S 0356 General Bill, By Hutto
 A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION
 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION
 ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND
 IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND
 CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR
 IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

   02/12/03  Senate Introduced and read first time
   02/12/03  Senate Referred to Committee on Transportation
   04/29/03  Senate Committee report: Favorable with amendment
                     Transportation SJ-43
   04/29/03  Senate Read second time SJ-43
   04/29/03  Senate Ordered to third reading with notice of
                     amendments SJ-43
   04/30/03  Senate Read third time and sent to House SJ-28
   04/30/03         Scrivener's error corrected
   04/30/03  House  Introduced and read first time HJ-102
   04/30/03  House  Referred to Committee on Education and Public
                     Works HJ-103
   05/21/03  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-2
   05/27/03  House  Requests for debate-Rep(s). Scarborough, Altman,
                     Young, Thompson, Loftis and Skelton HJ-14
   05/27/03  House  Debate interrupted HJ-377
   05/28/03  House  Requests for debate removed-Rep(s). Scarborough,
                     Young, Loftis, Altman and Skelton HJ-43
   05/28/03  House  Retaining place on calendar recommitted to
                     Committee on Education and Public Works HJ-43
   05/29/03  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-63
   05/29/03  House  Requests for debate-Rep(s). Scarborough, Altman,
                     Young, Perry, Walker, Townsend, JE Smith,
                     Lourie, Hosey, Owens, Rice, Moody-Lawrence,
                     Simrill, Richardson, Kirsh, Skelton, Thompson,
                     Clark, Cotty, Gilham, Chellis, Umphlett and
                     Hinson HJ-64
   06/02/03         Scrivener's error corrected
   06/04/03  House  Amended HJ-92
   06/04/03  House  Read second time HJ-96
   06/04/03  House  Roll call Yeas-63  Nays-43 HJ-96
   06/05/03  House  Read third time and returned to Senate with
                     amendments HJ-15
   04/28/04         Continued SJ-4

Indicates Matter Stricken

Indicates New Matter

AMENDED

June 4, 2003

S. 356

S. Printed 6/4/03--H.

Read the first time April 30, 2003.

TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

Amend Title To Conform

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

SECTION    1.    Section 56-5-6540 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:

"Section 56-5-6540.    (A)    A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No Court costs, assessments, or surcharges may not be assessed against the person convicted. No A person may not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B)    A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:

(1)    when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2)    when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C)    A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D)    A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

In addition, a conviction for violation of this article must not be reported to the offender's motor vehicle insurer.

(E)(B)    A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F)(C)    No A vehicle, driver, or occupant in a vehicle may not be searched solely because of a violation of this article, nor may consent to search be requested or a stop made under subsection (B)(1).

(D)    A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter."

SECTION    2.    This act takes effect six months after the date of approval by the Governor.