H*3550(Rat #0494, Act #0421 of 1992)  General Bill, By J.L.M. Cromer and 
S.G. Manly
 A Bill to amend Section 56-1-745, Code of Laws of South Carolina, 1976,
 relating to conviction of controlled substance violations, suspension of
 driver's license, special restricted driver's license and fees, and insurance
 penalty under the Merit Rating Plan, and Section 56-1-746, relating to
 driver's license suspension for offenses relating to possession, sale, and
 consumption of beer, wine, and alcoholic liquors or for unlawful use or
 alteration of a driver's license, so as to, among other things, add enrollemnt
 in a college or university as a basis for applying for a special restricted
 driver's license, provide that such license allows the person to drive to and
 from his place of education and in the course of his employment or education
 during the period of suspension, delete certain language, and increase the fee
 for each special restricted driver's license, including a reissue caused by
 changes in the place and hours of employment, education, or residence, from
 ten to twenty dollars; to amend Section 56-3-1970, relating to free parking
 for handicapped persons, unlawful acts, and penalties, so as to change the
 applicable penalties; to amend the 1976 Code by adding Sections 56-3-1971,
 56-3-1972, 56-3-1973, and 56-3-1974, so as to, among other things, provide
 that all law enforcement officers issuing tickets on public and private
 property and State Law Enforcement Division licensed security officers of
 shopping centers and business and commercial establishments, which provide
 parking spaces designated for handicapped persons, are authorized to issue a
 uniform parking violations ticket to a vehicle for violations of the
 prescribed use of the parking spaces, provide that upon conviction for a
 violation of Section 56-3-1970, five dollars of the fine assessed must be
 remitted to the Department of Highways and Public Transportation for
 administration and implementation costs, provide that for purposes of Article
 18, Chapter 3, Title 56 "Free Parking for Handicapped Persons", a uniform
 parking violations ticket shall consist of five copies and each ticket shall
 have a unique identifying number, require the Department to have the uniform
 parking violations ticket printed, require law enforcment and security
 agencies to order tickets from the Department and to record the identifying
 numbers of the tickets received by them, provide that the cost of the tickets
 must be paid by the law enforcement or security agency, provide that a person
 who wilfully and intentionally violates the provisions of Section 56-3-1973 is
 guilty of a misdemeanor, provide penalties, and provide that if the failure to
 account for a ticket or the failure to timely forward the issuing agency's
 copy or Department record's or audit copy of the ticket is inadvertent or
 unintentional, the misuse is triable in magistrate's court and, upon
 conviction, the person must be fined not more than one hundred dollars; and to
 provide that no person issued a restricted driver's license under the
 provisions of Section 56-1-745(C) or Section 56-1-746(D) shall subsequently be
 eligible for issuance of a special restricted driver's license under these
 provisions.-amended title

   02/20/91  House  Introduced and read first time HJ-13
   02/20/91  House  Referred to Committee on Judiciary HJ-13
   04/17/91  House  Committee report: Favorable with amendment
                     Judiciary HJ-16
   04/25/91  House  Amended HJ-76
   04/25/91  House  Read second time HJ-76
   04/25/91  House  Unanimous consent for third reading on next
                     legislative day HJ-76
   04/26/91  House  Read third time and sent to Senate HJ-2
   04/29/91  Senate Introduced and read first time SJ-5
   04/29/91  Senate Referred to Committee on Transportation SJ-5
   06/05/91  Senate Committee report: Favorable Transportation SJ-43
   06/06/91  Senate Read second time SJ-33
   04/23/92  Senate Amended SJ-27
   04/23/92  Senate Read third time and returned to House with
                     amendments SJ-29
   04/29/92  House  Senate amendment amended HJ-325
   04/29/92  House  Returned to Senate with amendments HJ-327
   04/30/92  Senate Non-concurrence in House amendment SJ-15
   05/05/92  House  House insists upon amendment and conference
                     committee appointed Reps. Cromer, Manly & Wilder HJ-3
   05/07/92  Senate Conference committee appointed Sens. Washington,
                     Stilwell, Holland SJ-4
   05/14/92  House  Free conference powers granted HJ-309
   05/14/92  House  Free conference committee appointed Cromer, Manly
                     & Wilder HJ-311
   05/14/92  House  Free conference report received and adopted HJ-311
   05/14/92  Senate Free conference powers granted SJ-5
   05/14/92  Senate Free conference committee appointed Sens.
                     Holland, Washington, Stilwell SJ-5
   05/14/92  Senate Free conference report received and adopted SJ-5
   05/19/92  Senate Ordered enrolled for ratification SJ-7
   05/27/92         Ratified R 494
   06/02/92         Signed By Governor
   06/02/92         Act No. 421
   06/02/92         See act for exception to or explanation of
                     effective date
   07/09/92         Copies available

AN ACT TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVICTION OF CONTROLLED SUBSTANCE VIOLATIONS, SUSPENSION OF DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE AND FEES, AND INSURANCE PENALTY UNDER THE MERIT RATING PLAN, AND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR OFFENSES RELATING TO POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUORS OR FOR UNLAWFUL USE OR ALTERATION OF A DRIVER'S LICENSE, SO AS TO, AMONG OTHER THINGS, ADD ENROLLMENT IN A COLLEGE OR UNIVERSITY AS A BASIS FOR APPLYING FOR A SPECIAL RESTRICTED DRIVER'S LICENSE, PROVIDE THAT SUCH LICENSE ALLOWS THE PERSON TO DRIVE TO AND FROM HIS PLACE OF EDUCATION AND IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, DELETE CERTAIN LANGUAGE, AND INCREASE THE FEE FOR EACH SPECIAL RESTRICTED DRIVER'S LICENSE, INCLUDING A REISSUE CAUSED BY CHANGES IN THE PLACE AND HOURS OF EMPLOYMENT, EDUCATION, OR RESIDENCE, FROM TEN TO TWENTY DOLLARS; TO AMEND SECTION 56-3-1970, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, UNLAWFUL ACTS, AND PENALTIES, SO AS TO CHANGE THE APPLICABLE PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-3-1971, 56-3-1972, 56-3-1973, AND 56-3-1974, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ALL LAW ENFORCEMENT OFFICERS ISSUING TICKETS ON PUBLIC AND PRIVATE PROPERTY AND STATE LAW ENFORCEMENT DIVISION LICENSED SECURITY OFFICERS OF SHOPPING CENTERS AND BUSINESS AND COMMERCIAL ESTABLISHMENTS, WHICH PROVIDE PARKING SPACES DESIGNATED FOR HANDICAPPED PERSONS, ARE AUTHORIZED TO ISSUE A UNIFORM PARKING VIOLATIONS TICKET TO A VEHICLE FOR VIOLATIONS OF THE PRESCRIBED USE OF THE PARKING SPACES, PROVIDE THAT UPON CONVICTION FOR A VIOLATION OF SECTION 56-3-1970, FIVE DOLLARS OF THE FINE ASSESSED MUST BE REMITTED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ADMINISTRATION AND IMPLEMENTATION COSTS, PROVIDE THAT FOR PURPOSES OF ARTICLE 18, CHAPTER 3, TITLE 56 "FREE PARKING FOR HANDICAPPED PERSONS", A UNIFORM PARKING VIOLATIONS TICKET SHALL CONSIST OF FIVE COPIES AND EACH TICKET SHALL HAVE A UNIQUE IDENTIFYING NUMBER, REQUIRE THE DEPARTMENT TO HAVE THE UNIFORM PARKING VIOLATIONS TICKET PRINTED, REQUIRE LAW ENFORCEMENT AND SECURITY AGENCIES TO ORDER TICKETS FROM THE DEPARTMENT AND TO RECORD THE IDENTIFYING NUMBERS OF THE TICKETS RECEIVED BY THEM, PROVIDE THAT THE COST OF THE TICKETS MUST BE PAID BY THE LAW ENFORCEMENT OR SECURITY AGENCY, PROVIDE THAT A PERSON WHO WILFULLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF SECTION 56-3-1973 IS GUILTY OF A MISDEMEANOR, PROVIDE PENALTIES, AND PROVIDE THAT IF THE FAILURE TO ACCOUNT FOR A TICKET OR THE FAILURE TO TIMELY FORWARD THE ISSUING AGENCY'S COPY OR DEPARTMENT RECORD'S OR AUDIT COPY OF THE TICKET IS INADVERTENT OR UNINTENTIONAL, THE MISUSE IS TRIABLE IN MAGISTRATE'S COURT AND, UPON CONVICTION, THE PERSON MUST BE FINED NOT MORE THAN ONE HUNDRED DOLLARS; AND TO PROVIDE THAT NO PERSON ISSUED A RESTRICTED DRIVER'S LICENSE UNDER THE PROVISIONS OF SECTION 56-1-745(C) OR SECTION 56-1-746(D) SHALL SUBSEQUENTLY BE ELIGIBLE FOR ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS.

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

Enrollment in college or university; penalty; etc.

SECTION 1. Section 56-1-745(C) of the 1976 Code is amended to read:

"(C) (1) If an individual is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or place of education.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual 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 by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

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

Enrollment in college or university; penalty; etc.

SECTION 2. Section 56-1-746(D) of the 1976 Code is amended to read:

"(D) (1) If an individual is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual 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 by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

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

Penalties changed

SECTION 3. The third paragraph of Section 56-3-1970 of the 1976 Code, as last amended by Act 429 of 1988, is further amended to read:

"A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each offense."

Code sections added, handicapped parking

SECTION 4. The 1976 Code is amended by adding:

"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the division of motor vehicles.

The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the Department of Highways and Public Transportation and approved by the Attorney General.

Upon conviction for a violation of Section 56-3-1970, five dollars of the fine assessed must be remitted to the department for administration and implementation costs.

Section 56-3-1972. For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the Department of Highways and Public Transportation for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the department for purposes of audit. Each ticket shall have a unique identifying number.

Section 56-3-1973. The Department of Highways and Public Transportation shall have the uniform parking violations ticket printed. Law enforcement and security agencies shall order tickets from the department and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement or security agency. The audit copy and the department record's copy must be forwarded to the department within thirty days of the disposition of the case by final trial court action. The head of each law enforcement agency is responsible for forwarding the audit copies and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action and forwarding the results of the inventory on a form prescribed by the department to the department within ten days of the completion of the inventory.

Section 56-3-1974. A person who wilfully and intentionally violates the provisions of Section 56-3-1973 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned not more than six months, or both, for each ticket unaccounted for or for each failure to timely forward the issuing agency's copy or department record's copy or audit copy of a ticket.

If the failure to account for a ticket or the failure to timely forward the issuing agency's copy or the department record's or audit copy of the ticket is inadvertent or unintentional, the misuse is triable in magistrate's court and, upon conviction, the person must be fined not more than one hundred dollars.

The service of the uniform parking violations ticket vests all traffic, recorder's, and magistrate's courts with jurisdiction to hear and dispose of the charge for which the ticket was issued and served."

Ineligibility for subsequent issuance of license

SECTION 5. No person issued a restricted driver's license under the provisions of Section 56-1-745(C) or Section 56-1-746(D) shall subsequently be eligible for issuance of a special restricted driver's license under these provisions.

Effective clause; applicability of certain sections

SECTION 6. This act takes effect upon approval by the Governor, except: (1) the provisions of Sections 1, 2, and 5 shall apply to any person whose license has been suspended under Section 56-1-745(C) or Section 56-1-746(D), and (2) Section 4 takes effect one hundred twenty days after approval by the Governor.

Approved the 2nd day of June, 1992.