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H*5014
Session 120 (2013-2014)


H*5014(Rat #0310, Act #0274 of 2014)  General Bill, By Willis, Owens and Daning
 AN ACT TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO DELETE THE VARIOUS
 ENDORSEMENTS AND RESTRICTIONS THAT MAY BE ATTACHED TO A COMMERCIAL DRIVER
 LICENSE, AND TO PROVIDE THAT ENDORSEMENTS AND RESTRICTIONS ARE ADDED TO A
 COMMERCIAL DRIVER LICENSE AS REQUIRED UNDER THE FEDERAL MOTOR CARRIER SAFETY
 REGULATIONS; TO AMEND SECTION 56-5-2770, RELATING TO SIGNALS AND MARKINGS ON
 SCHOOL BUSES, OVERTAKING AND PASSING A SCHOOL BUS, AND LOADING PASSENGERS ON A
 SCHOOL BUS, SO AS TO PROVIDE THAT A SCHOOL BUS MAY BE EQUIPPED WITH A DIGITAL
 RECORDING DEVICE MOUNTED ON THE SCHOOL BUS; BY ADDING SECTION 56-5-2773 SO AS
 TO PROVIDE THAT A UNIFORM TRAFFIC CITATION MAY BE ISSUED BASED UPON IMAGES
 OBTAINED FROM A DIGITAL RECORDING DEVICE MOUNTED ON A SCHOOL BUS, AND TO
 PROVIDE THAT THE DIGITAL IMAGES MAY BE USED AS EVIDENCE AT A HEARING REGARDING
 AN OFFENSE RELATED TO THE OPERATION OF A SCHOOL BUS; TO AMEND SECTION 56-7-35,
 AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM TRAFFIC TICKET FOR SPEEDING
 OR DISREGARDING A TRAFFIC CONTROL DEVICE, SO AS TO PROVIDE THAT THE PROVISIONS
 OF THIS SECTION DO NOT APPLY TO A UNIFORM TRAFFIC CITATION ALLEGING THE
 VIOLATION OF THE PROVISIONS THAT RELATES TO THE OPERATION OF A SCHOOL BUS; AND
 TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM
 TRAFFIC TICKET BY A LAW ENFORCEMENT OFFICER TO ARREST A PERSON FOR AN OFFENSE
 COMMITTED IN HIS PRESENCE OR FOR DOMESTIC VIOLENCE OFFENSES, SO AS TO PROVIDE
 THAT THE ISSUANCE OF A UNIFORM TRAFFIC TICKET ALLEGING THE VIOLATION OF A
 PROVISION THAT RELATES TO THE OPERATION OF A BUS IS NOT SUBJECT TO THE
 PROVISIONS CONTAINED IN THIS SECTION. - ratified title

   04/01/14  House  Introduced and read first timeNext (House Journal-page 11)
   04/01/14  House  Referred to Committee on Education and Public
                     Works (House Journal-page 11)
   04/09/14  House  Committee report: Favorable Education and Public
                     Works (House Journal-page 127)
   04/10/14         Scrivener's error corrected
   04/29/14  House  Read second PrevioustimeNext (House Journal-page 77)
   04/29/14  House  Roll call Yeas-105  Nays-0 (House Journal-page 77)
   04/30/14  House  Read third PrevioustimeNext and sent to Senate
                     (House Journal-page 40)
   04/30/14  Senate Introduced and read first PrevioustimeNext (Senate Journal-page 14)
   04/30/14  Senate Referred to Committee on Transportation
                     (Senate Journal-page 14)
   05/21/14  Senate Committee report: Favorable Transportation
                     (Senate Journal-page 21)
   05/22/14         Scrivener's error corrected
   05/27/14  Senate Amended (Senate Journal-page 22)
   05/27/14  Senate Read second PrevioustimeNext (Senate Journal-page 22)
   05/27/14  Senate Roll call Ayes-41  Nays-2 (Senate Journal-page 22)
   05/28/14         Scrivener's error corrected
   05/28/14  Senate Read third PrevioustimeNext and returned to House with
                     amendments (Senate Journal-page 37)
   05/29/14  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 15)
   05/29/14  House  Roll call Yeas-70  Nays-20 (House Journal-page 15)
   06/05/14         Ratified R 310
   06/09/14         Signed By Governor
   06/13/14         Effective date 06/09/14
   06/26/14         Act No. 274





H. 5014

(A274, R310, H5014)

AN ACT TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO DELETE THE VARIOUS ENDORSEMENTS AND RESTRICTIONS THAT MAY BE ATTACHED TO A COMMERCIAL DRIVER LICENSE, AND TO PROVIDE THAT ENDORSEMENTS AND RESTRICTIONS ARE ADDED TO A COMMERCIAL DRIVER LICENSE AS REQUIRED UNDER THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; TO AMEND SECTION 56-5-2770, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, OVERTAKING AND PASSING A SCHOOL BUS, AND LOADING PASSENGERS ON A SCHOOL BUS, SO AS TO PROVIDE THAT A SCHOOL BUS MAY BE EQUIPPED WITH A DIGITAL RECORDING DEVICE MOUNTED ON THE SCHOOL BUS; BY ADDING SECTION 56-5-2773 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC CITATION MAY BE ISSUED BASED UPON IMAGES OBTAINED FROM A DIGITAL RECORDING DEVICE MOUNTED ON A SCHOOL BUS, AND TO PROVIDE THAT THE DIGITAL IMAGES MAY BE USED AS EVIDENCE AT A HEARING REGARDING AN OFFENSE RELATED TO THE OPERATION OF A SCHOOL BUS; TO AMEND SECTION 56-7-35, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM TRAFFIC TICKET FOR SPEEDING OR DISREGARDING A TRAFFIC CONTROL DEVICE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A UNIFORM TRAFFIC CITATION ALLEGING THE VIOLATION OF THE PROVISIONS THAT RELATES TO THE OPERATION OF A SCHOOL BUS; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM TRAFFIC TICKET BY A LAW ENFORCEMENT OFFICER TO ARREST A PERSON FOR AN OFFENSE COMMITTED IN HIS PRESENCE OR FOR DOMESTIC VIOLENCE OFFENSES, SO AS TO PROVIDE THAT THE ISSUANCE OF A UNIFORM TRAFFIC TICKET ALLEGING THE VIOLATION OF A PROVISION THAT RELATES TO THE OPERATION OF A BUS IS NOT SUBJECT TO THE PROVISIONS CONTAINED IN THIS SECTION.

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

Commercial driver license

SECTION    1.    Section 56-1-2100(B) of the 1976 Code, as last amended by Act 216 of 2010, is further amended to read:

"(B)    The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions:

(1)    Classifications:

(a)    Class A: A combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds.

(b)    Class B: A single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle not in excess of ten thousand pounds gross vehicle weight rating.

(c)    Class C: A single vehicle, or combination of vehicles, that are not Class A or B vehicles but either designed to transport sixteen or more passengers including the driver, or are required to be placarded for hazardous materials under 49 C.F.R. Part 172, subpart F.

(2)    Endorsements are added to commercial driver licenses as required under Part 383.153 of the Federal Motor Carrier Safety Regulations.

(3)    Restrictions are added to commercial driver licenses as required under Part 383.153 of the Federal Motor Carrier Safety Regulations."

School bus

SECTION    2.    Section 56-5-2770(D) of the 1976 Code is amended to read:

"(D)(1)    A school bus must be equipped with red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which must be actuated by the driver whenever the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver must not actuate the special visual signals when the bus is in designated school bus loading or off-loading areas if the bus is off the roadway entirely.

(2)    A school bus may be equipped with a digital video recording device mounted on the school bus with a clear view of vehicles passing the bus on either side and showing the date and PrevioustimeNext the recording was made and an electronic symbol showing the activation of amber lights, flashing red lights, stop arms, and brakes. Digital video recording devices mounted on school buses must be procured in compliance with Chapter 11, Title 35 or a procurement code adopted by the political subdivision procuring the digital video recording device in compliance with Section 11-35-50."

School bus

SECTION    3.    Article 21, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2773.    (A)    A uniform traffic citation alleging the violation of Section 56-5-2770 may be issued based in whole or in part upon images obtained from a digital video recording device mounted on a school bus. A copy of the citation must be given directly to the alleged offender by the law enforcement officer issuing the citation.

(B)    Digital images obtained from a digital video recording device mounted on a school bus pursuant to Section 56-5-2770(D) may be used as evidence at any hearing related to a violation of Section 56-5-2770 to corroborate testimony by the school bus driver or any other person who witnessed the offense."

Uniform traffic ticket

SECTION    4.    Section 56-7-35(C) of the 1976 Code, as added by Act 65 of 2011, is further amended to read:

"(C)    The provisions of this section do not apply to:

(1)    toll collection; or

(2)    issuance of a uniform traffic citation alleging the violation of Section 56-5-2770."

Uniform traffic ticket

SECTION    5.    Section 56-7-15 of the 1976 Code, as last amended by Act 78 of 2013, is further amended by adding at the end:

"(C)    The issuance of a uniform traffic ticket alleging the violation of Section 56-5-2770 is not subject to the provisions of this section."

PreviousTime effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2014.

Approved the 9th day of June, 2014.

__________




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