S*1162 Session 111 (1995-1996)
S*1162(Rat #0459, Act #0459 of 1996) General Bill, By Martin
A Bill to amend Sections 7-13-710, 8-11-10, 12-36-1710, 12-37-220, 12-37-2660,
12-37-2725, 12-37-2727, 12-43-220, 12-43-300, 12-45-70, 12-49-225, 12-49-271,
12-49-310, 12-54-240, 14-7-130, 15-9-350, 15-9-36, 15-9-370, 23-31-140,
24-3-110, 31-17-320, 31-17-360, 31-17-380, 31-17-410, 36-9-307, 36-9-316,
38-73-455, 38-77-113, 38-77-340, 43-5-620, 44-43-30, 44-34-70, 56-1-10,
56-1-270, 56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340,
56-1-350, 56-1-360, 56-1-365, 56-1-380, 56-1-410, 56-1-420, 56-1-460,
56-1-475, 56-1-510, 56-1-540, 56-1-630, 56-1-740, 56-1-770, 56-1-790,
56-1-810, 56-1-850, 56-1-1030, 56-1-1090, 56-1-1130, 56-1-1320, 56-1-1340,
56-1-1730, 56-1-1760, 56-1-2050, 56-1-2110, 56-1-2140, 56-5-6230, 56-10-10,
56-10-20, 56-10-40, and 56-10-220, Code of Laws of South Carolina, 1976,
relating to voting provisions, business hours for departments of state
government, excise taxes on certain motor vehicle sales, exemption from taxes,
the listing of license registration applications, the cancellation of certain
license plate and registration certificates, the retroactive application of
Section 12-37-2750, the equalization and reassessment of taxes, the time for
paying and collecting taxes, the enforced collection of taxes, the requirement
as to compliance with the Department of Revenue and Taxation
regulation.-amended short title
02/21/96 Senate Introduced and read first time SJ-8
02/21/96 Senate Referred to Committee on Transportation SJ-8
03/26/96 Senate Committee report: Favorable with amendment
Transportation SJ-28
03/27/96 Senate Amended SJ-23
03/27/96 Senate Read second time SJ-23
03/28/96 Senate Read third time and sent to House SJ-10
04/02/96 House Introduced and read first time HJ-5
04/02/96 House Referred to Committee on Education and Public
Works HJ-5
05/09/96 House Committee report: Favorable with amendment
Education and Public Works HJ-34
05/14/96 House Amended HJ-65
05/14/96 House Read second time HJ-175
05/15/96 House Read third time and returned to Senate with
amendments HJ-37
05/21/96 Senate Concurred in House amendment and enrolled SJ-19
05/30/96 Ratified R 459
06/05/96 Signed By Governor
06/05/96 Effective date 06/05/96
07/16/96 Copies available
07/16/96 Act No. 459
(A459, R459, S1162)
AN ACT TO AMEND SECTIONS 7-13-710, 8-11-10, 12-36-1710,
12-37-220, 12-37-2660, 12-37-2725, 12-37-2727, 12-43-220, 12-43-300,
12-45-70, 12-49-225, 12-49-271, 12-49-310, 12-54-240, 14-7-130,
15-9-350, 15-9-360, 15-9-370, 23-31-140, 24-3-110, 31-17-320,
31-17-360, 31-17-380, 31-17-410, 36-9-307, 36-9-319, 38-73-455,
38-77-113, 38-77-340, 43-5-620, 44-43-30, 44-43-70, 56-1-10, 56-1-270,
56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340, 56-1-350,
56-1-360, 56-1-365, 56-1-380, 56-1-410, 56-1-420, 56-1-460, 56-1-475,
56-1-510, 56-1-540, 56-1-630, 56-1-740, 56-1-770, 56-1-790, 56-1-810,
56-1-850, 56-1-1030, 56-1-1090, 56-1-1130, 56-1-1320, 56-1-1340,
56-1-1730, 56-1-1760, 56-1-2050, 56-1-2110, 56-1-2140, 56-3-360,
56-3-665, 56-3-2340, 56-5-6230, 56-10-10, 56-10-20, 56-10-40,
56-10-220, 56-15-560, AND 56-29-20, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO VOTING PROVISIONS,
BUSINESS HOURS FOR DEPARTMENTS OF STATE
GOVERNMENT, EXCISE TAXES ON CERTAIN MOTOR VEHICLE
SALES, EXEMPTION FROM TAXES, THE LISTING OF LICENSE
REGISTRATION APPLICATIONS, THE CANCELLATION OF
CERTAIN LICENSE PLATE AND REGISTRATION CERTIFICATES,
THE RETROACTIVE APPLICATION OF SECTION 12-37-2750, THE
EQUALIZATION AND REASSESSMENT OF TAXES, THE TIME
FOR PAYING AND COLLECTING TAXES, THE ENFORCED
COLLECTION OF TAXES, THE REQUIREMENT AS TO
COMPLIANCE WITH THE DEPARTMENT OF REVENUE AND
TAXATION REGULATIONS, THE PREPARATION OF JURY LISTS,
SUMMONS, PUBLICATION AND SERVICE, THE PURCHASE OF A
PISTOL, MANUFACTURING LICENSE PLATES, MOBILE HOME
LICENSING REQUIREMENTS, MOBILE HOME MOVING PERMITS,
MOVING MOBILE HOMES, OBTAINING A MOBILE HOME
CERTIFICATE OF TITLE, MOBILE HOME BUYER PROTECTION,
SALE OF SECURED PROPERTY WITHOUT CONSENT,
EXCEPTIONS TO CHANGING THE BASE RATE FOR
AUTOMOBILE INSURANCE, CONDITIONS FOR WAIVING THE
LICENSE REINSTATEMENT FEE, EXCLUSIONS FROM
AUTOMOBILE INSURANCE COVERAGE, PROVIDING CERTAIN
MOTOR VEHICLE INFORMATION TO THE DEPARTMENT OF
SOCIAL SERVICES, DISTRIBUTING FORMS AUTHORIZING
ORGAN DONATION UPON LICENSE RENEWAL, RECRUITMENT
FOR ORGAN DONORS AND DISSEMINATION OF INFORMATION,
DRIVER'S LICENSES, THE SUSPENSION OF THE REGISTRATION
OF VEHICLES REPORTED AS STOLEN, THE REQUIREMENT OF
PROOF OF PAYMENT OF THE FEDERAL USE TAX, THE
ISSUANCE OF FIRST-TIME REGISTRATION AND LICENSE
PLATES, PAYMENT OF A FINE OR FORFEITURE OF A BOND
FOR A TRAFFIC VIOLATION, MOTOR VEHICLE REGISTRATION
AND FINANCIAL SECURITY, THE FULFILLMENT OF
WARRANTY AGREEMENTS AND DEFINITIONS RELATING TO
THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED
PROPERTY ACT, SO AS TO DEVOLVE CERTAIN FUNCTIONS OF
THE DEPARTMENT OF REVENUE AND TAXATION MOTOR
VEHICLE DIVISION UPON THE DEPARTMENT OF PUBLIC
SAFETY, AND TO REVISE CERTAIN OTHER DEPARTMENTAL
REFERENCES; TO AMEND SECTION 56-3-2320, AS AMENDED,
RELATING TO RESTRICTIONS ON THE USE OF DEALER
LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER
LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE LOANED
TO AN ECONOMIC DEVELOPMENT ENTITY; TO AMEND
SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION
OF MOTOR VEHICLE MANAGEMENT'S ACQUISITION AND
DISPOSITION OF VEHICLES, SO AS TO MAKE A TECHNICAL
CHANGE; TO AMEND SECTION 1-30-90, AS AMENDED,
RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS
TO REVISE ITS AUTHORITY; TO AMEND SECTION 1-30-95, AS
AMENDED, RELATING TO THE DEPARTMENT OF REVENUE
AND TAXATION, SO AS TO REVISE ITS AUTHORITY; TO
AMEND SECTION 11-35-710, AS AMENDED, RELATING TO
EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO REVISE
EXEMPTED ITEMS THE DEPARTMENT OF PUBLIC SAFETY MAY
PROCURE; TO AMEND SECTIONS 12-4-10 AND 12-4-15, BOTH AS
AMENDED, RELATING TO THE CREATION OF THE
DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE
ITS AUTHORITY; TO AMEND SECTION 12-37-2650, AS
AMENDED, RELATING TO THE ISSUANCE OF TAX NOTICES
AND PAID RECEIPTS, SO AS TO REVISE THE PROCESS OF
ISSUING NOTICES AND RECEIPTS AND TO TRANSFER CERTAIN
AUTHORITY FROM THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO
AMEND SECTION 12-49-290, AS AMENDED, RELATING TO THE
RIGHTS OF MORTGAGEES AND OTHERS, SO AS TO REVISE THE
AUTHORITY OF THE DEPARTMENT OF REVENUE AND
TAXATION; TO AMEND SECTION 12-49-330, AS AMENDED,
RELATING TO THE RIGHTS OF A LIENHOLDER WITH A
SECURITY INTEREST FILED WITH THE DEPARTMENT OF
REVENUE AND TAXATION MOTOR VEHICLE DIVISION, SO AS
TO REVISE THE AUTHORITY OF THIS AGENCY; TO AMEND
SECTION 16-17-680, AS AMENDED, RELATING TO THE
UNLAWFUL PURCHASE OR TRANSPORTATION OF CERTAIN
ITEMS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND
SECTION 17-5-130, AS AMENDED, RELATING TO
QUALIFICATIONS FOR CORONER, SO AS TO TRANSFER
CERTAIN AUTHORITY FROM THE LAW ENFORCEMENT
TRAINING COUNCIL TO THE DEPARTMENT OF PUBLIC
SAFETY; TO AMEND SECTION 19-5-30, AS AMENDED,
RELATING TO THE ADMISSIBILITY OF CERTAIN COPIES OF
MOTOR VEHICLE RECORDS, SO AS TO REVISE THE TYPES OF
COPIES THAT ARE ADMISSIBLE AND TO TRANSFER CERTAIN
AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY; TO
AMEND SECTION 20-7-944, AS AMENDED, RELATING TO
INFORMATION TO BE PROVIDED ON VARIOUS LICENSES TO
BE USED TO COLLECT CHILD SUPPORT OBLIGATIONS, SO AS
TO REVISE THE INFORMATION THAT MUST BE PROVIDED; TO
AMEND SECTION 20-7-945, AS AMENDED, RELATING TO THE
REVOCATION OF THE LICENSE OF CERTAIN LICENSES, SO AS
TO REVISE THE REVOCATION REVIEW PROCEDURE AND TO
PROVIDE A PROCEDURE TO INDEMNIFY A LICENSING ENTITY
FROM CONSEQUENCES THAT MAY RESULT FROM THE
REVOCATION OF A LICENSE; TO AMEND SECTIONS 23-6-20
AND 23-6-30, BOTH AS AMENDED, RELATING TO THE
ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY,
SO AS TO REVISE ITS DUTIES AND POWERS; TO AMEND
SECTION 23-6-50, AS AMENDED, RELATING TO THE
DEPARTMENT OF PUBLIC SAFETY'S ANNUAL AUDIT, SO AS TO
PROVIDE THAT CERTAIN REVENUES GENERATED BY THE
DEPARTMENT DURING A PRIOR FISCAL YEAR MAY BE
CARRIED FORWARD TO THE CURRENT FISCAL YEAR; TO ADD
SECTIONS 23-6-90 AND 23-6-145 SO AS TO PROVIDE THAT THE
DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SECURITY
FOR CERTAIN GOVERNMENTAL FACILITIES AND TO PROVIDE
THAT CERTAIN DEPARTMENT OFFICERS MAY STOP CERTAIN
MOTOR VEHICLES AND REQUIRE THE DRIVER TO PRODUCE
CERTAIN INFORMATION; TO AMEND SECTION 26-6-300, AS
AMENDED, RELATING TO THE CREATION OF THE DIVISION OF
MOTOR VEHICLE RECORDS AND VEHICLE INSPECTIONS, SO
AS TO CHANGE ITS NAME AND REVISE ITS RESPONSIBILITIES;
TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO
QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE CERTAIN
QUALIFICATIONS; TO AMEND CHAPTER 25 OF TITLE 23, AS
AMENDED, RELATING TO LAW ENFORCEMENT OFFICERS
HALL OF FAME, SO AS TO TRANSFER ADMINISTRATION OF
THE HALL OF FAME FROM A COMMITTEE TO THE
DEPARTMENT OF PUBLIC SAFETY, TO MAKE THE COMMITTEE
ADVISORY, TO CHANGE CHAIRMANSHIP OF THE COMMITTEE,
TO CLARIFY REFERENCES, TO DIRECT THE COMMITTEE TO
PROVIDE TOURS AND PROGRAMS, AND TO REMOVE THE
COMMITTEE'S AUTHORITY TO EMPLOY STAFF; TO AMEND
SECTIONS 23-28-20, AS AMENDED, 23-28-30, 23-28-40, 23-28-60,
23-28-80, AND 23-28-90, ALL RELATING TO RESERVE LAW
ENFORCEMENT OFFICER TRAINING, SO AS TO TRANSFER
VARIOUS DUTIES TO THE DEPARTMENT OF PUBLIC SAFETY
AND ITS CRIMINAL JUSTICE ACADEMY DIVISION, AND TO
DELETE OBSOLETE REFERENCES; TO AMEND SECTION
23-47-20, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO
TRANSFER OPERATOR TRAINING DUTIES TO THE CRIMINAL
JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF
PUBLIC SAFETY, AND TO DELETE OBSOLETE REFERENCES; TO
AMEND SECTION 31-17-340, AS AMENDED, RELATING TO
MOBILE HOME LICENSES, SO AS TO CLARIFY REFERENCES;
TO AMEND SECTIONS 38-55-530 AND 38-55-570, BOTH AS
AMENDED, BOTH RELATING TO INSURANCE FRAUD AND
REPORTING, SO AS TO MAKE CERTAIN TECHNICAL CHANGES;
TO AMEND SECTION 38-77-1120, AS AMENDED, RELATING TO
DEFINITIONS FOR MOTOR VEHICLE THEFT AND FRAUD
REPORTING, SO AS TO DELETE REFERENCES TO THE DIVISION
OF THE STATE HIGHWAY PATROL; TO AMEND SECTION
56-1-40, AS AMENDED, RELATING TO PERSONS PROHIBITED
FROM OBTAINING A DRIVER'S LICENSE, SO AS TO CLARIFY
PROVISIONS PERTAINING TO NONRESIDENTS; TO AMEND
SECTION 56-1-80, AS AMENDED, RELATING TO PROCEDURES
FOR OBTAINING A DRIVER'S LICENSE, SO AS TO TRANSFER
CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF PUBLIC SERVICE, TO
REVISE THESE PROCEDURES, AND TO DELETE PENALTIES; TO
AMEND SECTION 56-1-90, AS AMENDED, RELATING TO
IDENTIFICATION REQUIRED TO OBTAIN A DRIVER'S LICENSE,
SO AS TO TRANSFER CERTAIN DUTIES FROM THE
DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF PUBLIC SAFETY AND TO CLARIFY
DOCUMENTATION REQUIRED; TO AMEND SECTION 56-1-130,
AS AMENDED, RELATING TO DRIVER'S LICENSE
EXAMINATIONS, FEES, AND CLASSES OF LICENSES, SO AS TO
PROVIDE FOR AN "APPROPRIATE" RATHER THAN A
FIXED FEE AND TO REVISE THE WEIGHT OF VEHICLES FOR
CERTAIN LICENSE CLASSES; TO ADD SECTION 56-1-141, SO AS
TO PROVIDE THAT A PASSING GRADE FROM A QUALIFIED
EDUCATION PROGRAM FROM A SECONDARY SCHOOL IS
CERTIFICATION THAT DEPARTMENT STANDARDS HAVE BEEN
MET; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING
TO EXPIRATION AND RENEWAL OF DRIVER'S LICENSES, SO
AS TO AUTHORIZE RENEWAL BY MAIL OF A DIGITIZED
LICENSE; TO AMEND SECTION 56-1-280, AS AMENDED,
RELATING TO MANDATORY SUSPENSION AND REVOCATION
OF DRIVER'S LICENSES, SO AS TO DELETE PROVISIONS
AUTHORIZING THE DEPARTMENT TO REVOKE OR SUSPEND
LICENSES FOR CAUSES REQUIRED BY OTHER LAWS OF THIS
STATE; TO ADD SECTION 56-1-285 SO AS TO AUTHORIZE THE
DEPARTMENT TO REVOKE OR REFUSE TO RENEW A LICENSE
FOR FAILURE TO PAY A FEE OR TAX; TO ADD SECTION
56-1-288 SO AS TO AUTHORIZE THE DEPARTMENT TO
GARNISH AN INCOME TAX REFUND IN LIEU OF REVOCATION
FOR FAILURE TO COMPLY WITH FINANCIAL RESPONSIBILITY;
TO AMEND SECTION 56-1-37O, RELATING TO THE RIGHT OF A
LICENSEE TO REQUEST A REVIEW AFTER NOTIFICATION OF A
SUSPENSION OR OTHER ACTION BY THE DEPARTMENT, SO AS
TO CHANGE A REFERENCE FROM COUNTY TO JUDICIAL
CIRCUIT AND CLARIFY OTHER REFERENCES; TO AMEND
SECTION 56-1-390, RELATING TO THE FEE FOR
REINSTATEMENT OF THE LICENSE, SO AS TO CLARIFY A
REFERENCE AND AUTHORIZE THE DIRECTOR OR HIS
DESIGNEE TO WAIVE OR RETURN THE REINSTATEMENT FEE
UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-1-400,
RELATING TO THE REQUIREMENT THAT THE DEPARTMENT
OF PUBLIC SAFETY, UPON SUSPENDING OR REVOKING A
LICENSE, REQUIRE THAT THE LICENSE BE SURRENDERED TO
THE DEPARTMENT, SO AS TO CLARIFY REFERENCES AND
DELETE REFERENCES TO THE SURRENDERING OF THE
LICENSE TO THE DEPARTMENT OF REVENUE AND TAXATION
AND THE NOTIFICATION REQUIREMENTS; TO AMEND SECTION
56-1-463, RELATING TO THE REQUIREMENT THAT SECTION
56-1-560 DOES NOT APPLY IF AND WHEN THE PROPOSED
SUSPENSION IS BASED SOLELY ON THE LACK OF NOTICE
BEING GIVEN TO THE DEPARTMENT, SO AS TO CLARIFY THE
REFERENCE AND SPECIFY THAT FINES OR PENALTIES ARE
DUE TO THE COURT; TO ADD SECTION 56-1-478 SO AS TO
AUTHORIZE THE DEPARTMENT TO ENTER INTO RECIPROCAL
AGREEMENTS WITH OTHER STATES AND POLITICAL
SUBDIVISIONS FOR THE COLLECTION OF FINES, FEES, OR
OTHER COSTS WHICH RESULTED IN THE REVOCATION OF A
PERSON'S DRIVING PRIVILEGES OF A PERSON APPLYING FOR
A DRIVER'S LICENSE OR RENEWING A DRIVER'S LICENSE IN
THIS STATE; TO AMEND SECTION 56-1-640 TO CHANGE A
REFERENCE FROM THE LICENSING AUTHORITY OF THE
PARTY STATE TO THE DEPARTMENT AND FROM A
REFERENCE TO JURISDICTION TO SOUTH CAROLINA; TO
AMEND SECTION 56-1-650, RELATING TO THE REPORTING OF
CERTAIN VIOLATIONS BY THE LICENSING AUTHORITY IN THE
HOME STATE, SO AS TO DELETE REFERENCES TO LICENSING
AUTHORITY AND SUBSTITUTE THE REQUIREMENT THAT A
STATE THAT IS A MEMBER OF THE DRIVER'S LICENSE
COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF
THE COMPACT A CONVICTION FOR CERTAIN CRIMES,
CLARIFY DESCRIPTIONS OF CERTAIN CRIMES, PROVIDE THAT
IF THE VIOLATIONS LISTED IN THIS SECTION ARE NOT
PRECISELY THE SAME WORDS USED BY A MEMBER STATE,
THE MEMBER STATE SHALL CONSTRUE THE DESCRIPTION TO
APPLY TO OFFENSES OF THE MEMBER STATE THAT ARE
SUBSTANTIALLY SIMILAR TO THE ONES DESCRIBED, REQUIRE
THAT A STATE AS A MEMBER OF THE COMPACT SHALL
REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A
CONVICTION WHERE ANY OTHER OFFENSE OR ANY OTHER
INFORMATION CONCERNING CONVICTIONS THAT THE
MEMBER STATES AGREE TO REPORT, PROVIDE THAT FOR A
CONVICTION THAT IS NOT REQUIRED TO BE REPORTED
UNDER THIS SECTION, THE PROVISIONS OF SECTION 56-1-320
SHALL GOVERN THE EFFECT OF THE REPORT CONVICTION IN
THIS STATE AND PROVIDE THAT FOR A CONVICTION THAT IS
NOT REQUIRED TO BE REPORTED UNDER THIS SECTION
NOTICE OF THE CONVICTION MUST BE RECEIVED BY THE
DEPARTMENT FOR PURPOSES OF SUSPENSION OR
REVOCATION WITHIN ONE YEAR OF THE DATE OF
CONVICTION; TO AMEND SECTION 56-1-670, SO AS TO
CLARIFY REFERENCES TO THE DEPARTMENT AND TO SOUTH
CAROLINA; TO AMEND SECTION 56-1-680, SO AS TO CHANGE
REFERENCES FROM THE HEAD OF THE LICENSING
AUTHORITY OF EACH PARTY STATE TO THE DIRECTOR OR
HIS DESIGNEE OF THE DEPARTMENT FOR PURPOSES OF
FORMULATING NECESSARY PROCEDURES FOR THE
EXCHANGE OF INFORMATION UNDER THE COMPACT; TO
AMEND SECTION 56-1-746, RELATING TO THE SUSPENSION OF
A DRIVER'S LICENSE FOR OFFENSES RELATING TO THE
POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND
ALCOHOLIC BEVERAGES, SO AS TO CHANGE A REFERENCE
FOR AN OFFENSE FROM SECTION 56-1-510(4) TO SECTION
56-1-510(5); TO AMEND SECTION 56-1-800, RELATING TO
COPIES OF PROCEEDINGS HELD UNDER THE PROVISIONS OF
ARTICLE 3, CHAPTER 1 OF THIS TITLE, SO AS TO INCLUDE A
REFERENCE TO AN OPTICAL DISK AND TO PROVIDE THAT IT
IS DEEMED A TRUE COPY WHEN CERTIFIED BY THE
DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 56-1-820,
RELATING TO THE RIGHT OF A LICENSEE TO REQUEST IN
WRITING A REVIEW AFTER NOTICE OF SUSPENSION, SO AS TO
DELETE REFERENCES TO REVIEW AND PROVIDE THAT HE
HAS THE RIGHT TO AN ADMINISTRATIVE HEARING AND TO
CLARIFY A REFERENCE; TO AMEND SECTION 56-1-1020,
RELATING TO THE MEANING OF A HABITUAL OFFENDER, AS
DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY, SO
AS TO CLARIFY REFERENCES AND DELETE THE DEFINITION
OF CONVICTION UNDER THIS SECTION AND A REFERENCE TO
THE APPLICABILITY OF ARTICLE 5, CHAPTER 1 OF THIS TITLE
TO CONVICTIONS WHICH OCCURRED PRIOR TO JUNE 14, 1973;
TO AMEND SECTION 56-1-1100, RELATING TO THE OPERATION
OF A MOTOR VEHICLE IN THIS STATE WHILE THE DECISION
OF THE DEPARTMENT PROHIBITING ITS OPERATION IS IN
EFFECT, SO AS TO DELETE THE CRIME OF UNLAWFULLY
OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE
DEPARTMENT REMAINS IN EFFECT, AND CLARIFYING
REFERENCES; TO AMEND SECTION 56-1-1330, RELATING TO
PROVISIONAL DRIVER'S LICENSE, SO AS TO CORRECT
CERTAIN REFERENCES TO THE DEPARTMENT OF ALCOHOL
AND OTHER DRUG ABUSE SERVICES AND OTHER
REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO
AMEND SECTION 56-1-2100, RELATING TO A COMMERCIAL
DRIVER'S LICENSE, SO AS TO DELETE A REFERENCE TO THE
DEPARTMENT OF PUBLIC SAFETY AND CHANGE FROM THE
FOURTH TO THE FIFTH CALENDAR YEAR AFTER THE
CALENDAR YEAR IN WHICH IT WAS ISSUED THE EXPIRATION
OF THE LICENSE; TO AMEND SECTION 56-1-2130, RELATING TO
TESTS FOR ALCOHOL OR DRUGS AND THE PRESUMPTION OF
CONSENT, SO AS TO CLARIFY A REFERENCE AND DELETE A
REFERENCE TO THE REQUIREMENT THAT THE DEPARTMENT
BE NOTIFIED IF THE DRIVER IS DISQUALIFIED FROM DRIVING
A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION
56-1-3350, RELATING TO SPECIAL IDENTIFICATION CARDS
ISSUED BY THE DEPARTMENT, SO AS TO CHANGE
REFERENCES FROM THE MOTOR VEHICLE DIVISION OF THE
DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF PUBLIC SAFETY, DELETE THE
REQUIREMENT FOR THE SIGNATURE OF THE DIRECTOR OF A
FACILITY THAT PROVIDES CARE OR SHELTER TO A
HOMELESS PERSON CERTIFYING THAT THE PERSON NAMED
IN THE LETTER IS HOMELESS BE DELETED, AND DELETE THE
REQUIREMENT THAT THE DEPARTMENT MAY PROMULGATE
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS
SECTION; TO AMEND TITLE 56 OF THE 1976 CODE BY ADDING
CHAPTER 2 SO AS TO PROVIDE THAT THE DEPARTMENT MUST
REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR
VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID
PROPERTY TAXES WITHIN THE TIME LIMITS PRESCRIBED, TO
PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL
ISSUE TO COUNTY TREASURERS OR COUNTY TAX
COLLECTORS BIENNIAL LICENSE PLATES AND REVALIDATION
DECALS, AND THAT THESE OFFICIALS SHALL GIVE THEM TO
A MOTOR VEHICLE OWNER, AND TO PROVIDE THAT
VALIDATION DECALS MUST BE ISSUED FOR A PERIOD NOT TO
EXCEED TWELVE MONTHS; TO AMEND SECTION 56-3-240,
RELATING TO CONTENTS OF AN APPLICATION FOR
REGISTRATION AND LICENSING, SO AS TO REVISE THE
REQUIREMENTS OF THE ODOMETER DISCLOSURE
STATEMENT; TO AMEND SECTION 56-3-376, RELATING TO THE
ESTABLISHMENT OF A SYSTEM OF REGISTRATION OF
CERTAIN MOTOR VEHICLES ON A MONTHLY BASIS AND THE
ASSIGNMENT OF ANNUAL REGISTRATION PERIODS, SO AS TO
PROVIDE FOR BIENNIAL REGISTRATIONS OF THESE VEHICLES;
TO AMEND SECTION 56-3-620, RELATING TO BIENNIAL
REGISTRATION FEES FOR PERSONS OVER SIXTY-FIVE OR WHO
ARE HANDICAPPED AND SECTION 56-3-630, RELATING TO FEES
FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO
REVISE AND FURTHER PROVIDE FOR CERTAIN TERMS; TO
AMEND SECTION 56-3-660, RELATING TO FEES FOR
SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO
REVISE THE MANNER IN WHICH THE LICENSE FEES SHALL BE
DEPOSITED AND USED; TO AMEND SECTION 56-3-670,
RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO
DELETE LANGUAGE REQUIRING A PERSON TO CERTIFY TO
THE DEPARTMENT THAT HE IS A BONA FIDE FARMER; TO
AMEND SECTION 56-3-710, RELATING TO FEES FOR HOUSE
TRAILERS, SO AS TO CHANGE CERTAIN REFERENCES; TO
AMEND SECTION 56-3-720, RELATING TO FEES FOR CAMPUS
AND TRAVEL TRAILERS, SO AS TO REVISE THE MANNER IN
WHICH VEHICLES ARE INCLUDED IN THIS CLASSIFICATION;
TO AMEND SECTION 56-3-780, RELATING TO PERMANENT
LICENSE PLATES FOR CERTAIN GOVERNMENTAL VEHICLES,
SO AS TO REVISE THE TYPES OF GOVERNMENTS TO WHICH
THE SECTION APPLIES AND THE WORDS SUCH PLATES MUST
BEAR; TO AMEND SECTIONS 56-3-1010, 56-3-1020, AND
56-3-1040, RELATING TO FLEET MOTOR VEHICLES, SO AS TO
CHANGE CERTAIN REFERENCES AND PROVIDE THE
DEPARTMENT MAY AUTHORIZE SELECT FLEET OPERATORS
TO ISSUE SPECIAL LICENSE PLATES AND REGISTRATION
CARDS FOR THEIR OWN FLEET VEHICLES; TO AMEND
SECTION 56-3-1110, RELATING TO FREE VEHICULAR
REGISTRATION FOR DISABLED VETERANS, SO AS TO REVISE
THE VEHICLES TO WHICH THE SECTION APPLIES AND
PROVIDE THAT SURVIVING SPOUSES OF SUCH VETERANS ARE
ALSO ELIGIBLE TO OBTAIN SUCH PLATE SO LONG AS THEY
DO NOT REMARRY; TO AMEND SECTION 56-3-1150, RELATING
TO FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS
OF WAR, SO AS TO REVISE THE VEHICLES TO WHICH THE
SECTION APPLIES; TO AMEND SECTION 56-3-1320, RELATING
TO FEES FOR REPLACEMENT PLATES AND STICKERS, SO AS
TO REVISE THE MANNER IN WHICH THE FEES ARE
DETERMINED; TO AMEND SECTION 56-3-1330, RELATING TO
SUSPENSION, CANCELLATION, OR REVOCATION OF
REGISTRATIONS AND LICENSINGS, SO AS TO DELETE
CERTAIN JURISDICTION OF THE CIRCUIT COURT OVER THESE
MATTERS; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND
56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR
AMATEUR RADIO OPERATORS, SO AS TO CHANGE CERTAIN
VEHICLE REFERENCES, THE APPLICATION PROCEDURE FOR
SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO
AMEND SECTIONS 56-3-1610, 56-3-1620, AND 56-3-1630,
RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY
MEDICAL TECHNICIANS, SO AS TO CHANGE CERTAIN
VEHICLE REFERENCES, THE APPLICATION PROCEDURES FOR
SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO
AMEND SECTION 56-3-1710, RELATING TO THE DESIGN OF
PLATES FOR PUBLICALLY-OWNED VEHICLES, SO AS TO
FURTHER PROVIDE FOR SUCH DESIGN AND THE
APPLICABILITY OF THE PROVISIONS OF THE SECTION; TO
AMEND SECTIONS 56-3-1750, RELATING TO SPECIAL LICENSE
PLATES FOR MEMBERS OF THE MILITARY RESERVE, 56-3-1810,
RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF
THE NATIONAL GUARD, AND 56-3-1850, RELATING TO SPECIAL
LICENSE PLATES FOR MEDAL OF HONOR RECIPIENTS, SO AS
TO FURTHER PROVIDE FOR THE TYPE OF VEHICLES TO
WHICH THESE SECTIONS APPLY; TO AMEND SECTIONS
56-3-1971, 56-3-1972, 56-3-1973, AND 56-3-1974, RELATING TO
THE UNIFORM PARKING VIOLATIONS TICKET, SO AS TO
REVISE THE PROCEDURES GOVERNING ITS ISSUANCE, FORM,
AND CONTENT; TO AMEND SECTIONS 56-3-2010 AND 56-3-2030,
RELATING TO PERSONALIZED LICENSE PLATES, SO AS TO
REVISE THE MANNER IN WHICH AND VEHICLES FOR WHICH
THESE PLATES MAY BE ISSUED; TO AMEND SECTION
56-3-2150, RELATING TO SPECIAL LICENSE PLATES FOR
MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO
REVISE THE TYPE OF VEHICLES TO WHICH THE SECTION
APPLIES; TO AMEND SECTION 56-3-2320, RELATING TO
DEALER LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR
THE APPLICABILITY OF THE SECTION IN REGARD TO THE
TESTING OR DEMONSTRATION OF TRUCKS; TO AMEND
SECTION 56-3-2380, RELATING TO DENIAL OF APPLICATIONS
FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE
AUTHORITY OF THE DEPARTMENT TO PROMULGATE
REGULATIONS IN REGARD THERETO; TO AMEND SECTION
56-3-2810, RELATING TO SPECIAL LICENSE PLATES FOR
VOLUNTEER FIREMEN, AND SECTION 56-3-3310, RELATING TO
SPECIAL LICENSE PLATES FOR PURPLE HEART RECIPIENTS,
SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES
TO WHICH THE SECTION APPLIES; TO AMEND SECTION
56-3-3710, RELATING TO SPECIAL COLLEGE OR UNIVERSITY
LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE
ISSUANCE OF THESE PLATES AND FOR THE DISTRIBUTION OF
THE FUNDS COLLECTED FROM THE FEES THEREFOR; TO
AMEND SECTION 56-3-3910, RELATING TO COMMEMORATIVE
LICENSE PLATES FOR THE STATE DANCE, SECTION 56-3-3950,
RELATING TO "KEEP SOUTH CAROLINA BEAUTIFUL"
LICENSE PLATES, AND SECTION 56-3-4310, RELATING TO
SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE
UNITED STATES ARMED FORCES, SO AS TO FURTHER
PROVIDE FOR THE TYPES OF VEHICLES TO WHICH THESE
SECTIONS APPLY; TO AMEND SECTION 56-3-4510, AS
AMENDED, RELATING TO SPECIAL COMMEMORATIVE
LICENSE PLATES FOR NONGAME WILDLIFE AND NATURAL
AREAS FUND, SO AS TO PROVIDE THE DEPARTMENT OF
REVENUE AND TAXATION SHALL ISSUE A SPECIAL
COMMEMORATIVE MOTOR VEHICLE LICENSE PLATE FOR USE
BY THE OWNER ON HIS PRIVATE PASSENGER MOTOR
VEHICLE; TO AMEND SECTION 56-3-4710, AS AMENDED,
RELATING TO THE ISSUANCE OF SOUTH CAROLINA STATE
GUARD LICENSE PLATES, SO AS TO PROVIDE THE
DEPARTMENT MAY ISSUE A SPECIAL MOTOR VEHICLE
LICENSE PLATE TO A MEMBER OF THE GUARD FOR A MOTOR
VEHICLE OWNED BY THE MEMBER; TO AMEND SECTION
56-3-4910, AS AMENDED, RELATING TO SOUTH CAROLINA
FIREFIGHTERS' LICENSE PLATES, SO AS TO PROVIDE THE
DEPARTMENT MAY ISSUE SOUTH CAROLINA FIREFIGHTERS
LICENSE PLATES TO A RESIDENT FOR A PRIVATE PASSENGER
MOTOR VEHICLE OWNED BY HIM AND TO PROVIDE FOR THE
DISBURSEMENT OF THE FUNDS; TO AMEND SECTION
56-3-5910, RELATING TO PEARL HARBOR SURVIVORS' LICENSE
PLATES, SO AS TO PROVIDE AN OWNER OF A PRIVATE
PASSENGER MOTOR VEHICLE MAY APPLY FOR A PEARL
HARBOR SURVIVOR'S LICENSE PLATE; TO AMEND SECTION
56-3-5930, RELATING TO PROOF OF ELIGIBILITY FOR A PEARL
HARBOR LICENSE PLATE, SO AS TO PROVIDE A PEARL
HARBOR LICENSE PLATE MAY BE ISSUED ONLY TO AN
APPLICANT FOR HIS PRIVATE PASSENGER MOTOR VEHICLE;
TO AMEND SECTION 56-5-60, AS AMENDED, RELATING TO
REQUIREMENTS FOR ENVELOPES MAILED BY THE
DEPARTMENT CONTAINING CERTAIN NOTICES, SO AS TO
DELETE THE PHRASE DEPARTMENT OF PUBLIC SAFETY; TO
AMEND SECTION 56-5-750, AS AMENDED, RELATING TO AN
INDIVIDUAL'S FAILURE TO STOP HIS MOTOR VEHICLE WHEN
SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO
PROVIDE THE DEPARTMENT MUST SUSPEND A PERSON'S
DRIVER'S LICENSE FOR A FIRST OFFENSE FOR AT LEAST
THIRTY DAYS FOR FAILURE TO STOP WHEN SIGNALED BY A
LAW ENFORCEMENT VEHICLE BY MEANS OF A SIREN OR
FLASHING LIGHT AND FOR A SECOND OFFENSE THE
PERSON'S DRIVER'S LICENSE MUST BE REVOKED BY THE
DEPARTMENT FOR A PERIOD OF ONE YEAR AND TO DELETE
THE TERM "CONVICTION" AND ITS DEFINITION AND
TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO KEEP
A NONPUBLIC RECORD OF A PERSON'S OFFENSE FOR FAILING
TO STOP FOR A SIGNALING LAW ENFORCEMENT VEHICLE
AFTER THE OFFENDER'S RECORD IS EXPUNGED; TO AMEND
SECTION 56-5-765, AS AMENDED, RELATING TO THE
INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A
MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT
AGENCY, SO AS TO DELETE THE PHRASE "SOUTH
CAROLINA DEPARTMENT OF PUBLIC SAFETY" AND TO
ADD THE TERM "DEPARTMENT"; TO AMEND
SECTION 56-5-1270, RELATING TO ACCIDENT REPORTS WHICH
STATE AN INJURY OR DEATH OCCURRED OR PROPERTY
DAMAGE OF FOUR HUNDRED DOLLARS OR MORE, SO AS TO
REQUIRE AN OWNER OR OPERATOR INVOLVED IN AN
ACCIDENT NOT INVESTIGATED BY A LAW ENFORCEMENT
OFFICER WITH TOTAL PROPERTY DAMAGE OF ONE
THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN
REPORT AND PROOF OF LIABILITY INSURANCE TO THE
DEPARTMENT AND TO REQUIRE A LAW ENFORCEMENT
OFFICER WHO INVESTIGATES A MOTOR VEHICLE ACCIDENT
THAT RESULTS IN INJURY TO OR DEATH OF ANY PERSON OR
TOTAL PROPERTY DAMAGE TO AN APPARENT EXTENT OF
ONE THOUSAND DOLLARS OR MORE TO FORWARD A
WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT
INCLUDING THE NAMES OF INTERVIEWED PARTICIPANTS AND
WITNESSES; TO AMEND SECTION 56-5-1350, RELATING TO THE
DEPARTMENT'S ANALYSIS AND STATISTICS ON REPORTED
ACCIDENTS, SO AS TO LIMIT THE DEPARTMENT'S REPORT TO
ACCIDENT REPORTS FILED PURSUANT TO SECTION 56-5-1270;
TO AMEND SECTION 56-5-2585, RELATING TO THE EXEMPTION
OF MUNICIPAL PARKING METER FEES BY DISABLED
VETERANS, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND
TO ADD THE TERM "DEPARTMENT"; TO AMEND
SECTION 56-5-2980, RELATING TO COPIES OF ACCIDENT
REPORTS PURSUANT TO SECTION 56-5-2970 AS PRIMA FACIE
EVIDENCE OF A PREVIOUS CONVICTION, SO AS TO ALLOW
COPIES OF AN ACCIDENT REPORT ON AN OPTICAL DISK TO
BE USED AS PRIMA FACIE EVIDENCE OF ONLY A PRIOR
CONVICTION AGAINST AN OFFENDER AND TO DELETE THE
PHRASE "MOTOR VEHICLE DIVISION" AND REPLACE
IT WITH THE TERM "DEPARTMENT"; TO AMEND
SECTION 56-5-2990, AS AMENDED, RELATING TO THE
SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE,
SO AS TO DELETE THE PHRASE "DEPARTMENT OF
REVENUE AND TAXATION" AND ADD THE TERM
"DEPARTMENT" AND TO DELETE THE PHRASE
"SOUTH CAROLINA COMMISSION ON ALCOHOL AND
DRUG ABUSE" AND REPLACE IT WITH THE PHRASE
"DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE
SERVICES"; TO AMEND SECTION 56-5-3750, AS AMENDED,
RELATING TO THE SALE OF MOPEDS, SO AS TO DELETE THE
PHRASE "DEPARTMENT OF REVENUE AND
TAXATION" AND ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-4035,
RELATING TO PERMITS FOR VEHICLES CARRYING CULVERT
PIPES, SO AS TO DELETE THE PROVISION THAT THE
DEPARTMENT OF PUBLIC SAFETY MAY INSTITUTE
REGULATIONS FOR THE SALE OF PERMITS TO VEHICLES
CARRYING CULVERT PIPES AND TO MAKE OTHER TECHNICAL
CHANGES; TO AMEND SECTION 56-5-4070, AS AMENDED,
RELATING TO THE REGULATION OF LENGTH OF VEHICLES ON
HIGHWAYS, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF PUBLIC SAFETY" AND ADD THE
TERM "DEPARTMENT"; TO AMEND SECTION
56-5-4075, AS AMENDED, RELATING TO REGULATIONS
GOVERNING VEHICULAR TRAFFIC ON HIGHWAYS, SO AS TO
DELETE THE PHRASES "DEPARTMENT OF PUBLIC
SAFETY" AND "THE DEPARTMENT OF REVENUE AND
TAXATION" AND TO ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-4095, AS
AMENDED, RELATING TO THE TRANSPORTATION OF
MODULAR OR SECTIONAL HOUSING UNITS ON THE STATE'S
PUBLIC HIGHWAYS, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND
ADD THE PHRASE "DEPARTMENT OF
TRANSPORTATION"; TO AMEND SECTION 56-5-4140, AS
AMENDED, RELATING TO THE GROSS WEIGHT OF VEHICLES
OPERATED ON A HIGHWAY IN THE STATE, SO AS TO PROVIDE
THAT A VEHICLE OR COMBINATION OF VEHICLES OPERATED
OR MOVED ON THE HIGHWAY OR INTERSTATE MUST MEET
AXLE SPACING REQUIREMENTS AND MAXIMUM OVERALL
GROSS WEIGHTS AS PROVIDED IN SUBSECTION (B) AND TO
PROVIDE THAT VEHICLES UP TO EIGHTY THOUSAND POUNDS
MAY OPERATE UPON ANY HIGHWAY WITH RESTRICTIONS AS
PROVIDED IN THIS SECTION AND TO DELETE GUIDELINES
FOR THE GROSS WEIGHT OF VEHICLES WITH ONE AND TWO
AXLES AND VEHICLES WHICH HAVE BEEN ISSUED A SPECIAL
PERMIT BY THE DEPARTMENT OF REVENUE AND TAXATION
AND TO MAKE CHANGES IN THE TABLE WHICH DENOTES THE
MAXIMUM WEIGHT VEHICLES ARE ALLOWED WITH TWO OR
MORE CONSECUTIVE AXLES, AND TO DELETE PROVISIONS
REGARDING THE ENFORCEMENT OF A MORATORIUM OF THE
THIRTY-FOUR THOUSAND POUNDS TANDEM AXLE LIMIT AND
THE FEDERAL BRIDGE FORMULA AND TO PROVIDE CERTAIN
TYPES OF VEHICLES ARE LIMITED TO A WEIGHT OF TWENTY
THOUSAND POUNDS FOR EACH AXLE AND TO REQUIRE
CONCRETE MIXING TRUCKS WORKING WITHIN A FIFTEEN
MILE RADIUS OF THEIR HOME BASE MAY NOT WEIGH MORE
THAN SIXTY-SIX THOUSAND POUNDS AND TO PROVIDE
WEIGHT GUIDELINES FOR WELL-DRILLING, BORING RIGS,
AND TENDER TRUCKS AND TO MAKE TECHNICAL CHANGES;
TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO
THE REGISTRATION AND INVESTIGATION BY THE
DEPARTMENT OF REVENUE AND TAXATION OF VEHICLES
WHICH TRANSPORT PROPERTY OR TEN OR MORE PERSONS,
SO AS TO DELETE THE PHRASE "DEPARTMENT OF
REVENUE AND TAXATION" AND TO ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-4160, AS
AMENDED, RELATING TO PENALTIES FOR VEHICLES WHICH
EXCEED THE GROSS WEIGHT IMPOSED BY SECTION 56-5-4130
OR 56-5-4140, SO AS TO PROVIDE FOR THE DISBURSEMENT OF
FINES COLLECTED FROM VEHICLES WHICH CARRY EXCESS
WEIGHT; TO AMEND SECTION 56-5-4192, AS AMENDED,
RELATING TO THE MOVEMENT OF A MOBILE HOME ON
HIGHWAYS OF THIS STATE ON SATURDAYS, SO AS TO MAKE
TECHNICAL CHANGES; TO AMEND SECTION 56-5-4720, AS
AMENDED, RELATING TO THE USE OF OSCILLATING,
ROTATING, OR FLASHING RED LIGHTS ON STATE
DEPARTMENT HIGHWAYS AND PUBLIC TRANSPORTATION
VEHICLES, SO AS TO DELETE THE TERM
"DEPARTMENT" AND ADD THE PHRASE
"DEPARTMENT OF TRANSPORTATION"; TO AMEND
SECTION 56-5-4880, AS AMENDED, RELATING TO THE
INSPECTION OF BRAKES OF MOTOR-DRIVEN CYCLES BY THE
DEPARTMENT, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND
ADD THE TERM "DEPARTMENT"; TO AMEND
SECTION 56-5-5010, AS AMENDED, RELATING TO THE SAFETY
GLASS IN MOTOR VEHICLES, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND
ADD THE TERM "DEPARTMENT"; TO AMEND
SECTION 56-5-5670, AS AMENDED, RELATING TO THE DUTIES
OF A PERSON WHO DEMOLISHES VEHICLES, SO AS TO DELETE
THE PHRASE "DEPARTMENT OF REVENUE AND
TAXATION" AND ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-5810,
RELATING TO DEFINITIONS FOR PURPOSES OF ABANDONED
VEHICLES, SO AS TO REVISE DEFINITIONS WITH RESPECT TO
SUCH VEHICLES AND TRANSFER ENFORCEMENT AUTHORITY;
TO ADD SECTION 56-5-5820 SO AS TO DECLARE THAT
ABANDONED AND DERELICT VEHICLES CONSTITUTE A
HEALTH AND SAFETY HAZARD; TO AMEND SECTION 56-5-5840,
RELATING TO ABANDONED VEHICLES, SO AS TO DELETE
OBSOLETE PROVISIONS; TO AMEND SECTION 56-5-5850, AS
AMENDED, RELATING TO PROCEDURES EMPLOYED IN THE
REMOVAL OF ABANDONED OR DERELICT VEHICLES, SO AS TO
REVISE THESE PROCEDURES; TO AMEND SECTION 56-5-5870,
AS AMENDED, RELATING TO AUTHORITY TO CONTRACT TO
PREPARE FOR THE DISPOSAL OF ABANDONED VEHICLES, SO
AS TO EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS
AND DELETE REFERENCES TO THE AUTHORITY OF THE
DIRECTOR; TO AMEND SECTION 56-5-5880, RELATING TO
AUTHORITY TO ENTER ONTO PROPERTY TO ENFORCE
ABANDONED VEHICLE PROVISIONS, SO AS TO EXTEND THIS
AUTHORITY TO LOCAL GOVERNMENTS; TO AMEND SECTION
56-5-5890, RELATING TO THE REQUIREMENT NOT TO HARM
ABANDONED VEHICLES IN THE PROCESS OF REMOVAL, SO AS
TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION
56-5-5900, RELATING TO THIRD PARTY LIABILITY FOR
PENALTIES AND FEES WITH RESPECT TO ABANDONED
VEHICLES, SO AS TO MAKE GRAMMATICAL CHANGES AND
AUTHORIZE RECEIPT OF STOLEN VEHICLE REPORTS FROM
OTHER STATES; TO AMEND SECTION 56-5-5910, RELATING TO
PENALTIES FOR TAMPERING WITH IDENTIFYING TAGS, SO AS
TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION
56-5-5920, RELATING TO THE CIRCUMSTANCES UNDER WHICH
VEHICLES ARE SUBJECT TO THE ABANDONMENT PROVISIONS,
SO AS TO MAKE GRAMMATICAL CHANGES AND LIMIT THE
APPLICATION OF THE ARTICLE TO VEHICLES PRESENTING AN
IMMEDIATE HAZARD; TO AMEND SECTION 56-5-5940,
RELATING TO ENFORCEMENT OF THE ABANDONED VEHICLE
LAW, SO AS TO AUTHORIZE THE LANDOWNER WHERE A
VEHICLE IS ABANDONED TO APPLY TO THE APPROPRIATE
LAW ENFORCEMENT JURISDICTION TO ENFORCE THE
ARTICLE; TO ADD SECTION 56-5-5945, SO AS TO PROVIDE FOR
THE DUTIES OF DEMOLISHERS RECEIVING ABANDONED CARS;
TO AMEND SECTION 56-5-5950, RELATING TO THE OFFENSE OF
ABANDONING A VEHICLE, SO AS TO INCREASE THE
MAXIMUM FINE; TO AMEND SECTION 56-7-10, AS AMENDED,
RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO
REQUIRE APPROVAL OF THE TICKET FORM BY THE
ATTORNEY GENERAL WITHIN THIRTY DAYS AND TO
AUTHORIZE AUTOMATED TICKETS UPON APPROVAL BY THE
DEPARTMENT; TO AMEND SECTION 56-7-12, AS AMENDED,
RELATING TO INSURANCE VERIFICATION FOLLOWING A
MOVING VIOLATION, SO AS TO AUTHORIZE RATHER THAN
REQUIRE THE FURNISHING OF THE INSURANCE VERIFICATION
REQUEST FORM TO THE ALLEGED VIOLATOR AND TO
TRANSFER ENFORCEMENT OF THIS PROVISION; TO AMEND
SECTION 56-9-330, RELATING TO FEES FOR DRIVING RECORD
ABSTRACTS AND ACCIDENT REPORTS, SO AS TO DELETE
REFERENCES TO SPECIFIC FEES; TO ADD SECTION 56-9-505, SO
AS TO AUTHORIZE A WAIVER OF THE FINANCIAL
RESPONSIBILITY REQUIREMENTS FOR SUSPENSIONS FOR
FAILURE TO PAY PROPERTY TAXES UPON PROOF OF
PAYMENT; TO AMEND SECTION 56-10-45, AS AMENDED,
RELATING TO SUSPENSION AND REVOCATION IN ENFORCING
MANDATORY INSURANCE REQUIREMENTS, SO AS TO
AUTHORIZE AGREEMENTS FOR ENFORCEMENT, TO IMPOSE
AN ADDITIONAL FIFTY DOLLAR FINE FOR ITEMS RECOVERED
TO BE CREDITED TO THE GENERAL FUND OF THE LOCAL
JURISDICTION, AND TO TRANSFER GENERAL ENFORCEMENT
AUTHORITY; TO AMEND SECTION 56-10-240, AS AMENDED,
RELATING TO THE CRIMINAL AND CIVIL PENALTIES FOR
FAILING TO MAINTAIN INSURANCE ON A VEHICLE, SO AS TO
DELETE THE INCREASED REINSTATEMENT FEE FOR
SUBSEQUENT INSURANCE LAPSES, TO LIMIT TO TEN YEARS
THE PERIOD REQUIRED TO BE CONSIDERED IN DETERMINING
PRIOR CONVICTIONS FOR PURPOSES OF THE CRIMINAL
PENALTY, AND TO TRANSFER ENFORCEMENT AUTHORITY; TO
ADD CHAPTER 11 IN TITLE 56, RELATING TO MOTOR
VEHICLES, SO AS TO PROVIDE FOR THE REVISED IMPOSITION
OF THE ROAD TAX ON MOTOR CARRIERS AND PROVIDE FOR
THE ENFORCEMENT OF THE CHAPTER; TO AMEND SECTION
56-15-310, RELATING TO MOTOR VEHICLES AND THE
REQUIREMENT OF A LICENSE, SO AS TO, AMONG OTHER
THINGS, CHANGE THE LICENSING PERIOD; TO AMEND
SECTION 56-15-340, RELATING TO MOTOR VEHICLE RECORDS,
SO AS TO REORGANIZE THE PROVISIONS OF THE SECTION; TO
AMEND SECTION 56-15-570, RELATING TO WHOLESALE MOTOR
VEHICLE AUCTIONS AND THE REQUIREMENT OF A SURETY
BOND, SO AS TO, AMONG OTHER THINGS, DELETE THE
PROVISION THAT A NEW BOND OR A PROPER CONTINUATION
CERTIFICATE MUST BE DELIVERED TO THE ADMINISTERING
AGENCY ANNUALLY BEFORE RENEWAL OF LICENSE; TO
AMEND SECTION 56-16-140, RELATING TO REGULATION OF
MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS,
AND WHOLESALERS AND THE LICENSE FOR A DEALER OR
WHOLESALER, FEES, AND PENALTIES FOR NONCOMPLIANCE,
SO AS TO, AMONG OTHER THINGS, RESTATE THE LICENSING
PERIOD; TO AMEND SECTION 56-16-170, RELATING TO
RECORDS PERTAINING TO THE TRANSFER OF MOTORCYCLES
AND PENALTIES FOR FAILURE TO KEEP RECORDS OR TO
MAKE THEM AVAILABLE, SO AS TO REORGANIZE THE
SECTION; TO AMEND TITLE 56, RELATING TO MOTOR
VEHICLES, BY ADDING CHAPTER 17 SO AS TO ENACT
PROVISIONS FOR CRIMINAL PENALTIES; TO AMEND SECTION
56-19-10, AS AMENDED, RELATING TO PROTECTION OF TITLES
TO AND INTERESTS IN MOTOR VEHICLES AND DEFINITIONS,
SO AS TO DEFINE "MOPED"; TO AMEND SECTION
56-19-240, AS AMENDED, RELATING TO APPLICATION FOR A
MOTOR VEHICLE CERTIFICATE OF TITLE, FORM, AND
CONTENTS, SO AS TO, AMONG OTHER THINGS, DELETE THE
PROVISION THAT A TRANSFEROR MAY COMPLETE THE
ODOMETER DISCLOSURE STATEMENT ON EITHER A
NOTARIZED BILL OF SALE IN AN APPROVED FORMR ON THE
PREVIOUS CERTIFICATE OF TITLE; TO AMEND SECTION
56-19-280, RELATING TO MOTOR VEHICLE CERTIFICATES OF
TITLE, REFUSAL OF A CERTIFICATE, AND A VEHICLE WHICH
IS REPORTED STOLEN OR CONVERTED, SO AS TO PROVIDE
THAT A TITLE MAY BE ISSUED ON A VEHICLE THAT IS
REPORTED STOLEN ONLY IN CASES WHERE THE SETTLEMENT
TO AN INSURANCE COMPANY IS INVOLVED; TO AMEND
SECTION 56-19-310, RELATING TO NUMBERING MOTOR
VEHICLE CERTIFICATES ISSUED TO SUCCESSIVE OWNERS
AND TWO TRANSFERS WHEN AN AUCTIONEER GIVES TITLE,
SO AS TO DELETE THE PROVISION THAT TRANSFER OR SALE
OF A VEHICLE THROUGH AN AUCTION SALE WHERE THE
AUCTIONEER GIVES TITLE SHALL BE CONSIDERED A SALE;
TO AMEND SECTION 56-19-340, RELATING TO THE MAILING OF
THE MOTOR VEHICLE CERTIFICATE OF TITLE TO THE FIRST
LIENHOLDER OR, IF NONE, TO THE OWNER, SO AS TO
PROVIDE ALTERNATIVELY FOR THE CERTIFICATE OF TITLE
TO BE GIVEN TO THE LIENHOLDER'S AUTHORIZED AGENT; TO
AMEND SECTION 56-19-480, RELATING TO THE TRANSFER AND
SURRENDER OF CERTIFICATES, LICENSE PLATES,
REGISTRATION CARDS, AND MANUFACTURER'S SERIAL
PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED,
SCRAPPED, OR DESTROYED, SO AS TO, AMONG OTHER
THINGS, REQUIRE A REPORT INDICATING THE TYPE AND
SEVERITY OF ANY DAMAGE TO THE VEHICLE; TO AMEND
SECTION 56-19-650, RELATING TO THE PROCEDURE TO BE
FOLLOWED WHEN AN OWNER CREATES A SECURITY
INTEREST IN A MOTOR VEHICLE, SO AS TO, AMONG OTHER
THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS AND
PROVIDE FOR THE SITUATION WHERE A SUPPLEMENTAL LIEN
IS CREATED BY THE OWNER; TO AMEND SECTION 56-23-10, AS
AMENDED, RELATING TO THE REQUIREMENT THAT DRIVER
TRAINING SCHOOLS BE LICENSED, SO AS TO DELETE
UNNECESSARY LANGUAGE DEFINING
"DEPARTMENT"; TO AMEND SECTION 56-25-10, AS
AMENDED, RELATING TO NONRESIDENT TRAFFIC VIOLATOR
COMPACTS, SO AS TO, AMONG OTHER THINGS, DELETE THE
AUTHORIZATION TO PROMULGATE REGULATIONS; TO AMEND
SECTION 56-25-20, RELATING TO SUSPENSION OF DRIVER'S
LICENSE FOR FAILURE TO COMPLY WITH A TRAFFIC
CITATION ISSUED IN SOUTH CAROLINA OR ANY
JURISDICTION HAVING THE NONRESIDENT TRAFFIC
VIOLATOR COMPACTS, SO AS TO, AMONG OTHER THINGS,
PERMIT, RATHER THAN REQUIRE, THE SUSPENSION OF THE
DRIVER'S LICENSE, AND PROVIDE FOR THE OPTION OF
REFUSING TO RENEW THE LICENSE; TO AMEND SECTION
56-28-10, RELATING TO ENFORCEMENT OF MOTOR VEHICLE
EXPRESS WARRANTIES AND DEFINITIONS, SO AS TO PROVIDE
THAT "MOTOR VEHICLE" MEANS A PRIVATE
PASSENGER MOTOR VEHICLE AND REMOVE THE PROVISION
EXCLUDING TRUCKS WITH A GROSS VEHICLE WEIGHT OVER
SIX THOUSAND POUNDS FROM BEING COVERED UNDER THE
TERM "MOTOR VEHICLE", AND TO PROVIDE THAT A
"NEW MOTOR VEHICLE" MEANS, AMONG OTHER
THINGS, A PRIVATE PASSENGER VEHICLE; TO AMEND
SECTION 56-29-50, AS AMENDED, RELATING TO THE
"MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED
PROPERTY ACT" AND FORFEITURE OF THE MOTOR
VEHICLE, TOOLS, IMPLEMENTS, OR OTHER
INSTRUMENTALITY, SO AS TO TRANSFER
ADMINISTERING-AGENCY AUTHORITY FROM THE
DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE FOR THE
CERTIFICATION OF THE SEIZING AGENCY RATHER THAN ITS
AFIDAVIT; TO AMEND SECTION 56-31-50, AS AMENDED,
RELATING TO RENTAL OF PRIVATE PASSENGER
AUTOMOBILES AND THE SURCHARGE ON THE RENTAL OF
SUCH VEHICLES FOR THIRTY-ONE DAYS OR LESS, SO AS TO,
AMONG OTHER THINGS, TRANSFER ADMINISTERING-AGENCY
AUTHORITY FROM THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY,
PROVIDE FOR REMITTING CERTAIN EXCESS SURCHARGE
REVENUES TO THE STATE TREASURER'S OFFICE, RATHER
THAN THE DEPARTMENT OF REVENUE AND TAXATION, AND
DELETE CERTAIN PROVISIONS; TO REPEAL CHAPTER 31 OF
TITLE 12, RELATING TO THE ROAD TAX ON MOTOR
CARRIERS, AND SECTIONS 12-4-400, RELATING TO THE
DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES;
12-4-410, RELATING TO THE DUTIES AND POWERS OF THE
DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES;
12-37-2740, RELATING TO ASSESSMENT OF PROPERTY TAXES,
MOTOR VEHICLES, AND SUSPENSION OF DRIVER'S LICENSE
AND REGISTRATION; 20-7-947, RELATING TO CHILD SUPPORT,
SUPPORT ENFORCEMENT THROUGH VEHICLE LICENSE
REVOCATION, AND INTERAGENCY AGREEMENTS; 23-6-10(3),
RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND
THE DEFINITION OF "DEPUTY DIRECTOR"; 23-6-200,
RELATING TO THE DIVISION OF PUBLIC SAFETY OF THE
DEPARTMENT OF PUBLIC SAFETY; 56-1-225(B), RELATING TO
THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR
ACCIDENTS WITHIN TWENTY-FOUR MONTHS AND THE
AUTHORITY TO PROMULGATE REGULATIONS; 56-1-520,
RELATING TO ADMINISTRATION AND ENFORCEMENT OF
ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S
LICENSES; 56-1-530, RELATING TO THE PROMULGATION OF
RULES AND REGULATIONS FOR THE ENFORCEMENT OF
ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S
LICENSES; 56-1-550, RELATING TO THE USE OF FEES
COLLECTED UNDER ARTICLE 1 OF CHAPTER 1, TITLE 56,
REGARDING DRIVER'S LICENSES; 56-1-560, RELATING TO THE
PROVISION THAT ARTICLE 1 OF CHAPTER 1 OF TITLE 56,
REGARDING DRIVER'S LICENSES, SHALL NOT BE HELD TO
REPEAL ANY OTHER LAWS BUT SHALL BE HELD TO BE
CUMULATIVE; 56-1-830, RELATING TO JUDICIAL REVIEW OF
THE SUSPENSION OF A DRIVER'S LICENSE; 56-1-840, RELATING
TO ADMINISTRATION AND ENFORCEMENT OF ARTICLE 3 OF
CHAPTER 1, TITLE 56, REGARDING THE POINT SYSTEM FOR
EVALUATING OPERATING RECORDS OF DRIVERS, AND
PROMULGATION OF RULES AND REGULATIONS; 56-1-1120,
RELATING TO THE REQUIREMENT THAT THE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL
REVIEW AND CERTIFY CERTAIN DRIVER'S LICENSE RECORDS;
56-1-3390, RELATING TO PROMULGATION OF RULES AND
REGULATIONS TO IMPLEMENT ARTICLE 15 OF CHAPTER 1,
TITLE 56, REGARDING IDENTIFICATION CARDS; 56-3-20(21),
RELATING TO MOTOR VEHICLE REGISTRATION AND
LICENSING AND THE DEFINITION OF
"DEPARTMENT"; 56-3-251, RELATING TO BIENNIAL
LICENSE PLATES OR REVALIDATION DECALS FOR MOTOR
VEHICLES; 56-3-420, RELATING TO THE GROUNDS FOR
REFUSING TO LICENSE AND REGISTER AN AUTOMOBILE
UTILITY TRAILER; 56-3-880, RELATING TO THE
PROMULGATION OF RULES AND REGULATIONS AS TO
UNCERTIFIED CHECKS TENDERED FOR MOTOR VEHICLE
LICENSE FEES; 56-3-1010(3), RELATING TO CORPORATE-OWNED
FLEET MOTOR VEHICLES AND THE DEFINITION OF
"DEPARTMENT"; 56-3-1160, RELATING TO
PROMULGATION OF REGULATIONS FOR THE EFFECTUATION
OF ARTICLE 8 OF CHAPTER 3, TITLE 56, REGARDING FREE
VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR;
56-3-1950(1), RELATING TO FREE PARKING FOR HANDICAPPED
PERSONS AND THE DEFINITION OF "DEPARTMENT";
56-3-2410, RELATING TO PROVISIONS REGARDING
ADMINISTERING AND ENFORCING CHAPTER 3, TITLE 56, AS
TO REGISTRATION AND LICENSING OF MOTOR VEHICLES AND
RULES AND REGULATIONS; 56-3-2500, RELATING TO RULES
AND REGULATIONS GOVERNING CHANGE OR SUBSTITUTION
OF MOTOR VEHICLE ENGINES; 56-3-2670, RELATING TO
PROMULGATION OF REGULATIONS NECESSARY TO
IMPLEMENT ARTICLE 29 OF CHAPTER 3, TITLE 56, REGARDING
CERTAIN TEMPORARY LICENSE PLATES; 56-3-2750, RELATING
TO PROMULGATION OF REGULATIONS NECESSARY TO
IMPLEMENT ARTICLE 30 OF CHAPTER 3, TITLE 56, REGARDING
TEMPORARY LICENSE PLATES AND CERTIFICATES OF
REGISTRATION OF MOTOR VEHICLES USED ONLY FOR
CORPORATE RESEARCH AND DEVELOPMENT; 56-5-370,
RELATING TO TRAFFIC REGULATION, GOVERNMENTAL
AGENCIES, PEDESTRIANS, POLICE OFFICERS, AND OTHER
PERSONS AND THE DEFINITION OF "DEPARTMENT";
56-5-2960, RELATING TO TRAFFIC REGULATION AND THE
PROVISION THAT PLEAS OF GUILTY OR NOLO CONTENDERE
OR FORFEITURE OF BAIL ARE THE SAME AS A CONVICTION;
56-5-5015(L), RELATING TO PROMULGATION OF REGULATIONS
PRESCRIBING ENFORCEMENT OF THE PROCEDURE AND
MECHANISM FOR TESTING LIGHT TRANSMITTANCE IN
VEHICLE GLASS; 56-5-5610, RELATING TO DEFINITIONS UNDER
THE LAWS ON DISPOSITION OF ABANDONED MOTOR
VEHICLES ON THE HIGHWAYS; 56-5-5680, RELATING TO
PENALTIES UNDER THE LAWS ON DISPOSITION OF
ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5830,
RELATING TO DUTIES OF THE DIRECTOR OF THE
DEPARTMENT OF REVENUE AND TAXATION, AND THE
REQUIREMENT THAT COUNTY AND MUNICIPAL OFFICERS
COOPERATE WITH THE DIRECTOR, REGARDING DISPOSITION
OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC
OR PRIVATE PROPERTY; 56-5-5860, RELATING TO THE
REQUIREMENT THAT TITLES SHALL VEST IN THE STATE OF
SOUTH CAROLINA WITH RESPECT TO THE DISPOSITION OF
ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR
PRIVATE PROPERTY; 56-5-5930, RELATING TO
IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 41 OF
CHAPTER 5, TITLE 56, REGARDING DISPOSITION OF
ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR
PRIVATE PROPERTY; 56-5-6180, RELATING TO PROMULGATION
OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF
ARTICLE 43 OF CHAPTER 5, TITLE 56, REGARDING TRAFFIC
VIOLATIONS PROCEDURE; 56-9-20(1), RELATING TO THE
DEFINITION OF "CONVICTION" UNDER THE MOTOR
VEHICLE FINANCIAL RESPONSIBILITY ACT; 56-9-20(2),
RELATING TO THE DEFINITION OF "DEPARTMENT"
UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY
ACT; 56-9-310, RELATING TO THE ADMINISTRATION OF
CHAPTER 9, TITLE 56, REGARDING THE MOTOR VEHICLE
FINANCIAL RESPONSIBILITY ACT, AND TO THE HEARINGS
AND THE PROMULGATION OF RULES AND REGULATIONS
THEREUNDER; 56-10-210(3), RELATING TO THE DEFINITION OF
"DEPARTMENT" UNDER THE LAWS REGARDING
INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE
REGISTRATION; 56-10-290, RELATING TO ENFORCEMENT OF
THE PROVISIONS OF ARTICLE 3 OF CHAPTER 10, TITLE 56,
REGARDING INSURANCE REQUIREMENTS AS TO MOTOR
VEHICLE REGISTRATION; 56-10-300, RELATING TO THE POWER
TO PRESCRIBE, ADOPT, PROMULGATE, RESCIND, AND
ENFORCE REGULATIONS WITH RESPECT TO ARTICLE 3 OF
CHAPTER 10, TITLE 56, REGARDING INSURANCE
REQUIREMENTS RELATING TO MOTOR VEHICLE
REGISTRATION; 56-15-10(R), RELATING TO THE DEFINITION OF
"DEPARTMENT" UNDER THE LAWS ON MOTOR
VEHICLES AND THE REGULATION OF MANUFACTURERS,
DISTRIBUTORS, AND DEALERS; 56-15-360, RELATING TO THE
PROMULGATION OF REGULATIONS NECESSARY FOR THE
ENFORCEMENT OF CHAPTER 15, TITLE 56, REGARDING
REGULATION OF MOTOR VEHICLE MANUFACTURERS,
DISTRIBUTORS, AND DEALERS; 56-16-10(R), RELATING TO THE
DEFINITION OF "DEPARTMENT" UNDER THE LAWS
REGARDING THE REGULATION OF MOTORCYCLE
MANUFACTURERS, DISTRIBUTORS, DEALERS, AND
WHOLESALERS; 56-16-190, RELATING TO AUTHORITY TO
PROMULGATE REGULATIONS NECESSARY FOR THE
ENFORCEMENT OF CHAPTER 16, TITLE 56, REGARDING
REGULATION OF MOTORCYCLE MANUFACTURERS,
DISTRIBUTORS, DEALERS, AND WHOLESALERS; 56-19-10(5),
RELATING TO THE DEFINITION OF "DEPARTMENT"
UNDER THE LAWS REGARDING PROTECTION OF TITLES TO
AND INTERESTS IN MOTOR VEHICLES; 56-19-30, RELATING TO
ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS
NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 19,
TITLE 56, REGARDING PROTECTION OF TITLES TO AND
INTERESTS IN MOTOR VEHICLES, AND RELATING TO
ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS
NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 21,
TITLE 16, REGARDING OFFENSES INVOLVING MOTOR VEHICLE
TITLES; 56-27-10(C), RELATING TO THE DEFINITION OF
"DEPARTMENT" UNDER THE LAWS ON
PROFESSIONAL HOUSEMOVING; 38-73-456, RELATING TO THE
PROVISION THAT AN INCREASE IN AUTOMOBILE INSURANCE
PREMIUMS, OR ADDITIONAL SURCHARGES, FOR A DRIVING
VIOLATION IS PROHIBITED UNTIL A CONVICTION OCCURS;
AND 38-77-175, RELATING TO VERIFICATION OF AUTOMOBILE
INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC
TICKET, FORM, AND PENALTY; AND TO PROVIDE THAT, WITH
RESPECT TO THE REPEAL OF ITEMS OR SUBSECTIONS OF
PROVISIONS OF LAW IN THIS ACT, THE CODE COMMISSIONER
SHALL RENUMBER, OR RELETTER, ALL REMAINING ITEMS OR
SUBSECTIONS AS NECESSARY TO CONFORM TO THE
REPEALER.
Be it enacted by the General Assembly of the State of South
Carolina:
Dealer and wholesaler license plates
SECTION 1. Section 56-3-2320(A) of the 1976 Code, as last amended
by Section 121J, Part II, Act 497 of 1994, is further amended to
read:
"(A) Upon application being made and the required fee being
paid to the department, the department may issue dealer license plates to
a licensed motor vehicle dealer. The license plates, notwithstanding other
provisions of this chapter to the contrary, may be used exclusively on
motor vehicles owned by, assigned, or loaned for test driving purposes to
the dealer when operated on the highways of this State by the dealer, its
corporate officers, its employees, or a prospective purchaser of the motor
vehicle. The use by a prospective purchaser is limited to seven days, and
the dealer shall provide the prospective purchaser with a dated
demonstration certificate. The certificate must be approved by the
department. Dealer plates must not be used to operate wreckers or service
vehicles in use by the dealer nor to operate vehicles owned by the dealer
that are leased or rented by the public. No dealer plates may be issued
by the department unless the dealer furnishes proof in a form acceptable
to the department that he has a retail business license as required by
Chapter 36 of Title 12 and has made at least twenty sales of motor
vehicles in the twelve months preceding his application for a dealer plate.
The sales requirement may be waived by the department if the dealer has
been licensed for less than one year. For purposes of this section, the
transfer of ownership of a motor vehicle between the same individual or
corporation more than one time is considered as only one sale. Multiple
transfer of motor vehicles between licensed dealers for the purpose of
meeting eligibility requirements for motor vehicle dealer plates is
prohibited.
A dealer may be issued two plates for the first twenty vehicles sold
during the preceding year and one additional plate for each fifteen
vehicles sold beyond the initial twenty during the preceding year. For
good cause shown, the department in its discretion may issue extra plates.
If the dealer has been licensed less than one year, the department shall
issue a number of license plates based on an estimated number of sales
for the coming year. The department may increase or decrease the
number of plates issued based on actual sales made.
The cost of each dealer plate issued is twenty dollars.
Upon application to the department, a public or private school,
college, or university, or an economic development entity created or
sanctioned by the county where the entity is located, may be issued a
license plate to be used on vehicles loaned or rented to the school,
college, university, or economic development entity by a licensed motor
vehicle dealer. The plate must be a personalized plate designed by the
department. The cost of each plate issued is two hundred dollars, of
which one hundred sixty dollars must be remitted by the department to
the county in which the school, college, university, or economic
development entity is located. Each plate is valid for two years, and
there is no limit on the number of plates which may be issued, except in
the case of an economic development entity where only one plate per
entity is allowed.
A dealer license plate is allowed on a motor vehicle which the dealer
lends to a public or private school for use in a driver education program.
A plate used for this purpose may be obtained without fee and without
regard to the limit on plates issued pursuant to this section. When the
motor vehicle is no longer used for driver education, the dealer shall
surrender the plate to the department.
Notwithstanding the provisions of this section, a dealer exclusively
selling heavy duty trucks at retail is eligible to obtain license plates for
exclusive use on the heavy duty trucks regardless of the number of trucks
sold by him during the preceding required number of months. These
license plates for trucks must be noted with a distinct and separate
identification and used only on heavy duty trucks. For purposes of this
section, heavy duty trucks include trucks having a gross vehicle weight of
sixteen thousand pounds or greater."
Titles to school buses and service vehicles
SECTION 2. Section 1-11-310(E) of the 1976 Code, as last amended by
Act 449 of 1992 is further amended to read:
"(E) Titles to school buses and service vehicles operated by the
State Department of Education and vehicles operated by the South
Carolina Department of Transportation must be retained by those
agencies."
Motor vehicle licensing, registration, and titling
SECTION 3. Section 1-30-90 of the 1976 Code, as added by Act 181 of
1993 is further amended to read:
"Section 1-30-90. The following agencies, boards, and
commissions, including all of the allied, advisory, affiliated, or related
entities as well as the employees, funds, property and all contractual
rights and obligations associated with any such agency, except for those
subdivisions specifically included under another department, are hereby
transferred to and incorporated in and shall be administered as part of the
Department of Public Safety to be initially divided into divisions for
Highway Patrol, State Police, Training and Continuing Education, and
Motor Vehicle.
(A) Law Enforcement Hall of Fame, formerly provided for at Section
23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10,
et seq.;
(C) Public Service Commission Safety Enforcement, formerly
provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at
Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records,
and financial responsibility sections and other offices of the Division of
Motor Vehicles, formerly provided for at Section 56-1-10, et seq.;
(G) The motor vehicle licensing, registration, and titling sections,
formerly provided for at Section 1-30-95(B)."
Department of Revenue and Taxation
SECTION 4. Section 1-30-95 of the 1976 Code, as added by Act 181 of
1993 is further amended to read:
"Section 1-30-95. The following agencies, boards, and
commissions, including all of the allied, advisory, affiliated, or related
entities as well as the employees, funds, property and all contractual
rights and obligations associated with any such agency, except for those
subdivisions specifically included under another department, are hereby
transferred to and incorporated in and shall be administered as part of the
Department of Revenue and Taxation to be initially divided into divisions
for Alcohol Beverage Control and Tax; provided, however, that from
July 1, 1993, until February 1, 1995, the governing authority of the
department shall be the commissioners of the Tax Commission, as
constituted June 30, 1993, and thereafter, pursuant to the provisions of
Section 12-3-10, et seq.;
(A) Licensing Division of Alcoholic Beverage Control Commission,
formerly provided for at Section 61-1-10, et seq.;
(B) Tax Commission, formerly provided for at Section 12-3-10, et
seq."
Identification to vote
SECTION 5. The first sentence of Section 7-13-710 of the 1976 Code,
as last amended by Act 181 of 1993, is further amended to read:
"When any person presents himself to vote, he shall produce his
valid South Carolina driver's license or other form of identification
containing a photograph issued by the Department of Public Safety, if he
is not licensed to drive, or the written notification of registration
provided for by Sections 7-5-125 and 7-5-180 if the notification has been
signed by the elector."
Business hours
SECTION 6. Section 8-11-10 of the 1976 Code, as last amended by Act
181 of 1993 is further amended to read:
"Section 8-11-10. The departments of the state government
except where seven day per week services are maintained, shall remain
open from nine A.M. until five P.M. from Monday through Friday, both
inclusive, except on holidays fixed by law. On Saturdays such
departments may close at one P.M. Skeleton forces may be maintained
on Saturday and so staggered that each employee shall work not less than
one Saturday out of each month; provided, that the offices of the Motor
Vehicle Division of the Department of Public Safety shall remain open
from eight-thirty A.M. until five P.M. from Monday through Friday, both
inclusive, except on holidays fixed by law and these offices need not be
kept open on Saturdays, except as may be necessary to carry on essential
work."
Highway repair
SECTION 7. Section 11-35-710(1) of the 1976 Code, as last amended
by Section 51, Part II, Act 7 of 1995, is further amended to read:
"(1) the construction, maintenance, and repair of bridges,
highways, and roads; vehicle and road equipment maintenance, and
repair; and other emergency type parts or equipment utilized by the
Department of Transportation or the Department of Public
Safety;"
Department of Revenue and Taxation's functions
SECTION 8. Section 12-4-10 of the 1976 Code, as last amended by Act
181 of 1993, is further amended to read:
"Section 12-4-10. The South Carolina Department of Revenue
and Taxation is created to administer and enforce the revenue laws of
this State; administer the licensing laws and regulations relating to
alcoholic liquors, beer, and wine and assess penalties for violations
thereof; and other laws specifically assigned to it."
Department of Revenue and Taxation; divisions
SECTION 9. Section 12-4-15 of the 1976 Code, as added by Act 181 of
1993, is further amended to read:
"Section 12-4-15. The Department of Revenue and Taxation
must be divided into such divisions as the director may
prescribe."
Issuance and transfer of titles
SECTION 10. Section 12-36-1710(G) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(G) The Department of Public Safety and the Division of
Aeronautics of the Department of Commerce may not issue a license or
transfer of title without first procuring from the Department of Revenue
and Taxation information showing that the excise tax has been collected.
The Department of Natural Resources may not license any boat or
register any motor without first procuring from the Department of
Revenue and Taxation information showing that the excise tax has been
collected."
Special license tags
SECTION 11. Items (3), (26), and (29) of Section 12-37-220(B) of the
1976 Code, as last amended by Act 516 of 1994 are further amended to
read:
"(3) Two private passenger vehicles owned or leased by any
disabled veteran designated by the veteran for which special license tags
have been issued by the Department of Public Safety under the
provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license,
if the veteran has a certificate signed by the county service officer or the
Veterans Administration of the total and permanent disability which must
be filed with the Department of Public Safety.
(26) Two private passenger vehicles owned or leased by recipients of
the Medal of Honor for which special license tags have been issued by
the Department of Public Safety under the provisions of Article 16 of
Chapter 3 of Title 56.
(29) Two private passenger vehicles or trucks, not exceeding
three-quarter ton, owned or leased by and licensed and registered in the
name of any member or former member of the armed forces who was a
prisoner of war (POW) in World War I, World War II, the Korean
Conflict, or the Vietnam Conflict and who is a legal resident of this
State, for which motor vehicle or truck a special tag has been issued by
the Department of Public Safety in accordance with the provisions of
Section 56-3-1150. This exemption also extends to the surviving spouse
of a qualified former POW for the lifetime or until the remarriage of the
surviving spouse."
Tax notice
SECTION 12. Section 12-37-2650 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 12-37-2650. The auditor shall prepare a tax notice of
all vehicles owned by the same person and licensed at the same time for
each tax year within the two-year licensing period. A notice must
describe the motor vehicle by name, model, and identification number.
The notice must set forth the assessed value of the vehicle, the millage,
the taxes due on each vehicle, and the license period or tax year. The
notice must be delivered to the county treasurer who must collect or
receive payment of the taxes. One copy of the notice must be in the
form of a bill or statement for the taxes due on the motor vehicle and,
when practical, the treasurer shall mail that copy to the owner or person
having control of the vehicle. When the tax is paid, the treasurer shall
issue the taxpayer two copies of the paid receipt. One copy may be
delivered by the taxpayer to the Department of Public Safety with the
application for the motor vehicle registration. A copy must be retained
by the treasurer. The auditor shall maintain a separate duplicate for
motor vehicles. No registration may be issued by the Department of
Public Safety unless the application is accompanied by the receipt, a copy
of the notification required by Section 12-37-2610 or notice from the
county treasurer, by other means satisfactory to the Department of Public
Safety, of payment of the tax. Motor vehicles registered under the
International Registration Plan may pay ad valorem property taxes on a
semiannual basis, and a proportional receipt must be issued by the
treasurer subject to penalties in Section 12-37-2730. The treasurer, tax
collector, or other official charged with the collection of ad valorem
property taxes in each county may delegate the collection of motor
vehicle taxes to banks or banking institutions, if each institution assigns,
hypothecates, or pledges to the county, as security for the collection,
federal funds or federal, state, or municipal securities in an amount
adequate to prevent any loss to the county from any cause. Each
institution shall remit the taxes collected daily to the county official
charged with the collections. The receipt given to the taxpayer, in
addition to the information required in this section and by Section
12-45-70, must contain the name and office of the treasurer or tax
collector of the county and must also show the name of the banking
institution to which payment was made.
The county official charged with the collection of taxes shall send a
list of the institutions collecting the taxes to the Department of Public
Safety. Each institution shall certify to the Department of Public Safety
that the taxes have been paid, and the Department of Public Safety is
authorized to accept certification in lieu of the tax receipt given to the
taxpayer if certification contains information required by this section.
Tax bills (notices) for county assessed personal property valued in
accordance with applicable Department of Revenue and Taxation
regulations must include notification of the taxpayer's appeal rights, to
include a minimum amount of information of how the taxpayer should
file his appeal, to whom, and within what time period."
License registration applications
SECTION 13. Section 12-37-2660 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 12-37-2660. The Department of Public Safety shall
furnish to the auditor of each county a listing of license registration
applications to be mailed to the owners of motor vehicles in the
respective counties. The listings must be furnished to the auditor as soon
as possible but not later than ninety days before the expiration of the
registration. Listings must be in the form of computer tapes or printouts.
The Department of Public Safety shall provide notice to the respective
counties each month for all vehicles that are licensed the second year of
the two-year licensing period. This listing must contain an updating of
the prior year's list to denote vehicles in which the license or registration
is transferred or canceled."
Title
SECTION 14. Section 12-37-2725 of the 1976 Code, as last amended
by Act 516 of 1994, is further amended to read:
"Section 12-37-2725. When the title to a licensed vehicle is
transferred, or the owner of the vehicle becomes a legal resident of
another state and registers the vehicle in the new state of residence, the
license plate and registration certificate may be returned for cancellation.
The license plate and registration certificate must be delivered to the
auditor of the county of the vehicle's registration and tax payment. A
request for cancellation must be made in writing to the auditor upon
forms approved by the Department of Public Safety. The auditor, upon
receipt of the license plate, registration certificate, and the request for
cancellation, shall order and the treasurer shall issue a credit or refund of
property taxes paid by the transferor on the vehicle. The amount of the
refund or credit is that proportion of the tax paid that is equal to that
proportion of the complete months remaining in that tax year. The
auditor, within five days thereafter, shall deliver the license plate,
registration certificate, and the written request for cancellation to the
Department of Public Safety. Upon receipt, the Department of Public
Safety shall cancel the license plate and registration certificate and may
not reissue the same."
Unassigned license plates and registration certificates
SECTION 15. Section 12-37-2727 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 12-37-2727. In the event an issued and unassigned
license plate or registration certificate was lost, destroyed, or delivered to
the Department of Public Safety, the owner shall present proof thereof to
the county auditor along with the request for cancellation. The auditor,
upon receipt of the cancellation request and the license plate, registration
certificate, or the proof of loss of the same, must order the refund of the
tax. The auditor must forward to the Department of Public Safety the
request for cancellation, the license plate and the registration certificate,
or the proof of the same being lost, destroyed, or delivered to the
Department of Public Safety. The Department of Public Safety upon
receipt thereof shall cancel the license plate and registration."
Taxes
SECTION 16. Section 12-43-220(b) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(b) All inventories of business establishments shall be taxed
on an assessment equal to six percent of the fair market value of such
property and all power driven farm machinery and equipment except
motor vehicles registered with the Department of Public Safety owned by
farmers and used on agricultural lands as defined in this article shall be
taxed on an assessment equal to five percent of the fair market value of
such property; provided, that all other farm machinery and equipment
and all livestock and poultry shall be exempt from ad valorem
taxes."
Fair market value
SECTION 17. Section 12-43-300(A) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(A) Whenever the market value estimate of any property is
fixed by the assessor at a sum greater by one thousand dollars or more
than the amount returned by the owner or his agent, or whenever any
property is valued and assessed for taxation which has not been returned
or assessed previously, the assessor shall, on or before July first, or as
soon thereafter as may be practicable, in the year in which the valuation
and assessment is made give written notice thereof to the owner of the
property or his agent. In reassessment years, the written reassessment
notice to owners or agents must be given by July first. If there is no
timely written notice, the prior year's assessed value must be the basis
for assessment for the current taxable year. The notice must include the
prior market value, the total market value estimate, the value estimate if
applicable, the assessment ratio, the total new assessment, the percentage
changes over the prior market value, if there is no change in use or
physical characteristics of the property, number of acres or lots, location
of property, tax map, appeal procedure, and other pertinent ownership
and legal description data required by the South Carolina Department of
Revenue and Taxation. The notice may be served upon the owner or his
agent personally or by mailing it to the owner or his agent at his last
known place of residence which may be determined from the most recent
listing in the applicable telephone directory, Department of Public Safety
Motor Vehicle Registration List, county treasurer's records, or official
notice from the property owner or his agent. The owner or his agent, if
he objects to the valuation and assessment, shall serve written notice of
his objection upon the assessor within thirty days of the date of the
mailing of the notice. In years when there is no notice of appraisal
because of a less than one thousand dollar change or no change in the
appraised or assessed value, the owner or agent has until March first to
serve written notice of objection upon the assessor of the appraised or
assessed value. In those years, failure to serve written notice of objection
by March first constitutes a waiver of the owner's right of appeal for that
tax year, and the assessor is not required to review any request filed after
March first. The assessor shall then schedule a conference with the
owner or agent within twenty days of receipt of the notice. If the
assessor requests it, the owner, within thirty days after the conference,
shall complete and return to the assessor the form as may be approved by
the Department of Revenue and Taxation relating to the owner's property
and the reasons for his objection. Within thirty days after the
conference, or as soon thereafter as practicable, the assessor shall mail
written notice of his action upon the objection to the owner. The owner
or agent, if still aggrieved by the valuation and assessment, may appeal
from the action to the Board of Assessment Appeals by giving written
notice of the appeal and the grounds thereof to the assessor within thirty
days from the date of the mailing of the notice. The assessor shall notify
promptly the Board of Assessment Appeals of the appeal."
Collection of property taxes
SECTION 18. The third paragraph of Section 12-45-70 of the 1976
Code, as last amended by Act 181 of 1993, is further amended to
read:
"The county official charged with the collection of taxes shall
send a list of the institutions collecting the taxes to the Department of
Public Safety. Each institution shall certify to the Department of Public
Safety that the taxes have been paid, and the Department of Public Safety
may accept certification in lieu of the tax receipt given to the taxpayer if
that certification contains the information required in Section
12-37-2650."
Mobile or manufactured home
SECTION 19. The first sentence of Section 12-49-225 of the 1976
Code, as last amended by Act 506 of 1994, is further amended to
read:
"When a mobile or manufactured home is levied on for taxes by
the delinquent tax collector, before proceeding to advertise for sale, the
delinquent tax collector shall give twenty days' written notice of the levy
to the lienholders contained on the certificate of title issued by the
Department of Public Safety."
Delinquent taxes
SECTION 20. Section 12-49-271 of the 1976 Code, as last amended by
Act 506 of 1994, is further amended to read:
"Section 12-49-271. When the delinquent tax collector
receives from the county treasurer a list of delinquent taxpayers pursuant
to Section 12-49-225, and the list includes mobile or manufactured
homes on which to levy, the delinquent tax collector shall forward to the
Department of Public Safety a form substantially as set out below
requesting the name and address of all lienholders shown on the
certificate of title. The delinquent tax collector shall not advertise the
sale of property without a return of this form:
`To the Department of Public Safety:
I have been instructed by the county treasurer to levy and sell the
following personal property:
Please provide me with the lienholders' names and addresses as
shown on the certificate of title:
NAME:
ADDRESS:
DESCRIPTION OF COLLATERAL:
I.D. NUMBER:
LIENHOLDER:
LIENHOLDERS' ADDRESS:'"
Liens
SECTION 21. The second paragraph in Section 12-49-290 of the 1976
Code, as last amended by Act 506 of 1994, is further amended to
read:
"For liens created before January 1, 1995, the right, interest, and
security of a lienholder shown on the certificate of title must in no way
be affected by a tax sale made pursuant to this chapter unless the
provisions of Section 12-49-225 are complied with."
Mobile or manufactured homes
SECTION 22. Section 12-49-310(A) of the 1976 Code, as last amended
by Act 506 of 1994, is further amended to read:
"(A) When a mobile or manufactured home is levied on for
taxes by the delinquent tax collector, before proceeding to advertise the
home for sale as provided by law, he shall give twenty days' written
notice of the levy to the holder of each lien identified on the forms
provided to the auditor of the county pursuant to Section 12-49-315 for
liens created after December 31, 1994, and to the lienholders contained
on the certificate of title issued by the South Carolina Department of
Public Safety, for liens created before January 1, 1995. The notice must
contain a description of the home levied on, name of the owner of the
home, the year for which the taxes were assessed, and a statement of the
amount of the taxes with the accrued costs and must be delivered to the
lienholder either personally or by certified mail with the return receipt
requested to the address obtained by the county pursuant to either Section
12-49-315 or Section 12-49-225."
Liens
SECTION 23. Section 12-49-330 of the 1976 Code, as last amended by
Act 506 of 1994, is further amended to read:
"Section 12-49-330. For liens created after December 31,
1994, the rights, interest, and security of any lienholder, shown on the
certificate of title, is in no way affected by a tax sale made pursuant to
this chapter unless there has been compliance with the provisions of
Section 12-49-310."
Submission of names, addresses, and social security numbers
SECTION 24. Section 12-54-240(B)(7) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(7) submission of taxpayer names, home addresses, and social
security numbers to the State Election Commission and Department of
Public Safety to effect the purposes of Section 14-7-130."
Lists of licensed drivers
SECTION 25. Section 14-7-130 of the 1976 Code is amended to
read:
"Section 14-7-130. In November of every year, the Department
of Public Safety shall furnish the State Election Commission a computer
tape of the name, address, date of birth, social security number, sex, and
race of persons who are over the age of eighteen years and citizens of the
United States residing in each county who hold a valid South Carolina
driver's license or an identification card issued pursuant to Section
57-3-910. In December of every year, the State Election Commission
shall furnish a jury list to county jury commissioners consisting of a tape
or list derived by merging the list of registered voters in the county with
county residents appearing on the tape furnished by the department, but
only those licensed drivers and identification cardholders who are eligible
to register to vote may be included in the list. Prior to furnishing the
list, the commission shall make every effort to eliminate duplicate names
and names of persons disqualified from registering to vote or voting
pursuant to the laws and Constitution of this State. As furnished to the
jury commissioners by the State Election Commission, the list or tape
constitutes the roll of eligible jurors in the county. Expenses of the
Department of Public Safety and State Election Commission in
implementing this section must be borne by these agencies."
Nonresident drivers
SECTION 26. Section 15-9-350 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 15-9-350. The acceptance by a nonresident of the
rights and privileges conferred by the laws in force in this State
permitting the operation of motor vehicles, as evidenced by the operation
of a motor vehicle by such nonresident on the public highways, the
streets of any incorporated municipality or the public roads of this State
or anywhere within this State, or the operation by such nonresident of a
motor vehicle on any such public highways, streets or public roads or
anywhere within the State other than as so permitted or regulated shall be
deemed equivalent to the appointment by such nonresident of the
Director of the Department of Public Safety or of his successor in office
to be his true and lawful attorney upon whom may be served all
summons or other lawful process in any action or proceeding against him
growing out of any accident or collision in which such nonresident may
be involved by reason of the operation by him, for him or under his
control or direction, express or implied, of a motor vehicle on such
public highways, streets or public roads or anywhere within this State.
Such acceptance or operation shall be a signification of his agreement
that any such process against him shall be of the same legal force and
validity as if served on him personally."
Nonresident drivers
SECTION 27. Section 15-9-360 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 15-9-360. The acceptance by a nonresident motor
carrier of the rights and privileges conferred by the laws now or hereafter
in force in this State, permitting the operation of motor vehicles as
evidenced by the operation of a motor vehicle by such nonresident either
personally or through an agent or employee on the public highways in
this State, or the operation of such nonresident either personally or
through an agent, lessee, or employee, of a motor vehicle on the public
highways of this State other than as so permitted or regulated, shall be
deemed equivalent to the appointment by such nonresident motor carrier
of the Director of the Department of Public Safety, or his successor in
office, to be his true and lawful attorney and the attorney of his executor
or administrator, upon whom may be served all summonses or other
lawful process or notice in any action, assessment proceeding, or other
proceeding against him or his executor or administrator, arising out of or
by reason of any provisions in Chapter 31 of Title 12 relating to such
vehicle or relating to the liability for tax with respect to operation of such
vehicle on the highways of this State. Acceptance or operation shall be a
signification by such nonresident motor carrier of his agreement that any
such process against or notice to him or his executor or administrator
shall be of the same legal force and validity as if served on him
personally or on his executor or administrator. All of the provisions of
Sections 15-9-370, 15-9-380, and 15-9-350 shall be applicable with
respect to the service of process or notice pursuant to this
section."
Service of process
SECTION 28. Section 15-9-370 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 15-9-370. Service of process upon the Director of the
Department of Public Safety, as agent of a: (a) nonresident driver under
the provisions of Section 15-9-350; (b) resident driver who subsequently
becomes a nonresident; (c) nonresident motor carrier under the provisions
of Section 15-9-360; or (d) nonresident unregulated motor carriers
engaged in transporting persons, hauling farm or dairy products, hauling
any other perishable products or haulers of lumber or logs, shall be made
by leaving a copy thereof, with an appropriate fee, in the hands of the
Director of the Department of Public Safety or his office and such
service shall be sufficient service upon the nonresident if notice of the
service and a copy of the process are forthwith sent by certified mail by
the plaintiff or the Director of the Department of Public Safety to the
defendant and the defendant's return receipt and the plaintiff's affidavit
of compliance herewith are appended to the summons or other process
and filed with the summons, complaint, and other papers in the cause.
The Director of the Department of Public Safety shall keep a record of
all processes which shall show the day and hour of service upon him.
When the certified return receipt shall be returned to the Director of the
Department of Public Safety, he shall deliver it to the plaintiff on request
and keep a record showing the date of its receipt by him and its delivery
to the plaintiff."
Identification
SECTION 29. Section 16-17-680(D) of the 1976 Code, as last amended
by Act 105 of 1993, is further amended to read:
"(D) For purposes of this section, the only identification
acceptable is:
(1) a valid South Carolina driver's license;
(2) South Carolina identification card issued by the Department of
Public Safety;
(3) a valid driver's license from another state that contains the
licensee's picture on the face of the license; or
(4) a valid military identification card."
Coroner training
SECTION 30. Section 17-5-130(B) and (F) of the 1976 Code, as added
by Act 307 of 1994 are amended to read:
"(B) Each person serving as coroner in his first term is required
to complete a basic training session to be determined by the Department
of Public Safety. This basic training session must be completed no later
than the end of the calendar year following his election as coroner. A
person appointed to fill the unexpired term in the office of coroner must
complete a basic training session to be determined by the department
within one calendar year of the date of appointment. This section shall
not be construed to require an individual to repeat the basic training
session if he has successfully completed the session prior to his election
or appointment as coroner. A coroner who is unable to attend this
training session when offered because of an emergency or extenuating
circumstances shall, within one year from the date the disability or cause
terminates, complete the standard basic training session required of
coroners. A coroner who does not fulfill the obligations of this
subsection is subject to suspension by the Governor until the coroner
completes the training session.
(F) The Director of the Department of Public Safety must appoint a
Coroners Training Advisory Committee to assist in the determination of
training requirements for coroners and deputy coroners. The committee
shall consist of no fewer than five coroners and at least one physician
trained in forensic pathology as recommended by the South Carolina
Coroners Association. The members of the committee shall serve
without compensation."
Motor vehicle records
SECTION 31. Section 19-5-30 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 19-5-30. Photostatic, optical disk, or certified copies
of motor vehicle registration applications, registrations, notices of
cancellation, suspensions or revocations, reports of violations, and
documents pertaining to the motor vehicle safety responsibility laws of
this State, when certified by the director of the Department of Public
Safety, or his designee, as true copies of originals, on file with the
Department of Public Safety, shall be admissible in any proceedings in
any court in like manner as the original thereof."
Licensing entities
SECTION 32. Section 20-7-944 of the 1976 Code, as last amended by
Act 102 of 1995, is further amended to read:
"Section 20-7-944. All licensing entities monthly shall provide
the division information on licensees for use in the establishment,
enforcement, and collection of child support obligations including, but
not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) active or inactive license status.
If the information is in the licensing entity's records, the information
must be submitted in the form maintained by the licensing entity, unless
otherwise agreed upon by the licensing entity."
Remedy
SECTION 33. Section 20-7-945(H) and (L) of the 1976 Code, as added
by Section 2, Part VI, Act 102 of 1995, are amended to read:
"(H) Review with the division under this section is the
licensee's sole remedy to prevent revocation of his or her license. The
licensee has no right to appeal the revocation with the licensing
entity.
(L) If a license is revoked under this section, the licensing entity is
not required to refund any fees paid by a licensee in connection with
obtaining or renewing a license, and any fee required to be paid to the
licensing entity for reinstatement after a license revocation applies. The
division will indemnify the applicable licensing entity from any
consequences that may result from the revocation of the licensee's
license."
Department of Public Safety established
SECTION 34. Section 23-6-20 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 23-6-20. (A) The Department of Public Safety is
established as an administrative agency of state government which is
comprised of a Motor Vehicle Division, a South Carolina Highway Patrol
Division, a South Carolina State Police Division, and a Division of
Training and Continuing Education.
(B) The functions, powers, duties, responsibilities, and authority
statutorily exercised by the following offices, sections, departments, or
divisions of the following state agencies as existing on the effective date
of this act are transferred to and devolved on the department to include
the South Carolina Highway Patrol, the Drivers Training Schools within
the Department of Licensing of the Division of Motor Vehicles, the
Driver Records Section within the Division of Motor Vehicles, the
Financial Responsibility Section within the Division of Motor Vehicles,
the Reciprocity Office of the Registration and Reciprocity Section within
the Division of Motor Vehicles, the Administrative Services Section of
the Division of Motor Vehicles, the Motor Vehicle Sections transferred to
the Department of Revenue and Taxation pursuant to Act 181 of 1993,
and the Safety Office Section of the Division of Finance and
Administration of the South Carolina Department of Highways and
Public Transportation; the Safety Enforcement Officers of the Office of
Enforcement within the Transportation Division of the South Carolina
Public Service Commission, and the Governor's Office of Public Safety,
together with all assets, liabilities, records, property, personnel,
unexpended appropriations, and other funds shall be transferred to the
control of the department. All rules, regulations, standards, orders, or
other actions of these entities shall remain in effect unless specifically
changed or voided by the department in accordance with the
Administrative Procedures Act, or otherwise provided."
Records
SECTION 35. Section 23-6-30(3) and (10) of the 1976 Code, as last
amended by Act 181 of 1993, are further amended to read:
"(3) title and register motor vehicles; license motor vehicle
operator's; administer the collection of license, registration, titling and
other fees; maintain an automated system for the storage and retrieval of
all motor vehicle and motor vehicle operator records, including vehicle
and registration and operator licensing, violations and accidents;
(10) receive and disburse funds and grants, including any donations,
contributions, funds, grants, or gifts from private individuals,
foundations, agencies, corporations, or the state or federal governments
for the purpose of carrying out the programs and objectives of this
chapter; and"
Revenue
SECTION 36. Section 23-6-50 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended by adding a paragraph at the end to
read:
"Notwithstanding any other provision of law, all revenue
generated by the department from the sale of vehicles, various equipment,
less the cost of disposition incurred by the Budget and Control Board
Division of Operations, gasoline and insurance claims, during the prior
fiscal year may be retained and carried forward into the current fiscal
year and expended for the purpose of purchasing like items. Any
unexpended balance on June 30 of the prior fiscal year authorized to be
expended or used for any federal grant program may be retained and
carried forward to the current fiscal year and used for matching
committed or unanticipated grant funds, or both."
Employment
SECTION 37. Chapter 6, Title 23 of the 1976 Code is amended by
adding:
"Section 23-6-90. The department may employ, equip, and
provide such officers as may be necessary to maintain the security of the
Governor's Mansion Compound, and other governmental facilities,
including the State Capitol Building, the facilities of the Capitol
Complex, and other state buildings. The director must determine the
most efficient and effective method of placing these officers within a law
enforcement division in the department."
Commissioned and uniformed officer
SECTION 38. Chapter 6, Title 23 of the 1976 Code is amended by
adding:
"Section 23-6-145. A commissioned and uniformed officer of
the department may, upon reasonable belief that any vehicle is being
operated in violation of any provision of statutory law, require the driver
thereof to stop and exhibit the registration card issued for the vehicle, the
individual's driver's license, and submit to an inspection of such vehicle
and license plates."
Motor Vehicle Division
SECTION 39. Section 23-6-300 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 23-6-300. There is created a Motor Vehicle Division
within the department. The division shall be responsible for all of those
functions, duties, and responsibilities previously exercised by and/or
operating under the Division of Motor Vehicles of the South Carolina
Department of Highways and Public Transportation."
Certified law enforcement officer
SECTION 40. The last sentence of Section 23-11-110(A)(5) of the
1976 Code, as last amended by Act 19 of 1993, is further amended to
read:
"For purposes of this section, a `certified law enforcement
officer' is a person who has been issued a certificate as a law
enforcement officer pursuant to Section 23-6-400(D)(1)."
Qualifications for sheriffs
SECTION 41. Section 23-11-110(C) of the 1976 Code is amended to
read:
"(C) Every newly-elected sheriff in his first term is required to
complete a training session to be determined pursuant to Title 23,
Chapter 6 of the 1976 Code, to be conducted by the Criminal Justice
Academy or an otherwise approved academy or as may be selected by
the South Carolina Sheriffs' Association. This training must be
completed during the first calendar year of the first term of the
newly-elected sheriff's term of office. A newly-elected sheriff who is
unable to attend this training course when offered because of emergency
or extenuating circumstances, within one year from the date the disability
or cause terminates, shall complete the standard basic course of
instruction required of newly-elected sheriffs. A newly-elected sheriff
who does not fulfill the obligations of this subsection is subject to
suspension by the Governor until the sheriff completes the course of
instruction."
Administration of Law Enforcement Hall of Fame
SECTION 42. Chapter 25 of Title 23, as last amended by Act 181 of
1993, is further amended to read:
"CHAPTER 25
Law Enforcement Officers Hall of Fame
Section 23-25-10. There is hereby established the South Carolina
Law Enforcement Officers Hall of Fame as a memorial to law
enforcement officers killed in the line of duty and in recognition of the
selfless dedication of all law enforcement officers in the day-to-day
performance of their duties. The Hall of Fame shall be located on the
grounds of the South Carolina Law Enforcement Academy at
Columbia.
Section 23-25-20. (A) The South Carolina Hall of Fame shall
hereafter be administered as an office of the Department of Public
Safety.
(B) There is created a Law Enforcement Officers Hall of Fame
Advisory Committee. The committee shall consist of the following ex
officio members:
(1) the Director of the Department of Public Safety, who shall
serve as chairman; the Chief of the State Law Enforcement Division;
(2) the Chief of the State Law Enforcement Division;
(3) the Director of the Department of Corrections;
(4) the Secretary of the South Carolina Sheriffs' Association;
(5) the Executive Director of the South Carolina Law Enforcement
Officers Association;
(6) the President of the South Carolina Police Chiefs Association,
or his designee; and
(7) a representative of the Natural Resources Enforcement
Division, to be appointed by the Director of the Department of Natural
Resources.
(C) Members of the advisory committee may designate persons to
represent them at meetings they are unable to attend.
Section 23-25-30. It shall be the responsibility of the advisory
committee to assist the department in planning, erecting, and maintaining
the Hall of Fame in the manner it shall determine appropriate but
generally in accordance with the following guidelines:
(a) All officers from all agencies in the law enforcement system
shall be eligible for entry into the Hall of Fame.
(b) The names of all officers killed in the line of duty whose deaths
under those circumstances can be established by creditable records shall
be entered into the Hall.
(c) Any officer who performs an act or series of acts over and above
the regular call of duty may become eligible for the Hall when so elected
by the advisory committee whether or not such act or acts resulted in
death or injury to the officer concerned.
(d) Any officer whose continued record of excellence over a period
of years is manifestly outstanding may be elected to the Hall by the
advisory committee.
(e) Suitable plaques inscribed with the names of those selected for
the Hall shall be erected.
(f) Within the limits of funds provided, the Hall of Fame shall include
museum-type displays of objects and equipment of unusual interest used
by law enforcement officers or otherwise related to law enforcement.
(g) Provide tours and related safety and educational programs to the
public.
Section 23-25-40. The advisory committee shall establish procedures
and regulations for the nomination of members of the Hall of Fame. All
selections of persons for Hall of Fame membership shall be made by a
majority vote of the total membership of the advisory committee.
Meetings of the advisory committee shall be held at least quarterly,
and more frequently at the call of the chairman. The advisory committee
shall establish its own rules of procedure. Members shall not receive
compensation for their services with the advisory committee but shall be
allowed the usual mileage, per diem, and subsistence provided by law for
boards, committees, and commissions."
Reserve officer training course
SECTION 43. Section 23-28-20(C)(3) of the 1976 Code, as last
amended by Act 85 of 1995, is further amended to read:
"(3) Successfully complete a course of training specified
pursuant to Title 23, Chapter 6 and endorsed by the chief or sheriff who
appoints them."
Reserve officer training course
SECTION 44. That portion before the colon of the first paragraph of
Section 23-28-30 of the 1976 Code is amended to read:
"No reserve shall assume any police function until he has
successfully completed a course of training of at least sixty hours and
passed a comprehensive test prepared by the South Carolina Criminal
Justice Academy and administered by the local law enforcement agency.
The sixty hours of training shall be promulgated by the South Carolina
Criminal Justice Academy Division of the Department of Public Safety,
endorsed by the appointing official and shall include, but not be limited
to:"
Approval of reserve officer training course
SECTION 45. The first paragraph of Section 23-28-40 of the 1976
Code is amended to read:
"This training may be provided locally or regionally but shall be
subject to approval of the South Carolina Criminal Justice Academy
Division of the Department of Public Safety. If disapproved, the Training
Advisory Council shall designate a representative to confer with the chief
to make acceptable program changes. Within reason, and subject to
academy schedules, academy staff may assist in the training."
Reserve officer identification cards
SECTION 46. The second paragraph of Section 23-28-60 of the 1976
Code is amended to read:
"Identification cards registering a reserve's status may be issued
by the South Carolina Criminal Justice Academy Division of the
Department of Public Safety upon request by the chief and assuring the
council that all minimum requirements have been met."
Full-time law enforcement officer requirements
SECTION 47. Section 23-28-80 of the 1976 Code is amended to
read:
"Section 23-28-80. Any reserve who has been in active status
for at least two years who desires to become a full-time law enforcement
officer may, upon application and completion of other existing
requirements, be accepted at the South Carolina Criminal Justice
Academy for such additional hours of training as deemed
necessary."
Reserve officer status
SECTION 48. Section 23-28-90 of the 1976 Code is amended to
read:
"Section 23-28-90. Any currently certified full-time law
enforcement officer who leaves his position under honorable conditions
may, within twelve months, at the request of his chief and with the
concurrence of the Department of Public Safety, be issued a registration
card identifying him as a member of the reserve. Any such officer shall
not be required to undergo the preliminary training for reserves but shall
be required to have a current physical exam."
Pistol purchaser requirements
SECTION 49. Section 23-31-140(A) and (F) of the 1976 Code, as last
amended by Act 181 of 1993, are further amended to read:
"(A) Before the purchase of a pistol, the purchaser shall
complete an application in triplicate in the presence of the dealer. The
application to be furnished by the division must contain the applicant's
(1) name; (2) residence and business address; (3) date and place of birth;
(4) social security number; (5) South Carolina driver's license number or
Department of Public Safety identification card number or, in the case of
an applicant on active duty in the United States military, the number
from the applicant's current United States military identification card;
(F) No person may purchase a pistol from a dealer unless he is a
resident of this State. For the purpose of this article, the possession of a
valid South Carolina driver's license or Department of Public Safety
identification card constitutes proof of residency. However, residency is
not required of a person who is on active duty in the United States
military and who is in possession of a current United States military
identification card."
Training of 911 operators
SECTION 50. Section 23-47-20(C)(15) of the 1976 Code, as added by
Act 245 of 1991, is amended to read:
"(15) telecommunication operators or dispatchers trained and
certified by the Criminal Justice Academy Division of the Department of
Public Safety. The Department of Public Safety shall promulgate
regulations to provide for this training. Expense of the training must be
paid by the local government by which that person is employed and the
department is authorized to establish and collect a fee for this
training;"
Manufacturing of license plates and road signs
SECTION 51. Section 24-3-110 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 24-3-110. The State Department of Corrections may
purchase the machinery and establish a plant for the purpose of
manufacturing motor vehicle license plates and metal road signs. The
charge for license plates and metal road signs sold to the Department of
Public Safety and the Department of Transportation shall be in line with
the prices previously paid private manufacturers and all state motor
vehicle license plates, metal road signs, and other signs capable of being
manufactured by such a plant shall be purchased through the Department
of Corrections and manufactured by it. The Department of Public Safety
may prescribe the specifications of plates and the Department of
Transportation may prescribe the specifications of signs used, the
specifications to include colors, quality, and quantity."
Mobile home licensing requirements
SECTION 52. Section 31-17-320(B) of the 1976 Code, as last amended
by Act 506 of 1994, is further amended to read:
"(B) Before issuing a license for a mobile home to be located
in any county in this State, the licensing agent shall require from the
person applying for the license either a copy of the certificate of title to
the mobile home, or a copy of the completed application for a certificate
of title submitted to the Department of Public Safety. Upon satisfaction
of all county licensing requirements, including payment of any licensing
fee, the county licensing agent shall give the license applicant a certified
copy of the application form, indicating that the licensing requirements
have been met."
Period of validity of mobile home license; decal; fee
SECTION 53. Section 31-17-340 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 31-17-340. A mobile home license issued by the
licensing agent shall be valid until title to such mobile home is
transferred to a new owner or until the mobile home is relocated. The
license shall be evidenced by a decal to be delivered to the owner or his
agent on a form as shall be prescribed by the Department of Revenue and
Taxation and shall be displayed on the mobile home so as to be clearly
and readily visible from the outside. The fee for a mobile home license
shall be five dollars. The fee shall be collected by the licensing agent
issuing the license and shall be paid into the general fund of the
county."
Mobile home moving permit requirements
SECTION 54. Section 31-17-360 of the 1976 Code, as last amended by
Act 506 of 1994, is further amended to read:
"Section 31-17-360. If the mobile home is to be relocated, the
owner, rental agent, or person in possession, prior to relocation, shall
obtain a moving permit from the licensing agent. Before issuing a
moving permit, the licensing agent shall require a certificate from the
county treasurer that there are no unpaid taxes due on the mobile home
and either a copy of the certificate of title to the mobile home, or a copy
of the application for a certificate of title submitted to the Department of
Public Safety. If the mobile home is to be removed beyond the
boundaries of the county, any taxes that have been assessed for that
calendar year must be paid in full, and if taxes have not yet been
assessed for the calendar year in which the move is being made, the
assessor shall provide the county auditor with an assessment and the
auditor shall apply the previous year's millage. The county treasurer
shall collect the taxes before issuing the requisite certificate to the
licensing agent, and upon payment of any taxes, give the permit applicant
a receipt showing that all taxes have been paid.
The licensing agent shall promptly notify the present electric supplier
that a permit has been issued. The permit required by this section is not
required of mobile home dealers when they are moving a mobile home
from their sales lot to a customer's lot, but the mobile home dealer is not
relieved from obtaining any permit required from the Department of
Transportation for the relocation."
New mobile home license required when moving to new
county
SECTION 55. Section 31-17-380 of the 1976 Code, as last amended by
Act 506 of 1994, is further amended to read:
"Section 31-17-380. If the relocation is from one county to
another, the owner, rental agent, or person in possession of the mobile
home, within fifteen days after his mobile home is relocated, shall submit
the moving permit to the licensing agent of the county in which the
mobile home is relocated and obtain a new license pursuant to Section
31-17-320. The licensing agent issuing the moving permit shall promptly
furnish the licensing agent of the county to which the mobile home is
being transported with a copy of the certified license application or
permit, a copy of the paid tax receipt from the county from which the
home is being moved, and either a copy of the certificate of title or a
copy of the completed application for a certificate of title submitted to
the Department of Public Safety."
Requirements for obtaining mobile home certificate of title
SECTION 56. Section 31-17-410(A) of the 1976 Code, as added by
Act 506 of 1994, is amended to read:
"(A) Contemporaneously with the submission of an application
for a certificate of title on a mobile or manufactured home as required by
Section 56-19-240, the person submitting the application shall provide to
the auditor of the county in which a mobile or manufactured home is to
be located, a copy of the completed application submitted to the
Department of Public Safety."
Motor vehicle buyer protections
SECTION 57. Section 36-9-307(4) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(4) In the case of a purchase of a motor vehicle made
pursuant to the provisions of Section 29-15-10, the buyer takes free of a
security interest even though perfected, and the Department of Public
Safety shall upon request issue a new title free and clear of prior liens
and encumbrances."
Sale of secured property without consent
SECTION 58. Section 36-9-319 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 36-9-319. Notwithstanding Section 36-9-311, any
person who sells or disposes of any personal property subject to a
security interest, except for personal property titled by the Department of
Public Safety or the Natural Resources Enforcement Division of the
South Carolina Department of Natural Resources, without the written
consent of the secured party, and fails to pay the debt secured by the
security interests within ten days after sale or disposal or fails in this
time to deposit the amount of the debt with the clerk of the court of
common pleas for the county in which the secured party resides is guilty
of a misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned for not more than one year, or both. This
section does not apply when the sale is made without knowledge or
notice of the security interest by the person selling the property. When
the value of the property is less than two thousand five hundred dollars,
the offense is triable in the magistrate's court and the punishment must
be not more than is permitted by law without presentment or indictment
by the grand jury. Otherwise, the offense is triable in the court of
general sessions."
Definitions
SECTION 59. Section 38-55-530(A) of the 1976 Code, as amended by
an act of 1996, bearing ratification number 303, is further amended to
read:
"(A) `Authorized agency' means any duly constituted criminal
investigative department or agency of the United States or of this State;
the Department of Insurance; the Department of Revenue and Taxation;
the Department of Public Safety; the Workers' Compensation
Commission; the State Accident Fund; the Second Injury Fund; the
Employment Security Commission; the Department of Consumer Affairs;
the Human Affairs Commission; the Department of Health and
Environmental Control; the Department of Social Services; the
Department of Health and Human Services; the Department of Labor,
Licensing and Regulation; all other state boards, commissions, and
agencies; the Office of the Attorney General of South Carolina; or the
prosecuting attorney of any judicial circuit, county, municipality, or
political subdivision of this State or of the United States, and their
respective employees or personnel acting in their official
capacity."
Release of false information
SECTION 60. Section 38-55-570(C) of the 1976 Code, as amended by
an act of 1996, bearing ratification number 303, is further amended to
read:
"(C) Any authorized agency provided with or obtaining
information relating to a suspected false statement or misrepresentation as
provided for above may release or provide the information to any other
authorized agency. The Department of Insurance, the Department of
Revenue and Taxation, and the Department of Public Safety shall report,
but not adjudicate, all cases of suspected or reported false statement or
misrepresentation to the Insurance Fraud Division of the Office of
Attorney General of South Carolina for appropriate investigation or
prosecution, or both. The Workers' Compensation Commission may
refer such cases as provided in Section 42-9-440."
Exceptions to charging lease rate for insurance
SECTION 61. Section 38-73-455(A)(2) and (4) of the 1976 Code, as
last amended by Act 181 of 1993, is further amended to read:
"(2) has had convictions for driving violations on three or
more separate occasions within the thirty-six months immediately
preceding the effective date of coverage as reflected by the motor vehicle
record of each insured driver as maintained by the Department of Public
Safety; or
(4) has had one `chargeable' accident and two convictions for
driving violations, all occurring on separate occasions, within the
thirty-six months immediately preceding the effective date of coverage as
reflected by the motor vehicle record of each insured driver as
maintained by the Department of Public Safety; or"
Conditions for waiver of license reinstatement fee
SECTION 62. Section 38-77-113 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 38-77-113. If a driver's license is suspended or
revoked because the licensee is determined by the Department of Public
Safety to have no motor vehicle liability insurance, the Director of the
Department of Public Safety or his designee shall waive the reinstatement
fee imposed pursuant to Section 56-1-390 if the licensee had motor
vehicle liability coverage when his license was suspended or revoked and
shall document the reasons for waiving the fee in the records of the
Department of Public Safety."
Agreement to exclude designated person from coverage
SECTION 63. Section 38-77-340 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 38-77-340. Notwithstanding the definition of
`insured' in Section 38-77-30, the insurer and any named insured must,
by the terms of a written amendatory endorsement, the form of which has
been approved by the director or his designee, agree that coverage under
such a policy of liability insurance shall not apply while the motor
vehicle is being operated by a natural person designated by name. The
agreement, when signed by the named insured and the person to be
excluded, or by someone acting in the excluded person's behalf, is
binding upon every insured to whom the policy applies. However, no
natural person may be excluded unless (1) his driver's license has been
turned in to the Department of Public Safety or (2) an appropriate policy
of liability insurance or other security as may be authorized by law has
been properly executed in the name of the person to be excluded. The
agent of the insurer writing the policy of insurance excluding a named
driver shall determine that the necessary driver's license has been
delivered to the Department of Public Safety or that a policy of insurance
or security described in item (2) of this section is in effect before
submitting the application for exclusion of a named driver.
The Department of Public Safety shall furnish to the agent an
affidavit either stating that the necessary driver's license has been
delivered to it or certifying that a policy of insurance or security
described in item (2) of this section is in effect."
Definitions
SECTION 64. Section 38-77-1120(a) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(a) `Authorized agency' means:
(1) the South Carolina State Law Enforcement Division, the
Department of Public Safety, the sheriff's department of any county of
this State, and any duly constituted criminal investigative department or
agency of another state of the United States;
(2) the Attorney General of this State, any circuit solicitor of this
State, any prosecuting attorney for a county, circuit, or district of another
state, or of the United States;
(3) the South Carolina Department of Insurance and the South
Carolina Department of Consumer Affairs of the Attorney General's
Office; and
(4) the United States Department of Justice and its Federal Bureau
of Investigation."
Information to be provided to Department of Social Services
SECTION 65. Section 43-5-620(c) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(c) Upon request of the department, the Motor Vehicles
Division of the Department of Public Safety shall provide information as
to all vehicles owned by the applicant or recipient."
Forms organizing organ donation at license renewal
SECTION 66. Section 44-43-30 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 44-43-30. Whenever any person applies for the
issuance, reissuance, or renewal of any class of driver's license, the
Department of Public Safety is authorized to furnish that person with a
form, sufficient under the provisions of the Uniform Anatomical Gift Act
(Article 5 of this chapter), for the gift of all or part of the donor's body
conditioned upon the donor's death and a document containing a
summary description and explanation of such act. If any such person
who is legally authorized desires to execute such a gift, the department
may provide that person with appropriate assistance and the presence of
the legally required number of witnesses."
Recruitment of minority organ donors; dissemination of organ donor
information
SECTION 67. Section 44-43-70(B) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(B) Special efforts must be made to educate and recruit
minorities to volunteer as potential bone marrow donors. Dissemination
of information and recruitment of bone marrow donors may be
accomplished through use of the press, radio, and television, through the
placement of educational materials in appropriate health care facilities,
blood banks, and state and local agencies, and through any other means
of public dissemination. The Medical University of South Carolina and
the University of South Carolina in conjunction with the Department of
Public Safety shall make educational materials available at all places
where drivers' licenses are issued or renewed."
Definitions
SECTION 68. A. Section 56-1-10(4) of the 1976 Code is amended to
read:
"(4) `Department' means the Department of Public
Safety."
B. Section 56-1-10(12) of the 1976 Code is amended to read:
"(12) `Cancellation of driver's license' means the annulment or
termination by formal action of the department of a person's driver's
license because of some error or defect in the license or because the
licensee is no longer entitled to such license; the cancellation of a license
is without prejudice, and application for a new license may be made at
any time after such cancellation."
C. Section 56-1-10(13) of the 1976 Code is amended to read:
"(13) `Revocation of driver's license' means the termination
by formal action of the department of a person's driver's license or
privilege to operate a motor vehicle on the public highways, which
privilege to operate is not subject to renewal or restoration, except that an
application for a new license may be presented and acted upon by the
department."
D. Section 56-1-10(14) of the 1976 Code is amended to read:
"(14) `Suspension of driver's license' means the temporary
withdrawal by formal action of the department of a person's driver's
license or privilege to operate a motor vehicle on the public highways,
which temporary withdrawal shall be as specifically
designated."
Person prohibited from obtaining a driver's license
SECTION 69. Section 56-1-40(2) of the 1976 Code, as last amended by
Section 121, Part II, Act 497 of 1994, is further amended to read:
"(2) whose driver's license or privilege to operate a motor
vehicle currently is suspended or revoked in this State or another
jurisdiction, except as otherwise provided for in this title;"
Procedure of obtaining a driver's license
SECTION 70. The second and third paragraphs of Section 56-1-80 of
the 1976 Code, as last amended by Section 121, Part II, Act 497 of 1994,
are further amended to read:
"Whenever an application is received from a person previously
licensed or permitted in another state, the Department of Public Safety,
may request a copy of the applicant's record from the other state. When
received, the record becomes a part of the driver's record in this State
with the same effect as though entered on the operator's record in this
State in the original instance. Every person who obtains a driver's
license or permit for the first time in South Carolina and every person
who renews his driver's license or permit in South Carolina must be
furnished a written request form for completion and verification of
liability insurance coverage.
The completed and verified form or an affidavit prepared by the
department that neither he, nor a resident relative, owns a motor vehicle
subject to the provisions of this chapter, must be completed and delivered
to the department at the time the license or permit is issued or
renewed."
Identification required for driver's license
SECTION 71. Section 56-1-90 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-90. The department may require every applicant
to submit for identification purposes proof of name, Social Security
number, and date and place of birth when applying for a driver's license.
An applicant for a driver's license, driver's permit, or special
identification card or a renewal thereof may sufficiently prove the
existence and validity of his Social Security number, for purposes of
Section 14-7-130, by any reasonably reliable document containing the
Social Security number. Such a document includes, but is not limited to,
an official Social Security card, Social Security check, Social Security
form SSA-1099, letter from the Social Security Administration, voter
registration card, payroll stub, Federal W-2 form, or U.S. military
identification card. The numbers may also be obtained from the
Department of Revenue and Taxation pursuant to Section
12-54-240(B)(7) which permits the Department of Revenue and Taxation
to submit taxpayer Social Security numbers to the department and to the
State Election Commission.
For purposes of this section, when a licensee is applying for a
replacement license, the department must accept an affidavit as evidence
that the licensee has established the existence and validity of his Social
Security number at the time of the original license application. The
driver's license number of a person may be his Social Security
number.
This section does not prevent issuance of a driver's license or
identification card to a foreign exchange student participating in a valid
foreign exchange program."
License examinations; fees; classes of licenses
SECTION 72. Section 56-1-130 of the 1976 Code, as last amended by
Act 486 of 1992, is further amended to read:
"Section 56-1-130. The department shall examine every
applicant for a driver's license, except as otherwise provided in this
article. The examination shall include a test of the applicant's eyesight,
his ability to read and understand highway signs regulating, warning, and
directing traffic, and his knowledge of the traffic laws of this State and
shall include an actual demonstration of ability to exercise ordinary and
reasonable control in the operation of the type motor vehicle, including
motorcycles, for which a license is sought. The department may require
such further physical and mental examination as it deems necessary to
determine the applicant's fitness to operate a motor vehicle upon the
highways, such further examination to be at the applicant's expense. The
department shall make provisions for giving an examination in the county
where the applicant resides. The department shall charge an appropriate
fee for each complete examination or reexamination required in this
article.
No persons, except those exempted under Section 56-1-30 and Section
56-1-60 or those holding beginner's permits under Section 56-1-50, shall
operate any classification of motor vehicle without first being examined
and duly licensed by the driver examiner as a qualified driver of that
classification of motor vehicle.
A basic driver's license authorizes the licensee to operate motor
vehicles, three-wheel vehicles, or combinations of vehicles which do not
exceed twenty-six thousand pounds gross vehicle weight; provided, that
the driver has successfully demonstrated the ability to exercise ordinary
and reasonable control in the operation of a motor vehicle in this
category. A basic driver's license also authorizes the licensee to operate
farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690
which are used exclusively by the owner for agricultural, horticultural,
and dairying operations or livestock and poultry raising.
A classified driver's license shall authorize the licensee to operate a
motorcycle or those vehicles in excess of twenty-six thousand pounds
gross vehicle weight which are indicated by endorsement on the license.
The endorsement may include classifications such as: motorcycle,
two-axle truck, three or more axle truck, combination of vehicles,
motor-busses or oversize or overweight vehicles. The department shall
determine from the driving demonstration the endorsements to be
indicated on the license."
Passing driver's education program equate to meeting department
standards
SECTION 73. Chapter 1, Title 56 of the 1976 Code is amended by
adding:
"Section 56-1-141. The department shall accept a passing grade
from a qualified driver's education program from a secondary public or
private school as certification that the written and driving portion of the
permit and license process have met department standards. The
provisions of this section do not supersede the provisions of this title
relating to who may receive a permit or driver's license in this
State."
Expiration and renewal of licenses; waiver of vision
examination
SECTION 74. The first paragraph of Section 56-1-210 of the 1976
Code, as last amended by Section 55, Part II, Act 497 of 1994, is further
amended to read:
"Every license expires on the licensee's birth date on the fifth
calendar year after the calendar year in which it is issued. Every license
is renewable on or before its expiration date upon application and the
payment of the required fee. The department shall require a vision test
of the applicant. The vision examination may be waived upon the
submission of a certificate from a person authorized by law to examine
eyes. The department may renew a driver's license of a resident by mail
upon payment of the required fee, if the renewal is a digitized
license."
Driver's license reexamination
SECTION 75. Section 56-1-270 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-270. The department having good cause to
believe that a person holding a South Carolina driver's license is
incompetent or otherwise not qualified to be licensed because of physical
or mental disability may, upon written notice of at least ten days to the
licensee, require him to submit to an examination. Upon the conclusion
of such examination the department shall take action as may be
appropriate and may suspend or revoke the license of such person or
permit him to retain such license or may issue a license subject to
restrictions permitted under Section 56-1-170. The license of any person
may be suspended or revoked if they refuse or neglect to submit to such
an examination."
Mandatory suspension or revocation
SECTION 76. Section 56-1-280 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-280. The department shall revoke or suspend the
license of any driver upon receiving a record of such driver's conviction
of any offense for which revocation or suspension is required by law.
The department shall revoke the driver's license of any person upon
receiving notice of the conviction of such person for:
(1) Manslaughter resulting from the operation of a motor vehicle;
or
(2) Any felony under the laws of this State in the commission of
which a motor vehicle is used."
Revocation or refusal to renew license for nonpayment of
fees
SECTION 77. Chapter 1, Title 56 of the 1976 Code is amended by
adding:
"Section 56-1-285. The department may revoke or refuse to
renew the driving privilege of a person for failure to remit a tax or fee
administered by the department. Upon payment of all taxes and fees
administered by the department, and the payment of any applicable fee,
the department may reinstate a person's driving privilege."
Tax refund garnishment for failure to comply with financial
responsibility
SECTION 78. Chapter 1, Title 56 of the 1976 Code is amended by
adding:
"Section 56-1-288. The department may garnish a person's
income tax refund instead of revoking a person's driver's license or
vehicle registration for failure to satisfy financial responsibility
requirements of Title 56."
Additional grounds for suspension or revocation
SECTION 79. Section 56-1-290 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-290. In addition to the grounds for suspension or
revocation of license set forth elsewhere in this article and in Chapter 5
of this title, the department shall forthwith revoke for a period of six
months the license of any person upon receiving satisfactory evidence of
the conviction of any such person who has been found guilty of operating
a vehicle for hire without a license in violation of Section
58-23-1210."
Suspension or revocation without preliminary hearing
SECTION 80. Section 56-1-300 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-300. In addition to other authority of law, the
department may suspend or revoke the license of a driver without
preliminary hearing upon a showing by its records or other sufficient
evidence that licensee:
(1) Has been convicted of an offense for which mandatory
revocation or suspension is required upon conviction; or
(2) Has been convicted of an offense in another state which if
committed in this State would be grounds for suspension or
revocation."
Suspension or revocation of nonresident's license
SECTION 81. Section 56-1-310 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-310. The privilege of driving a motor vehicle on
the highways of this State given to a nonresident under this article shall
be subject to suspension or revocation by the department in like manner
and for like cause as a driver's license issued under the laws of this State
may be suspended or revoked."
Reciprocity of suspension or restoration with other states
SECTION 82. Section 56-1-320 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-320. The department may, in its discretion,
suspend or revoke the license of any resident of this State or the privilege
of a nonresident to drive a motor vehicle in this State upon receiving
notice of the conviction of such person in another state of an offense
therein which, if committed in this State, would be grounds for the
suspension or revocation of the South Carolina license.
Provided, however, that if another state restores limited or restricted
driving privileges to the person whose license has been suspended or
revoked, such restoration of privileges shall also be valid in this State
under the same terms and conditions under which driving is authorized in
the state of conviction."
Courts to report convictions
SECTION 83. Section 56-1-330 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-330. Every court having jurisdiction over
offenses committed under this article or other state laws or municipal
ordinances regulating the operation of motor vehicles on highways shall
forward to the department a record of the conviction of any person in
such court for a violation of such laws other than regulations governing
standing or parking where a matter of safety is not involved."
Transmitting conviction records of nonresident
SECTION 84. Section 56-1-340 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-340. The department may, upon receiving a
record of the conviction in this State of a nonresident driver of a motor
vehicle of any offense under the motor vehicle laws of this State, forward
a certified copy of such record to the motor vehicle administrator in the
state wherein the person so convicted is a resident. Whenever the
department receives a request for a driver's record from another state, the
record shall be forwarded without charge."
Notice of cancellation, suspension, or revocation and return of
license
SECTION 85. Section 56-1-350 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-350. In all cases of cancellation, suspension, or
revocation of drivers' licenses, the department shall notify the licensee as
prescribed in Section 56-1-360 that his license has been canceled,
suspended, or revoked, and such licensee shall within ten days after
notice of cancellation, suspension, or revocation return his license to the
department. Any person wilfully failing to return his license as required
by this section may, on conviction thereof, be fined one hundred dollars
or imprisoned for thirty days."
Notice procedures
SECTION 86. Section 56-1-360 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-360. When notice is required concerning a
person's driver's license, the notice must be given by the department by
depositing the notice in the United States mail with postage prepaid
addressed to the person at the address contained in the driver's license
records of the department. The giving of notice by mail is complete ten
days after the deposit of the notice. A certificate by the director of the
department or his designee that the notice has been sent as required in
this section is presumptive proof that the requirements as to notice of
suspension have been met even if the notice has not been received by the
addressee."
Surrender of license procedures
SECTION 87. Section 56-1-365 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-365. Any person who forfeits bail posted for, is
convicted of, or pleads guilty or nolo contendere in general session,
municipal, or magistrate's court to an offense which requires that his
driver's license be revoked or suspended shall surrender immediately or
cause to be surrendered his driver's license to the clerk of court or
magistrate upon the verdict or plea. The defendant must be notified at
the time of arrest of his obligation to bring, and surrender his license, if
convicted, to the court or magistrate at the time of his trial, and if he
fails to produce his license after conviction, he may be fined in an
amount not to exceed two hundred dollars. If the defendant fails
subsequently to surrender his license to the clerk or magistrate
immediately after conviction, he must be fined not less than fifty dollars
nor more than two hundred dollars.
The department may collect from the clerk of court or magistrate the
driver's license and ticket immediately after receipt. Along with the
driver's license, the clerks and magistrates shall give the department's
agents tickets, arrest warrants, and other documents or copies of them, as
necessary for the department to process the revocation or suspension of
the licenses. If the department does not collect the license and ticket
immediately, the magistrate or clerk shall forward the license, ticket, and
other documentation to the department within five days after receipt.
Any clerk or magistrate who wilfully fails or neglects to forward the
driver's license and ticket as required is liable to indictment and, upon
conviction, must be fined not exceeding five hundred dollars.
The department shall notify the defendant of the suspension or
revocation. Except as provided below, if the defendant surrendered his
license to the magistrate or clerk immediately after conviction, the
effective date of the revocation or suspension is the date of surrender. If
the magistrate or clerk wilfully fails to forward the license and ticket to
the department within five days, the suspension or revocation does not
commence until the department receives and processes them. If the
defendant is already under suspension for a previous offense at the time
of his conviction or plea, the period of suspension for the subsequent
offense runs consecutively and does not commence until the expiration of
the suspension or revocation for the prior offense.
If the defendant fails to surrender his license, the suspension or
revocation operates as otherwise provided by law.
If the defendant surrenders his license, upon conviction, and
subsequently files a notice of appeal, the appeal shall act as a supersedeas
as provided in Section 56-1-430. Upon payment of a ten-dollar fee and
presentment by the defendant of a certified or clocked-in copy of the
notice of appeal, the department shall issue him a certificate which
entitles him to operate a motor vehicle for a period of sixty days after the
verdict or plea. The certificate must be kept in the defendant's
possession while operating a motor vehicle during the sixty-day period,
and failure to have it in his possession is punishable in the same manner
as failure to have a driver's license in possession while operating a motor
vehicle."
Review
SECTION 88. Section 56-1-370 of the 1976 Code is amended to
read:
"Section 56-1-370. The licensee may, within ten days after
notice of suspension, cancellation, or revocation, except in cases where
the suspension, cancellation, or revocation is made mandatory upon the
department, request in writing a review and upon receipt of the request
the department shall afford him a review in accordance with the State
Administrative Procedures Act, in the judicial circuit where the licensee
was arrested unless the department and the licensee agree that the review
may be held in some other jurisdiction. The review may be held by a
duly authorized agent of the department. Upon the review, the
department shall either rescind its order of suspension, cancellation, or
revocation or, good cause appearing therefor, may continue, modify, or
extend the suspension, cancellation, or revocation of the
license."
Department may not suspend license
SECTION 89. Section 56-1-380 of the 1976 Code is amended to
read:
"Section 56-1-380. The department shall not suspend a driver's
license or privilege to drive a motor vehicle on the public highways for a
period of more than one year, except as otherwise permitted or
authorized by law.
Any person whose license or privilege to drive a motor vehicle on the
public highways has been revoked shall not be entitled to have such
license or privilege renewed or restored unless the revocation was for a
cause which has been removed, except that after the expiration of at least
one year from the date on which the revoked license was surrendered to
and received by the department, or as may otherwise be provided for by
law, such person may make application for a new license as provided by
law, but the department shall not then issue a new license unless and
until it is satisfied, after investigation of the character, habits, and driving
ability of such person, that it will be safe to grant the privilege of driving
a motor vehicle on the public highways."
Reinstatement upon payment of fee
SECTION 90. Section 56-1-390(1) of the 1976 Code is amended to
read:
"(1) Whenever the department suspends or revokes the license
of a person under its lawful authority, the license remains suspended or
revoked and must not be reinstated or renewed nor may another license
be issued to that person until he also remits to the department a
reinstatement fee of thirty dollars. The director or his designee may
waive or return the reinstatement fee if it is determined that the
suspension or revocation is based upon a lack of notice being given to
the department or other similar error."
Surrender of license
SECTION 91. Section 56-1-400 of the 1976 Code is amended to
read:
"Section 56-1-400. The department, upon suspending or
revoking a license, shall require that such license shall be surrendered to
the department. At the end of the period of suspension, other than
suspension for reckless driving, driving under the influence of intoxicants
or pursuant to the point system such license so surrendered shall be
returned to the licensee, or in the discretion of the department, a new
license issued to him. The department shall not return nor restore a
license which has been suspended for reckless driving, driving under the
influence of intoxicants, or for violations under the point system until the
person has filed an application for a new license, submitted to an
examination as upon an original application, and has satisfied the
department, after an investigation of the character, habits, and driving
ability of the person, that it would be safe to grant him the privilege of
driving a motor vehicle on the public highways. Provided, the
department, in its discretion, where the suspension is for violation under
the point system may waive such examination, application, and
investigation. A record of suspension shall be endorsed on the license
returned to the licensee, or the new license issued to the licensee,
showing grounds of such suspension. After five years from the date of
conviction or suspension, the driver may apply for a new identical
license, and the department shall issue such identical license without any
notation of suspension endorsed thereon. But this provision shall not
affect nor bar the reckoning of prior offenses for reckless driving and
driving under the influence of intoxicating liquor or narcotic drugs, as
provided in Article 23 of Chapter 5 of this title.
Any person whose license has been suspended or revoked for an
offense within the jurisdiction of the court of general sessions shall
provide the department with proof that the fine owed by the person has
been paid before the department may return or issue the person a license.
Proof that the fine has been paid may be a receipt from the clerk of court
of the county in which the conviction occurred stating that the fine has
been paid in full."
Petition may be filed
SECTION 92. Section 56-1-410 of the 1976 Code is amended to
read:
"Section 56-1-410. A person denied a license or whose license
has been canceled, suspended, or revoked by the department, except
when such suspension is under Section 56-1-740 or when such
cancellation or revocation is mandatory under the provisions of this
article, may file a petition within thirty days thereafter for a hearing in
the matter in a court of record in the county wherein such person shall
reside. Such court is hereby vested with jurisdiction, and it shall be its
duty to set the matter for hearing upon thirty days' written notice to the
director of the department and thereupon to take testimony and examine
the facts of the case and to determine whether the petitioner is entitled to
a license or is subject to suspension, cancellation, or revocation of license
under the provisions of this article. For the purpose of this section only,
the burden of proof in any such hearing shall be on the
department."
Time of revocation or suspension not to be considered
SECTION 93. Section 56-1-420 of the 1976 Code is amended to
read:
"Section 56-1-420. If any court restrains or enjoins the
department from enforcing the suspension or revocation of any license
and the suspension or revocation is finally determined to have been
properly put into effect by the department, the time during which the
revocation or suspension was made ineffective by the judicial order shall
not be considered part of the time during which the suspension or
revocation was in effect. It is the purpose of this section to ensure that
the license shall be suspended or revoked for the full term of such
suspension or revocation, if proper in the first place."
Penalty
SECTION 94. Section 56-1-460 of the 1976 Code is amended to
read:
"Section 56-1-460. A person who drives a motor vehicle on
any public highway of this State when his license to drive is canceled,
suspended, or revoked must, upon conviction, be fined two hundred
dollars or imprisoned for thirty days for the first violation, for the second
violation fined five hundred dollars and imprisoned for sixty consecutive
days, and for the third and subsequent violation imprisoned for not less
than ninety days nor more than six months, no portion of which may be
suspended by the trial judge. The department upon receiving a record of
the conviction of any person under this section upon a charge of driving
a vehicle while his license was suspended for a definite period of time
shall extend the period of the suspension for an additional like period. If
the original period of suspension has expired or terminated before trial
and conviction, the department shall again suspend the license of the
person for an additional like period of time. If the suspension is not for
a definite period of time, the suspension must be for an additional three
months. If the license of a person cited for a violation of this section is
suspended solely pursuant to the provisions of Section 56-25-20, then the
additional period of suspension pursuant to this section is thirty days, and
the person does not have to offer proof of financial responsibility as
required under Section 56-9-500 prior to his license being reinstated. If
the conviction was upon a charge of driving while a license was revoked,
the department shall not issue a new license for an additional period of
one year from the date the person could otherwise have applied for a new
license. Only those violations which occurred within a period of five
years including and immediately preceding the date of the last violation
constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the
provisions of Section 56-5-2990, then he must be punished as follows
and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than
thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor
more than six months;
(3) for a third and subsequent offense, not less than six months nor
more than three years."
Applicability of section
SECTION 95. Section 56-1-463 of the 1976 Code is amended to
read:
"Section 56-1-463. Section 56-1-460 specifically does not
apply if and when the proposed suspension is based solely on lack of
notice being given to the department when the person has in fact paid
any fines or penalties due to the court."
Suspension of license; moved to another state
SECTION 96. Section 56-1-475 of the 1976 Code is amended to
read:
"Section 56-1-475. Notwithstanding the provisions of Section
56-1-400 of the 1976 Code, a person whose driver's license has been
suspended by the department who has moved his residence to another
state and has obtained a valid driver's license in such state may lawfully
operate a motor vehicle within this State after the expiration of the period
of time for which his South Carolina driver's license was
suspended."
Reciprocal agreements
SECTION 97. Chapter 1, Title 56 of the 1976 Code is amended by
adding:
"Section 56-1-478. The department may enter into reciprocal
agreements with other states and political subdivisions for the collection
of fines, fees, or other costs which resulted in the revocation of a
person's driving privileges of a person applying for a driver's license or
renewing a driver's license in this State."
Unlawful use of license
SECTION 98. Section 56-1-510(4) of the 1976 Code is amended to
read:
"(4) to fail or refuse to surrender to the department upon
lawful demand any driver's license which has been suspended, canceled,
or revoked;"
Duties of department
SECTION 99. Section 56-1-540 of the 1976 Code is amended to
read:
"Section 56-1-540. The department shall:
(1) File every application for a license received by it and shall
maintain suitable indexes containing, in alphabetical order:
(a) all applications denied and on each thereof note of the
reasons for such denial;
(b) all applications granted; and
(c) the name of every licensee whose license has been canceled,
suspended, or revoked by the department and after each such name a note
of the reasons for such action; and
(2) The department shall file all accident reports and abstracts of
court records of convictions received by it under the laws of this State
and, in connection therewith, maintain convenient records or make
suitable notations in order that an individual record of each licensee
showing the convictions of such licensee and the traffic accidents in
which he has been involved shall be readily ascertainable and available
for the consideration of the department upon application for renewal of
license and at other suitable times."
Definition
SECTION 100. Section 56-1-630(4) of the 1976 Code is amended to
read:
"(4) `Licensing authority' for purposes of South Carolina shall
mean the department."
Department shall report
SECTION 101. Section 56-1-640 of the 1976 Code is amended to
read:
"Section 56-1-640. The department shall report each conviction
of a person from another party state occurring within South Carolina to
the licensing authority of the home state of the licensee. The report shall
clearly identify the person convicted, describe the violation specifying the
section of the statute or ordinance violated, identify the court in which
action was taken, indicate whether a plea of guilty or not guilty was
entered or the conviction was a result of the forfeiture of bail, bond, or
other security, and include any special findings."
Reportable crimes
SECTION 102. Section 56-1-650 of the 1976 Code is amended to
read:
"Section 56-1-650. (A) A state that is a member of the
Drivers License Compact shall report to another member state of the
compact a conviction for any of the following:
(1) manslaughter or homicide resulting from the operation of a
motor vehicle as provided by Sections 56-1-280 and 56-5-2910;
(2) driving a motor vehicle while under the influence, as provided
by Section 56-5-2930;
(3) any felony in the commission of which a motor vehicle is used,
as provided by Section 56-1-280;
(4) failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another, as provided
by Section 56-5-1210.
(B) If the laws of a member state do not describe the violations listed
in subsection (A) in precisely the words used in that subsection, the
member state shall construe the descriptions to apply to offenses of the
member state that are substantially similar to the ones described. A state
that is a member of the Drivers License Compact shall report to another
member state of the compact a conviction for any other offense or any
other information concerning convictions that the member states agree to
report.
(C) For a conviction required to be reported under subsection (A), a
member state shall give the same effect to the report as if the conviction
had occurred in that state. For a conviction that is not required to be
reported under subsection (A), the provisions of Section 56-1-320 shall
govern the effect of the reported conviction in this State. For a
conviction that is not required to be reported under subsection (A), notice
of the conviction must be received by the department for purposes of
suspension or revocation within one year of the date of
conviction."
Department to apply laws
SECTION 103. Section 56-1-670 of the 1976 Code is amended to
read:
"Section 56-1-670. Except as expressly required by provisions
of the compact, nothing herein affects the right of the department to
apply any of South Carolina's other laws relating to licenses to drive to
any person or circumstance, nor to invalidate or prevent any driver
license agreement or other cooperative arrangement between South
Carolina and a nonparty state."
Director or designee is administrator
SECTION 104. Section 56-1-680 of the 1976 Code is amended to
read:
"Section 56-1-680. (A) The director or his designee of the
department is the administrator of this compact for South Carolina. The
administrators, acting jointly, have the power to formulate all necessary
procedures for the exchange of information under this compact.
(B) The department shall furnish to the administrator of each other
party state any information or documents reasonably necessary to
facilitate the administration of this compact."
Department may suspend
SECTION 105. Section 56-1-740 of the 1976 Code is amended to
read:
"Section 56-1-740. The department may suspend, for not more
than six months, the driver's license and privilege of a person upon a
showing by its records, based on a uniform point system as authorized in
this article, that the licensee has been convicted with such frequency of
offenses against motor vehicle traffic laws or ordinances as to indicate a
disrespect for the laws or ordinances and a disregard for the safety of
other persons on the highways. For the purposes of this article, a total of
twelve points assessed against a driver as determined by the values
designated in Section 56-1-720 indicates disrespect and disregard. The
privilege of driving a motor vehicle on the highways of this State, given
to a nonresident under the laws of this State, is subject to suspension by
the department in like manner, and for like cause, the same as a driver's
license issued by this State may be suspended.
Periods of suspension of the license or privilege of a person for
various accumulation of points must be as follows, with the person
having the privilege to request a review of his driving record:
(1) twelve to fifteen pointsÄthree months' suspension;
(2) sixteen or seventeen pointsÄfour months' suspension;
(3) eighteen or nineteen pointsÄfive months' suspension;
(4) twenty points and overÄsix months' suspension."
Department to suspend license
SECTION 106. Section 56-1-746(A) of the 1976 Code is amended to
read:
"(A) The department shall suspend the driver's license of any
person convicted of the offenses contained in Sections 56-1-510(2),
56-1-510(5), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and
20-7-380 as follows:
(1) for a conviction for a first offense, for a period of ninety
days;
(2) for a conviction for a second or subsequent offense, for a
period of six months."
Points to be deducted
SECTION 107. Section 56-1-770 of the 1976 Code is amended to
read:
"Section 56-1-770. Any driver who has accumulated points
under the provisions of this article shall have the number of his points
reduced by four upon proving to the satisfaction of the department that
he has completed the National Safety Council's `Defensive Driving
Course' or its equivalent, if the course is completed after the points have
been assessed. The course must be taught by an instructor accredited by
the National Safety Council whose procedures for accreditation are set
forth in `Manual of Rules and Procedures' published by the National
Safety Council or equivalent accreditation procedures. The department
shall establish procedures by which driver training schools may apply to
the department for approval of a defensive driving course which will
qualify those successfully completing the course for a reduction in points
pursuant to this section. The department shall approve the National
Safety Council's `Defensive Driving Course' or its equivalent when
offered by driver training schools and taught by an instructor accredited
by the National Safety Council or equivalent accreditation procedures.
No person's points may be reduced more than one time in any three-year
period by the method provided for in this section."
Reciprocal agreements
SECTION 108. Section 56-1-790 of the 1976 Code is amended to
read:
"Section 56-1-790. The department may enter into a reciprocal
agreement with the proper agency of any other state for the purpose of
reporting convictions in one state by a person holding a driver's license
in the other state. Such convictions in another state of a violation therein
which, if committed in this State, would be a violation of the traffic laws
of this State, may be recorded against a driver the same as if the
conviction had been made in the courts of this State.
Guilty pleas, failure to respond to charges or convictions by
courts-martial or post or base commanders of any of the various branches
of the Armed Forces of the United States or by a United States
Commissioner of a violation either on or off government property which,
if committed in this State, would be a violation of the laws of this State,
may, in the discretion of the department, be recorded against a driver the
same as if the plea of guilty, forfeiture of bond, or conviction had been
made in the courts of this State."
Reports deemed true copies
SECTION 109. Sections 56-1-800 of the 1976 Code is amended to
read:
"Section 56-1-800. In all proceedings held under the provisions
of this article, photostatic, optical disk, or other copies of the reports
filed with the department, including official reports received from
directors of motor vehicle divisions, court officials, or other agencies of
other states charged with the duty of keeping records of offenses against
the traffic laws of such states and reports of courts-martial or United
States Commissioners, are deemed to be true copies, when such copies
are duly certified by the director or his designee as true copies of the
original on file therewith, and as such shall be deemed prima facie
evidence of the information contained on such reports for the purpose of
showing any conviction."
Notification
SECTION 110. Section 56-1-810 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-810. Upon the determination by the department
that a person has accumulated sufficient points to warrant the suspension
of his license, the department shall notify such licensee in writing, return
receipt requested, that his license has been suspended, and such licensee
shall return his license to the department within the time required by
Section 56-1-350 and subject to the penalties thereof for failing to do
so."
Review
SECTION 111. Section 56-1-820 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-820. The licensee may, within ten days after
notice of suspension, request in writing an administrative hearing, and
upon receipt of the request the department shall afford him a hearing in
accordance with the State Administrative Procedures Act."
Actions not affected
SECTION 112. Section 56-1-850 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-1-850. Nothing contained in this article shall affect
the action of the department in suspending, revoking, or canceling any
driver's license when such action is mandatory under the provisions of
any law of this State."
Habitual offender
SECTION 113. Section 56-1-1020 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1020. An habitual offender shall mean any
person whose record as maintained by the department shows that he has
accumulated the convictions for separate and distinct offenses described
in subsections (a), (b), and (c) committed during a three-year period;
provided, that where more than one included offense shall be committed
within a one-day period, such multiple offenses shall be treated for the
purposes of this article as one offense:
(a) Three or more convictions, singularly or in combination of any
of the following separate and distinct offenses arising out of separate
acts:
(1) Voluntary manslaughter, involuntary manslaughter, or reckless
homicide resulting from the operation of a motor vehicle;
(2) Operating or attempting to operate a motor vehicle while under
the influence of intoxicating liquor, narcotics, or drugs;
(3) Driving or operating a motor vehicle in a reckless manner;
(4) Driving a motor vehicle while his license, permit, or privilege
to drive a motor vehicle has been suspended or revoked, except a
conviction for driving under suspension for failure to file proof of
financial responsibility;
(5) Any offense punishable as a felony under the motor vehicle
laws of this State or any felony in the commission of which a motor
vehicle is used;
(6) Failure of the driver of a motor vehicle involved in any
accident resulting in the death or injury of any person to stop close to the
scene of such accident and report his identity;
(b) Ten or more convictions of separate and distinct offenses
involving moving violations singularly or in combination, in the
operation of a motor vehicle, which are required to be reported to the
department for which four or more points are assigned pursuant to
Section 56-1-720 or which are enumerated in subsection (a) of this
section.
(c) The offenses included in subsections (a) and (b) shall be deemed
to include offenses under any federal law, any law of another state, or
any municipal or county ordinance of another state substantially
conforming to the above provisions.
(d) For purposes of determining the number of convictions for
separate and distinct offenses committed during any three-year period, a
person shall be deemed to be convicted of an offense on the date the
offense was committed if he is subsequently convicted of committing
such offense."
Review
SECTION 114. Section 56-1-1030 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1030. When a person is convicted of one or
more of the offenses listed in Section 56-1-1020(a), (b), or (c), the
department must review its records for that person. If the department's
review of its records shows that the person is an habitual offender as
defined in Section 56-1-1020, the department must institute agency
proceedings in accordance with the Administrative Procedures Act to
revoke or suspend the person's driver's license except that appeals under
this section must be made to the appropriate magistrate's court as set
forth below.
If after appropriate proceedings, the department finds the person to be
an habitual offender, the department shall direct the person not to operate
a motor vehicle on the highways of this State and to surrender his
driver's license or permit to the department. A resident of South
Carolina found to be an habitual offender may appeal to the chief
magistrate in the county in which the appellant resides. A nonresident
person found to be an habitual offender may appeal to the chief
magistrate of Richland County. In any appeal, the magistrate shall hear
and determine the matter de novo."
License may not be issued to habitual offender
SECTION 115. Section 56-1-1090 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1090. No license to operate motor vehicles in
this State may be issued to an habitual offender nor shall a nonresident
habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the
department that a person is an habitual offender and if, upon appeal, the
finding is sustained by a magistrate unless the period is reduced to two
years as permitted in item (c);
(b) until financial responsibility requirements are met;
(c) until, upon petition and for good cause shown, the department
may restore to the person the privilege to operate a motor vehicle in this
State upon terms and conditions as the department may prescribe, subject
to other provisions of law relating to the issuance of drivers' licenses.
The petition permitted by this item may be filed after one year has
expired from the date of the decision of the department finding the
person to be an habitual offender. At this time and after hearing, the
department may reduce the five-year period of item (a) to a two-year
period for good cause shown. If the two-year period is granted, it must
run from the date of the final decision of the department. If the two-year
period is not granted, no petition may be filed again until after five years
have expired from the date of the decision of the department. However,
a petition or court order is not required for the restoration of driving
privileges, and the issuance of a license after the five-year waiting period
has expired and all financial responsibilities have been
fulfilled."
Penalty
SECTION 116. Section 56-1-1100 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 56-1-1100. A person found to be an habitual offender
under the provisions of this article, who subsequently is convicted of
operating a motor vehicle in this State while the decision of the
department prohibiting the operation is in effect, is guilty of a felony and
must be imprisoned not more than five years.
For the purpose of enforcing this section, in any case in which the
accused is charged with driving a motor vehicle while his driver's license
or permit is suspended or revoked or is charged with driving without a
license, the department, before hearing the charges, shall determine
whether the person has been adjudged an habitual offender and is barred
from operating a motor vehicle on the highways of this State. If the
person is found to be an habitual offender, the department shall notify the
solicitor or Attorney General and he shall cause the appropriate criminal
charges to be lodged against the offender."
Notice
SECTION 117. Section 56-1-1130 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1130. The department shall send a written
notice to any person who it determines is in danger of becoming an
habitual offender."
Provisional driver's license
SECTION 118. Section 56-1-1320 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's
license, a person who had a South Carolina driver's license at the time of
the offense referenced below, or a person exempted from the licensing
requirements by Section 56-1-30, who is or has been convicted of a first
offense violation of an ordinance of a municipality, or law of this State,
that prohibits a person from operating a vehicle while under the influence
of intoxicating liquor, drugs, or narcotics, and whose license is not
presently suspended for any other reason, may apply to the motor vehicle
division of the department to obtain a provisional driver's license of a
design to be determined by the department to operate a motor vehicle.
The person shall enter an Alcohol and Drug Safety Action Program as
provided for in Section 56-1-1330, shall furnish proof of responsibility as
provided for in Section 56-1-1350, and shall pay to the department a fee
of five dollars for the provisional driver's license. The provisional
driver's license is not valid for more than six months from the date of
issue shown on the license. The determination of whether or not a
provisional driver's license may be issued pursuant to the provisions of
this article as well as reviews of cancellations or suspensions under
Sections 56-1-370 and 56-1-820 must be made by the director of the
department or his designee."
Requirement of provisional license
SECTION 119. Section 56-1-1330 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision
must include a mandatory requirement that the applicant enter an Alcohol
and Drug Safety Action Program certified by the Department of Alcohol
and Other Drug Abuse Services and be assessed to determine the extent
and nature of an alcohol and drug abuse problem, if any, and successfully
complete treatment or education services recommended by the program.
The applicant shall bear the cost of the services which must be
determined by the administering agency and approved by the Department
of Alcohol and Other Drug Abuse Services. The cost may not exceed
seventy-five dollars for assessment, one hundred twenty-five dollars for
education services, two hundred twenty-five dollars for treatment
services, and three hundred dollars in total for any and all services. The
commission shall recommend subsequent cost changes on an annual basis
subject to the approval of the General Assembly. If the applicant fails to
complete successfully the services as directed by the department, the
Department of Alcohol and Other Drug Abuse Services shall notify the
department, and the provisional driver's license issued by the department
must be revoked, and the suspension imposed for the full periods
specified in Section 56-5-2990, the suspension to begin on date of
notification to the individual."
Provisional license to be in possession
SECTION 120. Section 56-1-1340 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1340. The applicant shall have a provisional
driver's license in his possession at all times while driving a motor
vehicle, and the issuance of such license and the violation convictions
shall be entered in the records of the department for a period of ten years
as required by Sections 56-5-2940 and 56-5-2990 of the 1976
Code."
Moped operator's license
SECTION 121. Section 56-1-1730 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1730. A person is eligible for a moped
operator's license without regard to his eligibility for or the status of any
other driver's license or permit. The department may suspend, revoke, or
cancel a moped operator's license only for violations committed while
operating a moped. A moped operator's license may be suspended,
revoked, or canceled in the same manner and upon the same grounds for
which any other motor vehicle operator's license or permit may be
suspended, revoked, or canceled."
License to be in immediate possession
SECTION 122. Section 56-1-1760 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-1760. Every licensee shall have his license in
his immediate possession at all times when operating a moped and shall
display it upon demand of any officer or agent of the department or any
police officer of the State."
Notification of convictions
SECTION 123. Section 56-1-2050(A)(1) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(1) A driver holding a commercial driver license issued by
this State, who is convicted of violating a state law or local ordinance
relating to motor vehicle traffic control in any other state, other than a
parking violation, shall notify the department in the manner specified by
the department within thirty days of conviction."
Driving record
SECTION 124. Section 56-1-2100(C) and (E) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(C) Before issuing a commercial driver license, the department
must obtain a driving record through the Commercial Driver License
Information System, the National Driver Register, and from each state in
which the person has been licensed.
(E) A commercial driver license issued by the department expires on
the licensee's birth date on the fifth calendar year after the calendar year
in which it is issued."
Department to update records
SECTION 125. Section 56-1-2110(G) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(G) After suspending, revoking, or canceling a commercial
driver license, the department shall update its records to reflect that
action immediately. After suspending, revoking, or canceling a
nonresident commercial driver's privilege, the department shall notify the
licensing authority of the state which issued the commercial driver
license or commercial driver instruction permit within ten
days."
Testing
SECTION 126. Section 56-1-2130(D) and (E) of the 1976 Code, as
last amended by Act 181 of 1993, are further amended to read:
"(D) If the person refuses testing, or submits to a test which
discloses an alcohol concentration of four one-hundredths of one percent
or more, the law enforcement officer shall submit a report to the
department certifying that the test was requested pursuant to subsection
(A) and that the person refused to submit to testing, or submitted to a test
which disclosed an alcohol concentration of four one-hundredths of one
percent or more.
(E) Upon receipt of the report of a law enforcement officer
submitted under subsection (D), the department shall disqualify the driver
from driving a commercial motor vehicle under Section
56-1-2110."
Notification
SECTION 127. Section 56-1-2140 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-1-2140. Within ten days after receiving a report of
the conviction of a nonresident holder of a commercial driver license for
a violation of state law or local ordinance relating to motor vehicle traffic
control, other than a parking violation, committed in a commercial motor
vehicle, the department shall notify the driver licensing authority in the
licensing state of the conviction."
Special identification card
SECTION 128. Section 56-1-3350 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"Section 56-1-3350. Upon application by any person ten years
of age or older who is a resident of South Carolina, the department shall
issue a special identification card as long as:
(1) the application is made on a form approved and furnished by
the department; and
(2) the applicant presents to the person issuing the identification
card a birth certificate or other evidence acceptable to the department of
his name and date of birth.
The fee for the issuance of the special identification card is five
dollars, and the identification card expires five years from the date of
issuance. The renewal fee is also five dollars. Issuance and renewal fees
are waived for indigent persons who are mentally ill, mentally retarded,
homeless, or who are on public assistance as the sole source of income.
As used in this section `indigent' means a person who is qualified for
legal assistance which is paid for with public funds. For purposes of this
section, a homeless person is an individual who lacks a fixed and regular
nighttime residence or an individual who has a primary nighttime
residence that is:
(a) a supervised publicly or privately operated shelter designed to
provide temporary living accommodations, including congregated shelters
and transitional housing;
(b) an institution that provides a temporary residence for
individuals intended to be institutionalized; or
(c) a public or private place not designed for, or ordinarily used
as, regular sleeping accommodations for human beings.
The term does not include any individual imprisoned or otherwise
detained pursuant to an act of Congress. Annually, the director of a
facility which provides care or shelter to homeless persons must certify
this fact to the department. The department must maintain a list of
facilities which are approved by the department, and only letters from the
directors of these approved facilities are considered to comply with the
provisions of this section. To have the issuance or renewal fee waived
for an identification card, a homeless person must present a letter to the
department from the director of a facility that provides care or shelter to
homeless persons certifying that the person named in the letter is
homeless. The letter may not be older than thirty days.
Special identification cards issued to persons under the age of
twenty-one must be marked, stamped, or printed to readily indicate that
the person to whom the card is issued is under the age of
twenty-one."
Refusal to renew
SECTION 129. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 2
Section 56-2-2740. (A) The department must refuse to renew the
driver's license and motor vehicle registration of a person who has not
paid property taxes within the time limits prescribed in this chapter. A
county treasurer or municipal clerk treasurer must forward notification to
the department of persons violating the provisions of this chapter.
Notification of individuals violating this chapter must be forwarded to the
department in the time and manner determined by the department for the
proper administration of this section.
(B) The Department of Public Safety shall issue to the county
treasurer or county tax collector biennial license plates and revalidation
decals. The county treasurer or county tax collector shall give a motor
vehicle owner a license plate or revalidation decal for the tax year to
which personal property taxes and biennial fees have been paid pursuant
to Section 56-3-253.
(C) All validation decals must be issued for a period not to exceed
twelve months."
Odometer disclosure
SECTION 130. Section 56-3-240(4) of the 1976 Code is amended to
read:
"(4) In addition to the information required by item (2),
whenever the application is for a motor vehicle which has been
transferred from a previous registrant to the applicant, the applicant will
complete the odometer disclosure statement on the application which
shall be in compliance with federal guidelines and as prescribed by the
department.
Under the terms of the Federal Motor Vehicle Information and Cost
Savings Act and applicable state law, incorrect information may result in
civil liability and civil or criminal penalties."
Reference revised
SECTION 131. Section 56-3-360 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-3-360. The department may suspend the
registration of a vehicle whose theft or conversion is reported to it
pursuant to Section 56-19-810 or Section 56-19-820."
Biennial registrations
SECTION 132. Section 56-3-376 of the 1976 Code, as last amended by
Section 55E, Part II, Act 497 of 1994, is further amended to read:
"Section 56-3-376. All vehicles except those vehicles
designated in Section 56-3-780 are designated as distinct classifications
and must be assigned an annual registration period as follows:
Classification (1). Vehicles for which the biennial registration fee is
one-hundred sixty dollars or more. The department may register and
license a vehicle for which the biennial registration fee is one-hundred
sixty dollars or more or for a semiannual or one-half year upon
application to the department by the owner and the payment of
one-fourth of the specified biennial fee. Biennial registrations and
licenses expire at midnight on the last day of the twenty-fourth month for
the period for which they were issued. Semiannual or half-year
registrations and licenses expire at midnight of the sixth month for the
period for which they were issued and no person shall drive, move, or
operate a vehicle upon a highway after the expiration of the registration
and license until the vehicle is registered and licensed for the then current
period. Trucks, truck tractors, or road tractors with an empty or unloaded
weight of over five thousand pounds or less, or gross vehicle weight of
eight thousand pounds or less also must be placed in this classification
but may not be registered for less than a full biennial period.
Classification (2). Other vehicles. All other vehicles except those
vehicles described in classification (1) of this section are assigned a
staggered biennial registration which expires on the last day of the month
for the period for which they were issued.
Notwithstanding the registration periods provided in this section, upon
appropriate notice, the department may revise the established renewal
dates to allow renewals to be assigned an expiration date pursuant to a
staggered monthly basis."
Vehicle applicability revised
SECTION 133. Section 56-3-620 of the 1976 Code, as last amended by
Act 417 of 1994, is further amended to read:
"Section 56-3-620. (A) For persons sixty-five years of age or
older, or persons who are handicapped, as defined in Section 56-3-1950,
the biennial registration fee for every private passenger motor vehicle is
twenty dollars.
(B) Beginning July 1, 1987, for persons under the age of sixty-five
years, the biennial registration fee for every private passenger motor
vehicle is twenty-four dollars.
(C) For persons sixty-five years of age or older, the biennial
registration fee for a property-carrying vehicle with a gross weight of
five thousand pounds or less is thirty dollars.
(D) For persons who are sixty-four years of age, the biennial
registration fee for a private passenger motor vehicle is twenty-two
dollars."
Vehicle applicability revised
SECTION 134. Section 56-3-630 of the 1976 Code is amended to
read:
"Section 56-3-630.The department shall classify as a private
passenger motor vehicle every motor vehicle, except a motorcycle or
motor-driven cycle, which is designed, used, and maintained for the
transportation of ten or fewer persons and trucks having an empty weight
of five thousand pounds or less and a gross weight of eight thousand
pounds or less."
Use of funds revised
SECTION 135. Section 56-3-660(C) of the 1976 Code, as last
amended by Section 22J, Part II, Act 164 of 1993, is further amended to
read:
"(C) Notwithstanding other provisions of this chapter, the
department may enter into agreement with other states in a registration
and license reciprocal agreement known as the international registration
plan and the registration and license required in this section may be
apportioned for vehicles which qualify and are licensed in accordance
with the provisions of the plan."
Procedures revised
SECTION 136. Section 56-3-665 of the 1976 Code is amended to
read:
"Section 56-3-665. The department shall require evidence of
the payment of the use tax imposed by Section 4481 of the Internal
Revenue Code of 1986 for those vehicles to which the taxes are
required."
Certification requirement deleted
SECTION 137. Section 56-3-670(C) of the 1976 Code, as last
amended by Section 22K, Part II, Act 164 of 1993, is further amended to
read:
"(C) A person who is issued a farm license plate for the
purpose defined in this section and uses the license plate for purposes
other than those defined is guilty of a misdemeanor and, upon conviction,
must be fined not more than two hundred dollars or imprisoned not more
than thirty days, or both."
References revised
SECTION 138. Section 56-3-710 of the 1976 Code, as last amended by
Section 22M, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-710. For every house trailer the biennial fee is
twelve dollars. The department shall classify as a `house trailer' every
trailer or semitrailer which is designed, constructed, and equipped as a
dwelling, living abode, or sleeping place, permanently or temporarily,
and is equipped for use as a conveyance on streets or highways or a
trailer or semitrailer of similar nature whose chassis and exterior shell is
designed and constructed for use permanently or temporarily for
advertising, sales, display, or promotion of merchandise or services or for
another commercial purpose, except the transportation of property for
hire or the transportation of property for distribution by a private carrier.
The department may not license and register a house trailer which
exceeds the permissible size limitations prescribed in Sections 56-5-4030,
56-5-4060, and 56-5-4070, but the house trailers permitted to be moved
over the highways by the department under special permits issued
pursuant to Sections 57-3-130 to 57-3-190 shall pay to the Department of
Transportation a fee of five dollars a trip."
Vehicles in classification revised
SECTION 139. Section 56-3-720 of the 1976 Code, as last amended by
Section 22N, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-720. For every camper or travel trailer the
biennial registration fee is ten dollars. The department must include in
this classification every trailer not more than thirty-five feet long and
eight feet wide primarily equipped, designed, converted, or used for
private living quarters and towed by a motor vehicle. The department
shall design a distinctive tag which must be displayed on the exterior of
the rear of the trailer in a conspicuous place."
Regional governments included
SECTION 140. Section 56-3-780(A) of the 1976 Code, as last
amended by Section 22S, Part II, Act 164 of 1993, is further amended to
read:
"(A) Permanent license plates must be issued by the department
for all motor vehicles operated by the State or its political subdivisions.
The license fee, including registration, is two dollars. Permanent plates
must bear the words `South Carolina', the number, and a prefix `SG',
`RG', `CG', or `MG' to designate respectively state government, regional
government, county government, or municipal government."
Definition revised
SECTION 141. Section 56-3-1010(1) of the 1976 Code, as last
amended by Act 322 of 1994, is further amended to read:
"(1) `Fleet' means two hundred or more marked private
passenger motor vehicles or property carrying vehicles with empty weight
of not more than twenty-two thousand pounds and a gross vehicle weight
of not more than twenty-six thousand pounds, owned or long-term leased
by a corporation or other legal entity, and registered in this State
pursuant to this article."
Selected fleet operators may issue
SECTION 142. Section 56-3-1020 of the 1976 Code, as added by
Section 90, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1020. A corporation or other legal entity may
register its fleet on an annual basis so that the registration of all vehicles
in the fleet expires in the same month instead of staggered vehicle
registration. The month of expiration must be approved by the
department. The department may issue special license plates and
registration cards for fleet motor vehicles upon application in a manner
determined by the department. The application must be approved if it
contains the information necessary for qualification as a fleet motor
vehicle, provides a list of all vehicles to be included in the fleet, and
includes payment of a filing fee of one hundred dollars. The filing fee is
in addition to the registration fees required by this chapter. The
department may authorize select fleet operators to issue special license
plates and registration cards for their own fleet vehicles."
Vehicle reference revised
SECTION 143. Section 56-3-1040 of the 1976 Code, as added by
Section 90, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1040. The fee for private passenger motor
vehicles registered as part of a fleet under the provisions of this article is
the same fee imposed by Section 56-3-620. The fee for
property-carrying vehicles registered as part of a fleet under the
provisions of this article is the same fee imposed by Section 56-3-660.
A vehicle added to the fleet during the registration year must be
registered in accordance with the provisions of this article. The fee for
licensing and registration may be prorated as prescribed by the
department."
Vehicle reference revised; surviving spouse also eligible
SECTION 144. Section 56-3-1110 of the 1976 Code, as amended by
Act 485 of 1992, is further amended to read:
"Section 56-3-1110. A wartime disabled veteran who is
entitled to compensation for the loss, or loss of use of one or both legs or
arms, or the permanent impairment of vision in both eyes to a degree as
to constitute virtual blindness and is also entitled to a special monthly
statutory award by reason thereof or any South Carolina veteran
classified as totally and permanently disabled due to service-connected
disabilities as determined from medical records on file with the Veterans
Administration may make application for registration and license of his
owned or leased private passenger motor vehicle to the department
without accompanying such application with the usual fee for registration
and license of a vehicle of similar type. The department shall issue such
license plates upon the receipt of such application in such form as may
be required. A veteran who is issued a license plate under the provisions
of this section shall not be required to reapply so long as he owns or
leases the vehicle for which the plate is issued and a surviving spouse of
such a veteran is also eligible to obtain such plate so long as the
surviving spouse does not remarry."
Vehicle reference revised
SECTION 145. Section 56-3-1150 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-1150. A member or former member of the
armed forces who was a prisoner of war (POW) in World War I, World
War II, the Korean Conflict, or the Vietnam Conflict and who is a legal
resident of this State may make application for registration and licensing
of his private passenger motor vehicle to the department without paying
the usual fee for registration and licensing of a vehicle of similar type.
The department shall issue the license plate or the revalidation sticker
upon receipt of the application in a form required by the department.
The provisions of this section do not apply if the former POW applies
for a special personalized motor vehicle license plate under the provisions
of Section 56-3-2010. The department may issue or transfer a special
POW motor vehicle license plate to a vehicle owned or leased by a
former POW or his surviving spouse. A former POW who is issued a
license plate under the provisions of this section or surviving spouse is
not required to reapply so long as the former POW or surviving spouse
owns the vehicle for which the plate is issued. The plate shall bear the
words `South Carolina', the number, and prefix `POW'.
The surviving spouse of a former POW after notice to the department
may retain the plate and is entitled to all the privileges of the POW for
the lifetime or until remarriage of the surviving spouse."
Determination of fees revised
SECTION 146. Section 56-3-1320 of the 1976 Code is amended to
read:
"Section 56-3-1320. The department shall charge a fee of six
dollars for every license plate or revalidation sticker issued as a
replacement. If a special personalized plate is replaced by a new special
personalized plate, the department shall charge a fee in the same amount
as the original fee. The department may not charge a fee for a
registration card issued as a replacement for a registered and licensed
vehicle, but a fee of one dollar must be charged for every duplicate
registration card issued by the department."
Jurisdiction of circuit court deleted
SECTION 147. Section 56-3-1330 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-1330. The department may suspend, cancel, or
revoke the registration and license of a vehicle, or the registration card,
license plate, revalidation sticker, or other document issued by the
department as authorized under this chapter in any of the following
events when the:
(1) department determines to its satisfaction that such registration
and license, registration card, license plate, revalidation sticker, or other
document was fraudulently or erroneously issued;
(2) department determines to its satisfaction that a registered and
licensed vehicle is mechanically unsafe or unfit to be operated or moved
upon a highway;
(3) vehicle registered and licensed has been dismantled or
wrecked;
(4) department determines that the required fee has not been paid
and is not paid upon reasonable notice and demand;
(5) registration card, license plate, revalidation sticker, or other
document is knowingly displayed upon a vehicle other than the one for
which it was issued;
(6) department determines to its satisfaction that the owner has
committed any offense under this chapter involving such registration
card, license plate, revalidation sticker, or other document;
(7) department is so authorized under any other provisions of
law."
Vehicle reference revised
SECTION 148. Section 56-3-1510 of the 1976 Code, as amended by
Section 22V, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1510. The department may issue special motor
vehicle license plates to persons who hold unrevoked and unexpired
amateur radio licenses of a renewable nature issued by the Federal
Communications Commission for private passenger motor vehicles
registered in the same name. The biennial fee for the special license
plates is two dollars in addition to the regular motor vehicle registration
fee prescribed by Article 5 of this chapter. Only one set of the special
plates may be issued to a person."
Application date deleted
SECTION 149. Section 56-3-1520 of the 1976 Code, as last amended
by Section 22W, Part II, Act 164 of 1993, is further amended to
read:
"Section 56-3-1520. Applications for special license plates, as
authorized under this article, must be made on forms provided by the
department, contain proof satisfactory to the department that the applicant
holds an unrevoked and unexpired amateur radio license, and state the
call letters assigned to the applicant."
Period of plates
SECTION 150. Section 56-3-1530 of the 1976 Code, as last amended
by Section 22X, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1530. The special license plates must be of the
same size and general design of regular motor vehicle license plates,
upon which must be imprinted the official amateur radio call letters of
the persons assigned by the Federal Communications Commission. The
special plates are for biennial periods which expire twenty-four months
from the month it is issued."
Vehicle references revised
SECTION 151. Section 56-3-1610 of the 1976 Code, as last amended
by Section 22Y, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1610. The department may issue special motor
vehicle license plates to emergency medical technicians for private
passenger motor vehicles registered in the name of the technicians. The
biennial fee for the special license plates is thirty dollars in addition to
the regular motor vehicle registration fee prescribed by Article 5 of this
chapter. Only one special plate may be issued to a person."
Application date deleted
SECTION 152. Section 56-3-1620 of the 1976 Code is amended to
read:
"Section 56-3-1620. Applications for special license plates, as
authorized under this article, shall be made on forms provided by the
department and shall contain proof satisfactory to the department that the
applicant has been trained as an emergency medical technician by a
hospital which conducts classes in emergency medical procedures and
technology."
Period of plates
SECTION 153. Section 56-3-1630 of the 1976 Code, as last amended
by Section 22Z, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1630. The special license plates must be of the
same size and general design of regular motor vehicle license plates upon
which must be imprinted the letters `EMT' and numbers the department
may determine. The special plates are for biennial periods which expire
twenty-four months from the month it is issued."
Applicability of section
SECTION 154. Section 56-3-1710 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-1710. The department shall design and supply,
at an appropriate fee, a special license plate, or supplemental plate or
attachment, for use on all publicly-owned motor vehicles operated by any
department or institution of the State of South Carolina, or any of its
political subdivisions. It shall be unlawful for any such publicly-owned
vehicle to be operated in the State of South Carolina that does not carry
such official emblem, marker, or plates. Provided, however, that this
provision shall not apply to the automobile supplied for the Governor's
personal use, automobiles supplied to law enforcement officers, when in
the opinion of the chief of the South Carolina Law Enforcement Division
or the director of the department it is advisable that such automobiles not
be so marked, nor to automobiles supplied to other state
officials."
Vehicle reference revised
SECTION 155. Section 56-3-1750 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-1750. The department may issue a special motor
vehicle license plate to active members of the United States Air Force
Reserve, United States Army Reserve, United States Coast Guard
Reserve, United States Marine Corps Reserve, or United States Navy
Reserve who are residents of the State for a private passenger motor
vehicle registered in their respective names. The biennial fee for the
special license plate is the regular motor vehicle registration fee plus the
personalized license plate fee provided by Section 56-3-2020. Only one
plate may be issued to a person."
Vehicle reference revised
SECTION 156. Section 56-3-1810 of the 1976 Code is amended to
read:
"Section 56-3-1810. The number of plates that may be issued
to members of the National Guard by the department shall equal the
number of private passenger motor vehicles registered in such person's
name in this State; provided, however, that the total number of such
plates issued to any one person shall not exceed three. The department
shall issue such plates for a particular private passenger motor vehicle
registered in that person's name and such plates may only be transferred
to another vehicle upon compliance with the provisions of Section
56-3-1830."
Vehicle reference revised
SECTION 157. Section 56-3-1850 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-1850. The department shall provide, upon
proper application being made, a distinctive permanent license plate to
any resident of the State who is a recipient of the Medal of Honor, for
use on a private passenger motor vehicle registered or leased in the
recipient's name. There is no fee for the license plate but no recipient
may receive a plate for more than one vehicle."
Procedures revised
SECTION 158. Section 56-3-1971 of the 1976 Code, as last amended
by Section 36Q, Part II, Act 497 of 1994, is further amended to read:
"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
and approved by the Attorney General within thirty days of submission
by the department."
Departmental references revised
SECTION 159. Section 56-3-1972 of the 1976 Code, as last amended
by Act 181 of 1993, is amended to read:
"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
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, unless otherwise provided for by the department. Each ticket
shall have a unique identifying number."
Automation authorized; procedures revised
SECTION 160. Section 56-3-1973 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-1973. The department shall have the uniform
parking violations ticket printed. The department may authorize a law
enforcement agency to automate the issuance of uniform parking
violations tickets. 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's record 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."
Departmental references
SECTION 161. Section 56-3-1974 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"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's
record 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's record 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."
Truck references deleted
SECTION 162. Section 56-3-2010 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-2010. (A) The department shall provide, upon
proper application being made, special personalized motor vehicle license
plates to the owner of a private passenger motor vehicle and motorcycles.
The personalized plates must be of the design and bear the letters and
numerals the department prescribes. However, there may be no
duplication of registration plates, except South Carolina members of the
United States Congress or members of the South Carolina General
Assembly may purchase a maximum of the original and two duplicate
registration plates. The department, in its discretion, may refuse the issue
of letter combinations which may carry connotations offensive to good
taste and decency and may not assign to a person not holding the relevant
office letters or numerals denoting the holder to have a public office.
(B) Private passenger motor vehicles must be assigned a biennial
registration which expires on a staggered monthly basis. Where a current
vehicle license plate currently is displayed, the owner of the vehicle may
make application for personalized license plates two months in advance
of the current registration expiration. A sticker reflecting the month of
expiration of registration must be issued and affixed in the space
provided on the license plate assigned to the vehicle. A personalized
license plate issued to a motorcycle expires November thirtieth two years
after issuance. Every personalized license plate issued to members of the
General Assembly and members of licensed state commissions and
boards expires January thirty-first each year in which a new session of
the General Assembly begins. Every vehicle registration must be renewed
biennially upon application by the owner and by payment of the fee
required by law to take effect the first day of the month following the
expiration of the registration to be renewed."
Regulation authority deleted
SECTION 163. Section 56-3-2030 of the 1976 Code is amended to
read:
"Section 56-3-2030. Special personalized license plates may
not be issued to any applicant whose operator's or chauffeur's license has
been suspended or revoked within two years from the date of application
or to any applicant whose driving record indicates a disregard of traffic
violations or unsafe driving practices within two years from the date of
application."
Vehicle reference revised
SECTION 164. Section 56-3-2150 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-2150. The department may issue special motor
vehicle license plates to members of municipal and county councils and
to county coroners of this State for private passenger motor vehicles
owned by them. The biennial fee for these special license plates is the
same as the fee provided in Section 56-3-2020, and only one plate may
be issued to a councilman or coroner. The plate must be issued or
revalidated biennially for the regular registration and licensing
period."
Testing or demonstration of a truck
SECTION 165. Section 56-3-2320(B) of the 1976 Code, as last
amended by Act 497 of 1994, is further amended to read:
"(B) For purposes of this section, the testing or demonstration
of a heavy duty truck with a GVW of 16,000 pounds or over as defined
in Section 56-3-20(10) includes permitting a prospective buyer to use the
truck for carrying merchandise or cargo for not more than three days
upon the dealer providing the buyer with a special demonstration
certificate for this purpose. The form and content of the demonstration
certificate must be as prescribed by the department which also shall
provide certificates to dealers upon their request. The original certificate
must be kept by the buyer in the cab of the truck during the three-day
demonstration period, and the dealer shall retain a copy of the certificate
and mail a copy of the certificate to the department within twenty-four
hours after it is issued to the buyer."
Departmental reference revised
SECTION 166. Section 56-3-2340 of the 1976 Code, as last amended
by Act 497 of 1994, is further amended to read:
"Section 56-3-2340. The department or its designated agent
may allow licensed motor vehicle dealers to issue first time motor vehicle
registrations and license tags directly from the dealership. A dealership
shall apply to the department upon forms approved and provided by the
department. The department may request information necessary to ensure
the integrity of the current licensing system. The department may allow
or refuse a dealership the right to issue motor vehicle registrations or
license tags based upon criteria established by the department. If a
dealership previously is denied the privilege to issue registrations and
tags, upon meeting the established criteria, the dealership may be allowed
to issue registrations or tags. If in the opinion of the department a bond
is necessary to ensure the payment of fees associated with the registering
and licensing of a vehicle, the department may require a bond not to
exceed the estimated value of new tags and validation stickers held by
the dealership or the department's designated agent."
Regulation authority deleted
SECTION 167. Section 56-3-2380 of the 1976 Code is amended to
read:
"Section 56-3-2380. The department may deny the application
of any person for registration under this article and may suspend or
revoke a registration or refuse to issue a renewal thereof if it is
determined that the applicant or registrant has:
(a) Made a material misrepresentation in his application;
(b) Used or permitted the use of plates contrary to law;
(c) Been found guilty of fraud or fraudulent practices;
(d) Failed to comply with any of the regulations of the department
for the enforcement of this article."
Vehicle reference revised
SECTION 168. Section 56-3-2810 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-2810. The department shall issue special motor
vehicle license plates to `volunteer firemen' who request them in the
manner provided in this article and who are residents of the State for
private passenger motor vehicles registered in their respective names. For
the purposes of this article `volunteer firemen' means members of
organized units providing fire protection without compensation being
paid to the members of the units for the service provided and whose
membership is certified to the municipal clerk or chairman of the council
of the municipality or county in which their unit is based by the chief
officer of the unit concerned. The cost of the special license plate as
determined by the department must be paid biennially by the requesting
volunteer fireman, and only one license plate may be issued to a
volunteer fireman. The plate must be issued upon application in a manner
and upon forms prescribed by the department and upon approval of the
application by the department."
Vehicle reference revised
SECTION 169. Section 56-3-3310 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-3310. The department may issue a special motor
vehicle license plate to a recipient of the Purple Heart for use on a
private passenger motor vehicle. The biennial fee for the special license
plate is the same as the fee provided in Section 56-3-2020, and only one
plate may be issued to a person. The application for a special plate must
include proof the applicant is a recipient of the Purple Heart."
Issuance of plates; distribution of fees
SECTION 170. Section 56-3-3710 of the 1976 Code is amended to
read:
"Section 56-3-3710. (A) The department may issue to owners
of private passenger motor vehicles special motor vehicle license plates
which may have imprinted on them an emblem, a seal, or other symbol
the department considers appropriate of a public college or university or
independent institution of higher learning, defined in Section 59-113-50,
located in this State. A school may submit to the department for its
approval the emblem, seal, or other symbol it desires to be used for its
respective special license plate. A school also may request a change in
the emblem, seal, or other symbol not more than once every five years.
The fee for this special license plate is seventy dollars every two years in
addition to the regular motor vehicle registration fee set forth in Article
5, Chapter 3 of this title. This special license plate must be of the same
size and general design of regular motor vehicle license plates. The
special license plates must be issued or revalidated for a biennial period
which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to
a separate fund for each of the respective colleges, universities, or
independent institutions of higher learning. Each fund must be
administered by the school and may be used only for academic
scholarships. Funds collected for state colleges and universities must be
deposited with the State Treasurer. Funds collected for independent
institutions must be deposited in an account designated by the respective
school. The distribution is thirty dollars to the department and forty
dollars to the school for each special license plate sold for the respective
school.
The department shall receive one hundred or more applications
requesting a special license plate for a school before a specialized license
plate may be developed for that school."
Vehicle references added
SECTION 171. Section 56-3-3910 of the 1976 Code, as last amended
by Act 164 of 1993, is further amended to read:
"Section 56-3-3910. The department may issue a special
commemorative motor vehicle license plate commemorating the fiftieth
anniversary of the introduction of the State Dance, the Shag, in 1988 for
use by owners on their private passenger motor vehicles. The biennial
fee for the commemorative license plate is fifty dollars in addition to the
regular motor vehicle registration fee prescribed by Article 5 of this
chapter. This license plate must be of the same size and general design of
regular motor vehicle license plates. The plate must be issued or
revalidated biennially for two years beginning December first and ending
November thirtieth twenty-four months later. License number `one' for
the Shag license plate is reserved for the president of the Columbia Shag
Club in Richland County."
Vehicle references added
SECTION 172. Section 56-3-3950 of the 1976 Code, as last amended
by Act 497 of 1994, is further amended to read:
"Section 56-3-3950. The department may issue a special
commemorative `Keep South Carolina Beautiful' motor vehicle license
plate for use by owners on their private passenger motor vehicles to
establish a special fund to be used by the Department of Transportation
for the purposes of beautifying the state's roads and highways. The
Department of Transportation, in implementing this program, may not
expend beautification funds for wildflowers without prior approval of the
South Carolina Department of Agriculture. The Department of
Agriculture shall ensure, before granting approval, that the varieties of
wildflowers used in beautification are not harmful to agriculture at or
near a proposed project. The biennial fee for the commemorative license
plate is fifty-four dollars, and of this amount twenty-four dollars must be
placed in a special `Keep South Carolina Beautiful Fund' established
within and administered by the Department of Transportation. This
biennial fee is in addition to the regular motor vehicle registration fee set
forth in Article 5, Chapter 7 of this title. The commemorative plate must
be of the same size and general design of regular motor vehicle license
plates and must be imprinted with the words `Keep South Carolina
Beautiful'. The plates must be issued or revalidated for a biennial period
which expires twenty-four months from the month they are
issued."
Vehicle references added
SECTION 173. Section 56-3-4310(A) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(A) The department shall issue a special motor vehicle license
plate for use on a private passenger motor vehicle owned by any retired
member of the United States Armed Forces who is a resident of this
State in accordance with the provisions of this section."
Special commemorative vehicle license plates
SECTION 174. Section 56-3-4510 of the 1976 Code, as last amended
by Act 115 of 1995, is further amended to read:
"Section 56-3-4510. The department shall issue a special
commemorative motor vehicle license plate for use by the owner on his
private passenger motor vehicle for the purposes of the `Nongame
Wildlife and Natural Areas Fund' provided in Section 12-7-2415. The
annual fee for the commemorative license plate is twelve dollars for the
first two years and five dollars for each year after that time, and these
amounts must be placed in the fund. This annual fee is in addition to the
regular motor vehicle registration fee set forth in Article 5, Chapter 7 of
this title. The commemorative plate must be of the same size and
general design of regular motor vehicle license plates and must be
imprinted with the words `South Carolina Protects Endangered Species'.
The plates must be issued or revalidated for an annual period which
expires twelve months from the month they are issued."
South Carolina State Guard special motor vehicle license
plates
SECTION 175. Section 56-3-4710(A) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(A) The department may issue a special motor vehicle license
plate to a member of the South Carolina State Guard who is a resident of
the State for a private passenger motor vehicle owned by the
member."
South Carolina firefighters license plates
SECTION 176. Section 56-3-4910 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-4910. (A) The department shall issue special
motor vehicle license plates to active and retired South Carolina
firefighters who request them in the manner provided in this article and
who are residents of the State for private passenger motor vehicles owned
by them. The special license plates, which must be of the same size and
general design of regular motor vehicle license plates, must be imprinted
with the words `SOUTH CAROLINA FIREFIGHTER' together with a
fire service emblem and with numbers as the department may determine.
The plates are for annual periods as provided by law. The fee for this
special license plate is thirty-five dollars each year which is in addition to
the regular motor vehicle registration fee as set forth in Article 5,
Chapter 3 of this title.
(B) The fees collected pursuant to this section must be deposited in a
separate fund for the South Carolina Fire Academy. The fund must be
administered by the Budget and Control Board Division of State Fire
Marshal and must be used only to train in-state public firefighters, paid
and volunteer, to comply with state and federal mandated training
standards. Funds collected must be deposited with the State Treasurer.
The distribution of the funds is based on fifteen dollars to the department
and twenty dollars to the academy for each special license plate sold.
(C) The department must receive one hundred or more applications
requesting a special license plate for the South Carolina Firefighters
before a specialized license plate may be developed."
Pearl Harbor survivors' license plates
SECTION 177. Section 56-3-5910 of the 1976 Code is amended to
read:
"Section 56-3-5910. An owner of a private passenger motor
vehicle who is a resident of this State may apply for a motor vehicle
license plate under this article if he:
(1) was a member of the United States Armed Forces on December
7, 1941;
(2) was on station on December 7, 1941, during the hours of 7:55
a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu, or
offshore at a distance not exceeding three miles; and
(3) received an honorable discharge from the United States Armed
Forces."
Pearl Harbor survivors' license plates
SECTION 178. Section 56-3-5930(A) of the 1976 Code is amended to
read:
"(A) An owner must be issued a Pearl Harbor survivor license
plate for his private passenger motor vehicle upon submitting proof of
eligibility and complying with the state motor vehicle laws relating to
registration and licensing of motor vehicles and payment of the regular
license fee for license plates as prescribed by law plus, for the initial
issuance, an additional fee of fifteen dollars."
Department of Public Safety exempted from certain notices in
envelopes
SECTION 179. Section 56-5-60 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-5-60. The envelope in which a notice required by
law to be mailed by the department is mailed, other than by registered or
certified mail, must have printed on it in bold letters `Please
Forward'."
Revision of penalties for failure to stop for a law enforcement
officer
SECTION 180. Section 56-5-750 of the 1976 Code, as last amended by
Act 65 of 1995, is further amended to read:
"Section 56-5-750. (A) In the absence of mitigating
circumstances, it is unlawful for a motor vehicle driver, while driving on
a road, street, or highway of the State, to fail to stop when signaled by a
law enforcement vehicle by means of a siren or flashing light. An
attempt to increase the speed of a vehicle or in other manner avoid the
pursuing law enforcement vehicle when signaled by a siren or flashing
light is prima facie evidence of a violation of this section. Failure to see
the flashing light or hear the siren does not excuse a failure to stop when
the distance between the vehicles and other road conditions are such that
it would be reasonable for a driver to hear or see the signals from the
law enforcement vehicle.
(B) A person who violates the provisions of subsection (A):
(1) for a first offense where no great bodily injury or death
resulted from the violation, is guilty of a misdemeanor and, upon
conviction, must be fined not less than five hundred dollars or
imprisoned for not less than ninety days nor more than three years. The
department must suspend the person's driver's license for at least thirty
days; or
(2) for a second or subsequent offense where no great bodily injury
or death resulted from the violation, is guilty of a felony and, upon
conviction, must be imprisoned for not more than five years. The
person's driver's license must be revoked by the department for a period
of one year from the date of the conviction.
(C) A person who violates the provisions of subsection (A) and when
driving performs an act forbidden by law or neglects a duty imposed by
law in the driving of the vehicle:
(1) where great bodily injury resulted, is guilty of a felony and,
upon conviction, must be imprisoned for not more than ten years; or
(2) where death resulted, is guilty of a felony and, upon
conviction, must be imprisoned for not more than twenty-five years.
(D) The department must revoke the driver's license of any person
who is convicted pursuant to subsection (C)(1) or (C)(2) for a period to
include any term of imprisonment, suspended sentence, parole, or
probation, plus three years.
(E) `Great bodily injury' means bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement, or protracted loss of or impairment of the function of a
bodily member or organ.
(F) After a conviction pursuant to subsection (B)(1) for a first
offense, the person may, after three years from the date of completion of
all terms and conditions of his sentence for the first offense, apply, or
cause someone acting on his behalf to apply, to the court for an order
expunging the records of the arrest and conviction. This provision does
not apply to any crime classified as a felony. If the person has had no
other conviction during the three-year period following the completion of
the terms and conditions of the sentence, the court shall issue an order
expunging the records. No person has any rights under this section more
than one time. After the expungement, the South Carolina Law
Enforcement Division and the Department of Public Safety are required
to keep a nonpublic record of the offense and the date of its
expungement to ensure that no person takes advantage of the rights
permitted by this subsection more than once. This nonpublic record is
not subject to release under the Freedom of Information Act or any other
provision of law except to those authorized law or court officials who
need to know this information in order to prevent the rights afforded by
this subsection from being taken advantage of more than once."
Investigation of traffic accidents involving a law enforcement agency
vehicle
SECTION 181. Section 56-5-765 of the 1976 Code, as last amended by
Act 138 of 1995, is further amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle
of a law enforcement agency, except a motor vehicle or motorcycle
operated by the department, is involved in a traffic collision that results
in an injury or a death, or involves a privately-owned motor vehicle or
motorcycle, regardless of whether another motor vehicle or motorcycle is
involved, the State Highway Patrol shall investigate the collision and file
a report with findings on whether the agency motor vehicle or
motorcycle was operated properly within the guidelines of appropriate
statutes and regulations.
(B) When a motor vehicle or motorcycle of the department is
involved in a traffic collision that results in an injury or a death, or
involves a privately-owned motor vehicle or motorcycle, regardless of
whether another motor vehicle or motorcycle is involved, the sheriff of
the county in which the collision occurred shall investigate the collision,
regardless of whether the collision occurred within an incorporated
jurisdiction, and file a report with findings on whether the department's
motor vehicle or motorcycle was operated properly within the guidelines
of appropriate statutes and regulations.
(C) A law enforcement department or agency may not investigate
collisions in which a motor vehicle or an employee of that department or
agency is involved that results in an injury or a death, or involves a
privately-owned motor vehicle or motorcycle, regardless of whether
another motor vehicle or motorcycle is involved."
Property damage amount increased for accident report
SECTION 182. Section 56-5-1270 of the 1976 Code is amended to
read:
"Section 56-5-1270. The operator or owner of a motor vehicle
involved in an accident resulting in injury to or death of any person or
total property damage to an apparent extent of one thousand dollars or
more which was not investigated by a law enforcement officer, within
fifteen days after the accident, shall forward a written report and
verification of liability insurance coverage of the accident to the
department, the proof and report to be in a manner prescribed by the
department. The completed and verified form must be returned by the
operator or owner to the department within fifteen days from the accident
date. Failure to forward the accident report verified in the proper manner
in respect to liability insurance coverage for the operation of the vehicle
involved in the accident is prima facie evidence that the vehicle was
uninsured.
Every law enforcement officer who, in the regular course of duty,
investigates a motor vehicle accident that results in injury to or death of
any person or total property damage to an apparent extent of one
thousand dollars or more either at the time of and at the scene of the
accident or after the accident by interviewing participants or witnesses,
within twenty-four hours after completing the investigation, must forward
a written report of the accident to the department including the names of
interviewed participants and witnesses. If a two-wheeled motorized
vehicle is involved in the accident and the operator or a passenger of the
vehicle suffers a head injury, the injury must be indicated on the
report."
Accident report
SECTION 183. Section 56-5-1350 of the 1976 Code is amended to
read:
"Section 56-5-1350. The department must tabulate and may
analyze all accident reports as required in Section 56-5-1270 and shall
publish annually or at more frequent intervals statistical information
based thereon as to the number and circumstances of traffic
accidents."
Municipal parking fees
SECTION 184. Section 56-5-2585 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-2585. Disabled veterans shall be exempt from
the payment of municipal parking meter fees when their vehicles bear a
disabled veteran's license plate issued by the department."
Prima facie evidence
SECTION 185. Section 56-5-2980 of the 1976 Code is amended to
read:
"Section 56-5-2980. In all trials and proceedings in any court
of this State, in which the defendant is charged with violation of Section
56-5-2920 or 56-5-2930, which forbid the operation of a vehicle in a
reckless manner or by one while under the influence of intoxicants, drugs
or narcotics, photostatic, optical disk, or other copies of the reports
required to be filed with the department pursuant to Section 56-5-2970,
when such copies are duly certified by the director of the department or
his designee as true copies of the original on file therewith, shall be
deemed prima facie evidence of the information contained on such
reports for the purpose of showing any previous conviction, of the
defendant in any other court. But, the accused may stipulate with the
solicitor that the charge constitutes a second or further offense, in which
event the indictment shall not contain allegations of prior offenses, nor
shall evidence of such prior offenses be introduced."
Suspension of driver's license
SECTION 186. Section 56-5-2990 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-2990. The department shall suspend the driver's
license of any person who is convicted, receives sentence upon a plea of
guilty or of nolo contendere, or forfeits bail posted for the violation of
Section 56-5-2930 or for the violation of any other law or ordinance of
this State or of any municipality of this State that prohibits any person
from operating a motor vehicle while under the influence of intoxicating
liquor, drugs, or narcotics for six months for the first conviction, plea of
guilty or of nolo contendere, or forfeiture of bail, one year for the second
conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two
years for the third offense, three years for the fourth offense, and a
permanent revocation of the driver's license for fifth and subsequent
offenses. Only those violations which occurred within ten years
including and immediately preceding the date of the last violation shall
constitute prior violations within the meaning of this section. Any person
whose license is revoked following conviction for a fifth offense as
provided in this section is forever barred from being issued any license
by the department to operate a motor vehicle.
Any person whose license is suspended under the provisions of this
section must be notified of suspension by the department of the
requirement to be evaluated by and successfully complete an Alcohol and
Drug Safety Action Program certified by the Department of Alcohol and
Other Drug Abuse Services prior to reinstatement of the license. An
assessment of the degree and kind of alcohol and drug abuse problem, if
any, of the applicant must be prepared and a plan of education or
treatment, or both, must be developed based upon the assessment. Entry
into and successful completion of the services, if such services are
necessary, recommended in the plan of education or treatment, or both,
developed for the applicant is a mandatory requirement of the restoration
of driving privileges to the applicant. The applicant shall bear the cost of
the services to be determined by the administering agency and approved
by the Department of Alcohol and Other Drug Abuse Services. The cost
may not exceed seventy-five dollars for assessment, one hundred
twenty-five dollars for education services, two hundred twenty-five
dollars for treatment services, and three hundred dollars in total for any
and all services. No applicant may be denied services due to an inability
to pay. The applicant shall be terminated from the Alcohol and Drug
Safety Action Program no later than six months after the date of program
enrollment. If the applicant has not successfully completed the services
as directed by the Alcohol and Drug Safety Action Program by the end
of the six-month period of enrollment, a hearing must be provided by the
administering agency and if further needed by the Department of Alcohol
and Other Drug Abuse Services. If the applicant is unsuccessful in the
Alcohol and Drug Safety Action Program, the department may restore the
privilege to operate a motor vehicle upon the recommendation of the
Medical Advisory Board as utilized by the department if it determines
public safety and welfare of the petitioner may not be endangered.
The department and the Department of Alcohol and Other Drug
Abuse Services shall develop procedures necessary for the
communication of information pertaining to relicensing or otherwise.
Such procedures must be consistent with the confidentiality laws of the
State and the United States. Successful completion of education,
treatment services, or both, for purposes of receiving a provisional
driver's license as stipulated in Section 56-1-1330 may be substituted in
lieu of services received under the authority of this section at the
discretion of the applicant. If the driver's license of any person is
suspended by authority of this section, no insurance company may refuse
to issue insurance to cover the remaining members of his family, but the
insurance company is not liable for any actions of the person whose
license has been suspended or who has voluntarily turned his license in to
the department."
Sale of mopeds
SECTION 187. Section 56-5-3750(A) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(A) A person who sells, solicits, or advertises the sale of
mopeds clearly and conspicuously shall label each moped with its
specifications including, but not limited to, the brake horsepower of the
motor and the maximum speed of the vehicle on level ground. The seller
also shall attach a metal identification plate to each moped without pedals
identifying the vehicle as a moped. This plate must be designed by the
department and must display information the department considers
necessary for enforcement purposes. The plate must be displayed
permanently on each moped without pedals and must not be removed. A
seller of mopeds who fails to label a moped, fails to attach a metal
identification plate to a moped without pedals, knowingly labels a
motorcycle or motor-driven cycle as a moped, or attaches a metal
identification plate to a motorcycle or motor-driven cycle identifying the
vehicle as a moped is guilty of a misdemeanor and, upon conviction,
must be fined not more than two hundred dollars or imprisoned for not
more than thirty days."
Sale of permits for vehicles carrying culvert pipes
SECTION 188. Section 56-5-4035 of the 1976 Code is amended to
read:
"Section 56-5-4035. The Department of Transportation may,
under such terms and conditions as it may deem to be in the public
interest for safety on the highways and in addition to any other permits
required by Title 56, issue annual permits for vehicles transporting
culvert pipe on public highways. No permit shall be issued for loads
exceeding a width of one hundred six inches, exclusive of safety devices
approved by the department. The fee for each permit shall be fifteen
dollars for each vehicle hauling such loads.
Any person violating the provisions of this section or any regulation
promulgated by authority hereof shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in an amount not to
exceed two hundred dollars or imprisoned for a term not to exceed thirty
days."
Length of motor vehicles on highways
SECTION 189. Section 56-5-4070(B) of the 1976 Code, as last
amended by Act 511 of 1994, is further amended to read:
"(B) No motor vehicle, exclusive of truck tractors being used in
two or three unit combinations on the National System of Interstate and
Defense Highways, on those qualifying federal-aid highways so
designated by the United States Secretary of Transportation, and on other
highways as designated by the Department of Transportation in
accordance with Section 56-5-4075, may exceed a length of forty feet
extreme overall dimension, inclusive of front and rear bumpers and load
carried on it, and a motor vehicle, other than a motor home, in excess of
thirty-five feet may have not less than three axles, except buses with two
axles approved by the department."
Regulation of vehicular traffic on highways
SECTION 190. That portion of the first paragraph preceding item (a)
of Section 56-5-4075 of the 1976 Code, as last amended by Act 181 of
1993, is amended to read:
"The department and the Department of Transportation may
promulgate regulations as necessary to implement the provisions of this
article. Regulations may be promulgated to make designations as are
necessary to provide for those vehicles which operate on the National
System of Interstate and Defense Highways and `other qualifying
highways' pursuant to Sections 56-5-4030 and 56-5-4070 reasonable
access to:"
Transportation of modular or sectional housing units
SECTION 191. Section 56-5-4095 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-4095. An official of the Department of
Transportation designated by the director, in his discretion, upon
application in writing and good cause being shown, may issue to a
vehicle a permit in writing authorizing the applicant to operate or move
upon the state's public highways a motor vehicle and loads for
transporting not more than two modular housing units or sectional
housing units if the total length of the vehicle, including the load, does
not exceed the length presently authorized by law and regulation for the
transporting of mobile homes. No permit may be issued to any vehicle
whose operation upon the public highways of this State threatens the
safety of others or threatens to unduly damage a highway or any of its
appurtenances."
Gross weight of vehicles operating on the interstate and
highway
SECTION 192. Section 56-5-4140 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(1)(a) The gross weight of a vehicle or combination of
vehicles, operated or moved upon any interstate, highway or section of
highway shall not exceed:
(1) Single-unit vehicle with two axles35,000 lbs.
(2) Single-unit vehicle with three axles46,000 lbs.
(3) Single-unit vehicle with four or more axles must meet the axle
spacing requirements and corresponding maximum overall gross weights
in accordance with the table in (b) plus tolerances.
(4) Combination of vehicles with three axles50,000 lbs.
(5) Combination of vehicles with four axles65,000 lbs.
(6) Combination of vehicles with five or more axles73,280 lbs.
The gross weight imposed upon any highway or section of highway
other than the interstate by two or more consecutive axles in tandem
articulated from a common attachment to the vehicle and spaced not less
than forty inches nor more than ninety-six inches apart shall not exceed
thirty-six thousand pounds, and no one axle of any such group of two or
more consecutive axles shall exceed the load permitted for a single axle.
The load imposed on the highway by two consecutive axles, individually
attached to the vehicle and spaced not less than forty inches nor more
than ninety-six inches apart, shall not exceed thirty-six thousand pounds
and no one axle of any such group of two consecutive axles shall exceed
the load permitted for a single axle.
The ten percent enforcement tolerance specified in Section 56-5-4160
applies to the vehicle weight limits specified in this section except, the
gross weight on a single axle operated on the interstate may not exceed
20,000 pounds, including all enforcement tolerances; the gross weight on
a tandem axle operated on the interstate may not exceed 35,200 pounds,
including all enforcement tolerances; and the overall gross weight for
vehicles operated on the interstate may not exceed 75,185 pounds,
including all enforcement tolerances except as provided in (b).
(b) Vehicles with an overall maximum gross weight in excess of
75,185 pounds may operate upon any highway or section of highway in
the Interstate System up to an overall maximum of 80,000 pounds in
accordance with the following:
The weight imposed upon the highway by any group of two or more
consecutive axles may not, unless specially permitted by the department
exceed an overall gross weight produced by the application of the
following formula:
W=500 (LN/N-1 + 12N + 36)
In the formula W equals overall gross weight on any group of two or
more consecutive axles to be nearest 500 pounds, L equals distance in
feet between the extreme of any group of two or more consecutive axles,
and N equals number of axles in the group under consideration.
As an exception, two consecutive sets of tandem axles may carry a
gross load of 68,000 pounds if the overall distance between the first and
last axles of the consecutive sets of tandem axles is 36 feet or more. The
formula is expressed by the following table:
Distance in feet
between the extremes Maximum load in pounds
of any group of 2 or carried on any group of 2
more consecutive axles or more consecutive axles
2 3 4 5 6 7
axles axles axles axles axles axles
4 35,200
5 35,200
6 35,200
7 35,200
8 and less
35,200 35,000
more than 8
38,000 42,000
8 35,200 35,200
9 39,000 43,000
10 40,000 43,500
11 44,500
Distance in feet
between the extremes Maximum load in pounds
of any group of 2 or carried on any group of 2
more consecutive axles or more consecutive axles
2 3 4 5 6 7
axles axles axles axles axles axles
12 45,000 50,000
13 46,000 50,500
14 46,500 51,500
15 47,500 52,000
16 48,000 52,500 58,000
17 49,000 53,500 58,500
18 49,500 54,000 59,500
19 50,500 54,500 60,000
20 51,000 55,500 60,500 66,000
21 52,000 56,000 61,000 66,500
22 52,500 56,500 62,000 67,000
23 53,500 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 55,000 58,500 63,500 69,000 74,500
26 55,500 59,500 64,500 69,500 75,000
27 56,500 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 58,000 61,500 66,000 71,500 77,000
30 58,500 62,000 67,000 72,000 77,500
31 59,500 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,500 74,500 80,000
35 65,500 70,000 75,000
36 68,000 70,500 75,500
37 68,000 71,000 76,000
38 68,000 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,500 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 77,000
Distance in feet
between the extremes Maximum load in pounds
of any group of 2 or carried on any group of 2
more consecutive axles or more consecutive axles
2 3 4 5 6 7
axles axles axles axles axles axles
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,500
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
(2) Except on the interstate highway system:
(a) Dump trucks, dump trailers, trucks carrying agricultural
products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks
designated and constructed for special type work or use are not required
to conform to the axle spacing requirements of this section. However,
the vehicle is limited to a weight of twenty thousand pounds for each
axle plus scale tolerances and the maximum gross weight of these
vehicles may not exceed the maximum weight allowed by this section for
the appropriate number of axles, irrespective of the distance between
axles, plus allowable scale tolerances.
(b) Concrete mixing trucks which operate within a fifteen-mile
radius of their home base are not required to conform to the requirements
of this section. However, these vehicles are limited to a maximum load
of the rated capacity of the concrete mixer, the true gross load not to
exceed sixty-six thousand pounds. All of these vehicles shall have at
least three axles each with brake-equipped wheels.
(c) Well-drilling, boring rigs, and tender trucks are not required to
conform to the axle spacing requirements of this section. However, the
vehicle is limited to seventy thousand pounds gross vehicle weight and
twenty-five thousand pounds for each axle plus scale
tolerances."
Investigation and registration of vehicles
SECTION 193. Section 56-5-4150 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-4150. The department upon registering a
vehicle, under the laws of this State, which is designed and used
primarily for the transportation of property or for the transportation of
ten or more persons, may require information and may make
investigation or tests necessary to enable it to determine whether the
vehicle may be operated safely upon the highways in accordance with all
the provisions of this chapter. The department may register the vehicle
for a load capacity which, added to the empty or unloaded weight of the
vehicle, will result in a permissible gross weight not exceeding the
limitations set forth in this chapter. It is unlawful for a person to operate
a vehicle or combination of vehicles with a load capacity in excess of
that for which it is registered by the department or in excess of the
limitations set forth in this chapter. A person making application for a
`farm truck' license shall declare in the form prescribed by the
department the true unloaded or empty weight of the vehicle and shall
stencil or mark in a conspicuous place on the left side of the vehicle the
true unloaded or empty weight if the unloaded or empty weight is over
five thousand pounds.
A private motor truck or truck tractor of more than twenty-six
thousand pounds gross weight and a for-hire motor truck or truck tractor
must have the name of the registered owner or lessor on the side clearly
distinguishable at a distance of fifty feet. These provisions do not apply
to two-axle straight trucks hauling raw farm and forestry products. A
truck operating pursuant to the federal motor carrier safety regulations
may operate with the owner's, lessor's, or lessee's name as
required."
Distribution of fees collected for vehicles that exceed the gross
weight
SECTION 194. The first undesignated paragraph of Section
56-5-4160(E) of the 1976 Code, as last amended by Act 181 of 1993, is
further amended to read:
"Magistrates have jurisdiction of all contested violations of this
section. All monies collected pursuant to Section 56-5-4160 must be
forwarded to the department as provided for in this section. A
magistrate, within forty-five days, must forward all monies collected to
the department for deposit in the account established in this section. The
department shall use these monies to establish and maintain automated
data bases, to upgrade and refurbish existing weigh stations, to purchase
and maintain portable scales, to hire additional other funded troopers or
officers, to purchase equipment, and to procure other safety measures that
the department considers necessary. The fine may be deposited with the
arresting officer or a person the department may designate. The fine
must be deposited in full or other arrangements satisfactory to the
department for payment must be made before the operator is allowed to
move the vehicle. If there is no conviction, the fine must be returned to
the owner promptly."
Movement of mobile homes on highways
SECTION 195. Section 56-5-4192 of the 1976 Code, as added by Act
439 of 1994, is further amended to read:
"Section 56-5-4192. Open-end permits issued pursuant to the
provisions of Chapter 3, Title 57 shall authorize the movement of a
mobile home on the highways of this State on a Saturday."
Signals used by the Department of Public Safety
SECTION 196. Section 56-5-4720 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-4720. Notwithstanding the provisions of Section
56-5-4700, any Department of Transportation vehicle may use oscillating,
rotating, or flashing red lights during any emergency. The Department of
Transportation personnel shall determine when an emergency
exists."
Inspection of brakes on motor-driven cycles
SECTION 197. Section 56-5-4880(b) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(b) The department may refuse to register or may suspend or
revoke the registration of any vehicle referred to in this section when it
determines that the braking system thereon does not comply with the
provisions of this section."
Safety glass in motor vehicles
SECTION 198. Section 56-5-5010 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-5010. No person shall sell any new motor
vehicle nor shall any new motor vehicle be registered unless such vehicle
is equipped with safety glass wherever glass is used in doors, windows,
and windshields. The foregoing provisions shall apply to all
passenger-type motor vehicles, including passenger buses and school
buses. But in respect to trucks, including truck tractors, the requirements
as to safety glass shall apply to all glass used in doors, windows, and
windshields in the drivers' compartments of such vehicles.
The department shall not register any motor vehicle which is subject
to the provisions of this section unless it is equipped with an approved
type of safety glass, and the department may thereafter suspend the
registration of any motor vehicle so subject to this section which it finds
is not so equipped until it is made to conform to the requirements of this
section."
Duties of a vehicle demolisher
SECTION 199. Section 56-5-5670(a) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(a) Any demolisher who purchases or otherwise acquires a
vehicle for purposes of wrecking, dismantling, or demolition shall not be
required to obtain a certificate of title for such vehicle in his own name.
After the vehicle has been demolished, processed, or changed so that it
physically is no longer a motor vehicle, the demolisher shall surrender
for cancellation the certificate of title or auction sales receipt or disposal
authority certificate. The department shall issue such forms, rules, and
regulations governing the surrender of auction sales receipts, disposal
authority certificates, and certificates of title as are
appropriate."
Definitions
SECTION 200. Section 56-5-5810 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-5810. For the purposes of this article:
(a) `Officer' means any state, county, or municipal law enforcement
officer, including county and municipal sanitation officers.
(b) `Abandoned vehicle' means a vehicle required to be registered in
this State if operated on a public highway in this State that is left
unattended on a highway for more than forty-eight hours, or a vehicle
that has remained on private or other public property for a period of
more than seven days without the consent of the owner or person in
control of the property.
(c) `Derelict vehicle' means a vehicle required to be registered in
this State if operated on a public highway in this State:
(1) whose certificate of registration has expired and the registered
owner no longer resides at the address listed on the last certificate of
registration on record with the department; or
(2) whose motor or other major parts have been removed so as
either to render the vehicle inoperable or the operation of which would
violate Section 56-5-4410; or
(3) whose manufacturer's serial plates, motor vehicle identification
numbers, license number plates, and any other means of identification
have been removed so as to nullify efforts to locate or identify the
registered owner; or
(4) whose registered owner of record disclaims ownership or
releases his rights thereto; or
(5) which is more than eight years old and does not bear a current
registration.
(d) `Demolisher' means any person, firm, or corporation whose
business is to convert a vehicle into processed scrap or scrap metal or
otherwise to wreck or dismantle such a vehicle.
(e) `Colored tag' means any type of notice affixed to an abandoned
or derelict vehicle advising the owner or the person in possession that it
has been declared an abandoned or derelict vehicle and will be treated as
such. The tag shall be of sufficient size to be easily discernable and shall
contain such information as the department deems necessary to carry out
the provisions of this article.
(f) `Demolisher' means any person whose business is to convert a
vehicle into processed scrap or scrap metal for recycling purposes or
otherwise to wreck or dismantle vehicles.
(g) `Salvage yard' means a business or a person who holds a license
issued by the State required of all retailers, possesses ten or more derelict
vehicles, and regularly engages in buying or selling used vehicle
parts."
Vehicles a hazard
SECTION 201. The 1976 Code is amended by adding:
"Section 56-5-5820. Abandoned and derelict vehicles
constitute a hazard to the health and welfare of the people in the State in
that such vehicles can harbor noxious diseases, furnish shelter and
breeding places for vermin, and present physical dangers to the safety
and well-being of children and other citizens. It is, therefore, in the
public interest that the present accumulation of abandoned and derelict
vehicles be eliminated and that the future abandonment of such vehicles
be prevented."
Removal
SECTION 202. Section 56-5-5840 of the 1976 Code is amended to
read:
"Section 56-5-5840. All abandoned and derelict vehicles shall
be subject to removal from public or private property and disposed of in
accordance with the provisions of this article."
Procedures
SECTION 203. Section 56-5-5850 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-5850. (a) When any vehicle is left unattended
on a highway or on other public or private property without the consent
of the owner or person in control of the property, an officer may place a
colored tag on the vehicle which shall be notice to the owner, the person
in possession of the vehicle or any lienholder that it may be considered
to be derelict or abandoned and is subject to forfeiture to the State.
(b) The colored tag shall serve as the only legal notice that, if the
vehicle is not removed within:
(1) forty-eight hours if located on a highway, or
(2) seven days if located on other public or private property from
the date of the tag, it will be removed to a designated place to be sold.
After the vehicle is removed, the political subdivision employing the
officer who affixed the colored tag shall notify in writing by registered or
certified mail, return receipt requested, the person in whose name the
vehicle was last registered and any lienholder of record. Notification
shall include that the vehicle is being held, designating the place where it
is being held, and that if it is not redeemed within thirty days from the
date of the notice by paying all cost of removal and storage, it shall be
sold for recycling purposes or for such other purposes as the political
subdivision deems advisable to ensure obtaining the highest possible
return from the sale. The proceeds of the sale shall be deposited in the
general fund of the political subdivision.
(c) If the identity of the last registered owner cannot be determined
or if the registration contains no address for the owner, or if it is
impossible to determine with reasonable certainty the identification and
addresses of any lienholders, notice by one publication in a newspaper of
general circulation in the area where the vehicle was located shall be
sufficient to meet all requirements of notice pursuant to this article. The
notice of publication may contain multiple listings of vehicles. Twenty
days after date of publication an advertised vehicle may be sold.
(d) Any notice sent by mail or any newspaper notice published under
the provisions of this section shall contain the following if it is
obtainable: the year, make, model, and serial number of the motor
vehicle. It shall also set forth where the vehicle is being held; inform the
owner and any lienholders of the right to reclaim the vehicle within thirty
days after the date of the notice upon payment of all towing,
preservation, and storage charges resulting from placing the vehicle in
custody; include the date, time, and place of the proposed sale; the name,
address, and telephone number of the person responsible for the sale; and
state that the failure of the owner or lienholders to exercise their right to
reclaim the vehicle within the time provided is a waiver by the owner
and all lienholders of all right, title, and interest in the vehicle and
consent to the sale of the vehicle.
(e) The purchaser of a vehicle which has not been reclaimed shall
take title free and clear of all liens and claims of ownership, shall receive
a sales receipt from the selling agency, as appropriate, and shall be
entered to register the purchased vehicle and receive a certificate of title.
The sales receipt shall be sufficient to transfer the vehicle to a demolisher
for demolition, wrecking or dismantling, and no further titling of the
vehicle shall be necessary. The expenses of the auction, the costs of
towing, preserving, and storing the vehicle which resulted from placing
the vehicle in custody, and all notice and publication costs incurred, shall
be reimbursed from the proceeds of the sale of the vehicle. Any
remainder from the proceeds of the sale shall be deposited in the general
fund of the state, county, or municipality, as applicable."
Contracting
SECTION 204. Section 56-5-5870 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-5-5870. The department, or any county or
municipality may contract with any federal, other state, county, or
municipal authority or private enterprise for tagging, collection, storage,
transportation, or any other services necessary to prepare derelict or
abandoned vehicles for recycling or other methods of disposal. Publicly-owned properties, when available, shall be provided as temporary
collecting areas for the motor vehicles defined herein."
Entry
SECTION 205. Section 56-5-5880 of the 1976 Code is amended to
read:
"Section 56-5-5880. All officers, employees, and agents of any
person under contract with the department, county, or municipality, are
authorized to go on private property for the purposes of enforcing this
article. No agent or employee of any federal, state, county, or municipal
government or other political subdivision, no person or occupant of the
premises from which any derelict or abandoned motor vehicle shall be
removed, nor any person or firm contracting for the removal of or
disposition of any such motor vehicle shall be held criminally or civilly
liable in any way arising out of or caused by carrying out or enforcing
any provisions of this article unless such person is guilty of willfulness,
wantonness, or recklessness."
Not to be harmed
SECTION 206. Section 56-5-5890 of the 1976 Code is amended to
read:
"Section 56-5-5890. In removing the abandoned and derelict
vehicles, the enforcing agency will do so without wilfully harming or
damaging the property on which the vehicles are located."
Liability
SECTION 207. Section 56-5-5900 of the 1976 Code is amended to
read:
"Section 56-5-5900. No lienholder shall be subject to any
penalty imposed by law in this State for abandonment unless the vehicle
is abandoned by the lienholder or his agent or servant. No owner of a
vehicle which has been stolen and thereafter abandoned shall be liable for
any charges or penalties imposed herein. A vehicle shall be deemed to be
stolen when the owner notifies a law enforcement officer of this or
another state, and such report is accepted and carried on the records of
the agency receiving the report as a stolen vehicle."
Penalty increased
SECTION 208. Section 56-5-5910 of the 1976 Code is amended to
read:
"Section 56-5-5910. It shall be unlawful for any person to
tamper with, remove or destroy any colored tag placed on any vehicle in
compliance with this article and any person found guilty of this provision
shall, upon conviction, be subject to a fine not exceeding five hundred
dollars."
Not to apply
SECTION 209. Section 56-5-5920 of the 1976 Code is amended to
read:
"Section 56-5-5920. The provisions of this article shall not
apply to vehicles housed or protected from the elements, those classified
as antiques and registered pursuant to Sections 56-3-2210 and 56-3-2220,
those exempted from registration pursuant to Section 56-3-120, those
vehicles reported as stolen in accordance with Section 56-5-5900, unless
any such vehicle presents an immediate safety or health hazard or
constitutes a nuisance."
Landowner may request
SECTION 210. Section 56-5-5940 of the 1976 Code is amended to
read:
"Section 56-5-5940. (a) Seizure, sale, or disposal of an
abandoned or derelict motor vehicle in a manner inconsistent with the
provisions of this article shall constitute conversion for which the owner
shall have redress in any court of competent jurisdiction.
(b) Any person or unit of government upon whose property or in
whose possession is found an abandoned or derelict vehicle may apply to
the sheriff or chief of police of the jurisdiction in which the vehicle is
located to implement the procedures outlined in this article, and the
sheriff or chief of police shall tag the vehicle and dispose of the vehicle
pursuant to this chapter."
Duty of demolisher
SECTION 211. The 1976 Code is amended by adding:
"Section 56-5-5945. (a) Any demolisher who purchases or
otherwise acquires a vehicle for purposes of wrecking, dismantling, or
demolition shall not be required to obtain a certificate of title for such
vehicle in his own name. After the vehicle has been demolished,
processed, or changed so that it physically is no longer a vehicle, the
demolisher shall surrender for cancellation the certificate of title or sales
receipt issued under Section 56-5-5850.
(b) A demolisher shall keep an accurate and complete record of all
vehicles purchased or received by him in the course of his business.
These records shall contain the name and address of the person from
whom each vehicle was purchased or received and the date when such
purchases or receipts occurred. The records shall be open for inspection
by any law enforcement officer at any time during normal business
hours. Any record required by this section shall be kept by the
demolisher for at least one year after the transaction to which it
applies."
Penalty increased
SECTION 212. Section 56-5-5950 of the 1976 Code is amended to
read:
"Section 56-5-5950. A person who abandons a vehicle either
on public or private property shall be guilty of a misdemeanor and, upon
conviction, shall be fined not more than five hundred dollars, and shall
pay all costs of having such abandoned vehicle removed, stored, and sold
as provided for in Section 56-5-5850. All such vehicles shall be
removed and disposed of in accordance with Section
56-5-5850."
Notice
SECTION 213. Section 56-5-6230 of the 1976 Code is amended to
read:
"Section 56-5-6230. Any magistrate's court, municipal court,
or other court of competent jurisdiction must notify the department when
any person charged with a traffic violation in such court, upon
conviction, or other plea has paid the fine therefor, or forfeited the bond
previously posted."
Traffic tickets
SECTION 214. The last two paragraphs in Section 56-7-10 of the 1976
Code, as last amended by Act 181 of 1993, are further amended to
read:
"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 automate
the issuance of a uniform ticket if approved by the department."
Insurance verification
SECTION 215. Section 56-7-12(A) and (C) of the 1976 Code, as
added by Act 181 of 1993, are amended to read:
"(A) When the operator or owner of an individual private
passenger automobile as defined in Section 38-77-30(5.5) is issued a
traffic ticket for a moving violation by a law enforcement officer, he may
be furnished a written request form to be completed by him and his
insurance company or the agent issuing the policy to verify liability
insurance coverage. The form must be prescribed by the department.
(C) The director or his designee of the department shall waive the
reinstatement fee or per diem fine, or both, imposed upon the owner or
operator of the motor vehicle pursuant to this section for his failure to
complete and return the insurance verification form if he has liability
insurance coverage when determined to be uninsured by the department.
The director or his designee shall document his reasons for waiving the
fees or fines in the records of the department."
Fees
SECTION 216. Section 56-9-330 of the 1976 Code is amended to
read:
"Section 56-9-330. (1) The department, upon request, and the
payment of a fee shall furnish any person a certified abstract of the
operating record of any person subject to the provisions of this chapter,
which abstract must also fully designate the motor vehicles, if any,
registered in the name of that person, and, if there is no record of any
conviction of that person for violating any laws relating to the operation
of a motor vehicle or of any injury or damage caused by that person, the
department shall so certify. The department, upon request and the
payment of a reasonable fee, shall furnish a monthly listing by magnetic
or other electronic media of all driver's license numbers that had driving
violations posted on their records during the previous month. These
abstracts are not admissible as evidence in any action for damages or
criminal proceedings arising out of motor vehicle accidents.
(2) The department shall, upon request, and the payment of a fee
furnish any person a copy of a vehicle accident report."
Waiver
SECTION 217. The 1976 Code is amended by adding:
"Section 56-9-505. An individual whose driver's license or
motor vehicle registration has been suspended for failure to pay property
taxes may request that the department waive the financial responsibility
requirements provided for in Chapter 9 of Title 56, upon providing proof
to the department that such taxes have been paid."
Notification
SECTION 218. Section 56-10-10 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-10-10. Every owner of a motor vehicle required to
be registered in this State shall maintain the security required by Section
56-10-20 with respect to each motor vehicle owned by him throughout
the period the registration is in effect. No certificate of registration may
be issued or transferred to an owner by the director of the department
unless the owner or prospective owner produces satisfactory evidence that
the security is in effect, including the name of the owner's automobile
liability insurer, and his signed statement, subject to this state's perjury
statutes, that insurance is in place as required by this section."
Security
SECTION 219. Section 56-10-20 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-10-20. The security required under this chapter is
a policy or policies written by insurers authorized to write such policies
in South Carolina providing for at least (1) the minimum coverages
specified in Sections 38-77-140 through 38-77-230 and (2) the benefits
required under Sections 38-77-240, 38-77-250, and 38-77-260. However,
the director or his designee may approve and accept another form of
security in lieu of such a liability insurance policy if he finds that such
other form of security is adequate to provide and does in fact provide the
benefits required by this chapter."
Lapse
SECTION 220. Section 56-10-40 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-10-40. Every insurer writing automobile liability
insurance in this State and every provider of other security approved and
accepted by the director or his designee in lieu of such insurance shall
immediately notify the department of the lapse or termination of any
such insurance or security issued to or provided for a resident of this
State in the following circumstances:
(1) the lapse or termination of such insurance or security occurs
within three months of issuance provided that this subsection only applies
to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident
who fails one or more of the objective standards prescribed in Section
38-73-455.
This notification must be in writing or magnetic media in a manner
considered satisfactory to the department. Upon receipt of any such
notice the department shall make a reasonable effort to notify the person
that his certificate of registration has been suspended and shall recover
the certificate from such person and the motor vehicle registration plates
from the vehicles concerned."
Suspensions and revocations
SECTION 221. Section 56-10-45 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 56-10-45. (A) The Department of Public Safety may
enter into agreements with other municipal and county law enforcement
agencies for the collection of suspended or revoked drivers' licenses,
motor vehicle registrations, and motor vehicle plates. The department
must assess a fifty dollar fine for each item recovered pursuant to this
section in addition to any other fines assessed. Upon collection, this fine
must be returned on a quarterly basis to the general fund of the
municipality or county which initiated the enforcement action.
(B) All motor vehicle registration certificates, motor vehicle plates,
and drivers' licenses confiscated or seized pursuant to this section must
be returned to the department within fifteen days.
(C) The department shall collect and keep the reinstatement fee as
provided in Section 56-10-240 and the per diem fine as provided in
Section 56-10-245 upon the reinstatement of tags confiscated by local
law enforcement agencies pursuant to this section. Fines collected
pursuant to Section 56-10-240, referring to the monetary penalty of a
person who is guilty of a misdemeanor for wilful failure to return his
motor vehicle license plates and registration, must be paid to the
governing body of the local law enforcement agency confiscating the tags
and deposited in the general fund of the local governing body. The
director or his designee shall monthly provide information to local law
enforcement agencies, upon request of the local law enforcement agency,
on uninsured vehicles."
Insurance requirements
SECTION 222. Section 56-10-220 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-10-220. Every person applying for registration for
a motor vehicle shall at the time of such registration and licensing
declare the vehicle to be an insured motor vehicle under the penalty set
forth in Section 56-10-260 and shall execute and furnish to the
department his certificate that such motor vehicle is an insured motor
vehicle, and that he will maintain insurance thereon during the
registration period. The certificate must be in the form prescribed by the
department. The department may require any registered owner or any
applicant for registration and licensing of a motor vehicle declared to be
an insured motor vehicle to submit a certificate of insurance executed by
an authorized agent or representative of an insurance company authorized
to do business in this State. Such certificate must also be in a form
prescribed by the department."
Failure to maintain insurance
SECTION 223. Section 56-10-240 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-10-240. (A) If, during the period for which it is
licensed, a motor vehicle is or becomes an uninsured motor vehicle, then
the vehicle owner immediately shall obtain insurance on the vehicle or
within five days after the effective date of cancellation or expiration of
his liability insurance policy surrender the motor vehicle license plates
and registration certificates issued for the motor vehicle. If five working
days after the last day to pay an automobile liability insurance premium,
whether it is the premium due date or a grace period that is granted
customarily or contractually a motor vehicle is an uninsured motor
vehicle, the insurer shall give written notice, or notice by magnetic or
electronic media in a manner considered satisfactory to the department,
within ten days after the five-day period ends, in addition to that notice
previously given in accordance with law, by delivery under United States
Post Office bulk certified mail, return receipt requested, to the
department of the cancellation or refusal to renew under the following
circumstances:
(1) the lapse or termination of such insurance or security occurs
within three months of issuance, provided that this subsection only
applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident
who fails one or more of the objective standards prescribed in Section
38-73-455.
(B) The department, in its discretion, may authorize insurers to
utilize alternative methods of providing notice of cancellation of or
refusal to renew to the department. The department may not reissue
registration certificates and license plates for that vehicle until
satisfactory evidence has been filed by the owner or by the insurer who
gave the cancellation or refusal to renew notice to the department that the
vehicle is insured. Upon receiving information to the effect that a policy
is canceled or otherwise terminated on a motor vehicle registered in
South Carolina, the department shall suspend the license plates and
registration certificate and shall initiate action as required within fifteen
days of the notice of cancellation to pick up the license plates and
registration certificate. A person who has had his license plates and
registration certificate suspended by the department, but who at the time
of suspension possesses liability insurance coverage sufficient to meet the
financial responsibility requirements as set forth in this chapter, has the
right to appeal the suspension immediately to the Director of the
Department of Insurance. If the Director of the Department of Insurance
determines that the person has sufficient liability insurance coverage, he
shall notify the department, and the suspension is voided immediately.
The department shall give notice by first class mail of the cancellation or
suspension of registration privileges to the vehicle owner at his last
known address. However, when license plates are surrendered pursuant
to this section, they must be forwarded to the Department of Revenue
and Taxation office in the county where the person who surrenders the
plates resides.
(C) If the vehicle owner unlawfully refuses to surrender the
suspended items as required in this article, the department through its
designated agents or by request to a county or municipal law enforcement
agency may take possession of the suspended license plates and
registration certificate and may not reissue the registration until proper
proof of liability insurance coverage is provided and until the owner has
paid a reinstatement fee of two hundred dollars. A person who
voluntarily surrenders his license plates and registration certificate before
their suspension shall only be charged a reinstatement fee of five
dollars.
(D) A person wilfully failing to return his motor vehicle license
plates and registration certificates as required in this section is guilty of a
misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor
more than two hundred dollars or imprisoned for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned
for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not less than
forty-five days nor more than six months.
(E) Only convictions which occurred within ten years including and
immediately preceding the date of the last conviction constitute prior
convictions within the meaning of this section."
Road tax
SECTION 224. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 11
Road Tax on Motor Carriers
Article 1
General Provisions
Section 56-11-10. When used in this chapter, the term `motor
carrier' means every person who operates or causes to be operated on
any highways in this State road tractors, truck tractors, trucks having
more than two axles, or passenger vehicles designed to seat more than
twenty occupants. For the purposes of this section, the federal
government, the State, counties, municipalities, churches, and any agents
of them, and special mobile equipment as defined in item (11) of Section
56-3-20, must not be deemed `motor carriers'.
Section 56-11-20. The department shall enforce this chapter with
respect to the possession of correct registration and display of the proper
identification marker. Notwithstanding other provisions of this chapter,
the department may enter into an agreement with other states in a
registration and identification marker reciprocal agreement known as the
International Fuel Tax Agreement (IFTA). Qualified vehicles operating
in accordance with this agreement are not required to purchase other fuel
markers in member states.
Section 56-11-30. For the purposes of administration and
enforcement of this chapter, the provisions of Title 12, wherever
applicable, are adopted and made a part of this chapter.
Section 56-11-40. The department and its agents and representatives
have the right at any reasonable time to examine the books and records
of any motor carrier.
Section 56-11-50. When any person is discovered in this State
operating a vehicle in violation of any of the provisions of this chapter, it
is unlawful for anyone thereafter to operate the vehicle on the streets or
highways in this State except to remove it from the street or highway for
the purpose of parking or storing it unless and until a bond in the amount
of five hundred dollars is furnished to the department in such form and
with such surety or sureties or otherwise as it may prescribe, conditioned
upon a proper registration card and identification marker being applied
for within ten days and conditioned upon the payment of any taxes,
penalties, or interest found to be due pursuant to this chapter.
Section 56-11-60. In lieu of all other penalties and interest provided
by law, penalties and interest provided under the International Fuel Tax
Agreement apply to all reports filed with the State as a result of the
International Fuel Tax Agreement.
Article 3
Registration Card and Identification Marker
Section 56-11-210. No motor carrier shall operate or cause to be
operated in South Carolina any vehicle described in Section 56-11-10
until the motor carrier has secured from the department a registration
card and an identification marker for each vehicle.
Section 56-11-220. (A) A motor carrier having infrequent trips into
and through the State may obtain a temporary permit good for one motor
vehicle for ten consecutive days beginning and ending on the dates
specified on the face of the permit. No reports are required of motor
carriers only using temporary permits. Temporary permits may be issued
in lieu of biennial registration required under this chapter and highway
use taxes incurred during this period. The temporary permit must be
carried in the vehicle for which it was issued at all times when the
vehicle is in this State. The department may issue a temporary permit by
facsimile message, letter, or telegram.
(B) The department may engage a person to issue the temporary
permits if he receives the permits from the department. No person may
issue the permits unless the permits are available to the public on a
twenty-four hour basis.
(C) The department shall promulgate the regulations necessary for
the proper administration of this section.
Section 56-11-230. The department shall prepare forms for use in
making applications for registration cards and identification markers in
accordance with this chapter, and the applicant shall furnish all the
information required by such forms before a registration card or
identification marker is issued.
Section 56-11-240. The registration card and the identification marker
must be of such form as the department may prescribe. Each
identification marker shall bear a number which must be the same as the
number appearing on the registration card for the same vehicle.
Section 56-11-250. A motor carrier operating motor vehicles in this
State shall apply to the department biennially for a registration card and
identification marker for each power unit it operates in this State. A
person violating this section, upon conviction, must be punished as
provided in Section 56-17-10.
Section 56-11-260. The registration cards and markers provided for
must be issued for the period beginning April first each biennium and are
valid until March thirty-first of the biennium. All identification markers
remain the property of the State.
Section 56-11-270. The registration card must be carried in the
vehicle for which it was issued at all times when the vehicle is in this
State. The identification marker must be attached or affixed to the
vehicle in the place and manner prescribed by the department so that it is
clearly displayed at all times, and it shall at all times be kept clearly
legible.
Section 56-11-280. In addition to the penalties herein provided, the
department may for good cause suspend or revoke any registration card
or identification marker issued pursuant to this chapter.
Section 56-11-290. A person who operates or causes to be operated
on any highway in this State any motor vehicle that does not carry a
registration card required by this chapter or any motor vehicle that does
not display, in the manner prescribed by this chapter or by the
department, the identification marker required by this chapter, is guilty of
a misdemeanor and, upon conviction, must be fined not more than one
hundred dollars. Each day's operation in violation of this section
constitutes a separate offense.
Article 5
Road Tax
Section 56-11-410. A road tax for the privilege of using the streets
and highways in this State is imposed upon every motor carrier. The tax
is equivalent to sixteen cents a gallon, calculated on the amount of
gasoline or other motor fuel used by the motor carrier in its operations
within this State. Except as credit for certain taxes as provided for in this
chapter, taxes imposed on motor carriers by this chapter are in addition
to taxes imposed upon the carriers by any other provision of law.
Section 56-11-415. For the purpose of this chapter, a motor carrier, as
defined in Section 56-11-10, which operates one hundred percent of its
miles within the boundaries of this State is exempt from the provisions of
this chapter.
Section 56-11-420. The amount of tax due must be calculated upon
the amount of gasoline or other motor fuel used by the motor carrier in
its operation within this State during the reporting period. The
department shall develop forms to reflect the tax due in accordance with
nationally recognized standards.
Section 56-11-430. Every motor carrier subject to the tax imposed by
this chapter shall, on or before the last day of April, July, October, and
January submit to the department the reports of its operations during the
quarter of the year ending the last day of the preceding month as the
department requires. Nothing in this section may be construed to
eliminate the requirement as to registration and identification markers
otherwise provided by this chapter.
Section 56-11-440. The tax herein imposed with respect to each
calendar quarter shall be paid to the department at the same time the
report required by this chapter is filed.
Section 56-11-450. (A) Every motor carrier subject to the tax
imposed under this chapter is entitled to a credit on the tax equivalent to
sixteen cents per gallon on all gasoline or other motor fuel purchased by
the carrier within this State for use in operations either within or without
this State and upon which gasoline or other motor fuel the tax imposed
by the laws of this State has been paid by the carrier. Evidence of the
payment of the tax in such form as may be required by or is satisfactory
to the department must be furnished by each carrier claiming the
credit.
(B) When the amount of the credit exceeds the amount of the tax for
which the carrier is liable for the same quarter, the excess may, under
regulations of the department, be allowed as a credit on the tax for which
the carrier would be otherwise liable for another quarter or quarters. The
department is authorized to refund the amount of the credit herein
allowed if within its discretion the refund is preferable to the credit. The
refund must be made only if the carrier has fully complied with all the
rules and regulations of the department and the provisions of this
chapter.
Section 56-11-490. The excise tax and penalties and interest imposed
under this chapter constitutes a first preferred lien upon any motor
vehicle in which fuel taxable under this chapter is used, the lien attaching
at the time the vehicle is operating in this State through the use of the
fuel. The lien must not be removed until the excise tax, penalties and
interest, and legal costs are paid or the property subject to the lien is sold
in payment thereof, and the lien is paramount to all private liens or
encumbrances of whatever character and to the rights of any conditional
vendor or any other holder of the legal title in or to any such motor
vehicle.
Section 56-11-500. As to revenue collected under this chapter or other
road taxes on motor carriers, the department must withhold from the
State Highway Fund monies not to exceed the actual or projected costs
associated with administering and enforcing the provisions of this
chapter. The State Treasurer and the Comptroller General shall establish
accounts as necessary to facilitate the efficient and effective operation of
this chapter and deposit from the State Highway Fund initial monies as
may be necessary to operate this program. All remaining taxes and
penalties and interest collected by the department pursuant to the
provisions of this chapter must be deposited in the State Highway
Fund.
Article 7
International Fuel Tax Agreement
Section 56-11-550. Upon filing a return, the Department of Public
Safety may distribute funds to International Fuel Tax Agreement states
before the collection of funds from a person covered by the agreement.
If the person has not remitted the funds within ninety days after being
sent a collection notice, the department must revoke the authority of the
person to operate in South Carolina and other states. The department
may collect a person's past deficient payments by adjusting future
distributions to states to which distributions previously had been
made."
Licensing period changed; etc.
SECTION 225. Section 56-15-310 of the 1976 Code is amended to
read:
"Section 56-15-310. (A) Before engaging in business as a
dealer or wholesaler in this State, a person first must make application to
the department for a license. Each license issued expires twelve months
from the month of issue (licensing period) and must be displayed
prominently at the established place of business. The fee for the license
is fifty dollars. The license applies to only one place of business of the
applicant and is not transferable to another person or place of business
except that a licensed dealer may exhibit and sell motor homes, as
defined by Section 56-15-10, at fairs, recreational or sports shows,
vacation shows, and other similar events or shows upon obtaining a
temporary dealer's license in the manner required by this section. No
other exhibitions may be allowed, except as may be permitted by this
section. Before exhibiting and selling motor homes at temporary locations
as permitted above, the dealer shall first make application to the
department for a license. To be eligible for a temporary license, a dealer
shall hold a valid dealer's license issued pursuant to this chapter. Every
temporary dealer's license issued is valid for a period not to exceed ten
consecutive days and must be prominently displayed at the temporary
place of business. No dealer may purchase more than six temporary
licenses in any one licensing period. The fee for each temporary license
issued is twenty dollars. A temporary license applies to only one dealer
operating in a temporary location and is not transferable to any other
dealer or location.
Any person failing to secure a temporary license as required by this
section is guilty of a misdemeanor and, upon conviction, must be
punished in the same manner as he would be punished for failure to
secure his regular dealer's license.
The provisions of this section may not be construed as allowing the
sale of any type of motor vehicles other than motor homes at authorized
temporary locations.
(B) A person who fails to secure either a temporary or a permanent
license as required in this chapter is guilty of a misdemeanor and, upon
conviction, must be fined:
(1) not less than fifty dollars or more than two hundred dollars or
imprisoned for not more than thirty days for the first offense;
(2) not less than two hundred dollars or more than one thousand
dollars or imprisoned for not more than six months, or both, for the
second offense; and
(3) not less than one thousand dollars or more than ten thousand
dollars or imprisoned for not more than two years, or both, for the third
or any subsequent offense.
For purposes of this section, the sale of each motor vehicle constitutes
a separate offense."
Section reorganized
SECTION 226. Section 56-15-340 of the 1976 Code is amended to
read:
"Section 56-15-340. (A) Every dealer or wholesaler shall
keep complete records of each transaction under which a motor vehicle is
transferred for a period of not less than four years from the date of the
transaction. The records must show the true name and correct address of
the person or persons from whom the motor vehicle was acquired and the
date of the transaction; a correct description of the vehicle, when
transferred; the true name and correct address of the person to whom the
motor vehicle was transferred; and the date of the transaction. The
description of the motor vehicle must include the vehicle identification
number, make, model, type of body, and the odometer readings at the
time the motor vehicle was transferred to and from the dealer or
wholesaler. These records must be open at all reasonable times for
inspection and copying by the department or any of its duly authorized
agents.
(B) The records kept by the dealer or wholesaler must be maintained
in a reasonably organized and orderly fashion with all entries being
legible to the ordinary person upon inspection. Any records which are
illegible or incapable of accurate interpretation by either the recordkeeper
or the department's inspector or agent are not in compliance with this
section.
(C) If any dealer or wholesaler fails to keep the required records or
fails to make them available to the department or its duly authorized
agents immediately upon a reasonable request, the dealer or wholesaler is
guilty of a misdemeanor and, upon conviction, must be fined not less
than fifty dollars nor more than two hundred dollars or imprisoned for up
to thirty days. The failure to keep or to make available to the department
or its duly authorized agents complete records on each separate motor
vehicle constitutes a separate offense."
Jurisdictional authority changed
SECTION 227. Section 56-15-560 of the 1976 Code, as added by Act
70 of 1995, is amended to read:
"Section 56-15-560. Before engaging in business as a
wholesale motor vehicle auction in this State, an application must be filed
with the department furnishing the information it requires including, but
not limited to, information adequately identifying by name and address
individuals who own or control ten percent or more of the interest of the
applicant. Each license issued expires twelve months from the month of
issuance and must be displayed prominently at the established place of
business. The license applies to only one place of business of the
applicant and is not transferable to another person or place of business.
The fee for the license is fifty dollars."
Administering agency changed; provisions deleted
SECTION 228. Section 56-15-570 of the 1976 Code, as added by Act
70 of 1995, is amended to read:
"Section 56-15-570. (A) Each applicant for licensure as a
wholesale motor vehicle auction shall furnish a surety bond in the penal
amount of fifteen thousand dollars on a form prescribed by the
department. The bond must be given to the department and executed by
the applicant as principal and by a corporate surety company authorized
to do business in this State as surety. The bond must be conditioned
upon the applicant or licensee complying with the statutes applicable to
the license and as indemnification for loss or damage suffered by an
owner of a motor vehicle, or his legal representative, by reason of fraud
practiced or fraudulent representation made by the licensee in connection
with the sale or transfer of a motor vehicle by the licensee or its agent
acting for it or within the scope of employment of the agent or loss or
damage suffered by reason of a violation by the licensee or its agent of
this chapter.
(B) An owner or his legal representative who suffers loss or damage
has a right of action against the wholesale motor vehicle auction and
against the licensee's surety upon the bond and may recover damages as
provided in this chapter. However, regardless of the number of years a
bond remains in effect, the aggregate liability of the surety for all claims
is limited to fifteen thousand dollars on each bond and to the amount of
the actual loss incurred. The surety may terminate its liability under the
bond by giving the department thirty days' written notice of its intent to
cancel the bond. The surety shall notify the department if the bond is
canceled. The cancellation does not affect liability incurred or accrued
before the cancellation."
Licensing period restated; etc.
SECTION 229. Section 56-16-140 of the 1976 Code is amended to
read:
"Section 56-16-140. (A) Before engaging in business as a
motorcycle dealer or wholesaler in this State, every person must first
make application to the department for a license. Every license issued
expires twelve months from the date of issue and must be prominently
displayed at the established place of business. The fee for the license is
fifty dollars. The license applies to only one place of business of the
applicant and is not transferable to any other person or place of
business.
(B) A person who fails to secure a license as required in this chapter
is guilty of a misdemeanor and, upon conviction, must be fined:
(1) not less than fifty dollars nor more than two hundred dollars or
imprisoned for not more than thirty days for the first offense;
(2) not less than two hundred dollars nor more than one thousand
dollars or imprisoned for not more than six months, or both, for the
second offense; and
(3) not less than one thousand dollars nor more than ten thousand
dollars or imprisoned for not more than two years, or both, for the third
or any subsequent offense.
For purposes of this subsection, the sale of each motorcycle
constitutes a separate offense."
Section reorganized
SECTION 230. Section 56-16-170 of the 1976 Code is amended to
read:
"Section 56-16-170. (A) Every dealer or wholesaler shall
keep complete records of each transaction under which a motorcycle is
transferred for a period of not less than four years from the date of the
transaction. The records must show the true name and correct address of
the person or persons from whom the motorcycle was acquired and the
date of the transaction; a correct description of the motorcycle, when
transferred; the true name and correct address of the person to whom the
motorcycle was transferred; and the date of the transaction. The
description of the motorcycle must include the motorcycle identification
number, make, model, type of body, and the odometer readings at the
time the motorcycle was transferred to and from the dealer or wholesaler.
These records must be open at all reasonable times for inspection and
copying by the department or any of its duly authorized agents.
(B) The records kept by the dealer or wholesaler must be maintained
in a reasonably organized and orderly fashion with all entries being
legible to the ordinary person upon inspection. Any records which are
illegible or incapable of accurate interpretation by either the recordkeeper
or the department's inspector or agent are not in compliance with this
section.
(C) If any dealer or wholesaler fails to keep the required records or
fails to make them available to the department or its duly authorized
agents immediately upon a reasonable request, the dealer or wholesaler is
guilty of a misdemeanor and, upon conviction, must be fined not less
than fifty dollars nor more than two hundred dollars or imprisoned for up
to thirty days. The failure to keep or to make available to the department
or its duly authorized agents complete records on each separate
motorcycle constitutes a separate offense."
Criminal penalties enacted
SECTION 231. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 17
Criminal Penalties
Section 56-17-10. A person required by a provision of law or by
regulation to purchase a license, keep any records, or supply any
information, who wilfully fails to purchase a license, keep the records, or
supply the information or who wilfully falsifies information so supplied,
at the time or times required by law or regulation, in addition to other
penalties provided by law, is guilty of a misdemeanor and, upon
conviction, must be fined not more than ten thousand dollars or
imprisoned not more than one year, or both, including the cost of
prosecution."
Moped defined
SECTION 232. Section 56-19-10(44) of the 1976 Code, as last
amended by Act 94 of 1991, is further amended to read:
"(44) `Moped': Notwithstanding item (2), every cycle with
pedals to permit propulsion by human power or without pedals and with
a motor of not more than fifty cubic centimeters which produces not to
exceed two brake horsepower and which is not capable of propelling the
vehicle at a speed in excess of thirty miles an hour on level ground is a
moped. If an internal combustion engine is used, the moped must have a
power drive system that functions directly or automatically without
clutching or shifting by the operator after the drive system is
engaged."
Odometer disclosure statement deleted; etc.
SECTION 233. Section 56-19-240 of the 1976 Code, as last amended
by Act 506 of 1994, is further amended to read:
"Section 56-19-240. (1) An application for a certificate of
title for a vehicle in this State must be made by the owner to the
department on the form it prescribes and must contain or be accompanied
by:
(a) the name and residence and mailing address of the owner;
(b) a description of the vehicle, including, so far as the following
data exists, its make, model, year, vehicle identification number, type of
body, odometer reading at the time of application, and whether new or
used;
(c) the date of acquisition by applicant, the name and address of
the person from whom the vehicle was acquired, and the names and
addresses of any lienholders in the order of their priority and the dates of
their security agreements;
(d) an odometer disclosure statement made by the transferor of the
vehicle and acknowledged by the transferee. The statement must be in
compliance with federal guidelines and as prescribed by the department.
Where more than one transfer has intervened between the previous
certificate of title and the application for a new certificate of title, it must
be shown that the certificate of title has been signed by the owner or by
the owner's attorney in fact, and there must be for each intervening
transfer thereafter a bill of sale in a form approved by the department,
including a completed odometer disclosure statement. Additionally, the
odometer disclosure statement on the application form must be completed
by the applicant;
(e) any further information or documentation the department
reasonably requires to enable it to determine: the identity of the vehicle,
whether the owner is entitled to a certificate of title, the existence or
nonexistence of security interests in the vehicle, and the accuracy of the
odometer disclosure statement.
(2) If the application is not for the first certificate of title, it shall be
accompanied by the last certificate of title previously issued for the
vehicle, whether issued by this State or another state or country.
(3) If the application refers to a vehicle purchased from a dealer, it
shall contain the name and address of any lienholder holding a security
interest created or reserved at the time of the sale and the date of his
security agreement and be signed by the dealer as well as the owner, and
the dealer shall promptly mail or deliver the application to the
department. If the application refers to a new vehicle purchased from a
dealer, the application shall also be accompanied by the manufacturer's
certificate of origin.
(4) Any person who knowingly gives a false statement on the
application or knowingly gives a false statement concerning the odometer
reading on an odometer disclosure statement shall be guilty of a
misdemeanor and, upon conviction, shall be subject to a fine of up to one
thousand dollars or imprisonment of up to one year, or both, at the
discretion of the court. These penalties shall be in addition to the
penalties provided by the federal odometer law (Subchapter IV of
Chapter 46 of Title 15 of the United States CodeÄ15 U.S.C. Sections
1981-1991).
(5) In addition to the other information required in an application,
the application for title for a mobile or manufactured home must include
the address of the site on which the home is to be placed if different
from the owner's address."
Vehicle reported stolen; issuance of title
SECTION 234. Section 56-19-280 of the 1976 Code is amended to
read:
"Section 56-19-280. When the theft or conversion of a vehicle
is reported to the department pursuant to Sections 56-19-810 or
56-19-820, until the department learns of its recovery or that the report
of its theft or conversion was erroneous, it must not issue a certificate of
title for the vehicle. A title may be issued on a vehicle that is reported
stolen only in cases where the settlement to an insurance company is
involved."
Transfer, sale through auction sale; provisions deleted
SECTION 235. Section 56-19-310 of the 1976 Code is amended to
read:
"Section 56-19-310. The certificate of title issued to the first
owner of a new vehicle must be designated by the letter suffix `A' after
the title number. Titles issued to subsequent owners of such a vehicle
must be designated `B', `C', `D', and `E' in the order of ownership.
Titles issued to subsequent owners shall contain no letter
suffix."
Lienholder's authorized agent
SECTION 236. Section 56-19-340 of the 1976 Code is amended to
read:
"Section 56-19-340. The certificate of title must be mailed to
the first lienholder named in it or given to the lienholder's authorized
agent or, if none, to the owner."
Type, severity of damage; report
SECTION 237. Section 56-19-480 of the 1976 Code is amended to
read:
"Section 56-19-480. (A) An owner who scraps, dismantles,
destroys, or in any manner disposes to another as wreckage or salvage, a
motor vehicle otherwise required to be titled in this State immediately
shall mail or deliver to the department the vehicle's certificate of title
notifying the department to whom the vehicle is delivered together with a
report indicating the type and severity of any damage to the vehicle.
(B) If a vehicle is acquired by an insurance company in settlement of
a claim to the vehicle by fire, flood, collision, or other causes, or is left
with the claimant after being declared a total loss by the insurance
company, the company or its agent immediately shall deliver to the
department the certificate of title together with a report indicating the
type and severity of damage to the vehicle. At such time as the
insurance company may thereafter transfer the damaged vehicle, the
company or its agent shall notify the department to whom the transfer
was made on a form prescribed by the department.
(C) All insurance companies which make payments on liability,
collision, fire, theft, or comprehensive policies for damaged motor
vehicles in this State shall allow department officials to examine all
records of the company which pertain to payments made pursuant to the
policies during normal working hours.
(D) Vehicles acquired by insurance companies as outlined above are
exempt from ad valorem property taxes and inventory taxes, and the
transfers of the vehicles to and from insurance companies exempt from
sales taxes.
(E) If a salvage vehicle is rebuilt, a regular certificate of title may
not again be issued except upon submission of an application stating that
the vehicle has been rebuilt and containing the information ordinarily
required by the department for the issuance of a certificate of title as well
as any information the department may require about the identity of the
vehicle, the source and cost of any parts used in, and the extent of any
repairs or other work done to the vehicle. In addition, the department
may require the vehicle to undergo an inspection by the Highway Patrol
or someone authorized by the department to check the identity or the
safety of the vehicle, or both. Any regular certificate of title issued by
the department for a previously salvaged vehicle must be annotated to
show that the vehicle was `salvaged-rebuilt' and the reason why the
vehicle was salvaged.
(F) The manufacturer's serial plate or vehicle identification number
(VIN) plate must remain with the vehicle at all times until the vehicle is
shredded, crushed, melted, or otherwise destroyed.
(G) For purposes of this section, a `wrecked vehicle', a `salvage
vehicle', and a `vehicle declared to be a total loss' are all synonyms and
are defined to be any motor vehicle which is damaged to the extent that
the cost of repairing the motor vehicle, including both parts and
reasonable market charges for labor, equal or exceed seventy-five percent
of the fair market value of the motor vehicle. When an insurance
company is involved, the fair market value of the vehicle must be
determined as of the date immediately before the event which gave rise
to the claim. When an insurance company is not involved, then the fair
market value must be determined as of the last day on which the vehicle
was lawfully operated on a public highway or the last day on which it
was registered, whichever is later.
(H) A person violating any provision of this section is guilty of a
misdemeanor and, upon conviction, for a first offense, must be fined not
less than two nor more than five hundred dollars, or imprisoned for not
more than thirty days, or both. For a second or subsequent offense, the
fine must not be less than five hundred dollars and not more than one
thousand dollars or imprisonment for not more than one year, or
both."
Supplemental lien created by owner; etc.
SECTION 238. Section 56-19-650 of the 1976 Code is amended to
read:
"Section 56-19-650. If an owner creates a security interest in a
vehicle:
(1) The owner immediately shall execute the application, in the
space provided for on the certificate of title or on a separate form the
department prescribes, to name the lienholder on the certificate, showing
the name and address of the lienholder and the date of his security
agreement, and cause the certificate, application, and the required fee to
be delivered to the lienholder.
(2) The lienholder immediately shall cause the certificate,
application, and the required fee to be mailed or delivered to the
department.
(3) If the certificate of title is in the possession of a lienholder and
a supplemental lien is created by the owner, the subsequent lienholder
shall secure the title from the first lienholder and forward to the
department the required application and the title for perfecting the lien,
together with the required fee. The department when satisfied that the
application is in order shall issue a new certificate of title containing the
name and address of the new lienholder and mail the certificate to the
first lienholder named on it. The delivery of the certificate does not affect
the rights of the first lienholder under his security agreement."
Unnecessary definition deleted
SECTION 239. Section 56-23-10 of the 1976 Code, as last amended by
Section 1494 of Act 181 of 1993, is further amended to read:
"Section 56-23-10. No person may engage in the business of
training or educating persons to drive or operate motor vehicles or offer
training or education, for which a fee or charge is made, unless and until
the person has obtained and holds a valid driver training school license
issued by the department."
Authority to promulgate regulations deleted; etc.
SECTION 240. Section 56-25-10 of the 1976 Code, as last amended by
Section 1498 of Act 181 of 1993, is further amended to read:
"Section 56-25-10. The Nonresident Traffic Violator Compacts
of 1972 and 1977 (compacts) are enacted into law by reference and
entered into with all other jurisdictions legally joining therein. The
director of the department shall execute all documents and perform all
other acts necessary to carry out the provisions of the compacts. The
department shall maintain a current list of those jurisdictions which have
entered into the compacts. The list and copies of the compacts shall
from time to time be disseminated to those agencies and individuals who
are responsible for enforcement of their provisions."
Suspension permitted rather than required; etc.
SECTION 241. Section 56-25-20 of the 1976 Code is amended to
read:
"Section 56-25-20. When a South Carolina court or the driver
licensing authority of a compact jurisdiction notifies the department that a
resident of South Carolina or person possessing a valid South Carolina
driver's license has failed to comply with the terms of a traffic citation
issued in this or any compact jurisdiction, the department may suspend or
refuse to renew the person's driver's license if the notice from a South
Carolina court or the driver licensing authority of a compact jurisdiction
is received no more than twelve months from the date on which the
traffic citation was issued or adjudicated. The license must remain
suspended until satisfactory evidence has been furnished to the
department of compliance with the terms of the citation and any further
order of the court having jurisdiction in the matter and until a
reinstatement fee as provided in Section 56-1-390 is paid to the
department. A person whose license is suspended under this section is not
required to file proof of financial responsibility as required by the
Financial Responsibility Act (Chapter 9 of Title 56) as a condition for
reinstatement.
Upon notification by a South Carolina court that a nonresident
licensed in a compact jurisdiction has failed to comply with the terms of
a traffic citation, the department shall notify the licensing authority in the
compact jurisdiction for such action as appropriate under the terms of the
compacts."
Terms mean private passenger motor vehicle; exclusion
removed
SECTION 242. Section 56-28-10(4) and (5) of the 1976 Code are
amended to read:
"(4) `Motor vehicle' means a private passenger motor vehicle,
as classified by Section 56-3-630, but excluding the living portion of
recreational vehicles and off-road vehicles, which is sold and registered
in this State.
(5) A `new motor vehicle' means a private passenger motor vehicle
which has been sold to a new motor vehicle dealer by a manufacturer and
which has not been used for other than demonstration purposes and on
which the original title has not been issued from the new motor vehicle
dealer."
Administering agency changed
SECTION 243. Section 56-29-20(5) of the 1976 Code, as last amended
by Section 1500 of Act 181 of 1993, is further amended to read:
"(5) `Vehicle identification number' means a number, a letter,
a character, a datum, a derivative, or a combination thereof, used by the
manufacturer or the Motor Vehicle Division of the department for the
purpose of uniquely identifying a motor vehicle or motor vehicle
part."
Administering agency changed; etc.
SECTION 244. Section 56-29-50(E)(1), (I), and (M) of the 1976 Code,
as last amended by Section 1501 of Act 181 of 1993, are further
amended to read:
"(1) The circuit solicitor shall give notice of the forfeiture
proceeding by mailing a copy of the complaint in the forfeiture
proceeding to each person whose right, title, or interest is of record at the
department or any other department of the State, or any other state or
territory of the United States, or of the federal government if the property
is required to be registered in the department.
(I) No motor vehicle or motor vehicle part may be forfeited under this
section solely on the basis that it is unidentifiable. Instead of forfeiture,
any seized motor vehicle or motor vehicle part which is unidentifiable
must be the subject of a written report sent by the seizing agency to the
department which report must include a description of the motor vehicle
or motor vehicle part, its color, if any, the date, time, and place of its
seizure, the name of the person from whose possession or control it was
seized, the grounds for its seizure, and the location where it is held or
stored.
(M) When an applicant for a certificate of title or salvage certificate
presents to the department proof that the applicant purchased or acquired
a motor vehicle at the public sale conducted pursuant to this section and
that fact is attested to by the seizing agency, the division shall issue a
certificate of title, or salvage certificate for the motor vehicle upon
receipt of the statutory fee, properly executed application for a certificate
of title, or other certificate of ownership, and the certification of the
seizing agency that a state-assigned number was applied for and affixed
to the motor vehicle prior to the time that the motor vehicle was released
by the seizing agency to the purchaser."
Administering agency changed; etc.
SECTION 245. Section 56-31-50(C), (D) of the 1976 Code, as added
by Part II, Section 69A of Act 501 of 1992 and as last amended by
Section 1502 of Act 181 of 1993, are further amended to read:
"(C) On February fifteenth of each year all rental companies
engaged in the business of renting private passenger motor vehicles
which collect surcharges pursuant to this section shall file a report with
the department stating the total amount of South Carolina personal
property taxes on private passenger motor vehicles paid in the previous
calendar year, the total amount of private passenger motor vehicle rental
revenues earned on rentals in South Carolina for the previous calendar
year, and the amount by which the total amount of the surcharges for the
previous year exceeds the total amount of personal property taxes on
private passenger motor vehicles paid for the previous calendar year. All
surcharge revenues collected in excess of the total amount of personal
property taxes on private passenger motor vehicles must be remitted to
the State Treasurer's office for deposit in the state general fund.
(D) Any rental company which makes a false report to the
department with the intent to misrepresent the amount of personal
property taxes on private passenger motor vehicles paid or the amount of
surcharges collected is guilty of a misdemeanor and, upon conviction,
must be punished by a fine not exceeding one thousand dollars or by a
term of imprisonment not exceeding one year, or both. Each violation
constitutes a separate offense."
Provisions repealed; renumbering by Code Commissioner
SECTION 246. A. Chapter 31 of Title 12, Sections 12-4-400,
12-4-410, 12-37-2740, 20-7-947, 23-6-10(3), 23-6-200, 56-1-225(b),
56-1-520, 56-1-530, 56-1-550, 56-1-560, 56-1-830, 56-1-840, 56-1-1120,
56-1-3390, 56-3-20(21), 56-3-251, 56-3-420, 56-3-880, 56-3-1010(3),
56-3-1160, 56-3-1950(1), 56-3-2410, 56-3-2500, 56-3-2670, 56-3-2750,
56-5-370, 56-5-2960, 56-5-5015(L), 56-5-5610, 56-5-5680, 56-5-5830,
56-5-5860, 56-5-5930, 56-5-6180, 56-9-20(1), 56-9-20(2), 56-9-310,
56-10-210(3), 56-10-290, 56-10-300, 56-15-10(r), 56-15-360,
56-16-10(r), 56-16-190, 56-19-10(5), 56-19-30, 56-27-10(c), 38-73-456,
and 38-77-175 of the 1976 Code are repealed.
B. For each item repealed in subsection A., the Code Commissioner
shall renumber all existing items as may be necessary to conform the
remaining items in each existing section.
Time effective
SECTION 247. This act takes effect upon approval by the
Governor.
Approved the 5th day of June, 1996. |