Current Status Introducing Body:Senate Bill Number:1341 Primary Sponsor:Drummond Committee Number:06 Type of Legislation:GB Subject:Revenue Department Residing Body:Senate Current Committee:Finance Computer Document Number:NO5/7755BDW.94 Introduced Date:19940413 Last History Body:Senate Last History Date:19940413 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1341 Senate 19940413 Introduced, read first time, 06
referred to Committee
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TO AMEND SECTION 1-30-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE SECTIONS TRANSFERRED TO THE DEPARTMENT; TO AMEND SECTION 1-30-95, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE THE NAME OF THE DEPARTMENT AND THE SECTIONS TRANSFERRED TO THE DEPARTMENT; TO AMEND SECTION 15-9-380, AS AMENDED, RELATING TO THE PROCEDURE USED WHEN A NONRESIDENT MOTORIST DOES NOT ACCEPT SERVICE, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 23-6-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE DIVISIONS WITHIN THE DEPARTMENT; TO AMEND SECTION 23-6-30, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE DUTIES PERTAINING TO LICENSE SUSPENSIONS AND REVOCATIONS AND THE AUTOMATED SYSTEM FOR DRIVERS' LICENSING RECORDS; TO AMEND SECTION 31-17-510, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO TRAVEL TRAILER SALES, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO DRIVERS' LICENSES, SO AS TO REVISE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION AND CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-270, AS AMENDED, RELATING TO THE ACTION ON A DRIVER'S LICENSE WHEN A PERSON IS MENTALLY OR PHYSICALLY DISABLED, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-280, AS AMENDED, RELATING TO MANDATORY SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SECTION 56-1-290, AS AMENDED, RELATING TO THE REVOCATION OF DRIVERS' LICENSES FOR OPERATING UNLICENSED TAXIS, SECTION 56-1-300, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WITHOUT A PRELIMINARY HEARING, SECTION 56-1-310, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A NONRESIDENT DRIVER'S LICENSE, SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE UPON CONVICTION IN ANOTHER STATE, SECTION 56-1-330, AS AMENDED, RELATING TO THE REPORTING OF CONVICTIONS, AND SECTION 56-1-340, AS AMENDED, RELATING TO REPORTS OF CONVICTIONS AND RECORDS SENT TO OTHER STATES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-350, AS AMENDED, RELATING TO THE SURRENDER OF DRIVERS' LICENSES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND REVISE THE NAME OF THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-1-360, AS AMENDED, RELATING TO PROOF OF NOTICE OF A DRIVER'S LICENSE, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND TO THE DEPUTY DIRECTOR OF THE MOTOR VEHICLE RECORDS DIVISION TO THE DEPUTY DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 56-1-365, AS AMENDED, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE AND PENALTIES, SECTION 56-1-370, AS AMENDED, RELATING TO THE REVIEW OF SUSPENSION, CANCELLATION, OR REVOCATION OF DRIVERS' LICENSES, SECTION 56-1-380, AS AMENDED, RELATING TO THE RENEWAL OR RESTORATION OF A SUSPENDED OR REVOKED LICENSE, AND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEES TO REINSTATE OR RENEW A DRIVER'S LICENSE, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-400, AS AMENDED, RELATING TO THE SURRENDER AND RETURN OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND DELETE THE NOTIFICATION REQUIREMENT BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-420, AS AMENDED, RELATING TO THE FULL TERM OF THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SECTION 56-1-460, AS AMENDED, RELATING TO THE PENALTIES FOR DRIVING UNDER A CANCELED, SUSPENDED, OR REVOKED DRIVER'S LICENSE, SECTION 56-1-463, AS AMENDED, RELATING TO THE INAPPLICABILITY OF DRIVING UNDER SUSPENSION PENALTIES, AND SECTION 56-1-475, AS AMENDED, RELATING TO DRIVING WITH A VALID OUT-OF-STATE LICENSE AFTER SUSPENSION, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-510, AS AMENDED, RELATING TO THE PENALTIES FOR THE UNLAWFUL USE OF A DRIVER'S LICENSE AND FOR A FRAUDULENT APPLICATION, SO AS TO CLARIFY THE REFERENCE TO THE DEPARTMENT OF REVENUE AND DELETE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-1-540, AS AMENDED, RELATING TO THE INDEXES, REPORTS, AND RECORDS PERTAINING TO DRIVERS' LICENSES, SO AS TO CLARIFY THE REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-550, AS AMENDED, RELATING TO THE USE OF FEES COLLECTED BY THE DEPARTMENTS OF PUBLIC SAFETY AND REVENUE AND TAXATION, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-630, AS AMENDED, RELATING TO THE DEFINITIONS PERTAINING TO THE DRIVER LICENSE COMPACT, SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE BASED ON THE POINT SYSTEM, SECTION 56-1-746, AS AMENDED, RELATING TO CERTAIN CIRCUMSTANCES UNDER WHICH A DRIVER'S LICENSE MAY BE SUSPENDED, AND SECTION 56-1-790, AS AMENDED, RELATING TO REPORTS AND RECORDS OF OUT-OF-STATE DRIVING CONVICTIONS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-800, AS AMENDED, RELATING TO COPIES OF REPORTS OF TRAFFIC OFFENSES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND THE MOTOR VEHICLE DIVISION TO THE DEPARTMENT'S DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 56-1-810, AS AMENDED, RELATING TO NOTIFICATION OF SUSPENSION AND SURRENDER OF A DRIVER'S LICENSE, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-820, AS AMENDED, RELATING TO THE REVIEW OF A DRIVER'S LICENSE SUSPENSION, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-830, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE SUSPENSION OF A DRIVER'S LICENSE, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND THE DEPUTY DIRECTOR OF THE MOTOR VEHICLE RECORDS AND VEHICLE INSPECTION DIVISION TO THE DEPARTMENT'S DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 56-1-850, AS AMENDED, RELATING TO MANDATORY PROVISIONS FOR SUSPENDING, REVOKING, OR CANCELING A DRIVER'S LICENSE, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-1020, AS AMENDED, RELATING TO THE DEFINITIONS OF HABITUAL OFFENDER AND CONVICTION, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO THE REVOCATION, OR SUSPENSION OF THE DRIVER'S LICENSE OF AN HABITUAL OFFENDER; AND SECTION 56-1-1090, AS AMENDED, RELATING TO LICENSES FOR HABITUAL OFFENDERS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO PENALTIES PERTAINING TO MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE OR THE COURT; TO AMEND SECTION 56-1-1130, AS AMENDED, RELATING TO NOTIFICATION OF POTENTIAL HABITUAL OFFENDERS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND ITS MOTOR VEHICLE DIVISION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-1330, AS AMENDED, RELATING TO THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM, SO AS TO REVISE THE NAME OF THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO CONFORM TO THE RESTRUCTURING ACT AND CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-1340, AS AMENDED, RELATING TO THE POSSESSION AND RECORDING OF A PROVISIONAL LICENSE, SECTION 56-1-1730, AS AMENDED, RELATING TO A MOPED OPERATOR'S LICENSE, SECTION 56-1-2050, AS AMENDED, RELATING TO NOTIFICATION OF SUSPENSION, REVOCATION, AND CANCELLATIONS OF COMMERCIAL DRIVERS' LICENSES AND RELATED CONVICTIONS, SECTION 56-1-2100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A COMMERCIAL DRIVER'S LICENSE, SECTION 56-1-2110, AS AMENDED, RELATING TO THE DISQUALIFICATIONS FROM DRIVING A COMMERCIAL VEHICLE, SECTION 56-1-2130, AS AMENDED, RELATING TO TESTS FOR ALCOHOL AND DRUGS FOR COMMERCIAL DRIVERS, AND SECTION 56-1-2140, AS AMENDED, RELATING TO CONVICTION OF NONRESIDENT COMMERCIAL DRIVERS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-3350, RELATING TO SPECIAL IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND ITS MOTOR VEHICLE DIVISION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-3-250, AS AMENDED, RELATING TO THE REQUIREMENT FOR PAYMENT OF TAXES BEFORE REGISTRATION AND LICENSING, SO AS TO CLARIFY A REFERENCE TO DEPARTMENT AND CHANGE THE REFERENCE TO THE TAX COMMISSION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-3-360, AS AMENDED, RELATING TO THE REGISTRATION SUSPENSION OF A STOLEN OR CONVERTED VEHICLE, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-3-1330, AS AMENDED, RELATING TO THE SUSPENSION, CANCELLATION, OR REVOCATION OF A VEHICLE'S REGISTRATION AND LICENSE, SO AS TO CHANGE CERTAIN REFERENCES FROM THE DEPARTMENT OF PUBLIC SAFETY AND CHANGE A REFERENCE FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE AND INCLUDE A REFERENCE TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 56-3-1972, AS AMENDED, RELATING TO UNIFORM PARKING VIOLATIONS TICKETS, SECTION 56-3-1973, AS AMENDED, RELATING TO THE PRINTING, COST, AND COPIES OF THE TICKETS, AND SECTION 56-3-1974, AS AMENDED, RELATING TO PENALTIES FOR AND JURISDICTION OF TICKETS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-5-370, AS AMENDED, RELATING TO THE DEFINITION OF DEPARTMENT, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-2585, AS AMENDED, RELATING TO THE EXEMPTION FROM PARKING METER FEES FOR DISABLED VETERANS, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND SECTION 56-5-2950, AS AMENDED, RELATING TO THE IMPLIED CONSENT TO TESTS OF A MOTOR VEHICLE OPERATOR, SO AS TO CLARIFY THE REFERENCES TO DEPARTMENT; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO CLARIFY CERTAIN REFERENCES TO DEPARTMENT, CHANGE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE, AND CHANGE THE REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO CONFORM TO THE RESTRUCTURING ACT; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO THE REQUIREMENTS AND LIMITATIONS FOR MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-4075, AS AMENDED, RELATING TO REGULATIONS PERTAINING TO THE REQUIREMENTS FOR MOTOR VEHICLES, SO AS TO DELETE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-5-4095, AS AMENDED, RELATING TO THE TRANSPORTATION OF MODULAR OR SECTIONAL HOUSING UNITS, AND SECTION 56-5-4140, AS AMENDED, RELATING TO THE GROSS WEIGHT OF VEHICLES AND THEIR COMBINATIONS AND LOADS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO THE INVESTIGATION AND REGISTRATION OF TRANSPORTING VEHICLES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-5-4170, AS AMENDED, RELATING TO PERMITS FOR NONCONFORMING VEHICLES, SECTION 56-5-4175, AS AMENDED, RELATING TO PERMITS FOR SHEET TOBACCO TRUCKS, SECTION 56-5-4180, AS AMENDED, RELATING TO PERMITS FOR MOVING OVER DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS, AND SECTION 56-5-4185, AS AMENDED, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF TRANSPORTATION AND DELETE A REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-5-4190, AS AMENDED, RELATING TO PERMITS TO MOVE OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS, SECTION 56-5-4200, AS AMENDED, RELATING TO THE FEES AND RECORDS FOR CERTAIN PERMITS, AND SECTION 56-5-4205, AS AMENDED, RELATING TO PERMITS FOR MOVING CERTAIN OVERLOADS AND OVERSIZE VEHICLES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-5400, AS AMENDED, RELATING TO REGULATIONS PERTAINING TO VEHICLE EQUIPMENT AND IDENTIFICATION, SO AS TO DELETE THE REFERENCE TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-5-5420, AS AMENDED, RELATING TO INSPECTION STATIONS, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO VEHICLE DEMOLISHERS, AND SECTION 56-5-5810, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO ABANDONED OR DERELICT VEHICLES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO REQUIREMENTS FOR ABANDONED OR DERELICT VEHICLES, SECTION 56-5-5860, AS AMENDED, RELATING TO TITLES AND RECORDS FOR ABANDONED OR DERELICT VEHICLES, SECTION 56-5-6140, AS AMENDED, RELATING TO THE MAILING OF MOVING VIOLATIONS, SECTION 56-7-10, AS AMENDED, RELATING TO THE UNIFORM TRAFFIC TICKET, SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY, SECTION 56-10-20, AS AMENDED, RELATING TO THE MOTOR VEHICLE SECURITY REQUIREMENT; SECTION 56-10-40, AS AMENDED, RELATING TO NOTIFICATION BY INSURANCE AND SECURITY PROVIDERS, AND SECTION 56-10-210, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO VEHICLE INSURANCE REQUIREMENTS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO PROOF OF VEHICLE INSURANCE, AND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENTS UPON THE LOSS OF INSURANCE, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-10-290, AS AMENDED, RELATING TO THE ENFORCEMENT OF VEHICLE INSURANCE REQUIREMENTS, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, AND SECTION 56-16-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO THE DEFINITIONS PERTAINING TO VEHICLE TITLES AND INTERESTS, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-25-10, AS AMENDED, RELATING TO NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 56-27-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO PROFESSIONAL HOUSEMOVING, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-29-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, SECTION 56-29-50, AS AMENDED, RELATING TO VEHICLE FORFEITURE PROVISIONS, AND SECTION 56-31-50, AS AMENDED, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF REVENUE; TO REPEAL SECTION 56-1-410, RELATING TO JUDICIAL REVIEW OF VEHICLE LICENSE DENIAL, CANCELLATION, SUSPENSION, AND REVOCATION, SECTION 56-1-520, RELATING TO THE ADMINISTRATION AND ENFORCEMENT PROVISIONS AND JURISDICTION PERTAINING TO LICENSES; SECTION 56-1-530, RELATING TO REGULATIONS PERTAINING TO LICENSES, SECTION 56-1-840, RELATING TO THE ADMINISTRATION AND ENFORCEMENT PROVISIONS PERTAINING TO LICENSES, SECTION 56-1-1120, RELATING TO THE REVIEW OF DRIVERS' RECORDS, AND SECTION 56-5-4940, RELATING TO BUMPER REQUIREMENTS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE 1976 CODE TO THE DEPARTMENT OF REVENUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-30-90 of the 1976 Code, as added by Section 1, Act 181 of 1993, is amended to read:
"Section 1-30-90. Department of Public Safety.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Public Safety to be. The department initially must be divided into divisions for Highway Patrol, State Police, Training and Continuing Education, Motor Vehicle Records and Vehicle Inspection, and Public Safety.
(A) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) the vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices section of the Division of Motor Vehicles formerly provided for at Section 56-1-10 56-5-5310 et. seq."
SECTION 2. Section 1-30-95 of the 1976 Code, as added by Section 1, Act 181 of 1993, is amended to read:
"Section 1-30-95. Department of Revenue and Taxation.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Revenue and Taxation to be. The department initially must be divided into divisions for Alcohol Beverage Control, Motor Vehicles, and Tax; provided,. However, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be is the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter after that date, pursuant to the provisions of Section 12-3-10, et seq.:
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Motor Vehicle Division of Department of Highways and Public Transportation, formerly provided for at Section 56-1-10, et seq.;
(C) Tax Commission, formerly provided for at Section 12-3-10, et seq."
SECTION 3. Section 15-9-380 of the 1976 Code, as last amended by Section 267, Act 181 of 1993, is further amended to read:
"Section 15-9-380. If the defendant in any such the cause shall fail fails or refuse refuses to accept and receipt for certified mail containing the notice of service and copy of the process, and it shall must be returned to the plaintiff or the motor vehicle records division of the Department of Public Safety, Revenue. The original envelope as returned shall must be retained, and the notice and copy of the summons shall must be sent by open mail, and the envelope and affidavit of mailing with sufficient postage of such the open letter shall must be filed with the clerk of court in which such the action is pending and. Upon the filing thereof shall have, it has the same force and legal effect as if such the process has been personally served personally upon such the defendant."
SECTION 4. Section 23-6-20 of the 1976 Code, as added by Section 343(A), Act 181 of 1993, is amended to read:
"Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Records and Vehicle Equipment and Inspection Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, a Division of Public Safety, and a Division of Training and Continuing Education.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act section are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Vehicle Inspection Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation;. The Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission, and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall must be transferred to the control of the Department of Public Safety. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."
SECTION 5. Section 23-6-30 of the 1976 Code, as added by Section 343(A), Act 181 of 1993, is amended to read:
"Section 23-6-30. The department shall have has the following duties and powers:
(1) carry out highway and other related safety programs;
(2) license suspensions and revocations, including related administrative hearings;
(3) maintain an automated system for the storage and retrieval of drivers licensing records;
(4) engage in driver training and safety activities;
(5)(3) enforce the traffic, motor vehicle, commercial vehicle, and related laws;
(6)(4) enforce size, weight, and safety enforcement statutes relating to commercial motor vehicles;
(7)(5) operate a comprehensive law enforcement personnel training program;
(8)(6) promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law;
(9)(7) operate such programs and disseminate information and material so as to continually improve highway safety;
(10)(8) disperse any grant funds made available to the department for purposes and in the manner provided for in this chapter; and
(11)(9) do all other functions and responsibilities as required or provided for by law."
SECTION 6. Section 31-17-510 of the 1976 Code, as last amended by Section 511, Act 181 of 1993, is further amended to read:
"Section 31-17-510. (a) `Travel trailer' means every vehicle designed without motor power to be towed by a motor vehicle and of such a size and weight as not to require a special highway moving permit, designed to provide temporary living quarters for recreational, camping, and travel use and designed not to require permanent on-site utilities, including. It includes, but is not limited to, tent campers, park models, park trailers, motor homes, and fifth wheels. This term It may include any a vehicle whose body width is not more than eight feet, and whose length is not more than thirty-five feet in the travel mode, and so designed that part of its weight rests on the towing vehicle. For purposes of titling, the term travel trailer may include motor vehicles where a structure is designed and placed on a frame to be used as temporary living quarters for recreational, camping, or travel use.
(b) `Dealership facilities' means the real estate, buildings, fixtures, and improvements devoted to the conduct of business by the new travel trailer dealer.
(c) `Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any a travel trailer or related interest therein related thereto in it and any an option, a subscription, or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. A gift or delivery of any a travel trailer with respect thereto to it, with or as a bonus on account of the sale of anything, is a sale of such the travel trailer.
(d) `Fraud' means, in addition to its normal legal connotation:, a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact;, a promise or representation not made honestly and in good faith;, and an intentional failure to disclose a material fact.
(e) `Person' means a natural person, corporation, partnership, trust, or other entity, and, in case of for an entity, it includes any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity.
(f) `Dealer' or `travel trailer dealer' means any a person who sells or attempts to effect the sale of any a travel trailer. These terms do It does not include:
(1) manufacturers or distributors;
(2) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment, or order of any a court;
(3) public officers while performing their official duties;
(4) persons disposing of travel trailers titled in their own name and acquired for their own use and so used in good faith and not for the purpose of avoiding the provisions of law. Any A person who effects or attempts to effect the sale of more than three travel trailers, new or used, or one travel trailer never having been titled, in any one calendar year, is considered a dealer, as appropriate, for purposes of this chapter;
(5) finance companies or other financial institutions who that sell repossessed travel trailers and insurance companies who that sell travel trailers they own as an incident to payment made under policies of insurance.
(g) `Department' means the Department of Public Safety Revenue."
SECTION 7. Section 56-1-10 of the 1976 Code, as last amended by Section 1297, Act 181 of 1993, is further amended to read:
"Section 56-1-10. For the purpose of As used in this title, unless otherwise indicated, the following words, phrases and terms are hereby defined as follows:
(1) `Driver' means every person who drives or is in actual physical control of a vehicle.
(2) `Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
(3) `Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term It includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
(4) `Department' means the Department of Revenue and Taxation.
(5) `State' means a state, territory, or possession of the United States and the District of Columbia.
(6) `Highway' means the entire width between the boundary lines of every way publicly maintained when any a part thereof of it is open to the use of the public for purposes of vehicular travel.
(7) `Motor vehicle' means every vehicle which is self-propelled, except `moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(8) `Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor.
(9) `Nonresident' means every person who is not a resident of this State.
(10) `Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by such the person of a motor vehicle, or the use of a vehicle owned by such the person, in this State.
(11) `Conviction' shall include includes the entry of any a plea of guilty, the entry of any a plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.
(12) `Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Safety Revenue of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to such the license;. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.
(13) `Revocation of driver's license' means the termination by formal action of the Department of Public Safety Revenue of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.
(14) `Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Public Safety Revenue of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be is as specifically designated.
(15) `Three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground and having a seat or saddle for the use of the operator, but excluding a tractor."
SECTION 8. Section 56-1-270 of the 1976 Code, as last amended by Section 1304, Act 181 of 1993, is further amended to read:
"Section 56-1-270. The Department of Revenue and Taxation, having good cause to believe that a person holding a South Carolina driver's license is incompetent or otherwise not qualified to be licensed because of physical or mental disability may, upon written notice of at least ten days to the licensee, may require him to submit to an examination. Upon the conclusion of such the examination, the department shall take appropriate action as may be appropriate and may suspend or revoke the license of such the person, or permit him to retain such the license, or may issue a license subject to restrictions permitted under Section 56-1-170. The license of any a person may be suspended or revoked if they refuse or neglect to submit to such an examination."
SECTION 9. Section 56-1-280 of the 1976 Code, as last amended by Section 1305, Act 181 of 1993, is further amended to read:
"Section 56-1-280. (A) The Department of Public Safety Revenue immediately shall forthwith revoke or suspend the license of any a driver upon receiving a record of such the driver's conviction of any an offense for which revocation or suspension is required by law.
(B) The Department of Public Safety Revenue immediately shall forthwith revoke the driver's license of any a person upon receiving notice of the conviction of such the person for:
(1) manslaughter resulting from the operation of a motor vehicle; or
(2) Any a felony under the laws of this State in the commission of which a motor vehicle is used.
(C) The Department of Public Safety Revenue also shall also revoke or suspend a driver's license for any other cause as may be required by other laws of this State."
SECTION 10. Section 56-1-290 of the 1976 Code, as last amended by Section 1306, Act 181 of 1993, is further amended to read:
"Section 56-1-290. In addition to the grounds for suspension or revocation of license set forth elsewhere in this article and in Chapter 5 of this title, the Department of Public Safety Revenue immediately shall forthwith revoke for a period of six months the license of any a person upon receiving satisfactory evidence of the his conviction of any such person who has been found guilty of for operating a vehicle for hire without a license in violation of Section 58-23-1210."
SECTION 11. Section 56-1-300 of the 1976 Code, as last amended by Section 1307, Act 181 of 1993, is further amended to read:
"Section 56-1-300. In addition to other authority of law, the Department of Public Safety Revenue may suspend or revoke the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee has been:
(1) Has been convicted of an offense for which mandatory revocation or suspension is required upon conviction; or
(2) Has been convicted of an offense in another state which if committed in this State would be grounds for suspension or revocation."
SECTION 12. Section 56-1-310 of the 1976 Code, as last amended by Section 1308, Act 181 of 1993, is further amended to read:
"Section 56-1-310. The privilege of driving a motor vehicle on the highways of this State given to a nonresident under this article shall be is subject to suspension or revocation by the Department of Public Safety Revenue in like manner and for like cause as a driver's license issued under the laws of this State may be suspended or revoked."
SECTION 13. Section 56-1-320 of the 1976 Code, as last amended by Section 1309, Act 181 of 1993, is further amended to read:
"Section 56-1-320. The Department of Public Safety may Revenue, in its discretion, may suspend or revoke the license of any a resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such the person in another state of an offense therein in it which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.
Provided, However, that if another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such the restoration of privileges shall also be is valid in this State under the same terms and conditions under which driving is authorized in the resident state of the person concerned."
SECTION 14. Section 56-1-330 of the 1976 Code, as last amended by Section 1310, Act 181 of 1993, is further amended to read:
"Section 56-1-330. Every court having jurisdiction over offenses committed under this article or other state laws or municipal ordinances regulating the operation of motor vehicles on highways shall forward to the Department of Public Safety Revenue a record of the conviction of any a person in such the court for a violation of such laws other than regulations governing standing or parking where a matter of safety is not involved."
SECTION 15. Section 56-1-340 of the 1976 Code, as last amended by Section 1311, Act 181 of 1993, is further amended to read:
"Section 56-1-340. The Department of Public Safety may Revenue, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any an offense under the motor vehicle laws of this State, may forward a certified copy of such the record to the motor vehicle administrator in the state wherein in which the person so convicted is a resident. Whenever the Department of Public Safety Revenue receives a request for a driver's record from another state, the record shall must be forwarded without charge."
SECTION 16. Section 56-1-350 of the 1976 Code, as last amended by Section 1312, Act 181 of 1993, is further amended to read:
"Section 56-1-350. In all cases of cancellation, suspension, or revocation of drivers' licenses, the Department of Public Safety Revenue shall notify the licensee as prescribed in Section 56-1-360 that his license has been canceled, suspended, or revoked, and such the licensee shall within ten days after notice of cancellation, suspension, or revocation shall return his license to the Department of Public Safety or the Department of Revenue and Taxation. Any A person wilfully failing to return his license as required by this section may, on upon conviction thereof, may be fined one hundred dollars or imprisoned for thirty days."
SECTION 17. Section 56-1-360 of the 1976 Code, as last amended by Section 1313, Act 181 of 1993, is further amended to read:
"Section 56-1-360. When notice is required concerning a person's driver's license, the notice must be given by the Department of Public Safety Revenue by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the driver's license records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the deputy director of the motor vehicle records division of the Department of Public Safety Revenue, or his designee, that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of suspension have been met even if the notice has not been received by the addressee."
SECTION 18. Section 56-1-365 of the 1976 Code, as last amended by Section 1314, Act 181 of 1993, is further amended to read:
"Section 56-1-365. (A) Any A person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed more than two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.
(B) The Department of Public Safety Revenue may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along With the driver's license, the clerks and magistrates shall give the Department of Public Safety Revenue agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department of Public Safety to process the revocation or suspension of the licenses. If the Department of Public Safety Revenue does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department of Public Safety within five days after receipt. Any A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment and, upon conviction, must be fined not exceeding more than five hundred dollars.
(C) The Department of Public Safety Revenue shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction, the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the Department of Public Safety Revenue within five days, the suspension or revocation does not commence until the department of Public Safety receives them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence begin until the expiration of the suspension or revocation for the prior offense. If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.
(D) If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the Department of Public Safety Revenue shall issue him a certificate on a form prescribed and furnished by the department of Public Safety which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."
SECTION 19. Section 56-1-370 of the 1976 Code, as last amended by Section 1315, Act 181 of 1993, is further amended to read:
"Section 56-1-370. The licensee may, within ten days after notice of suspension, cancellation, or revocation, except in cases where the suspension, cancellation, or revocation is made mandatory upon the Department of Public Safety Revenue, may request in writing a review, and upon receipt of the request the department of Public Safety shall afford him a review in accordance with the State Administrative Procedures Act, in the county where the licensee was arrested unless the department of Public Safety and the licensee agree that the review may be held in some other another county. The review may be held by a duly an authorized agent of the Department of Public Safety Revenue. Upon the review, the department shall either rescind its order of suspension, cancellation, or revocation or, with good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license."
SECTION 20. Section 56-1-380 of the 1976 Code, as last amended by Section 1316, Act 181 of 1993, is further amended to read:
"Section 56-1-380. The Department of Public Safety shall Revenue may not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except as otherwise permitted or authorized by law.
Any A person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall is not be entitled to have such the license or privilege renewed or restored unless the revocation was for a cause which has been removed, except that. However, after the expiration of at least one year from the date on which the revoked license was surrendered to and received by the department or the Department of Public Safety Revenue, or as may otherwise be provided for by law, such the person may make application for a new license as provided by law, but. The department shall may not then issue a new license unless and until it is satisfied, after investigation of the character, habits, and driving ability of such the person, that it will be is safe to grant the privilege of driving a motor vehicle on the public highways."
SECTION 21. Section 56-1-390 of the 1976 Code, as last amended by Section 1317, Act 181 of 1993, is further amended to read:
"Section 56-1-390. (1) Whenever the Department of Public Safety Revenue suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars.
(2) All fees collected by the department under this provision section must be placed in the state general fund, except that one dollar of the fees listed fee provided for in item subsection (1) must be credited to the `Keep South Carolina Beautiful Fund'. From the `Keep South Carolina Beautiful Fund', the Department of Transportation must shall expend such funds as may be necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."
SECTION 22. Section 56-1-400 of the 1976 Code, as last amended by Section 1318, Act 181 of 1993, is further amended to read:
"Section 56-1-400. The Department of Public Safety Revenue upon suspending or revoking a license shall require that such the license shall must be surrendered to the Department of Public Safety or the Department of Revenue and Taxation it. If a license is surrendered to the Department of Revenue and Taxation, the department shall immediately notify the Department of Public Safety that the individual's license has been surrendered. At the end of the period of suspension, other than suspension for reckless driving, for driving under the influence of intoxicants, or pursuant to the point system, such license so the surrendered shall license must be returned to the licensee, or, in the discretion of the department, a new license must be issued to him. Until the Department of Public Safety notifies the department, The department shall may not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the Department of Public Safety Revenue, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided However, that the department, in its discretion, where the suspension is for violation under the point system may waive such the examination, application, and investigation. A record of suspension shall must be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such the suspension. After five years from the date of conviction or suspension the driver may apply for a new identical license, and the department shall issue such the identical license without any a notation of suspension endorsed thereon on it. But This provision shall does not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23, of Chapter 5 of this title.
Any A person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the Department of Public Safety Revenue with proof that the fine owed by the person has been paid before the department may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."
SECTION 23. Section 56-1-420 of the 1976 Code, as last amended by Section 1320, Act 181 of 1993, is further amended to read:
"Section 56-1-420. If any a court restrains or enjoins the Department of Public Safety Revenue from enforcing the suspension or revocation of any a license and the suspension or revocation is finally determined to have been properly put into effect by the department of Public Safety, the time during which the revocation or suspension was made ineffective by the judicial order shall must not be considered part of the time during which the suspension or revocation was in effect. It is the purpose of this section to insure that the license shall must be suspended or revoked for the full term of such the suspension or revocation, if proper in the first place."
SECTION 24. Section 56-1-460 of the 1976 Code, as last amended by Section 1321, Act 181 of 1993, is further amended to read:
"Section 56-1-460. A person who drives a motor vehicle on any a public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, must be fined two hundred dollars or imprisoned for thirty days for the first violation, for the second violation fined five hundred dollars and imprisoned for sixty consecutive days, and for the third and subsequent violation imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge. The Department of Public Safety Revenue upon receiving a record of the conviction of any a person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department of Public Safety shall Revenue again shall suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days, and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to before his license being is reinstated. If the conviction was upon a charge of driving while a license was revoked, the department shall may not issue a new license for an additional period of one year from the date the person could otherwise could have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows, and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, imprisoned not less than six months nor more than three years."
SECTION 25. Section 56-1-463 of the 1976 Code, as last amended by Section 1322, Act 181 of 1993, is further amended to read:
"Section 56-1-463. Section 56-1-460 specifically does not apply if and when the proposed suspension is based solely on lack of notice being given to the Department of Public Safety Revenue when the person has in fact has paid any the fines or penalties due."
SECTION 26. Section 56-1-475 of the 1976 Code, as last amended by Section 1323, Act 181 of 1993, is further amended to read:
"Section 56-1-475. Notwithstanding the provisions of Section 56-1-400 of the 1976 Code, a person whose driver's license has been suspended by the Department of Public Safety Revenue who has moved his residence to another state and has obtained a valid driver's license in such the state may lawfully may operate a motor vehicle within this State after the expiration of the period of time for which his South Carolina driver's license was suspended."
SECTION 27. Section 56-1-510 of the 1976 Code, as last amended by Section 1324, Act 181 of 1993, is further amended to read:
"Section 56-1-510. It is a misdemeanor punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days for a first offense and not more than five hundred dollars or imprisonment for not more than six months for a second or subsequent offense for any a person to:
(1) to display, or cause or permit to be displayed, or have in his possession any a canceled, revoked, suspended, or fraudulently altered driver's license or personal identification card;
(2) to lend his driver's license or personal identification card to any other another person or knowingly permit the use of it by another;
(3) to display or represent as one's own driver's license or personal identification card any a driver's license or personal identification card acquired in violation of this section;
(4) to fail or refuse to surrender to the department or the Department of Public Safety Revenue upon lawful demand any a driver's license or personal identification card which has been suspended, canceled, or revoked;
(5) to use a false or fictitious name in any an application for a driver's license or personal identification card or knowingly make a false statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any such an application;
(6) to permit any an unlawful use of a driver's license or personal identification card issued to him; or
(7) to do any an act forbidden or fail to perform any an act required by this article."
SECTION 28. Section 56-1-540 of the 1976 Code, as last amended by Section 1327, Act 181 of 1993, is further amended to read:
"Section 56-1-540. The Department of Revenue shall file:
(1) File every application for a license received by it and shall maintain suitable indexes containing, in alphabetical order:
(a) all applications denied and on each thereof note of the reasons for such denial;
(b) all applications granted; and
(c) the name of every licensee whose license has been canceled, suspended, or revoked by the Department of Public Safety Revenue and after each such name a note of the reasons for such the action; and
(2) The Department of Public Safety shall file all accident reports and abstracts of court records of convictions received by it under the laws of this State and, in connection therewith with the reports and abstracts, maintain convenient records or make suitable notations in order that so an individual record of each licensee showing the his convictions of such licensee and the traffic accidents in which he has been involved shall be are readily ascertainable and available for the consideration of the department upon application for renewal of license and at other suitable times."
SECTION 29. Section 56-1-550 of the 1976 Code, as last amended by Section 1328, Act 181 of 1993, is further amended to read:
"Section 56-1-550. All fees collected by the Department of Revenue and Taxation and the Department of Public Safety under the provisions of this article shall must be credited to the state general fund."
SECTION 30. Section 56-1-630 of the 1976 Code, as last amended by Section 1329, Act 181 of 1993, is further amended to read:
"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 an 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.
(4) `Licensing authority' for purposes of South Carolina shall mean means the Department of Public Safety Revenue."
SECTION 31. Section 56-1-740 of the 1976 Code, as last amended by Section 1330, Act 181 of 1993, is further amended to read:
"Section 56-1-740. The Department of Public Safety Revenue may suspend, for not more than six months, the driver's license and privilege of a person upon a showing by its records, based on a uniform point system as authorized in this article, that the licensee has been convicted with such a frequency of offenses against motor vehicle traffic laws or ordinances as to indicate a disrespect for the laws or ordinances and a disregard for the safety of other persons on the highways. For the purposes of this article, a total of twelve points assessed against a driver as determined by the values designated in Section 56-1-720 indicates disrespect and disregard. The privilege of driving a motor vehicle on the highways of this State, given to a nonresident under the laws of this State, is subject to suspension by the Department of Public Safety Revenue in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.
Periods of suspension of the license or privilege of a person for various accumulation of points must be are as follows, with the person having the privilege to request a review of his driving record:
(1) twelve to fifteen points: three months' suspension;
(2) sixteen or seventeen points: four months' suspension;
(3) eighteen or nineteen points: five months' suspension;
(4) twenty points and over: six months' suspension."
SECTION 32. Section 56-1-746 of the 1976 Code, as last amended by Section 1332, Act 181 of 1993, is further amended to read:
"Section 56-1-746. (A) The Department of Public Safety Revenue shall suspend the driver's license of any a person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(4), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period of: ninety days;
(2) for a conviction for a second or subsequent offense, for a period of: six months.
(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall must be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall may not result in any an insurance penalty under the Merit Rating Plan promulgated by the Department of Insurance.
(D)(1) If an individual is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION 33. Section 56-1-790 of the 1976 Code, as last amended by Section 1334, Act 181 of 1993, is further amended to read:
"Section 56-1-790. The Department of Public Safety Revenue may enter into a reciprocal agreement with the proper agency of any other another state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such Convictions in another state of a violation therein in that state which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State.
Guilty pleas, failure to respond to charges, or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the Department of Public Safety Revenue, may be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State."
SECTION 34. Section 56-1-800 of the 1976 Code, as last amended by Section 1335, Act 181 of 1993, is further amended to read:
"Section 56-1-800. In all proceedings held under the provisions of this article, photostatic or other copies of the reports filed with the Department of Public Safety Revenue, including official reports received from directors of motor vehicle divisions, court officials, or other agencies of other states charged with the duty of keeping records of offenses against the traffic laws of such the states and reports of courts-martial or United States Commissioners, when such the copies are duly certified by the Director of the motor vehicle division Department of Revenue, or his designee, as true copies of the original on file therewith with the department, shall be are deemed prima facie evidence of the information contained on such the reports for the purpose of showing any a conviction."
SECTION 35. Section 56-1-810 of the 1976 Code, as last amended by Section 1336, Act 181 of 1993, is further amended to read:
"Section 56-1-810. Upon the determination by the Department of Public Safety Revenue that a person has accumulated sufficient points to warrant the suspension of his license, the department of Public Safety shall notify such the licensee in writing, return receipt requested, that his license has been suspended, and such. The licensee shall return his license to the Department of Public Safety or the Department of Revenue and Taxation within the time required by Section 56-1-350 and subject to the its penalties thereof for failing to do so."
SECTION 36. Section 56-1-820 of the 1976 Code, as last amended by Section 1337, Act 181 of 1993, is further amended to read:
"Section 56-1-820. The licensee may, within ten days after notice of suspension, may request in writing a review, and. Upon receipt of the request, the Department of Public Safety Revenue shall afford him a review in accordance with the State Administrative Procedures Act."
SECTION 37. Section 56-1-830 of the 1976 Code, as last amended by Section 1338, Act 181 of 1993, is further amended to read:
"Section 56-1-830. Any A person whose license has been suspended under the provisions of this article may, within ten days after notice of suspension or within ten days after notice of the result of the review if such review is requested and held, may apply to the resident or presiding circuit judge of the circuit in which the applicant resides, either at chambers or open court, for a review upon the record, certified to by the deputy Director of the Motor Vehicle Records and Vehicle Inspection Division of the Department of Public Safety Revenue, to determine if the action taken by the department of Public Safety is lawful and in accordance with the provisions of this article."
SECTION 38. Section 56-1-850 of the 1976 Code, as last amended by Section 1340, Act 181 of 1993, is further amended to read:
"Section 56-1-850. Nothing contained in this article shall affect affects the action of the Department of Public Safety Revenue in suspending, revoking, or canceling any a driver's license when such the action is mandatory under the provisions of any a law of this State."
SECTION 39. Section 56-1-1020 of the 1976 Code, as last amended by Section 1341, Act 181 of 1993, is further amended to read:
"Section 56-1-1020. (A) An habitual offender shall mean any means a person whose record as maintained by the Department of Public Safety Revenue shows that he has accumulated the convictions for separate and distinct offenses described in subsections (a), (b) and (c) items (1), (2), and (3) committed during a three-year period; provided, that. However, where more than one included offense shall be is committed within a one-day period, such the multiple offenses shall must be treated for the purposes of this article as one offense:
(a)(1) three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:
(1)(a) voluntary manslaughter, involuntary manslaughter, or reckless homicide resulting from the operation of a motor vehicle;
(2)(b) operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics, or drugs;
(3)(c) driving or operating a motor vehicle in a reckless manner;
(4)(d) driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility;
(5)(e) any an offense punishable as a felony under the motor vehicle laws of this State or any a felony in the commission of which a motor vehicle is used;
(6)(f) failure of the driver of a motor vehicle involved in any an accident resulting in the death or injury of any a person to stop close to the scene of such the accident and report his identity;
(b)(2) ten or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle, which are required to be reported to the Department of Public Safety Revenue for which four or more points are assigned pursuant to Section 56-1-720 or which are enumerated in subsection (a) of this section item (1).
(c)(3) the offenses included in subsections (a) and (b) shall be deemed to include offenses under any a federal law, any a law of another state, or any a municipal or county ordinance of another state substantially conforming to the above provisions of items (1) and (2).
(d)(B)(1) For the purposes of this article, the term `conviction' shall mean means a final conviction, forfeiture of bail, or a plea of guilty or nolo contendere.
(2) For purposes of determining the number of convictions for separate and distinct offenses committed during any a three year period, a person shall be is deemed to be convicted of an offense on the date the offense was committed if he is subsequently is convicted of committing such the offense as `conviction' is defined in item (1) of this subsection.
(C) The provisions of this article shall do not apply to convictions which occurred prior to before June 14, 1973."
SECTION 40. Section 56-1-1030 of the 1976 Code, as last amended by Section 1342, Act 181 of 1993, is further amended to read:
"Section 56-1-1030. (A) When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c) (A)(1), (2), or (3), the Department of Public Safety must Revenue shall review its records for that person. If the Department of Public Safety's Revenue's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department of Public Safety must shall institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that. However, appeals under this section must be made to the appropriate magistrate's court as set forth below in subsection (B).
(B) If after appropriate proceedings, the Department of Public Safety Revenue finds the person to be an habitual offender, the department of Public Safety shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the Department of Public Safety or the department. A resident of South Carolina found to be an habitual offender may appeal to the chief magistrate in the county in which the appellant resides. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any an appeal, the magistrate shall hear and determine the matter de novo."
SECTION 41. Section 56-1-1090 of the 1976 Code, as last amended by Section 1343, Act 181 of 1993, is further amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall may a nonresident habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the Department of Public Safety Revenue that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate unless the period is reduced to two years as permitted in item (c);
(b) until financial responsibility requirements are met;
(c) until, upon petition and for good cause shown, the Department of Public Safety Revenue may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department of Public Safety may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after one year has expired from the date of the decision of the Department of Public Safety Revenue finding the person to be an habitual offender. At this time and after hearing, the Department of Public Safety Revenue may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the Department of Public Safety Revenue. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the Department of Public Safety Revenue. However, a petition or court order is not required for the restoration of driving privileges and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled."
SECTION 42. Section 56-1-1100 of the 1976 Code, as last amended by Section 81, Act 184 of 1993 and Section 1344, Act 181 of 1993, is further amended to read:
"Section 56-1-1100. It is unlawful for a person to operate a motor vehicle in this State while the decision of the Department of Public Safety Revenue prohibiting the operation remains in effect. A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the Department of Public Safety Revenue prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years. For the purpose of enforcing this section, in any case in which where the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the Department of Public Safety court, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the Department of Public Safety court shall notify the solicitor or Attorney General, and he shall cause the appropriate criminal charges to be lodged against the offender."
SECTION 43. Section 56-1-1130 of the 1976 Code, as last amended by Section 1346, Act 181 of 1993, is further amended to read:
"Section 56-1-1130. Commencing Beginning January 1, 1974, the Department of Public Safety Revenue shall send a written notice to any a person who it determines is in danger of becoming an habitual offender."
SECTION 44. Section 56-1-1320 of the 1976 Code, as last amended by Section 1347, Act 181 of 1993, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended presently for any other another reason, may apply to the motor vehicle division of the Department of Revenue to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the Department of Revenue a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the Director of the Department of Public Safety Revenue or his designee."
SECTION 45. Section 56-1-1330 of the 1976 Code, as last amended by Section 1348, Act 181 of 1993, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision must include a mandatory requirement that the applicant enter an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Department of Alcohol and Other Drug Abuse and Services be assessed to determine the extent and nature of an alcohol and drug abuse problem, if any, and successfully complete treatment or education services recommended by the program. The applicant shall bear the cost of the services which must be determined by the administering agency and approved by the South Carolina Commission on Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. The commission Department of Alcohol and Other Drug Abuse Services shall recommend subsequent cost changes on an annual basis subject to the approval of the General Assembly. If the applicant fails to complete successfully the services as directed by the Department of Public Safety Revenue, the South Carolina Commission on Department of Alcohol and Other Drug Abuse Services shall notify the Department of Public Safety Revenue, and the provisional driver's license issued by the Department of Revenue must be revoked, and the suspension imposed for the full periods specified in Section 56-5-2990,. The suspension to must begin on the date of notification to the individual."
SECTION 46. Section 56-1-1340 of the 1976 Code, as last amended by Section 1349, Act 181 of 1993, is further amended to read:
"Section 56-1-1340. The applicant shall must have a provisional driver's license in his possession at all times while driving a motor vehicle, and. The issuance of such the license and the violation convictions shall must be entered in the records of the Department of Public Safety Revenue for a period of ten years as required by Sections 56-5-2940 and 56-5-2990 of the 1976 Code."
SECTION 47. Section 56-1-1730 of the 1976 Code, as last amended by Section 1350, Act 181 of 1993, is further amended to read:
"Section 56-1-1730. A person is eligible for a moped operator's license without regard to his eligibility for or the status of any other driver's license or permit. The Department of Public Safety Revenue may suspend, revoke, or cancel a moped operator's license only for violations committed while operating a moped. A moped operator's license may be suspended, revoked, or canceled in the same manner and upon the same grounds for which any other motor vehicle operator's license or permit may be suspended, revoked, or canceled."
SECTION 48. Section 56-1-2050 of the 1976 Code, as last amended by Section 1352, Act 181 of 1993, is further amended to read:
"Section 56-1-2050. (A) Notification of Convictions.
(1) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in any other another state, other than a parking violation, shall notify the Department of Public Safety Revenue in the manner specified by the department of Public Safety within thirty days of conviction.
(2) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than a parking violation, shall notify his employer in writing of the conviction within thirty days of the conviction.
(B) A driver whose commercial driver license is suspended, revoked, or canceled by a state, or who loses the privilege to drive a commercial motor vehicle in any a state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out of service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact.
(C) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(1) a list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) the dates between which the applicant drove for each employer;
(3) the reason for leaving that employer;
(4) any additional information required by the employer;
(5) certification that all information furnished is true and complete."
SECTION 49. Section 56-1-2100 of the 1976 Code, as last amended by Section 1353, Act 181 of 1993, is further amended to read:
"Section 56-1-2100. (A) The commercial driver license must be marked `Commercial Driver License' or `CDL', and must be, to the maximum extent practicable, tamper proof. It must include, but is not be limited to, the following information:
(1) the name and residential address of the person;
(2) the person's color photograph;
(3) a physical description of the person including sex, height, and weight;
(4) date of birth;
(5) a number or identifier considered appropriate by the department;
(6) the person's signature;
(7) the class or type of commercial motor vehicles which the person may drive together with any endorsements or restrictions;
(8) the name of this State; and
(9) the dates between which the license is valid.
(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 must 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: vehicle weight rating of twenty-six thousand one pounds or more if the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds; weight rating of twenty-six thousand one pounds or more and any such a vehicle towing a vehicle not in excess of ten thousand pounds; weight rating of less than twenty-six thousand one pounds and any such a vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds comprising: persons, including the driver; material which require the vehicle to be placarded under 49 C.F.R. part 172, subpart F.;
(2) Endorsements: transporting hazardous material; and tank vehicle endorsements.;
(3) Restrictions: `K' restricts the driver to vehicles not equipped with airbrakes.
(C) Before issuing a commercial driver license, the Department must of Revenue shall obtain a driving record from the Department of Public Safety through the Commercial Driver License Information System, through the National Driver Register, and from each state in which the person has been licensed.
(D) Within ten days after issuing a commercial driver license, the Department must of Revenue shall notify the Commercial Driver License Information System of that fact, providing all information required to insure identification of the person.
(E) A commercial driver license issued by the Department of Revenue expires on the licensee's birth date on the fourth calendar year after the calendar year in which it is issued.
(F) Every person applying for renewal of a commercial driver license shall complete the application form required by Section 56-1-2090(A), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed again. The person shall submit to a vision test."
SECTION 50. Section 56-1-2110 of the 1976 Code, as last amended by Section 1354, Act 181 of 1993, is further amended to read:
"Section 56-1-2110. (A) A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a commercial motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability;
(2) driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four-one hundredths or more;
(3) knowingly and wilfully leaving the scene of an accident involving a commercial motor vehicle driven by the person;
(4) using a commercial motor vehicle in the commission of a felony as defined in this article;
(5) refusal refusing to submit to a test to determine the driver's alcohol concentration while driving a commercial motor vehicle.
If any of the above violations provided in this subsection occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be considered in applying this subsection.
(D) The Department of Revenue may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.
(E) A person is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(G) After suspending, revoking, or canceling a commercial driver license, the Department of Public Safety Revenue shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the Department of Public Safety Revenue shall notify the licensing authority of the state which issued the commercial driver license or commercial driver instruction permit within ten days."
SECTION 51. Section 56-1-2130 of the 1976 Code, as last amended by Section 1355, Act 181 of 1993, is further amended to read:
"Section 56-1-2130. (A) A person who drives a commercial motor vehicle within this State is considered to have given consent, subject to provisions of Section 56-5-2950, to take a test of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(B) Tests may be administered at the direction of a law enforcement officer, who, after stopping or detaining the driver of a commercial motor vehicle, has probable cause to believe that the driver was driving a commercial motor vehicle while having a measurable amount of alcohol in his system.
(C) A person requested to submit to a test as provided in subsection (A) must be warned by the law enforcement officer requesting the test, that a refusal to submit to the test must result in that person being placed out of service immediately for twenty-four hours and being disqualified from operating a commercial motor vehicle for not less than one year under Section 56-1-2110.
(D) If the person refuses testing, or submits to a test which discloses an alcohol concentration of four one-hundredths of one percent or more, the law enforcement officer shall submit a report to the Department of Public Safety Revenue certifying that the test was requested pursuant to subsection (A) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent or more.
(E) Upon receipt of the report of a law enforcement officer submitted under subsection (D), the Department of Public Safety Revenue shall notify the department that disqualify the driver is disqualified from driving a commercial motor vehicle under Section 56-1-2110."
SECTION 52. Section 56-1-2140 of the 1976 Code, as last amended by Section 1356, Act 181 of 1993, is further amended to read:
"Section 56-1-2140. Within ten days after receiving a report of the conviction of a nonresident holder of a commercial driver license for a violation of state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, committed in a commercial motor vehicle, the Department of Public Safety Revenue shall notify the driver licensing authority in the licensing state of the conviction."
SECTION 53. Section 56-1-3350 of the 1976 Code, as added by Section 1357, Act 181 of 1993, is amended to read:
"Section 56-1-3350. (A) Upon application by any a person ten years of age or older who is a resident of South Carolina, the Motor Vehicle Division of the Department of Revenue and Taxation shall issue a special identification card as long as both of the following apply:
(1) The application is made on a form approved and furnished by the division; and.
(2) The applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the division Department of Revenue of his name and date of birth.
(B) The fee for the issuance of the special identification card is five dollars, and the identification card expires five years from the date of issuance. The renewal fee is also five dollars. Issuance and renewal fees are waived for indigent persons who are mentally ill, mentally retarded, homeless, or who are on public assistance as the sole source of income. As used in this section `indigent' means a person who is qualified for legal assistance which is paid for with public funds.
(C)(1) For purposes of this section, a `homeless person' is an individual who lacks a fixed and regular nighttime residence or an individual who has a primary nighttime residence that is:
(a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including congregated shelters, and transitional housing;
(b) an institution that provides a temporary residence for individuals intended to be institutionalized; or
(c) a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.
(2) The term `Homeless person' does not include any an individual imprisoned or otherwise detained pursuant to an act of Congress. Annually, the director of a facility which provides care or shelter to homeless persons must shall certify this fact to the Department of Revenue and Taxation. The department must shall maintain a list of facilities which are approved by the department, and only letters from the directors of these approved facilities are considered to comply with the provisions of this section.
(D) To have the issuance or renewal fee waived for an identification card, a homeless person must shall present a letter to the Department of Revenue and Taxation from the director of a facility that provides care or shelter to homeless persons certifying that the person named in the letter is homeless. The signature of the director must be notarized, and the date of the letter may must not be older than thirty days. The department may promulgate regulations to implement the provisions of this section.
(E) Special identification cards issued to persons under the age of twenty-one years must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one years."
SECTION 54. Section 56-3-20(21) of the 1976 Code, as last amended by Section 1358, Act 181 of 1993, is further amended to read:
"(21) `Department' means the Department of Revenue and Taxation acting directly or through its duly authorized officers and agents;"
SECTION 55. Section 56-3-250 of the 1976 Code, as last amended by Section 1360, Act 181 of 1993, is further amended to read:
"Section 56-3-250. (A) No vehicle shall may be registered and licensed by the Department of Revenue unless a signed statement accompanies the application certifying that:
(1) all county and municipal taxes legally due by the applicant on the vehicle concerned have been paid, and if such the vehicle is legally subject to being returned by the applicant for county and municipal taxes, such the return has been made;
(2) that the applicant is not delinquent in the payment of any motor vehicle taxes in this State, and that;
(3) the address and county shown on the application for license is the true legal residence of the applicant.
(B) A transfer between members of the same family shall not, for the purpose of this section, be is not considered a bona fide purchase.
(C) Any A person falsely certifying as required in this section shall must have his driver's license suspended for a period of six months.
(D) The provisions of This section shall does not apply to any a citizen of this State on active duty with the Armed Forces of the United States when the vehicle to be registered and licensed is operated for more than six months each year outside the boundaries of this State, nor to any a motor vehicle subject to assessment for ad valorem tax purposes by the State Tax Commission Department of Revenue."
SECTION 56. Section 56-3-360 of the 1976 Code, as last amended by Section 1362, Act 181 of 1993, is further amended to read:
"Section 56-3-360. The Department of Public Safety Revenue may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to Section 56-19-810 or Section 56-19-820."
SECTION 57. Section 56-3-1330, as last amended by Section 1369, Act 181 of 1993, is further amended to read:
"Section 56-3-1330. (A) The Department of Public Safety (department) Revenue may suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, or revalidation sticker, or other another document issued by the department as authorized under this chapter in any one or more of the following events when the:
(1) Department of Revenue determines to its satisfaction that such the registration and license, registration card, license plate, or revalidation sticker, or other another document was issued fraudulently or erroneously issued;
(2) Department of Public Safety or other law enforcement agency determines to its satisfaction that a registered and licensed vehicle is mechanically unsafe or unfit to be operated or moved upon a highway;
(3) vehicle registered and licensed has been dismantled or wrecked;
(4) Department of Revenue determines that the required fee has not been paid and is not paid upon reasonable notice and demand;
(5) registration card, license plate, or revalidation sticker, or other another document is knowingly displayed knowingly upon a vehicle other than the one for which it was issued;
(6) Department of Revenue determines to its satisfaction that the owner has committed any an offense under this chapter involving such the registration card, license plate, or revalidation sticker, or other another document;
(7) Department of Revenue is so authorized under any other provisions of law.
(B) The circuit courts of this State shall have jurisdiction to review actions of the Department of Revenue that suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, or revalidation sticker, or other another document, when petitioned by a resident of this State. The decision of the court shall be is binding upon the department or Department of Revenue and Taxation and the petitioner."
SECTION 58. Section 56-3-1972 of the 1976 Code, as last amended by Section 1378, Act 181 of 1993, is further amended to read:
"Section 56-3-1972. (A) For purposes of this article, a uniform parking violations ticket shall must consist of five copies, one of which must be:
(1) blue and placed upon the vehicle parked in violation of this article;
(2) one of which must be yellow and must be dispatched to the Department of Public Safety Revenue for its records;
(3) one of which must be white and must be maintained by the originating agency;
(4) one of which must be green and must be retained by the trial officer for his records;
(5) and one of which must be pink and must be dispatched by the issuing agency to the Department of Public Safety Revenue for purposes of audit.
(B) Each ticket shall must have a unique identifying number."
SECTION 59. Section 56-3-1973 of the 1976 Code, as last amended by Section 1379, Act 181 of 1993, is further amended to read:
"Section 56-3-1973. The Department of Public Safety shall Revenue must have the uniform parking violations ticket printed. Law enforcement and security agencies shall order tickets from the Department of Public Safety Revenue and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement or security agency. The audit copy and the Department of Public Safety Revenue record's copy must be forwarded to the department of Public Safety within thirty days of the disposition of the case by final trial court action. The head of each law enforcement agency is responsible for forwarding the audit copies, and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action, and forwarding the results of the inventory on a form prescribed by the Department of Public Safety Revenue to the department of Public Safety within ten days of the completion of the inventory."
SECTION 60. Section 56-3-1974 of the 1976 Code, as last amended by Section 1380, Act 181 of 1993, is further amended to read:
"Section 56-3-1974. A person who wilfully and intentionally violates the provisions of Section 56-3-1973 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned not more than six months, or both, for each ticket unaccounted for or for each failure to timely forward the issuing agency's copy, or Department of Public Safety Revenue record's copy, or audit copy of a ticket. If the failure to account for a ticket or the failure to timely forward the issuing agency's copy, or the Department of Public Safety Revenue record's copy, or audit copy of the ticket is inadvertent or unintentional, the misuse is triable in magistrate's court and, upon conviction, the person must be fined not more than one hundred dollars.
The service of the uniform parking violations ticket vests all traffic, recorder's, and magistrate's courts with jurisdiction to hear and dispose of the charge for which the ticket was issued and served."
SECTION 61. Section 56-5-370 of the 1976 Code, as last amended by Section 1399, Act 181 of 1993, is further amended to read:
"Section 56-5-370. `Department' for the purpose of this chapter means the Department of Public Safety Transportation acting directly or through its duly authorized officers and agents."
SECTION 62. Section 56-5-2585 of the 1976 Code, as last amended by Section 1416, Act 181 of 1993, is further amended to read:
"Section 56-5-2585. Disabled veterans shall be are exempt from the payment of municipal parking meter fees when their vehicles bear a disabled veteran's license plate issued by the Department of Revenue and Taxation."
SECTION 63. Section 56-5-2945(B) of the 1976 Code, as last amended by Section 1419, Act 181 of 1993, is further amended to read:
"(B) As used in this section, `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any a bodily member or organ.
The Department of Revenue shall suspend the driver's license of any a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any term of imprisonment plus three years."
SECTION 64. Section 56-5-2950(d) and (f) of the 1976 Code, as last amended by Section 1420, Act 181 of 1993, is further amended to read:
"(d) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, none may be given, but. However, the Department of Revenue, on the basis of a report of the law enforcement officer that the arrested person was operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them and that the person had refused to submit to the tests, shall suspend his license or permit to drive, or any a nonresident operating privilege for a period of ninety days. If the person is a resident without a license or permit to operate a motor vehicle in this State, the Department of Revenue shall deny to the person the issuance of a license or permit for a period of ninety days after the date of the alleged violation. The ninety-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the ninety-day period begins with the day after the date of the order sustaining the suspension or denial of issuance. The report of the arresting officer must include what grounds he had for believing that the arrested person had been operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. If the arrested person took the chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include what were his grounds for believing that the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, pleads guilty or nolo contendere to, or forfeits bond for a first offense violation of Section 56-5-2930, within thirty days of arrest, the period of the suspension of driving privileges under this section must be canceled, and any a suspension of driving privileges under Section 56-5-2990 for a first conviction may not exceed six months.
(f) When it is finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this State has been suspended, the Department of Revenue shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license."
SECTION 65. Section 56-5-2990 of the 1976 Code, as last amended by Section 1421, Act 181 of 1993, is further amended to read:
"Section 56-5-2990. The Department of Revenue shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any a license by the Department of Revenue and Taxation to operate a motor vehicle.
Any A person whose license is suspended under the provisions of this section must be notified of suspension by the Department of Revenue of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Department of Alcohol and Other Drug Abuse prior to services before reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a are mandatory requirement requirements of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Commission on Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall must be terminated from the Alcohol and Drug Safety Action Program, no later than six months after the date of program enrollment. If the applicant has not successfully completed successfully the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Commission on Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the Department of Revenue may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The Department of Revenue and the Commission on Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such The procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any a person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily has turned his license in to the department or the Department of Revenue and Taxation."
SECTION 66. Section 56-5-4070 of the 1976 Code, as last amended by Section 1430, Act 181 of 1993, is further amended to read:
"Section 56-5-4070. (1) Two or three unit vehicle combinations may be operated on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075. The Department of Transportation may require warning devices which may be necessary to protect public safety.
When in use on the National System of Interstate and Defense Highways and `other qualifying highways':
(a) A trailer or semitrailer may be operated in a two unit truck tractor-trailer or truck tractor-semitrailer combination in excess of a length of forty-eight feet but no longer than fifty-three feet, inclusive of the load carried on it. A fifty-three foot long trailer must be equipped with a rear underride guard, and the distance between the kingpin of the vehicle and the center of the rear axle assembly or to the center of the tandem axle assembly if equipped with two axles must be no greater than forty-one feet;.
(b) A trailer or semitrailer, operating in a three unit combination, may not exceed a length of twenty-eight and one-half feet, inclusive of the load carried on it;.
(c) Auto and boat transporters may not have an overall length in excess of seventy-five feet, exclusive of front and rear overhang;. However, front overhang must may not exceed three feet and rear overhang must may not exceed four feet;.
(d) Saddle mounts and full mounts may not have an overall length in excess of seventy-five feet.
(2) No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, and a motor vehicle, other than a motor home, in excess of thirty-five feet may have not less than three axles, except buses with two axles approved by the Department of Public Safety Transportation.
(3) A combination of vehicles coupled together or especially constructed to transport motor vehicles in a truckaway or driveaway service may tow up to three saddle mounts. No other combination of vehicles coupled together may consist of more than two units, except as permitted by subsection (1) of this section.
(4) Except as permitted by subsection (1) of this section, trailers or semitrailers used within combinations may not exceed a length of forty-eight feet, and auto transporters are excluded from trailer length limitations. Auto transporters may be allowed an upper level overhang not to exceed three feet on the front and four feet on the rear.
(5) Except where specifically prohibited in this article, there is no overall length limit on combination vehicles.
(6) Appropriate safety and energy conservation devices and compressors and fuel saving equipment on the front or loading devices on the rear of trailers or semitrailers may must not be considered when determining their length for purposes of this section if the overall length limitations of combinations of vehicles is not exceeded."
SECTION 67. Section 56-5-4075 of the 1976 Code, as last amended by Section 1431, Act 181 of 1993, is further amended to read:
"Section 56-5-4075. The Department of Public Safety, and the Department of Transportation, and the Department of Revenue and Taxation may promulgate regulations as necessary to implement the provisions of this article. Regulations may be promulgated to make designations as are necessary to provide for those vehicles which operate on the National System of Interstate and Defense Highways and `other qualifying highways' pursuant to Sections 56-5-4030 and 56-5-4070 reasonable access to:
(a) terminals, and facilities for food, fuel, repairs, and rest;
(b) points of loading and unloading for household goods carriers and auto transporters; and
(c) specific industrial, commercial, warehousing, and similar sites, only after consulting with and considering the views of the local governments through whose jurisdictions such the specific site access would pass.
The Department of Transportation may cooperate with the United States Government by providing information to accomplish uniformity in designating `other qualifying highways'. The information may only be provided only after safety and operational requirements of the citizens of this State have been studied by the Department of Transportation. Any Proposals by the Department of Transportation to add highways, other than those provided for in items (a), (b), and (c) of this section, to the network of `qualifying highways' designated by the United States Secretary of Transportation must be approved by the General Assembly before they become are effective.
The Governor may petition the Secretary of Transportation of the United States to remove any a highway federally designated under the Surface Transportation Assistance Act of 1982 [49 USCS Appx Sections 2301 et seq.], as amended by Congress, and not considered safe."
SECTION 68. Section 56-5-4095, as last amended by Section 1432, Act 181 of 1993, is further amended to read:
"Section 56-5-4095. An official of the Department of Revenue and Taxation Transportation designated by the director, in his discretion, upon application in writing and good cause being shown, may issue to a vehicle a permit in writing authorizing the applicant to operate or move upon the state's public highways a motor vehicle and loads for transporting not more than two modular housing units or sectional housing units if the total length of the vehicle, including the load, does not exceed the length presently authorized by law and regulation for the transporting of mobile homes. No permit may be issued to any a vehicle whose operation upon the public highways of this State threatens the safety of others or threatens to unduly damage a highway or any of its appurtenances."
SECTION 69. Section 56-5-4140 of the 1976 Code, as last amended by Section 1433, Act 181 of 1993 and Section 92, Part II, Act 164 of 1993, is further amended to read:
"Section 56-5-4140. (1) The gross weight of a vehicle or combination of vehicles, operated or moved upon any a highway or section of highway other than the Interstate System, shall may not exceed:
(a) single-unit vehicle with two axles: 35,000 lbs.;
(b) single-unit vehicle with three axles: 46,000 lbs.;
(c) single-unit vehicle with four or more axles: 63,000 lbs.;
(d) combination of vehicles with three axles: 50,000 lbs.;
(e) combination of vehicles with four axles: 65,000 lbs.;
(f) combination of vehicles with five or more axles: 73,280 lbs.
The gross weight imposed upon the highway by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart shall may not exceed thirty-six thousand pounds, and no one axle of any such a group of two or more consecutive axles shall may exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall may not exceed thirty-six thousand pounds, and no one axle of any such a group of two consecutive axles shall may exceed the load permitted for a single axle. The gross weight imposed upon the highway by all axles of a single-unit vehicle with four or more axles shall may not exceed the following:
Distance between the extremes of the front and rear axles measured to the nearest foot: Maximum Gross Weight
at least 12 feet: 50,000;
at least 13 feet: 50,000;
at least 14 feet: 51,500;
at least 15 feet: 52,000;
at least 16 feet: 52,500;
at least 17 feet: 53,500;
at least 18 feet: 54,000;
at least 19 feet: 54,500;
at least 20 feet: 55,500;
at least 21 feet: 56,000;
at least 22 feet: 56,500;
at least 23 feet: 57,500;
at least 24 feet: 58,000;
at least 25 feet: 58,500;
at least 26 feet: 59,500;
at least 27 feet: 60,000;
at least 28 feet: 60,500;
at least 29 feet: 61,500;
at least 30 feet: 62,000;
at least 31 feet: 62,500;
at least 32 feet: 63,500;
(2)(a) Except as permitted in item (b) of this subitem, the maximum permissible gross weight which may be imposed upon any a highway or section of highway in the Interstate System is prescribed by this section. The overall maximum gross weight of a vehicle or combination of vehicles may not exceed:
(1) single-unit vehicle with two axles: 35,000 lbs.;
(2) single-unit vehicle with three axles: 46,000 lbs.;
(3) single-unit vehicle with four or more axles: 63,500 lbs.;
(4) combination of vehicles with three axles: 50,000 lbs.;
(5) combination of vehicles with four axles: 65,000 lbs.;
(6) combination of vehicles with five or more axles: 73,280 lbs.
The overall maximum gross weight of single unit vehicles with four or more axles may not exceed the following:
Distance between the extremes of the front and rear axles measured to the nearest foot: Maximum Gross Weight
at least 12 feet: 50,000;
at least 13 feet: 50,500;
at least 14 feet: 51,500;
at least 15 feet: 52,000;
at least 16 feet: 52,500;
at least 17 feet: 53,500;
at least 18 feet: 54,000;
at least 19 feet: 54,500;
at least 20 feet: 55,500;
at least 21 feet: 56,000;
at least 22 feet: 56,500;
at least 23 feet: 57,500;
at least 24 feet: 58,000;
at least 25 feet: 58,500;
at least 26 feet: 59,500;
at least 27 feet: 60,000;
at least 28 feet: 60,500;
at least 29 feet: 61,500;
at least 30 feet: 62,000;
at least 31 feet: 62,500;
at least 32 feet: 63,500;
The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this subsection except, the gross weight on a single axle may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight may not exceed 75,185 pounds, including all enforcement tolerances.
(b) Vehicles with an overall maximum gross weight in excess of 75,185 pounds may operate upon any a highway or section of highway in the Interstate System in accordance with the following:
The weight imposed upon the highway by any a group of two or more consecutive axles may not, unless specially permitted by the Department of Revenue and Taxation Transportation, may not exceed an overall gross weight produced by the application of the following formula: W=500 (LN/N-1 + 12N + 36).
In the formula W equals overall gross weight on any a group of two or more consecutive axles to be the nearest 500 pounds, L equals distance in feet between the extreme of any a group of two or more consecutive axles, and N equals number of axles in the group under consideration.
As an exception, two consecutive sets of tandem axles may carry a gross load of 68,000 pounds if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. Additionally, the gross weight imposed upon the highway by any one axle of a vehicle may not exceed 20,000 pounds, and the gross weight imposed upon the highway by any a group of two or more axles spaced not less than forty nor more than ninety-six inches apart (tandem axle) may not exceed 34,000 pounds, and the overall maximum gross weight, except for those vehicles which have been issued special permits by the Department of Revenue and Taxation Transportation, may not exceed 80,000 pounds. The formula is expressed by the following table:
Distance in feet Maximum load in pounds
between the extremes carried on any a group of
of any a group of 2 or 2 or more consecutive
more consecutive axles axles
2 3 4 5 6 7
axles axles axles axles axlesaxles
4 34,000
5 34,000
6 34,000
7 34,000
8 & less 34,000 34,000
more than 8 38,000 42,000
8 34,000 34,000
9 39,000 43,000
10 40,000 43,500
11 44,500
12 45,000 50,000
13 46,000 50,500
14 46,500 51,500
15 47,500 52,000
16 48,000 52,500 58,000
17 49,000 53,500 58,500
18 49,500 54,000 59,500
19 50,500 54,500 60,000
20 51,000 55,500 60,500 66,000
21 52,000 56,000 61,000 66,500
22 52,500 56,500 62,000 67,000
23 53,500 57,500 62,500 68,000
24 54,000 58,000 63,000 68,50074,000
25 55,000 58,500 63,500 69,00074,500
26 55,500 59,500 64,500 69,50075,000
27 56,500 60,000 65,000 70,00075,500
28 57,000 60,500 65,500 71,00076,500
29 58,000 61,500 66,000 71,50077,000
30 58,500 62,000 67,000 72,00077,500
31 59,500 62,500 67,500 72,50078,000
32 60,000 63,500 68,000 73,00078,500
33 64,000 68,500 74,00079,000
34 64,500 69,500 74,50080,000
35 65,500 70,000 75,000
36 68,000 70,500 75,500
37 68,000 71,000 76,000
38 68,000 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,500 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 77,000
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,500
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
Enforcement tolerances allowed in Section 56-5-4160 do not apply to vehicles with an overall gross weight in excess of 75,185 pounds.
(c) Until September 1, 1988, there is a moratorium on enforcement of the 34,000 pound tandem axle limit for vehicles operating on the Interstate System in South Carolina within a gross weight of 75,185 and 80,000 pounds to the extent that the vehicles may carry up to 35,200 pounds on a tandem axle or on each tandem axle within a series of tandem axles. As of September 1, 1988, the moratorium on enforcement referred to in this paragraph shall lapse lapses.
Until September 1, 1988, the federal bridge formula may must not be enforced so as to reduce the 35,200 pound tandem axle limit permitted pursuant to paragraph 1 of this item (c) of subsection (2).
Until September 1, 1988, for the five categories of carriers set forth in this paragraph which are operating within a gross vehicle weight of 75,185 and 80,000 pounds on Interstate Highways within South Carolina, there is a moratorium on enforcement of inner bridge measurements under the federal bridge formula. The five categories of carriers are:
(a) five axle vehicles or combinations of vehicles designed solely for transportation of liquids or tankers designed for bulk hauling;
(b) five axle dump trucks with a tandem axle configuration;
(c) five axle vehicles engaged in the transportation of construction materials;
(d) vehicles transporting raw or unprocessed agricultural or forest products;
(e) any intermodal ocean containers. This moratorium shall lapse lapses on September 1, 1988.
After September 1, 1988, both the 34,000 pound tandem axle limit and the federal bridge formula established by 23 U.S.C. Section 127 must be enforced in their entirety for all vehicles operating on Interstate Highways within South Carolina within a gross vehicle weight of 75,185 and 80,000 pounds. Any A moratorium on enforcement granted by this stipulation shall lapse lapses as of September 1, 1988.
(3) Except on the interstate highway system:
(a) Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use, including, but not limited to, well-drilling and boring rigs, are not required to conform to the axle spacing requirements of this section, but the vehicle is limited to a weight of twenty-five thousand pounds per for each axle plus scale tolerances, and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.
(b) Concrete mixing trucks which operate within fifteen miles of their home base and well-drilling and boring rigs which operate seventy-five miles of their home base are not required to conform to the requirements of this section but these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed seventy thousand pounds. All of these vehicles shall must have at least three axles each with brake-equipped wheels."
SECTION 70. Section 56-5-4150 of the 1976 Code, last amended by Section 1435, Act 181 of 1993 and Section 39C, Part II, Act 164 of 1993, is further amended to read:
"Section 56-5-4150. The Department of Revenue and Taxation upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The Department of Revenue and Taxation may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the Department of Revenue and Taxation or in excess of the limitations set forth in this chapter. A person making application for a `farm truck' license shall declare in the form prescribed by the Department of Revenue and Taxation the true unloaded or empty weight of the vehicle and shall stencil or mark in a conspicuous place on the left side of the vehicle the true unloaded or empty weight if the unloaded or empty weight is over five thousand pounds.
A private motor truck or truck tractor of more than twenty-six thousand pounds gross weight and a for-hire motor truck or truck tractor must have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions do not apply to two-axle straight trucks hauling raw farm and forestry products. A truck operating pursuant to the federal motor carrier safety regulations may operate with the owner's, lessor's, or lessee's name as required."
SECTION 71. Section 56-5-4170 of the 1976 Code, as last amended by Section 1438, Act 181 of 1993, is further amended to read:
"Section 56-5-4170. (a) Subject to the conditions prescribed in subsection (b), the Department of Revenue and Taxation Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with the provisions of this article upon any a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by any a police officer or an authorized agent of the authority granting the permit. No person may violate any of the terms or conditions of the special permit. The Department of Revenue and Taxation Transportation shall charge a fee of twenty dollars for each permit issued, and fees collected pursuant to this provision must be placed in the state general fund and used for defraying the cost of issuing and administering the permits, and for other highway purposes.
(b) The Department of Revenue and Taxation Transportation may exercise its discretion in issuing permits for the movement of all types of vehicles which exceed the legal size and weight limits, provided that. However, the:
(1) load carried thereon cannot on the vehicle must not be readily disassembled;
(2) Department of Revenue and Taxation, in conjunction with the Department of Transportation may limit or prescribe conditions of operation of such the vehicles;
(3) Department of Revenue and Taxation Transportation may require such insurance or other security as it deems considers necessary; and
(4) movements are made so as not to damage the highways nor unduly interfere with highway traffic.
The following are general provisions applicable to all oversize and overweight loads:
(1) The granting of a permit shall does not constitute a waiver of any the license requirements imposed by the State of South Carolina.
(2) The granting of a permit does not waive any the liability or responsibility of the applicant which might accrue for any property damage, including damage to the highways, or for personal injuries.
(3) The granting of a permit does not exempt the applicant from compliance with any ordinances, rules, and regulations of any city or town a municipality.
(4) Before granting any a permit, the Department of Revenue and Taxation Transportation, at its discretion, may require the vehicle owner or operator to furnish a certificate showing the amount of public liability and property damage, insurance carried.
(5) All vehicles shall meet the requirements of all applicable laws and regulations.
(6) Overwidth loads or mobile homes shall must be moved over sections of highways selected by the Department of Transportation.
(7) The Department of Transportation will shall determine the speeds permitted loads are to operate under.
(8) The driver shall remove the towing vehicle along with the load or mobile home from the traveled way to allow any closely following traffic (five vehicles maximum) to pass and proceed.
Applications for overweight and oversize permits shall must be submitted on forms provided by the Department of Transportation to the Department of Revenue and Taxation and shall must include all the necessary information required.
Each application shall must be accompanied by the permit fee before it can may be issued. The permit fee accompanying any an application that is rejected will must be returned to the person or company named within the application.
Special oversize and overweight trip permits for movement of vehicles or combinations of vehicles with individual loads thereon on them in excess of the maximum sizes and weights allowed must receive special consideration by and have prior approval of the Department of Transportation prior to before any part of the move to be undertaken.
In all cases, the State reserves the right to recall or not issue permits in accordance with the above limitations if there is an abuse of the permit or such the permit would cause an unnecessary amount of disruption in the normal traffic flow.
(c) Notwithstanding the exemptions from the provisions of this article provided in Section 56-5-4020, the owner of vehicles or combinations of vehicles used to transport and spread soil improvement products exempted therein in it from load and size limitations shall obtain an annual special permit from the Department of Revenue and Taxation Transportation which prescribes such limitations on the exemption as the Department of Transportation may determine necessary. The fee for such the annual permits shall be is five dollars with all such fees used as prescribed for other fees collected under this section.
(d) The detailed implementation of this section shall must not be deemed to have general applicability to the public as prescribed in Chapter 23 of Title 1, and additional procedures established by the Department of Transportation and the Department of Revenue and Taxation for such the implementation shall be are exempt from the requirement of General Assembly approval required by that chapter when such the procedures are established in accordance with the provisions of this section."
SECTION 72. Section 56-5-4175 of the 1976 Code, as last amended by Section 1439, Act 181 of 1993, is further amended to read:
"Section 56-5-4175. (a) The Department of Revenue and Taxation may Transportation, under such terms and conditions as in its judgment may be in the public interest for safety on the highways and in addition to other permits required by Title 56 of the 1976 Code, may issue permits for the use on public highways of sheet tobacco trucks. For the purposes of this section `sheet tobacco truck' is defined as a vehicle used to transport tobacco in sheets which does not exceed ninety-six inches in width at the truck bed and nine feet six inches at the widest part of the load above the truck bed. To be valid such the permit shall must be carried on the towing vehicle, and it shall be is unlawful for any a person to violate any a provision, term, or condition of such the permit. The fee for each permit shall be is fifteen dollars and shall authorize authorizes the use of only one properly described sheet tobacco truck. The Department of Revenue and Taxation Transportation may promulgate rules and regulations to carry out the provisions of this section.
(b) Any A person violating the provisions of subsection (a) or any rule and a regulation promulgated by authority hereof of this section is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not to exceed more than two hundred dollars or imprisoned for a term not to exceed more than thirty days."
SECTION 73. Section 56-5-4180 of the 1976 Code, as last amended by Section 1440, Act 181 of 1993, is further amended to read:
"Section 56-5-4180. The Department of Revenue and Taxation may Transportation, under such terms and conditions as it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for any a person to violate any a provision, term, or condition of the permit. The permit is subject at all times to inspection by any a law enforcement officer or authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Revenue and Transportation is notified in writing that the permit has been lost, stolen, or destroyed."
SECTION 74. Section 56-5-4185 of the 1976 Code, as last amended by Section 1441, Act 181 of 1993 and Section 39D, Part II, Act 164 of 1993, is further amended to read:
"Section 56-5-4185. Notwithstanding Section 56-5-4030 or any other provision of this chapter, the Department of Revenue and Taxation Transportation shall issue, under terms and conditions that are in the public interest for safety on the highways, a permit for the use on the public highways of cotton modular vehicles. The permit must be issued annually and it allows movement on the highways at any time. For the purposes of this section, `cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle must may not exceed a width of one hundred seven inches and must may not exceed a length of fifty feet extreme overall dimensions and inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for a person to violate any a provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. Loaded cotton modular vehicles may must not be operated on interstate highways.
A person violating (1) the provisions of this section, (2) any a provision, term, or condition of the permit, or (3) any a regulation promulgated pursuant to the authority of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not exceeding more than two hundred dollars or imprisoned for a term not exceeding more than thirty days."
SECTION 75. Section 56-5-4190 of the 1976 Code, as last amended by Section 1442, Act 181 of 1993, is further amended to read:
"Section 56-5-4190. Before issuance of any an open-end permit to any a person, such the person shall:
(1) file with the Department of Revenue and Taxation Transportation in such a form as may be approved by the department of Revenue and Taxation a bond in the amount of five hundred dollars or such a greater amount as the applicant may determine will at all times will equal or exceed the net value of all open-end permits to be issued to the applicant by the department Revenue and Taxation for which payment is not received at the time of issuance, payable to the department of Revenue and Taxation by some surety or guaranty company authorized to do business in this State and approved by the department of Revenue and Taxation as surety conditional upon the lawful movement of any an oversize mobile home, modular home unit, or utility building over any a highway in this State and the payment to the department of Revenue and Taxation any and all amounts when due for fees provided for in Sections 56-3-710 and 56-5-4200 and the compliance with all of the terms, conditions, and restrictions of any an oversize permit of any sort issued to such the person filing such the bond; or
(2) file with the Department of Revenue and Taxation Transportation a deposit of cash or acceptable negotiable securities sufficient in the opinion of the department of Revenue and Taxation to secure adequately secure the sum of five hundred dollars or such a greater amount as the applicant may determine will at all times will equal or exceed the net value of all open-end permits to be issued to the applicant by the department of Revenue and Taxation for which payment is not received at the time of issuance, such the deposit to be made upon the same conditions as those required to be set forth in the bond provided for in item (1) of this section."
SECTION 76. Section 56-5-4200 of the 1976 Code, as last amended by Section 1443, Act 181 of 1993, is further amended to read:
"Section 56-5-4200. All persons to whom open-end permits are issued shall file with the Department of Revenue and Taxation on or Transportation before the twentieth twenty-first day of each January, April, July, and October reports showing the number of trips made during the preceding quarter ending on December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively, the dates of such the trips, and such other information as the department of Revenue and Taxation may require. The fee of ten dollars a trip, required to be paid pursuant to Section 56-3-710, must be paid to the Department of Revenue and Taxation Transportation with each such report filed; . However, the fee for additional trips of less than twelve miles distance made under such open-end permits is one dollar a trip. Persons to whom open-end permits are issued shall maintain full and complete records of all oversize mobile homes, modular home units, or utility buildings moved, such the records to be open to audit and inspection by the Department of Revenue and Taxation Transportation and the Department of Public Safety."
SECTION 77. Section 56-5-4205 of the 1976 Code, as last amended by Section 1444, Act 181 of 1993, is further amended to read:
"Section 56-5-4205. The Department of Revenue and Taxation Transportation, under such terms as in its judgment and the judgment of the Department of Transportation and the Department of Public Safety may be in the public interest for safety on the highways, may issue open end or annual permits for moving oversize loads and vehicles, oversize mobile homes, modular home units, utility buildings, and steel tanks, pursuant to Sections 56-5-4180, 56-5-4190, and 56-5-4200. All heights shall may not exceed fourteen and one-half feet, and the owner of any such a transporter shall be is responsible for any damage which may occur."
SECTION 78. Section 56-5-5400 of the 1976 Code, as last amended by Section 1457, Act 181 of 1993, is further amended to read:
"Section 56-5-5400. The department and the Department of Revenue and Taxation is authorized to Public Safety may promulgate rules and regulations for the administration and enforcement of this article; provided, that. In the rules and regulations no specific brand or type of equipment shall may be named or designated as inspection equipment, and only standards of performance shall may be set. Provided, further, that The rules and regulations shall must be so drawn so as not to provide a monopoly of one make of equipment. When these rules and regulations are duly promulgated they shall have the full force and effect of law."
SECTION 79. Section 56-5-5420 of the 1976 Code, as last amended by Section 1459, Act 181 of 1993, is further amended to read:
"Section 56-5-5420. On the recommendation of the county legislative delegation, the Department of Public Safety Transportation shall maintain at the county highway maintenance shop in each county an inspection station and shall inspect and issue certificates at such the shop at the same cost to the motor vehicle owner as is charged by private garages, provided, that. However, if it is not feasible to use the maintenance shop, then some other suitable existing facility in the county may be used. Provided, The above shall requirements of this paragraph apply when there are less than five licensed inspection stations in a county.
Provided, that any An owner of a motor vehicle may file a complaint, with the department after his vehicle has been inspected by an official inspection station, either before or after repairs have been made as required by the inspection, with the department, and. The department immediately shall forthwith investigate such the complaint and may revoke or suspend the license of any an official inspection station found to be improperly conducted improperly and may require the refund to the owner of the inspection fee, if it is determined that the complaint was justified."
SECTION 80. Section 56-5-5670 of the 1976 Code, as last amended by Section 1461, Act 181 of 1993, is further amended to read:
"Section 56-5-5670. (a) Any A demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolition shall is not be required to obtain a certificate of title for such the vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender for cancellation the certificate of title, or auction sales receipt, or disposal authority certificate. The Department of Revenue and Taxation shall issue such appropriate forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate.
(b) A demolisher shall keep an accurate and complete record of all abandoned motor vehicles purchased or received by him in the course of his business. These records shall must contain the name and address of the person from whom each vehicle was purchased or received and the date when such the purchases or receipts occurred. The records shall must be open for inspection by any a police officer at any time during normal business hours. Any A record required by this section shall must be kept by the demolisher for at least one year after the transaction to which it applies."
SECTION 81. Section 56-5-5810 of the 1976 Code, as last amended by Section 1462, Act 181 of 1993, is further amended to read:
"Section 56-5-5810. For the purposes of this article:
(a) `Officer' means any a state, county, or municipal law enforcement officer, including county sanitation officers.
(b) `Motor vehicle' means every device by which a person or property may be transported or drawn upon a highway by mechanical means.
(c) `Abandoned vehicle' means a motor vehicle that is inoperable or is left unattended on public property for more than seventy-two hours, or a motor vehicle that has remained illegally on private or public property for a period of more than seven days without the consent of the owner or person in control of the property.
(d) `Derelict vehicle' means a motor vehicle:
(1) whose certificate of registration has expired and the registered and legal owner no longer resides at the address listed on the last certificate of registration on record with the Department of Revenue and Taxation,; or
(2) whose major parts have been removed so as to render the motor vehicle inoperable and incapable of passing inspection as required under existing standards; or
(3) whose manufacturer's serial plates, motor vehicle identification numbers, license number plates, and any other means of identification have been removed so as to nullify efforts to locate or identify the registered and legal owner; or
(4) whose registered and legal owner of record disclaims ownership or releases his rights thereto to ownership; or
(5) which is more than seven years old and does not bear a current license as required by the Department of Revenue and Taxation.
(e) `Demolisher' means any a person, firm, or corporation whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle such a the motor vehicle.
(f) `Director' means the Director of the Department of Revenue and Taxation.
(g) `Department' means the Department of Public Safety.
(h) `Colored tag' means any a type of notice affixed to an abandoned or derelict motor vehicle advising the owner or the person in possession that it has been declared an abandoned or derelict motor vehicle and will be treated as such. The tag shall must be of sufficient size to be easily discernable and shall must contain such information as the director deems considers necessary to carry out the provisions of this article.
(i) `Vehicle recycling' means the process whereby discarded motor vehicles are collected and then processed by shredding, bailing, or shearing to produce processed scrap iron and steel.
(j) `Salvage yard' means a business or a person who holds a license issued by the Department of Revenue and Taxation required of all retailers, possesses ten or more derelict motor vehicles, regularly engages in buying and selling used motor vehicle parts, and owns the necessary equipment to transport wrecked and derelict motor vehicles."
SECTION 82. Section 56-5-5850 of the 1976 Code, as last amended by Section 1464, Act 181 of 1993, is further amended to read:
"Section 56-5-5850. (a) When any a motor vehicle is derelict or abandoned, the director shall cause a colored tag to be placed on the motor vehicle which shall be is notice to the owner, the person in possession of the motor vehicle, or any a lienholder that it is considered to be derelict or abandoned and is subject to forfeiture to the State.
(b) If the motor vehicle is determined to be valued at less than one hundred dollars, the tag shall must so state and shall serve serves as the only legal notice that unless the motor vehicle is removed within seven days from the date of the tag, it shall become becomes property of the State, shall and must be removed and sold for recycling purposes and. All proceeds derived from the sale shall must be deposited into the state general fund established for the purpose of administering the provisions of to administer this article.
(c) If the value of the motor vehicle is determined to be more than one hundred dollars, the colored tag shall must so state and shall serve serves as the only legal notice that if the vehicle is not removed within seven days from the date of the tag, that it will be removed to a designated place to be sold. After the motor vehicle is removed, the director shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the motor vehicle was last registered at the last address reflected in the department's Department of Revenue's records and to any a lienholder of record, by registered or certified mail, return receipt requested, that the motor vehicle is being held, designating the place where it is being held and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall must be sold for recycling purposes or for such other purposes as the director deems considers advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall must be deposited in the state general fund established for the purposes of administering the provisions of to administer this article.
(d) If the value of the motor vehicle is determined to be more than one hundred dollars and if the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, notice by one publication in a newspaper of general circulation in the area where the motor vehicle was located shall be is sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of motor vehicles. Twenty days after the date of publication the advertised motor vehicle may be sold. The proceeds of such the sale shall must be deposited in the state general fund established for the purpose of administering the provisions of to administer this article.
(e) Any Notice sent by mail or any a newspaper notice published under the provisions of this section shall must contain, the following if it is obtainable:, the year, make, model, and serial number of the abandoned motor vehicle.
(f) All officers defined in this article may appraise or determine the value of derelict or abandoned motor vehicles for the purposes of this article."
SECTION 83. Section 56-5-5860 of the 1976 Code, as last amended by Section 1465, Act 181 of 1993, is further amended to read:
"Section 56-5-5860. Title to all motor vehicles sold or disposed of in accordance with this article shall vest vests in the State. All manufacturer's serial number plates and any other identification numbers for all motor vehicles sold to any a person other than a demolisher shall at the time of the sale must be turned in to the Department of Revenue for destruction. Any A demolisher purchasing or acquiring any a vehicle hereunder shall under this section, under oath, shall state to the Department of Revenue that the vehicles purchased or acquired by it have been shredded or recycled.
The director shall remove and destroy all departmental records relating to such the motor vehicles in such a method and manner as he may prescribe; provided, that such. However, the records shall must be retained for a minimum of six months from the date of each sale."
SECTION 84. Section 56-5-6140 of the 1976 Code, as last amended by Section 1467, Act 181 of 1993, is further amended to read:
"Section 56-5-6140. The Department of Revenue, within ten days after notice of a moving traffic violation by a person under the age of eighteen years, shall mail a copy of the charges to the owner of the vehicle used in the violation."
SECTION 85. The last two paragraphs of Section 56-7-10 of the 1976 Code, as last amended by Section 1468, Act 181 of 1993, are further amended to read:
"No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest vests all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will must be designed by the Department of Revenue and approved by the Attorney General.
For purposes of this chapter `department' means Department of Public Safety Revenue."
SECTION 86. Section 56-9-20(2) of the 1976 Code, as last amended by Section 1472, Act 181 of 1993, is further amended to read:
"(2) `Department' means the Department of Public Safety Revenue, acting directly or through its duly authorized officers and agents."
SECTION 87. Section 56-10-20 of the 1976 Code, as last amended by Section 1474, Act 181 of 1993, is further amended to read:
"Section 56-10-20. The security required under this chapter is a policy or policies written by insurers authorized to write such the policies in South Carolina providing for at least (1) the minimum coverages specified in Sections 38-77-140 through 38-77-230 and (2) the benefits required under Sections 38-77-240, 38-77-250, and 38-77-260. However, the Director of the Department of Public Safety Revenue may approve and accept another form of security in lieu instead of such a the liability insurance policy if he finds that such the other form of security is adequate to provide and does in fact provide the benefits required by this chapter."
SECTION 88. Section 56-10-40 of the 1976 Code, as last amended by Section 1475, Act 181 of 1993, is further amended to read:
"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the Director of the Department of Public Safety Revenue in lieu instead of such the insurance shall immediately shall notify the Director of the Department of Public Safety Revenue of the lapse or termination of any such the insurance or security issued to or provided for a resident of this State in one or both of the following circumstances:
(1) The lapse or termination of such the insurance or security occurs within three months of issuance provided that. However, this subsection item only applies to new policies, and not renewal or replacement policies; or.
(2) The lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.
This notification must be in writing or magnetic media in a manner considered satisfactory to the Department of Revenue. Upon receipt of any such notice, the Director of the Department of Public Safety Revenue shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such the person and the motor vehicle registration plates from the vehicles concerned."
SECTION 89. Section 56-10-210(3) of the 1976 Code, as last amended by Section 1477, Act 181 of 1993, is further amended to read:
"(3) `Department' means the Department of Public Safety Revenue."
SECTION 90. Section 56-10-220 of the 1976 Code, as last amended by Section 1478, Act 181 of 1993, is further amended to read:
"Section 56-10-220. Every person applying for registration for a motor vehicle, shall at the time of such the registration and licensing, shall declare the vehicle to be an insured motor vehicle under the penalty set forth in Section 56-10-260 and shall execute and furnish to the Department of Revenue and Taxation his certificate that such the motor vehicle is an insured motor vehicle and that he will maintain insurance thereon on it during the registration period. The certificate must be in the form prescribed by the department. The department may require any a registered owner or any an applicant for registration and licensing of a motor vehicle declared to be an insured motor vehicle to submit a certificate of insurance executed by an authorized agent or representative of an insurance company authorized to do business in this State. Such The certificate must also must be in a form prescribed by the department."
SECTION 91. The second paragraph of Section 56-10-240 of the 1976 Code, as last amended by Section 1479, Act 181 of 1993, is further amended to read:
"The Department of Revenue and Taxation, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation of or refusal to renew to the department. The Department of Revenue may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the Department of Revenue shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the Department of Revenue, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to may appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the Department of Revenue and Taxation, and the suspension is voided immediately. The Department of Revenue and Taxation shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue and Taxation office in the county where the person who surrenders the plates resides."
SECTION 92. Section 56-10-290 of the 1976 Code, as last amended by Section 1482, Act 181 of 1993, is further amended to read:
"Section 56-10-290. The administration and enforcement of this article must be by the Department of Public Transportation Revenue, and law enforcement officers generally shall also shall enforce this article within their respective jurisdictions."
SECTION 93. Section 56-15-10(r) of the 1976 Code, as added by Section 1483, Act 181 of 1993, is amended to read:
"(r) `Department' means Department of Public Safety Revenue."
SECTION 94. Section 56-16-10(r) of the 1976 Code, as added by Section 1486, Act 181 of 1993, is amended to read:
"(r) `Department' means Department of Public Safety Revenue."
SECTION 95. Section 56-19-10(5) of the 1976 Code, as last amended by Section 1490, Act 181 of 1993, is further amended to read:
"(5) `Department' means the Department of Revenue and Taxation."
SECTION 96. Section 56-25-10 of the 1976 Code, as last amended by Section 1498, Act 181 of 1993, is further amended to read:
"Section 56-25-10. The Nonresident Traffic Violator Compacts of 1972 and 1977 (compacts) are enacted into law by reference and entered into with all other jurisdictions legally joining therein in them. The Director of the Department of Revenue shall execute all documents and perform all other acts necessary to carry out the provisions of the compacts. The Department of Revenue may promulgate regulations consistent with the provisions of this chapter and in accordance with the provisions of Chapter 23 of Title 1 (the Administrative Procedures Act).
The Department of Revenue shall maintain a current list of those jurisdictions which have entered into the compacts. Such The list and copies of the compacts shall from time to time shall must be disseminated to those agencies and individuals who are responsible for enforcement of their provisions. For purposes of this chapter `department' means Department of Public Safety Revenue."
SECTION 97. Section 56-27-10(c) of the 1976 Code, as last amended by Section 1499, Act 181 of 1993, is further amended to read:
"(c) `Department' means the Department of Public Safety Transportation."
SECTION 98. Section 56-29-20(5) of the 1976 Code, as last amended by Section 1500, Act 181 of 1993, is further amended to read:
"(5) `Vehicle identification number' means a number, a letter, a character, a datum, a derivative, or a combination thereof of them, used by the manufacturer or the Motor Vehicle Division of the Department of Revenue and Taxation the purpose of to uniquely identifying identify a motor vehicle or motor vehicle part."
SECTION 99. Section 56-29-50(E)(1), (I), and (M) of the 1976 Code, as last amended by Section 1501, Act 181 of 1993, is further amended to read:
"(E)(1) The circuit solicitor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Motor Vehicle Division of the Department of Revenue and Taxation, or any other another department of the State, or any other another state or territory of the United States, or of the federal government if the property is required to be registered in the department.
(I) No motor vehicle or motor vehicle part may be forfeited under this section solely on the basis that it is unidentifiable. Instead of forfeiture, any a seized motor vehicle or motor vehicle part which is unidentifiable must be the subject of a written report sent by the seizing agency to the Motor Vehicle Division of the Department of Revenue and Taxation, which. The report must include a description of the motor vehicle or motor vehicle part, its color, if any, the date, time, and place of its seizure, the name of the person from whose possession or control it was seized, the grounds for its seizure, and the location where it is held or stored.
(M) When an applicant for a certificate of title or salvage certificate presents to the Motor Vehicle Division of the Department of Revenue and Taxation proof that the applicant purchased or acquired a motor vehicle at the public sale conducted pursuant to this section and that fact is attested to by the seizing agency, the division shall issue a certificate of title, or salvage certificate for the motor vehicle upon receipt of the statutory fee, properly executed application for a certificate of title, or other certificate of ownership, and the affidavit of the seizing agency that a state-assigned number was applied for and affixed to the motor vehicle prior to the time that before the motor vehicle was released by the seizing agency to the purchaser."
SECTION 100. Section 56-31-50(C), (D), and (E) of the 1976 Code, as last amended by Section 1502, Act 181 of 1993, is further amended to read:
"(C) On February fifteenth of each year all rental companies engaged in the business of renting private passenger motor vehicles which collect surcharges pursuant to this section shall file a report with the Department of Revenue and Taxation stating the total amount of South Carolina personal property taxes on private passenger motor vehicles paid in the previous calendar year, the total amount of private passenger motor vehicle rental revenues earned on rentals in South Carolina for the previous calendar year, and the amount by which the total amount of the surcharges for the previous year exceeds the total amount of personal property taxes on private passenger motor vehicles paid for the previous calendar year. All surcharge revenues collected in excess of the total amount of personal property taxes on private passenger motor vehicles must be remitted to the Department of Revenue and Taxation for deposit in the state general fund.
(D) Any A rental company which makes a false report to the Department of Revenue and Taxation with the intent to misrepresent the amount of personal property taxes on private passenger motor vehicles paid or the amount of surcharges collected is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not exceeding more than one thousand dollars or by a term of imprisonment imprisoned not exceeding more than one year, or both. Each violation constitutes a separate offense.
(E) The South Carolina Department of Revenue and Taxation shall promulgate those regulations necessary to implement the provisions of this section and shall provide the necessary forms to meet the filing requirements of this section."
SECTION 101. Sections 56-1-410, 56-1-520, 56-1-530, 56-1-840, 56-1-1120, and 56-5-4940 of the 1976 Code are repealed.
SECTION 102. References in the 1976 Code to the Department of Revenue and Taxation mean the Department of Revenue. Subject to the availability of funds, the South Carolina Code Commissioner shall change references to the Department of Revenue and Taxation in the 1976 Code to the Department of Revenue.
SECTION 103. This act takes effect upon approval by the Governor.