H 4929 General Bill, By Harrison

Similar(S 1366)
 A Bill to amend Section 58-23-80, Code of Laws of South Carolina, 1976,
 relating to penalties for violating certain motor vehicle carrier laws, so as
 to provide that corporate officers, agents, or employees or other persons
 operating as a passenger carrier who violate or who aid and abet in the
 violation of certification and registration requirements are guilty of a
 misdemeanor and are subject to specified penalties for violation, and to
 provide that corporate officers, agents, or employees or other persons
 operating as a carrier of household goods or as a carrier of hazardous waste
 for disposal who violate or who aid and abet in the violation of certification
 and registration requirements are guilty of a misdemeanor and are subject to
 other specified penalties for violation; and to repeal Section 15-9-340 of the
 1976 Code relating to service of process on motor vehicle carriers.

   04/11/96  House  Introduced and read first time HJ-31
   04/11/96  House  Referred to Committee on Judiciary HJ-31

A BILL

TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

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

SECTION 1. Section 58-23-80 of the 1976 Code is amended to read:

"Section 58-23-80. Every officer, agent, or employee of any corporation and every other person who wilfully violates or fails to comply with, or who procures, aids, or abets in the violation of, any provision of Articles 1 through 12 of this chapter or who fails to obey, observe, or comply with any lawful order, decision, regulation, direction, demand, or requirement of the commission or any part or provision thereof is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days. Any officer, agent, or employee of a corporation or any other person operating as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both. Any officer, agent, or employee of a corporation or any other person operating as a carrier of household goods or as a carrier of hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements contained in Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E). No violation may be charged more than once for any single given load."

SECTION 2. Section 15-9-340 of the 1976 Code is repealed.

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