SERVICE REQUIREMENTS ARE FOR THIRTY DAYS UNLESS EXTENDED BY FEDERAL REGULATION FOR BOTH INTERSTATE AND NON-INTERSTATE ROUTES.

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

SECTION    1.    Section 56-5-70(A), as last amended by Act 250 of 2010, is further amended to read:

"(A)    Notwithstanding any provision of this chapter or any other provision of law, during a state of emergency declared by the Governor and for thirty up to one hundred twenty days thereafter, requirements relating to registration, permitting, length, width, weight, and load, and time of service are suspended for commercial and utility vehicles traveling on noninterstate routes that do not exceed a gross weight of ninety thousand pounds and a width of twelve feet responding to the state of emergency. All time of service suspensions for commercial and utility vehicles traveling on interstate and noninterstate routes shall be for thirty days, unless extended for additional periods in accordance with 49 C.F.R. 390-399. 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."

SECTION    2.    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.

SECTION    3.    This act takes effect upon approval by the Governor.