S 0267 General Bill, By M.F. Mullinax
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-1-462 so as to provide for the issuance of a provisional driver's license
 for a person convicted of driving when his license is suspended and to exclude
 a person whose license is suspended pursuant to a conviction for driving under
 the influence of alcohol or drugs.

   10/29/90  Senate Prefiled
   10/29/90  Senate Referred to Committee on Transportation
   01/08/91  Senate Introduced and read first time SJ-96
   01/08/91  Senate Referred to Committee on Transportation SJ-96

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-462 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE FOR A PERSON CONVICTED OF DRIVING WHEN HIS LICENSE IS SUSPENDED AND TO EXCLUDE A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-1-462. (A) A person with a South Carolina driver's license who is convicted of driving when his license is supsended under Section 56-1-460, except for a person whose license is suspended pursuant to Section 56-5-2990, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license to operate a motor vehicle. The license must be of a design determined by the department.

(B) The person shall pay to the department a fee of five dollars for the license which must be kept in his possession while driving a motor vehicle. The license is not valid for more than six months from the date of issuance shown on the license. The determination of whether or not a license may be issued pursuant to this section must be made by the Director of the Motor Vehicle Division of the department or his designee.

(C) If the holder of a license issued pursuant to this section is convicted of a violation under Section 56-1-720 totaling four points or a law relative to the operation of a motor vehicle for which suspension of a driver's license is mandatory, the provisional driver's license is revoked.

(D) A person applying for a license pursuant to this section whose application is denied by the department may appeal to the circuit court of the county in which he resides. The department must be given at least ten days' notice of the hearing of the appeal."

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