Bill 2130

                    Current Status

Bill Number:               2130
Ratification Number:       107
Act Number                 72
Introducing Body:          House
Subject:                   Department of Highways and Public
                           Transportation to enter into the driver
                           license compact

(A72, R107, H2130)

AN ACT TO AMEND CHAPTER 1 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ENTER INTO THE DRIVER LICENSE COMPACT.

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

Driver License Compact

SECTION 1. Chapter 1 of Title 56 of the 1976 Code is amended by adding:

"Article 2

Driver License Compact

Section 56-1-610. This article is known and may be cited as the Driver License Compact.

Section 56-1-620. (A) The General Assembly and the states that are party to the compact find that:

(1) the safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles;

(2) the violation of a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property;

(3) the continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles in whichever jurisdiction the vehicle is operated.

(B) It is the policy of the General Assembly and of each of the party states to:

(1) promote compliance with the laws, ordinances, and administrative regulations relating to the operation of motor vehicles by their operators in each of the jurisdiction where the operators drive motor vehicles;

(2) make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized to operate a motor vehicle in any of the party states.

Section 56-1-630. As used in this article:

(1) 'Party state' means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(2) 'Home state' means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

(3) 'Conviction' means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses, and which conviction or forfeiture is required to be reported to the licensing authority.

Section 56-1-640. The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of

the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings.

Section 56-1-650. (A) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported pursuant to Article 2, Chapter 1, Title 56, as it would if the conduct had occurred in the home state, in the case of convictions for:

(1) manslaughter or homicide resulting from the operation of a motor vehicle as provided by Sections 56-1-280 and 56-5-2910;

(2) driving a motor vehicle while under the influence of alcoholic beverages or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, as provided by Section 56-5-2930;

(3) any felony in the commission of which a motor vehicle is used, as provided by Section 56-1-280;

(4) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another, as provided by Section 56-5-1210.

(B) As to other convictions, reported pursuant to Article 2, Chapter 1, Title 56, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

(C) If the laws of a party state do not provide for offenses described in precisely the words employed in subsection (A) of this section, the party state shall construe the descriptions appearing in subsection (A) of the section as being applicable to those offenses of a substantially similar nature and the laws of the party state shall contain such provisions that are necessary to ensure that full force and effect is given to this article.

Section 56-1-660. Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made may not issue a license to drive if:

(1) The applicant has held a license, but it has been suspended for a violation and the suspension period has not terminated.

(2) The applicant has held a license, but it has been revoked for a violation, and the revocation has not terminated, except that after the expiration of one year from the date the license was revoked, the person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any applicant if, after investigation, the licensing authority determines that it will not be safe to grant the person the privilege of driving a motor vehicle on the public highways.

(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders the license.

Section 56-1-670. Except as expressly required by provisions of the compact, nothing herein affects the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

Section 56-1-680. (A) The head of the licensing authority of each party state is the administrator of this compact for his state. The administrators, acting jointly, have the power to formulate all necessary procedures for the exchange of information under this compact.

(B) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

Section 56-1-690. Any party state may withdraw from the compact, but no withdrawal may take effect until six months after the executive heads of all other party states have received notice. Withdrawal does not affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal."

Time effective

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