H*4894(Rat #0389, Act #0301 of 2002)  General Bill, By Townsend
 A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO
 AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE PROVIDED CERTAIN
 ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN
 TWENTY-SIX THOUSAND POUNDS; BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT
 THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A
 REGISTRATION CARD AND LICENSE PLATE FOR CERTAIN COMMERCIAL MOTOR VEHICLES IF
 THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS
 BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE
 REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO
 PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED
 LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE
 FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A
 REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT
 FEE; TO AMEND ARTICLE 5, CHAPTER 3, TITLE 56, RELATING TO VEHICLE REGISTRATION
 AND LICENSE FEES, BY ADDING SECTIONS 56-3-661, 56-3-662, AND 56-3-663 SO AS TO
 PROVIDE THAT NO FOR-HIRE MOTOR VEHICLE CARRIER OF PROPERTY, EXCEPT CARRIERS OF
 HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL, MAY OPERATE WITHOUT A CLASS E
 CERTIFICATE OF COMPLIANCE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY, WHOSE FEE
 IS TWENTY-FIVE DOLLARS, WHICH MAY NOT BE ISSUED OR MAY BE SUSPENDED, REVOKED,
 OR PLACED ON PROBATIONARY STATUS UNLESS THE APPLICANT PROVIDES CERTAIN
 EVIDENCE TO THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO
 PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION, TO PROVIDE THAT THE HOLDER
 OF A CLASS E CERTIFICATE MAY NOT BE SUBJECT TO CERTAIN STATE OR LOCAL LICENSE
 FEES, LICENSE TAXES, OR MOTOR OIL FEES, TO PROVIDE THAT THE DEPARTMENT SHALL
 CHARGE A FEE FOR EACH IDENTIFIER THAT MUST BE USED BY THE DEPARTMENT FOR
 CERTAIN ADMINISTRATION, ENFORCEMENT, CONSTRUCTION, AND RENOVATION PURPOSES, TO
 PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ENTER INTO RECIPROCAL AGREEMENTS
 WITH REGULATORY AGE

   03/12/02  House  Introduced and read first time HJ-117
   03/12/02  House  Referred to Committee on Education and Public
                     Works HJ-117
   04/23/02  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-3
   04/24/02  House  Amended HJ-51
   04/24/02  House  Read second time HJ-52
   04/25/02  House  Read third time and sent to Senate HJ-13
   04/30/02  Senate Introduced and read first time SJ-9
   04/30/02  Senate Referred to Committee on Transportation SJ-9
   05/02/02  Senate Committee report: Favorable with amendment
                     Transportation
   05/08/02  Senate Read second time SJ-23
   05/08/02  Senate Ordered to third reading with notice of
                     amendments SJ-23
   05/09/02  Senate Amended SJ-40
   05/16/02  Senate Amended SJ-37
   05/16/02  Senate Read third time and returned to House with
                     amendments SJ-37
   05/22/02  House  Concurred in Senate amendment and enrolled HJ-77
   05/28/02         Ratified R 389
   06/03/02         Signed By Governor
   06/17/02         Act No. 301
   07/03/02         Effective date 06/03/02
   07/03/02         Copies available

AN ACT TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR CERTAIN COMMERCIAL MOTOR VEHICLES IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE; TO AMEND ARTICLE 5, CHAPTER 3, TITLE 56, RELATING TO VEHICLE REGISTRATION AND LICENSE FEES, BY ADDING SECTIONS 56-3-661, 56-3-662, AND 56-3-663 SO AS TO PROVIDE THAT NO FOR-HIRE MOTOR VEHICLE CARRIER OF PROPERTY, EXCEPT CARRIERS OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL, MAY OPERATE WITHOUT A CLASS E CERTIFICATE OF COMPLIANCE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY, WHOSE FEE IS TWENTY-FIVE DOLLARS, WHICH MAY NOT BE ISSUED OR MAY BE SUSPENDED, REVOKED, OR PLACED ON PROBATIONARY STATUS UNLESS THE APPLICANT PROVIDES CERTAIN EVIDENCE TO THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION, TO PROVIDE THAT THE HOLDER OF A CLASS E CERTIFICATE MAY NOT BE SUBJECT TO CERTAIN STATE OR LOCAL LICENSE FEES, LICENSE TAXES, OR MOTOR OIL FEES, TO PROVIDE THAT THE DEPARTMENT SHALL CHARGE A FEE FOR EACH IDENTIFIER THAT MUST BE USED BY THE DEPARTMENT FOR CERTAIN ADMINISTRATION, ENFORCEMENT, CONSTRUCTION, AND RENOVATION PURPOSES, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION AND AUTHORITY OVER MOTOR CARRIERS TO PROVIDE FOR BASE-STATE AGREEMENTS IN WHICH THE REGISTRATION OF INTERSTATE CARRIERS OPERATING IN PARTICIPATING STATES MAY BE ACCOMPLISHED BY REGISTRATION IN ONE BASE STATE; AND TO REPEAL SECTIONS 58-23-350, 58-23-640, AND 58-23-650, RELATING TO THE REQUIREMENT THAT CERTAIN FOR-HIRE MOTOR VEHICLE CARRIERS MAY NOT OPERATE WITHOUT A CLASS E CERTIFICATE OF COMPLIANCE FROM THE DEPARTMENT OF REVENUE, THE DEPARTMENT OF REVENUE'S IDENTIFIER FEE, AND THE DEPARTMENT OF REVENUE'S AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION AND AUTHORITY OVER MOTOR CARRIERS TO PROVIDE FOR BASE-STATE AGREEMENTS IN WHICH THE REGISTRATION OF INTERSTATE CARRIERS OPERATING IN PARTICIPATING STATES MAY BE ACCOMPLISHED BY REGISTRATION IN ONE BASE STATE.

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

Motor vehicle registration

SECTION 1. Section 56-3-240(5) of the 1976 Code, as added by Act 399 of 2000, is amended to read:

"(5) In addition to other registration requirements the department shall collect a federal employer identification number or social security number when a vehicle is registered with a gross vehicle weight of more than twenty-six thousand pounds or as a bus common carrier.

Additionally, for a commercial motor vehicle with a gross weight of more than twenty-six thousand pounds that operates with an apportioned license plate, the department must be provided:

(a) the United States Department of Transportation Number of the registrant and motor carrier; and

(b) a completed MCS-150 form from the registrant."

Commercial motor vehicle registration

SECTION 2. The 1976 Code is amended by adding:

"Section 56-3-355. The department must suspend, revoke, or not issue a registration card and license plate to a person for a commercial motor vehicle greater than twenty-six thousand pounds which operates with an apportioned license plate if the commercial motor carrier who is responsible for the safety of the vehicle has been prohibited from operating by a federal agency. The registrant must promptly surrender to the department any item suspended or revoked under this section. If the registrant unlawfully refuses to surrender the suspended or revoked items as required under this section, the department, through its designated agents or by request to a county or municipal law enforcement agency, shall take possession of the suspended or revoked license plate and registration card. A registration card or license plate may not be reissued for that vehicle until the motor carrier has been allowed to operate by a federal agency or the vehicle is properly transferred to a motor carrier that is not prohibited from operating by a federal agency. Before a suspended vehicle registration card can be reinstated, a fee of fifty dollars for each registration card suspension must be paid to the department. The fifty dollar fee must be placed in a special restricted account by the Comptroller General to be used by the department to offset the expenses of administering the Performance and Registration Information Systems Management Program."

Commercial motor vehicle registration

SECTION 3. Article 5, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-661. No for-hire motor vehicle carrier of property, except carriers of household goods or hazardous waste for disposal, may operate in this State without having applied for and received a Class E Certificate of Compliance from the Department of Public Safety. A one-time fee of twenty-five dollars may be charged each company for each certificate issued.

The applicant must provide evidence of meeting the financial responsibilities or insurance requirements, satisfy compliance requirements of the United States Department of Transportation motor carrier safety and hazardous materials regulations before issuance, and continually satisfy these requirements or certification may be suspended, revoked, or placed in a probationary status.

The Department of Public Safety is authorized to promulgate regulations to implement these responsibilities.

The holder of a Class E Certificate may be eligible for exceptions provided by Sections 58-23-620 and 44-96-160(W)(1).

Section 56-3-662. The Department of Public Safety shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Public Safety may promulgate regulations pursuant to this section. The five-dollar fee collected pursuant to this section must be placed in a special restricted account by the Comptroller General to be used by the department for the administration and enforcement of the provisions contained in Articles 3 and 5 of Chapter 23, Title 58, and for the building or renovation of weigh stations. All unexpended funds from prior years collected under this section may be retained and carried forward by the department and used for these purposes.

Section 56-3-663. The Department of Public Safety is authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one base state. Carriers registering in this State under these agreements are subject to the jurisdiction and authority of the Department of Public Safety for enforcement purposes. When the carrier's base state is South Carolina, the Department of Public Safety may require further filings of certificates of insurance, surety bonds, and other documents to show the carrier's qualifications to operate. Participating carriers shall register their authority directly with the Department of Public Safety and not with other state or local agencies."

Repeal

SECTION 4. Sections 58-23-350, 58-23-640, and 58-23-650 of the 1976 Code are repealed.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 28th day of May, 2002.

Approved the 3rd day of June, 2002.