S 1219 General Bill, By Thomas
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 24
 to Chapter 5, Title 56 so as to provide for the requirement of a motor vehicle
 ignition interlock device upon a second offense conviction of driving under
 the influence of alcohol or drugs by setting forth definitions, requirements,
 and penalties; to amend Sections 56-1-30, 56-1-40, 56-1-50, and 56-1-180,
 relating to the issuance of drivers' licenses, beginners' permits, and special
 restricted licenses, so as to increase the age requirements one year; to amend
 Section 56-5-6240, relating to the forfeiture, confiscation, and sale of motor
 vehicles of persons convicted of certain offenses, so as to provide for the
 Section to apply to persons convicted of a second or subsequent instead of a
 fourth or subsequent violation within the last ten years of driving under the
 influence of intoxicating liquor or drugs; and to amend Section 59-39-310,
 relating to driver education and training programs established by school
 districts, so as to require the districts to include in the programs persons
 at least sixteen years of age including persons in public and nonpublic
 schools and persons not enrolled in schools and require persons under eighteen
 years of age to complete the program before receiving a driver's license.

   01/23/92  Senate Introduced and read first time SJ-4
   01/23/92  Senate Referred to Committee on Transportation SJ-5

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 24 TO CHAPTER 5, TITLE 56 SO AS TO PROVIDE FOR THE REQUIREMENT OF A MOTOR VEHICLE IGNITION INTERLOCK DEVICE UPON A SECOND OFFENSE CONVICTION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS BY SETTING FORTH DEFINITIONS, REQUIREMENTS, AND PENALTIES; TO AMEND SECTIONS 56-1-30, 56-1-40, 56-1-50, AND 56-1-180, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS, AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE REQUIREMENTS ONE YEAR; TO AMEND SECTION 56-5-6240, RELATING TO THE FORFEITURE, CONFISCATION, AND SALE OF MOTOR VEHICLES OF PERSONS CONVICTED OF CERTAIN OFFENSES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS CONVICTED OF A SECOND OR SUBSEQUENT INSTEAD OF A FOURTH OR SUBSEQUENT VIOLATION WITHIN THE LAST TEN YEARS OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; AND TO AMEND SECTION 59-39-310, RELATING TO DRIVER EDUCATION AND TRAINING PROGRAMS ESTABLISHED BY SCHOOL DISTRICTS, SO AS TO REQUIRE THE DISTRICTS TO INCLUDE IN THE PROGRAMS PERSONS AT LEAST SIXTEEN YEARS OF AGE INCLUDING PERSONS IN PUBLIC AND NONPUBLIC SCHOOLS AND PERSONS NOT ENROLLED IN SCHOOLS AND REQUIRE PERSONS UNDER EIGHTEEN YEARS OF AGE TO COMPLETE THE PROGRAM BEFORE RECEIVING A DRIVER'S LICENSE.

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

SECTION 1. The 1976 Code is amended by adding:

Section 56-5-3010. As used in this article, an ignition interlock device means a device which prevents the ignition of a motor vehicle engine if the operator's blood-alcohol content is measurable by the operator blowing his breath into the device.

Section 56-5-3020. (A) When a person is convicted in this State of a second offense violation of Section 56-5-2930, in addition to all other penalties, the court shall order at the time of sentence that before his driver's license is reissued he shall install at his own expense an ignition interlock device, approved by the South Carolina Department of Highways and Public Transportation, on each motor vehicle registered or leased in his or a member of his family's name or on a motor vehicle which he operates. However, if a person is required to operate a motor vehicle in the course and scope of his employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the person's driving privilege has been restricted under this section and if the person has proof of that notification in his possession or the notice or a facsimile copy is with the vehicle.

(B) A motor vehicle owned by a business entity, which business entity is all or partly owned or controlled by a person otherwise subject to this article, is not a motor vehicle owned by the employer subject to the exemption in this section.

Section 56-5-3030. A person ordered by the court to install a device shall have the vehicle on which it is installed inspected once a month by a highway patrolman who shall mail a report on a form furnished by the Department of Highways and Public Transportation to the court which sentenced the person stating whether or not the device is installed and operable.

Section 56-5-3040. (A) It is unlawful for a person whose driving privilege is restricted pursuant to this article to request or solicit a person to blow into an ignition interlock device or to start a motor vehicle equipped with the device to provide the person so restricted with an operable motor vehicle.

(B) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device to provide an operable motor vehicle to a person whose driving privilege is restricted pursuant to this article.

Section 56-5-3050. (A) In addition to other penalties, upon conviction of a violation of this article, the Department of Highways and Public Transportation shall revoke the person's driving privilege for one year from the date of conviction.

(B) In addition to other penalties, if a person is convicted of a violation of this article and if that person was convicted of a separate violation of this article during the same period of required use of an approved ignition interlock device, the department shall revoke the person's driving privilege for five years from the date of conviction."

SECTION 2. Section 56-1-30 of the 1976 Code is amended to read:

"Section 56-1-30. The following persons are exempt from licenses under this article:

(1) Any An employee of the United States Government while operating may operate a motor vehicle owned by or leased to the United States Government and being operated on official business, unless the employee is required by the United States Government or the federal agency by which he is employed to have a state driver's license;.

(2) A nonresident who is at least sixteen seventeen years of age and who has in his immediate possession a valid operator's or chauffeur's license issued to him in his home state or country may operate a motor vehicle. However, but a person may not claim a nonresidence exemption under this provision who does not maintain a permanent residence address in the state or country of which he holds a valid and current operator's or chauffeur's license at which he regularly receives his mail and which address is on file with the motor vehicle authorities of that state or country; also,. A person may not claim a nonresidence exemption under this provision who for all other intents and purposes has or may remove his residence into this State;.

(3) Any A nonresident who is at least eighteen years of age and whose home state or country does not require the licensing of operators may operate a motor vehicle for a period of not more than ninety days in any a calendar year, if the motor vehicle is duly registered in the home state or country of the nonresident and. A nonresident on active duty in the Armed Services of the United States who has a valid license issued by his home state and the nonresident's spouse or dependent who has a valid license issued by his home state; may operate a vehicle.

(4) Any A person operating or driving implements of husbandry farming equipment temporarily drawn, propelled, or moved upon a highway.

(5) Any A person on active duty in the Armed Services of the United States who has in his immediate possession a valid driver's license issued in a foreign country or by the Armed Services of the United States may operate a motor vehicle in this State for a period of not more than ninety days from the date of his return to the United States; and.

(6) A citizen of France who is at least eighteen years of age, who is employed in South Carolina, and who has a valid driver's license issued by that nation may drive in this State for four years."

SECTION 3. Section 56-1-40 of the 1976 Code is amended to read:

"Section 56-1-40. The department shall may not issue any a motor vehicle driver's license under this article to:

(1) Any a person who is under sixteen seventeen years of age, except that the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to any a person who is at least fifteen sixteen years of age and except that the department may issue a special restricted driver's license to any a person who is at least fifteen years old sixteen years of age and less than sixteen seventeen years as provided in Section 56-1-180;

(2) Any a person whose license has been suspended during such suspension or any person whose license has been is revoked or suspended or is subject to being revoked or suspended, except as otherwise provided for in this article;

(3) Any a person who is an habitual drunkard, an habitual user of narcotic drugs, or an habitual user of any other another drug to a degree which renders him incapable of safely driving a motor vehicle;

(4) Any a person who has previously has been adjudged to be afflicted with or suffering from any a mental disability or mental disease and who has not at the time of application been restored to competency by methods provided by law;

(5) Any a person who is required by this article to take an examination, unless such the person shall have successfully has passed such the examination;

(6) Any a person who is required under the laws of this State to deposit furnish proof of financial responsibility and who has not deposited such furnished the proof; or

(7) Any other another person who may must not be issued a license as otherwise provided by the laws of this State."

SECTION 4. Section 56-1-50 of the 1976 Code is amended to read:

"Section 56-1-50. (A) Any A person who is at least fifteen sixteen years of age may apply to the department for a beginner's permit. The department may, after the applicant has passed successfully passed all parts of the examination other than the driving test, may issue to the applicant a beginner's permit which shall entitle entitles the applicant having such the permit in his immediate possession to drive a motor vehicle upon the public highways for a period of not more than six months. While so driving such the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event if the permittee is operating a motorcycle. Any A beginner's permit may be renewed or a new permit issued for additional periods of six months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass such the road test. The fee for every beginner's or renewal permit shall be is two dollars and shall. The permit must bear thereon the full name, date of birth, residence address, and a brief description and color photograph of the permittee and either a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit shall be is valid until it has been so signed by the permittee.

(B) Any The following are not required to obtain a beginner's permit to operate a motor vehicle:

(1) a student regularly enrolled in a high school of this State which conducts a driver training course shall not be required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.;

(2) Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, However, that such these persons shall at all times must be accompanied by an instructor of the school and drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."

SECTION 5. Section 56-1-180 of the 1976 Code is amended to read:

"Section 56-1-180. The department may issue a special restricted driver's license to any a person who is at least fifteen years old sixteen and less than sixteen seventeen years old of age, who has first has acquired a beginner's permit or an instruction permit and who has successfully has passed such the road tests or otherwise as the department may in its discretion prescribe, which. This special restricted driver's license shall be is valid and lawful only under the following conditions in the operation of:

(1) In the operation of all type types of vehicles, except that between the hours of six o'clock P.M. and six o'clock A.M., the holder of such a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian; provided, that commencing. However, beginning on the day daylight saving time goes into effect through August thirty-first the holder of such a this license does not need not to be so accompanied prior to before eight o'clock P.M.;

(2) In the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and

(3) In the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less."

SECTION 6. Section 56-5-6240 of the 1976 Code is amended to read:

"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a fourth or subsequent violation within the last ten years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth second or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must shall have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and. The motor vehicle must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer who shall deliver it immediately to the head of his law enforcement agency or his authorized agent who shall notify the clerk of court within forty-eight hours of the confiscation. However, the clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule to Show Cause, and the vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that either:

(1) The use of the vehicle was not either expressly or impliedly authorized, or.

(2) The owner of record did not know that the driver had no valid license.

Forfeiture of a vehicle is subordinate in priority to all valid liens.

The law enforcement agency confiscating the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.

(B) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the attorney representing the governmental entity of which that law enforcement agency is a part shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim;. However, the failure to appear does not in any way alter or affect the claim of a lienholder of record. The court, after hearing, shall order that the vehicle be forfeited to the State or to the political subdivision of the State of which the law enforcement agency is a part and sold in the manner provided herein, in this section or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that either:

(1) The use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or.

(2) The owner of record did not know that the driver had no valid driver's license.

Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.

Notice of the above proceedings in this subsection must be accomplished by personal service of the owner of record, lienholder of record, if any, and any other person persons claiming an interest in the vehicle of a certified copy of the petition or notice of hearing, and by publication of notice in a newspaper of general circulation in the county where the vehicle was seized for at least two successive weeks before the hearing.

Property constituted forfeited property by this section must be sold as provided in subsection (C). (C) The law enforcement agency making the arrest or its authorized agent shall sell the confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it was confiscated or at another suitable location in that county after having given ten days' public notice of the sale by posting advertisement on the door or bulletin board of the county courthouse or other location of the public auction, and by publishing an advertisement of the auction at least once in a newspaper of general circulation in the county at least ten days before the auction. Upon the sale, the agency or its agent shall pay over the net proceeds, after payment of the liens and encumbrances on the vehicle, and after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale including any proper expense expenses incurred for the storage of the confiscated vehicle, to the State or the political subdivision of this State of which the law enforcement agency is a part, for use in law enforcement."

SECTION 7. Section 59-39-310 of the 1976 Code is amended to read:

"Section 59-39-310. (A) The governing board of any a school district maintaining a secondary school which includes any grades nine through twelve, inclusive, shall establish driver education and training programs for students in high school grades persons at least sixteen years of age. This program must be open to persons in public and nonpublic schools and persons not enrolled in schools. The program must be established in accordance with guidelines developed by the State Department of Education and must include at least six hours of instruction on the offense of alcohol or drug impaired driving.

(B) Persons under eighteen years of age shall complete the program before receiving a driver's license and provide certification of completion to licensing officials of the Department of Highways and Public Transportation.

(C) The governing board of a school district may charge a uniform fee within the district to participants in the program."

SECTION 8. This act takes effect upon approval by the Governor.