South Carolina General Assembly
109th Session, 1991-1992

Bill 136


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    136
Primary Sponsor:                Martschink
Committee Number:               15
Type of Legislation:            GB
Subject:                        State vehicles, restrictions on
                                transporting in
Residing Body:                  Senate
Current Committee:              Transportation
Computer Document Number:       OLDVS/LIBX/2351
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Martschink
                                Wilson
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 136   Senate  Jan 08, 1991  Introduced and read first       15
                             time, referred to Committee
 136   Senate  Sep 17, 1990  Prefiled, referred to           15
                             Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 1-11-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSIGNMENT OF MOTOR VEHICLES BY THE DIVISION OF MOTOR VEHICLE MANAGEMENT, SO AS TO PROVIDE FOR RESTRICTIONS ON PERSONS AND MATERIALS WHICH MAY BE TRANSPORTED IN A STATE VEHICLE, FOR EMERGENCY USE OF THE VEHICLE, AND FOR PENALTIES FOR VIOLATIONS.

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

SECTION 1. Section 1-11-270 of the 1976 Code is amended to read:

"Section 1-11-270. (A) The Board board shall establish criteria for individual assignment of motor vehicles based solely on the functional requirements of the job, which shall reduce reduces such the assignment to situations clearly beneficial to the State. Only the Governor and statewide elective state officials shall must be provided an automobile solely on the basis of their office. All other individuals permanently assigned with automobiles shall log all trips on a log form approved by the Board, specifying beginning and ending mileage and job function performed.

(B) An automobile owned or operated by a state agency may be used only for official state business. The automobile must not be used for the transportation of persons who are not state employees or official guests of the State. A state agency may furnish transportation of persons and materials or items necessary for the official business of the Governor, Lieutenant Governor, Circuit Court judges, Appellate Court or Supreme Court justices, and members of the General Assembly. For purposes of this section, official business does not include:

(1) transportation for members of the General Assembly to and from meetings or to and from sessions of the General Assembly, except as provided by the rules of the respective bodies;

(2) transportation to and from court sessions for Circuit Court judges or Appellate Court or Supreme Court justices; or

(3) transportation of commissioners to and from agency meetings.

(C) In an emergency situation a state agency may provide transportation to members of the General Assembly, Circuit Court judges, or Appellate Court or Supreme Court justices.

(D) Each state agency shall maintain a log on the use of all automobiles. This requirement does not apply to statewide elected officials. Each departmental person using a state vehicle shall record daily in the log the name of a nondepartmental person or the description of a nondepartmental materials or items transported in the automobile. A sworn statement certifying the official nature of a person or materials transported must be furnished to the state agency by the office of the official, judge, or justice and must be placed in the log at the time of the trip. All logs must be signed by the nondepartmental person using the automobile, and the signatures must be maintained as part of the permanent record of the state agency. However, trip Trip logs shall are not required to be maintained for vehicles whose gross vehicle weight is greater than ten thousand pounds nor for vehicles assigned to full-time line law enforcement officers. Agency directors and commissioners permanently assigned state vehicles may utilize exceptions on a report denoting only official and commuting mileage in lieu of the aforementioned trip logs.

(E) Full-time agency directors and full-time agency commissioners to whom vehicles are assigned, in lieu of a trip log, may file a report on a monthly basis that will specify total mileage.

(F) Nothing in this section prohibits law enforcement agencies from providing emergency assistance to stranded motorists or from providing emergency transportation in life-threatening situations.

(G) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than thirty days for each violation."

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

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