H 3411 General Bill, By Huggins and Cotty

Similar(H 4360)
 A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO A BASIC SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE
 THAT A PERSON UNDER THE AGE OF EIGHTEEN HOLDING A BASIC DRIVER'S LICENSE MAY
 NOT OPERATE A MOTOR VEHICLE BETWEEN MIDNIGHT AND SIX O'CLOCK A.M. WITHOUT HIS
 PARENT OR GUARDIAN ACCOMPANYING HIM IN THE VEHICLE UNLESS REQUIRED TO DO SO
 FOR CERTAIN SPECIFIC REASONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

   01/31/07  House  Introduced and read first time HJ-37
   01/31/07  House  Referred to Committee on Education and Public
                     Works HJ-37
   02/07/07  House  Member(s) request name added as sponsor: Cotty

TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BASIC SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN HOLDING A BASIC DRIVER'S LICENSE MAY NOT OPERATE A MOTOR VEHICLE BETWEEN MIDNIGHT AND SIX O'CLOCK A.M. WITHOUT HIS PARENT OR GUARDIAN ACCOMPANYING HIM IN THE VEHICLE UNLESS REQUIRED TO DO SO FOR CERTAIN SPECIFIC REASONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

SECTION    1.    Section 56-1-140 of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:

"Section 56-1-140.    (A)    Upon the payment of a fee of twelve dollars and fifty cents for a license that is valid for five years, or twenty-five dollars for a license that is valid for ten years, the Department of Motor Vehicles shall issue to every qualified applicant a driver's license as applied for by law. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address, and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license.

(B)    The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:

Fees and Penalties        General Fund         Department of

Collected After            of the State             Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005                60 percent            40 percent

June 30, 2006                20 percent            80 percent

June 30, 2007                0 percent            100 percent.

(C)    In addition to all other requirements or limitations provided by law, a person under the age of eighteen holding a basic driver's license issued under this section may not operate a motor vehicle between midnight and six o'clock a.m. without his licensed parent or guardian accompanying him in the vehicle unless required to do so for work, school, church, family, or emergency reasons. A person under eighteen who is not an emancipated minor and who is operating a motor vehicle between midnight and six o'clock a.m. must have in his possession a written certificate from his parent or legal guardian certifying the reason for the motor vehicle operation on that particular occasion. The determination of whether or not the operation of a motor vehicle by the person under eighteen is for a work, school, church, family, or emergency reason rests solely with his parent or legal guardian.

Any person under the age of eighteen violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars or imprisoned for a term not exceeding thirty days. In addition, for a second offense, the person shall have his South Carolina driver's license suspended for a period of ten days, for a third offense shall have his South Carolina driver's license suspended for thirty days, and for a fourth or subsequent offense shall have his South Carolina driver's licenses suspended for sixty days."

SECTION    2.    This act takes effect upon approval by the Governor.