South Carolina General Assembly
111th Session, 1995-1996

Bill 1162


                    Current Status

Bill Number:                    1162
Ratification Number:            459
Act Number:                     459
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960221
Primary Sponsor:                Martin 
All Sponsors:                   Martin 
Drafted Document Number:        res9923
Date Bill Passed both Bodies:   19960521
Date of Last Amendment:         19960514
Governor's Action:              S
Date of Governor's Action:      19960605
Subject:                        Dealer license plates, county
                                economic development employee

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960715  Act No. A459
------  19960605  Signed by Governor
------  19960530  Ratified R459
Senate  19960521  Concurred in House amendment, 
                  enrolled for ratification
House   19960515  Read third time, returned to Senate
                  with amendment
House   19960514  Amended, read second time
House   19960509  Committee report: Favorable with         21 HEPW
                  amendment
House   19960402  Introduced, read first time,             21 HEPW
                  referred to Committee
Senate  19960328  Read third time, sent to House
Senate  19960327  Amended, read second time
Senate  19960326  Committee report: Favorable with         15 ST
                  amendment
Senate  19960221  Introduced, read first time,             15 ST
                  referred to Committee

View additional legislative information at the LPITS web site.


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

(A459, R459, S1162)

AN ACT TO AMEND SECTIONS 7-13-710, 8-11-10, 12-36-1710, 12-37-220, 12-37-2660, 12-37-2725, 12-37-2727, 12-43-220, 12-43-300, 12-45-70, 12-49-225, 12-49-271, 12-49-310, 12-54-240, 14-7-130, 15-9-350, 15-9-360, 15-9-370, 23-31-140, 24-3-110, 31-17-320, 31-17-360, 31-17-380, 31-17-410, 36-9-307, 36-9-319, 38-73-455, 38-77-113, 38-77-340, 43-5-620, 44-43-30, 44-43-70, 56-1-10, 56-1-270, 56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340, 56-1-350, 56-1-360, 56-1-365, 56-1-380, 56-1-410, 56-1-420, 56-1-460, 56-1-475, 56-1-510, 56-1-540, 56-1-630, 56-1-740, 56-1-770, 56-1-790, 56-1-810, 56-1-850, 56-1-1030, 56-1-1090, 56-1-1130, 56-1-1320, 56-1-1340, 56-1-1730, 56-1-1760, 56-1-2050, 56-1-2110, 56-1-2140, 56-3-360, 56-3-665, 56-3-2340, 56-5-6230, 56-10-10, 56-10-20, 56-10-40, 56-10-220, 56-15-560, AND 56-29-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PROVISIONS, BUSINESS HOURS FOR DEPARTMENTS OF STATE GOVERNMENT, EXCISE TAXES ON CERTAIN MOTOR VEHICLE SALES, EXEMPTION FROM TAXES, THE LISTING OF LICENSE REGISTRATION APPLICATIONS, THE CANCELLATION OF CERTAIN LICENSE PLATE AND REGISTRATION CERTIFICATES, THE RETROACTIVE APPLICATION OF SECTION 12-37-2750, THE EQUALIZATION AND REASSESSMENT OF TAXES, THE TIME FOR PAYING AND COLLECTING TAXES, THE ENFORCED COLLECTION OF TAXES, THE REQUIREMENT AS TO COMPLIANCE WITH THE DEPARTMENT OF REVENUE AND TAXATION REGULATIONS, THE PREPARATION OF JURY LISTS, SUMMONS, PUBLICATION AND SERVICE, THE PURCHASE OF A PISTOL, MANUFACTURING LICENSE PLATES, MOBILE HOME LICENSING REQUIREMENTS, MOBILE HOME MOVING PERMITS, MOVING MOBILE HOMES, OBTAINING A MOBILE HOME CERTIFICATE OF TITLE, MOBILE HOME BUYER PROTECTION, SALE OF SECURED PROPERTY WITHOUT CONSENT, EXCEPTIONS TO CHANGING THE BASE RATE FOR AUTOMOBILE INSURANCE, CONDITIONS FOR WAIVING THE LICENSE REINSTATEMENT FEE, EXCLUSIONS FROM AUTOMOBILE INSURANCE COVERAGE, PROVIDING CERTAIN MOTOR VEHICLE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES, DISTRIBUTING FORMS AUTHORIZING ORGAN DONATION UPON LICENSE RENEWAL, RECRUITMENT FOR ORGAN DONORS AND DISSEMINATION OF INFORMATION, DRIVER'S LICENSES, THE SUSPENSION OF THE REGISTRATION OF VEHICLES REPORTED AS STOLEN, THE REQUIREMENT OF PROOF OF PAYMENT OF THE FEDERAL USE TAX, THE ISSUANCE OF FIRST-TIME REGISTRATION AND LICENSE PLATES, PAYMENT OF A FINE OR FORFEITURE OF A BOND FOR A TRAFFIC VIOLATION, MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, THE FULFILLMENT OF WARRANTY AGREEMENTS AND DEFINITIONS RELATING TO THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, SO AS TO DEVOLVE CERTAIN FUNCTIONS OF THE DEPARTMENT OF REVENUE AND TAXATION MOTOR VEHICLE DIVISION UPON THE DEPARTMENT OF PUBLIC SAFETY, AND TO REVISE CERTAIN OTHER DEPARTMENTAL REFERENCES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE LOANED TO AN ECONOMIC DEVELOPMENT ENTITY; TO AMEND SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT'S ACQUISITION AND DISPOSITION OF VEHICLES, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 1-30-95, AS AMENDED, RELATING TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO REVISE EXEMPTED ITEMS THE DEPARTMENT OF PUBLIC SAFETY MAY PROCURE; TO AMEND SECTIONS 12-4-10 AND 12-4-15, BOTH AS AMENDED, RELATING TO THE CREATION OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO THE ISSUANCE OF TAX NOTICES AND PAID RECEIPTS, SO AS TO REVISE THE PROCESS OF ISSUING NOTICES AND RECEIPTS AND TO TRANSFER CERTAIN AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 12-49-290, AS AMENDED, RELATING TO THE RIGHTS OF MORTGAGEES AND OTHERS, SO AS TO REVISE THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 12-49-330, AS AMENDED, RELATING TO THE RIGHTS OF A LIENHOLDER WITH A SECURITY INTEREST FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION MOTOR VEHICLE DIVISION, SO AS TO REVISE THE AUTHORITY OF THIS AGENCY; TO AMEND SECTION 16-17-680, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF CERTAIN ITEMS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 17-5-130, AS AMENDED, RELATING TO QUALIFICATIONS FOR CORONER, SO AS TO TRANSFER CERTAIN AUTHORITY FROM THE LAW ENFORCEMENT TRAINING COUNCIL TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 19-5-30, AS AMENDED, RELATING TO THE ADMISSIBILITY OF CERTAIN COPIES OF MOTOR VEHICLE RECORDS, SO AS TO REVISE THE TYPES OF COPIES THAT ARE ADMISSIBLE AND TO TRANSFER CERTAIN AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED ON VARIOUS LICENSES TO BE USED TO COLLECT CHILD SUPPORT OBLIGATIONS, SO AS TO REVISE THE INFORMATION THAT MUST BE PROVIDED; TO AMEND SECTION 20-7-945, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF CERTAIN LICENSES, SO AS TO REVISE THE REVOCATION REVIEW PROCEDURE AND TO PROVIDE A PROCEDURE TO INDEMNIFY A LICENSING ENTITY FROM CONSEQUENCES THAT MAY RESULT FROM THE REVOCATION OF A LICENSE; TO AMEND SECTIONS 23-6-20 AND 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS DUTIES AND POWERS; TO AMEND SECTION 23-6-50, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S ANNUAL AUDIT, SO AS TO PROVIDE THAT CERTAIN REVENUES GENERATED BY THE DEPARTMENT DURING A PRIOR FISCAL YEAR MAY BE CARRIED FORWARD TO THE CURRENT FISCAL YEAR; TO ADD SECTIONS 23-6-90 AND 23-6-145 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SECURITY FOR CERTAIN GOVERNMENTAL FACILITIES AND TO PROVIDE THAT CERTAIN DEPARTMENT OFFICERS MAY STOP CERTAIN MOTOR VEHICLES AND REQUIRE THE DRIVER TO PRODUCE CERTAIN INFORMATION; TO AMEND SECTION 26-6-300, AS AMENDED, RELATING TO THE CREATION OF THE DIVISION OF MOTOR VEHICLE RECORDS AND VEHICLE INSPECTIONS, SO AS TO CHANGE ITS NAME AND REVISE ITS RESPONSIBILITIES; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE CERTAIN QUALIFICATIONS; TO AMEND CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO TRANSFER ADMINISTRATION OF THE HALL OF FAME FROM A COMMITTEE TO THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE THE COMMITTEE ADVISORY, TO CHANGE CHAIRMANSHIP OF THE COMMITTEE, TO CLARIFY REFERENCES, TO DIRECT THE COMMITTEE TO PROVIDE TOURS AND PROGRAMS, AND TO REMOVE THE COMMITTEE'S AUTHORITY TO EMPLOY STAFF; TO AMEND SECTIONS 23-28-20, AS AMENDED, 23-28-30, 23-28-40, 23-28-60, 23-28-80, AND 23-28-90, ALL RELATING TO RESERVE LAW ENFORCEMENT OFFICER TRAINING, SO AS TO TRANSFER VARIOUS DUTIES TO THE DEPARTMENT OF PUBLIC SAFETY AND ITS CRIMINAL JUSTICE ACADEMY DIVISION, AND TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 23-47-20, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO TRANSFER OPERATOR TRAINING DUTIES TO THE CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, AND TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 31-17-340, AS AMENDED, RELATING TO MOBILE HOME LICENSES, SO AS TO CLARIFY REFERENCES; TO AMEND SECTIONS 38-55-530 AND 38-55-570, BOTH AS AMENDED, BOTH RELATING TO INSURANCE FRAUD AND REPORTING, SO AS TO MAKE CERTAIN TECHNICAL CHANGES; TO AMEND SECTION 38-77-1120, AS AMENDED, RELATING TO DEFINITIONS FOR MOTOR VEHICLE THEFT AND FRAUD REPORTING, SO AS TO DELETE REFERENCES TO THE DIVISION OF THE STATE HIGHWAY PATROL; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS PROHIBITED FROM OBTAINING A DRIVER'S LICENSE, SO AS TO CLARIFY PROVISIONS PERTAINING TO NONRESIDENTS; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A DRIVER'S LICENSE, SO AS TO TRANSFER CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SERVICE, TO REVISE THESE PROCEDURES, AND TO DELETE PENALTIES; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO IDENTIFICATION REQUIRED TO OBTAIN A DRIVER'S LICENSE, SO AS TO TRANSFER CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY AND TO CLARIFY DOCUMENTATION REQUIRED; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS, FEES, AND CLASSES OF LICENSES, SO AS TO PROVIDE FOR AN "APPROPRIATE" RATHER THAN A FIXED FEE AND TO REVISE THE WEIGHT OF VEHICLES FOR CERTAIN LICENSE CLASSES; TO ADD SECTION 56-1-141, SO AS TO PROVIDE THAT A PASSING GRADE FROM A QUALIFIED EDUCATION PROGRAM FROM A SECONDARY SCHOOL IS CERTIFICATION THAT DEPARTMENT STANDARDS HAVE BEEN MET; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO EXPIRATION AND RENEWAL OF DRIVER'S LICENSES, SO AS TO AUTHORIZE RENEWAL BY MAIL OF A DIGITIZED LICENSE; TO AMEND SECTION 56-1-280, AS AMENDED, RELATING TO MANDATORY SUSPENSION AND REVOCATION OF DRIVER'S LICENSES, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO REVOKE OR SUSPEND LICENSES FOR CAUSES REQUIRED BY OTHER LAWS OF THIS STATE; TO ADD SECTION 56-1-285 SO AS TO AUTHORIZE THE DEPARTMENT TO REVOKE OR REFUSE TO RENEW A LICENSE FOR FAILURE TO PAY A FEE OR TAX; TO ADD SECTION 56-1-288 SO AS TO AUTHORIZE THE DEPARTMENT TO GARNISH AN INCOME TAX REFUND IN LIEU OF REVOCATION FOR FAILURE TO COMPLY WITH FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-1-37O, RELATING TO THE RIGHT OF A LICENSEE TO REQUEST A REVIEW AFTER NOTIFICATION OF A SUSPENSION OR OTHER ACTION BY THE DEPARTMENT, SO AS TO CHANGE A REFERENCE FROM COUNTY TO JUDICIAL CIRCUIT AND CLARIFY OTHER REFERENCES; TO AMEND SECTION 56-1-390, RELATING TO THE FEE FOR REINSTATEMENT OF THE LICENSE, SO AS TO CLARIFY A REFERENCE AND AUTHORIZE THE DIRECTOR OR HIS DESIGNEE TO WAIVE OR RETURN THE REINSTATEMENT FEE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-1-400, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PUBLIC SAFETY, UPON SUSPENDING OR REVOKING A LICENSE, REQUIRE THAT THE LICENSE BE SURRENDERED TO THE DEPARTMENT, SO AS TO CLARIFY REFERENCES AND DELETE REFERENCES TO THE SURRENDERING OF THE LICENSE TO THE DEPARTMENT OF REVENUE AND TAXATION AND THE NOTIFICATION REQUIREMENTS; TO AMEND SECTION 56-1-463, RELATING TO THE REQUIREMENT THAT SECTION 56-1-560 DOES NOT APPLY IF AND WHEN THE PROPOSED SUSPENSION IS BASED SOLELY ON THE LACK OF NOTICE BEING GIVEN TO THE DEPARTMENT, SO AS TO CLARIFY THE REFERENCE AND SPECIFY THAT FINES OR PENALTIES ARE DUE TO THE COURT; TO ADD SECTION 56-1-478 SO AS TO AUTHORIZE THE DEPARTMENT TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES AND POLITICAL SUBDIVISIONS FOR THE COLLECTION OF FINES, FEES, OR OTHER COSTS WHICH RESULTED IN THE REVOCATION OF A PERSON'S DRIVING PRIVILEGES OF A PERSON APPLYING FOR A DRIVER'S LICENSE OR RENEWING A DRIVER'S LICENSE IN THIS STATE; TO AMEND SECTION 56-1-640 TO CHANGE A REFERENCE FROM THE LICENSING AUTHORITY OF THE PARTY STATE TO THE DEPARTMENT AND FROM A REFERENCE TO JURISDICTION TO SOUTH CAROLINA; TO AMEND SECTION 56-1-650, RELATING TO THE REPORTING OF CERTAIN VIOLATIONS BY THE LICENSING AUTHORITY IN THE HOME STATE, SO AS TO DELETE REFERENCES TO LICENSING AUTHORITY AND SUBSTITUTE THE REQUIREMENT THAT A STATE THAT IS A MEMBER OF THE DRIVER'S LICENSE COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A CONVICTION FOR CERTAIN CRIMES, CLARIFY DESCRIPTIONS OF CERTAIN CRIMES, PROVIDE THAT IF THE VIOLATIONS LISTED IN THIS SECTION ARE NOT PRECISELY THE SAME WORDS USED BY A MEMBER STATE, THE MEMBER STATE SHALL CONSTRUE THE DESCRIPTION TO APPLY TO OFFENSES OF THE MEMBER STATE THAT ARE SUBSTANTIALLY SIMILAR TO THE ONES DESCRIBED, REQUIRE THAT A STATE AS A MEMBER OF THE COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A CONVICTION WHERE ANY OTHER OFFENSE OR ANY OTHER INFORMATION CONCERNING CONVICTIONS THAT THE MEMBER STATES AGREE TO REPORT, PROVIDE THAT FOR A CONVICTION THAT IS NOT REQUIRED TO BE REPORTED UNDER THIS SECTION, THE PROVISIONS OF SECTION 56-1-320 SHALL GOVERN THE EFFECT OF THE REPORT CONVICTION IN THIS STATE AND PROVIDE THAT FOR A CONVICTION THAT IS NOT REQUIRED TO BE REPORTED UNDER THIS SECTION NOTICE OF THE CONVICTION MUST BE RECEIVED BY THE DEPARTMENT FOR PURPOSES OF SUSPENSION OR REVOCATION WITHIN ONE YEAR OF THE DATE OF CONVICTION; TO AMEND SECTION 56-1-670, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT AND TO SOUTH CAROLINA; TO AMEND SECTION 56-1-680, SO AS TO CHANGE REFERENCES FROM THE HEAD OF THE LICENSING AUTHORITY OF EACH PARTY STATE TO THE DIRECTOR OR HIS DESIGNEE OF THE DEPARTMENT FOR PURPOSES OF FORMULATING NECESSARY PROCEDURES FOR THE EXCHANGE OF INFORMATION UNDER THE COMPACT; TO AMEND SECTION 56-1-746, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR OFFENSES RELATING TO THE POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE A REFERENCE FOR AN OFFENSE FROM SECTION 56-1-510(4) TO SECTION 56-1-510(5); TO AMEND SECTION 56-1-800, RELATING TO COPIES OF PROCEEDINGS HELD UNDER THE PROVISIONS OF ARTICLE 3, CHAPTER 1 OF THIS TITLE, SO AS TO INCLUDE A REFERENCE TO AN OPTICAL DISK AND TO PROVIDE THAT IT IS DEEMED A TRUE COPY WHEN CERTIFIED BY THE DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 56-1-820, RELATING TO THE RIGHT OF A LICENSEE TO REQUEST IN WRITING A REVIEW AFTER NOTICE OF SUSPENSION, SO AS TO DELETE REFERENCES TO REVIEW AND PROVIDE THAT HE HAS THE RIGHT TO AN ADMINISTRATIVE HEARING AND TO CLARIFY A REFERENCE; TO AMEND SECTION 56-1-1020, RELATING TO THE MEANING OF A HABITUAL OFFENDER, AS DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO CLARIFY REFERENCES AND DELETE THE DEFINITION OF CONVICTION UNDER THIS SECTION AND A REFERENCE TO THE APPLICABILITY OF ARTICLE 5, CHAPTER 1 OF THIS TITLE TO CONVICTIONS WHICH OCCURRED PRIOR TO JUNE 14, 1973; TO AMEND SECTION 56-1-1100, RELATING TO THE OPERATION OF A MOTOR VEHICLE IN THIS STATE WHILE THE DECISION OF THE DEPARTMENT PROHIBITING ITS OPERATION IS IN EFFECT, SO AS TO DELETE THE CRIME OF UNLAWFULLY OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE DEPARTMENT REMAINS IN EFFECT, AND CLARIFYING REFERENCES; TO AMEND SECTION 56-1-1330, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CORRECT CERTAIN REFERENCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND OTHER REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-1-2100, RELATING TO A COMMERCIAL DRIVER'S LICENSE, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND CHANGE FROM THE FOURTH TO THE FIFTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT WAS ISSUED THE EXPIRATION OF THE LICENSE; TO AMEND SECTION 56-1-2130, RELATING TO TESTS FOR ALCOHOL OR DRUGS AND THE PRESUMPTION OF CONSENT, SO AS TO CLARIFY A REFERENCE AND DELETE A REFERENCE TO THE REQUIREMENT THAT THE DEPARTMENT BE NOTIFIED IF THE DRIVER IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-3350, RELATING TO SPECIAL IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT, SO AS TO CHANGE REFERENCES FROM THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, DELETE THE REQUIREMENT FOR THE SIGNATURE OF THE DIRECTOR OF A FACILITY THAT PROVIDES CARE OR SHELTER TO A HOMELESS PERSON CERTIFYING THAT THE PERSON NAMED IN THE LETTER IS HOMELESS BE DELETED, AND DELETE THE REQUIREMENT THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND TITLE 56 OF THE 1976 CODE BY ADDING CHAPTER 2 SO AS TO PROVIDE THAT THE DEPARTMENT MUST REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID PROPERTY TAXES WITHIN THE TIME LIMITS PRESCRIBED, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE TO COUNTY TREASURERS OR COUNTY TAX COLLECTORS BIENNIAL LICENSE PLATES AND REVALIDATION DECALS, AND THAT THESE OFFICIALS SHALL GIVE THEM TO A MOTOR VEHICLE OWNER, AND TO PROVIDE THAT VALIDATION DECALS MUST BE ISSUED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS; TO AMEND SECTION 56-3-240, RELATING TO CONTENTS OF AN APPLICATION FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE REQUIREMENTS OF THE ODOMETER DISCLOSURE STATEMENT; TO AMEND SECTION 56-3-376, RELATING TO THE ESTABLISHMENT OF A SYSTEM OF REGISTRATION OF CERTAIN MOTOR VEHICLES ON A MONTHLY BASIS AND THE ASSIGNMENT OF ANNUAL REGISTRATION PERIODS, SO AS TO PROVIDE FOR BIENNIAL REGISTRATIONS OF THESE VEHICLES; TO AMEND SECTION 56-3-620, RELATING TO BIENNIAL REGISTRATION FEES FOR PERSONS OVER SIXTY-FIVE OR WHO ARE HANDICAPPED AND SECTION 56-3-630, RELATING TO FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO REVISE AND FURTHER PROVIDE FOR CERTAIN TERMS; TO AMEND SECTION 56-3-660, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO REVISE THE MANNER IN WHICH THE LICENSE FEES SHALL BE DEPOSITED AND USED; TO AMEND SECTION 56-3-670, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO DELETE LANGUAGE REQUIRING A PERSON TO CERTIFY TO THE DEPARTMENT THAT HE IS A BONA FIDE FARMER; TO AMEND SECTION 56-3-710, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO CHANGE CERTAIN REFERENCES; TO AMEND SECTION 56-3-720, RELATING TO FEES FOR CAMPUS AND TRAVEL TRAILERS, SO AS TO REVISE THE MANNER IN WHICH VEHICLES ARE INCLUDED IN THIS CLASSIFICATION; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT LICENSE PLATES FOR CERTAIN GOVERNMENTAL VEHICLES, SO AS TO REVISE THE TYPES OF GOVERNMENTS TO WHICH THE SECTION APPLIES AND THE WORDS SUCH PLATES MUST BEAR; TO AMEND SECTIONS 56-3-1010, 56-3-1020, AND 56-3-1040, RELATING TO FLEET MOTOR VEHICLES, SO AS TO CHANGE CERTAIN REFERENCES AND PROVIDE THE DEPARTMENT MAY AUTHORIZE SELECT FLEET OPERATORS TO ISSUE SPECIAL LICENSE PLATES AND REGISTRATION CARDS FOR THEIR OWN FLEET VEHICLES; TO AMEND SECTION 56-3-1110, RELATING TO FREE VEHICULAR REGISTRATION FOR DISABLED VETERANS, SO AS TO REVISE THE VEHICLES TO WHICH THE SECTION APPLIES AND PROVIDE THAT SURVIVING SPOUSES OF SUCH VETERANS ARE ALSO ELIGIBLE TO OBTAIN SUCH PLATE SO LONG AS THEY DO NOT REMARRY; TO AMEND SECTION 56-3-1150, RELATING TO FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO REVISE THE VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-1320, RELATING TO FEES FOR REPLACEMENT PLATES AND STICKERS, SO AS TO REVISE THE MANNER IN WHICH THE FEES ARE DETERMINED; TO AMEND SECTION 56-3-1330, RELATING TO SUSPENSION, CANCELLATION, OR REVOCATION OF REGISTRATIONS AND LICENSINGS, SO AS TO DELETE CERTAIN JURISDICTION OF THE CIRCUIT COURT OVER THESE MATTERS; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE APPLICATION PROCEDURE FOR SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO AMEND SECTIONS 56-3-1610, 56-3-1620, AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, SO AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE APPLICATION PROCEDURES FOR SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO AMEND SECTION 56-3-1710, RELATING TO THE DESIGN OF PLATES FOR PUBLICALLY-OWNED VEHICLES, SO AS TO FURTHER PROVIDE FOR SUCH DESIGN AND THE APPLICABILITY OF THE PROVISIONS OF THE SECTION; TO AMEND SECTIONS 56-3-1750, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE MILITARY RESERVE, 56-3-1810, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, AND 56-3-1850, RELATING TO SPECIAL LICENSE PLATES FOR MEDAL OF HONOR RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPE OF VEHICLES TO WHICH THESE SECTIONS APPLY; TO AMEND SECTIONS 56-3-1971, 56-3-1972, 56-3-1973, AND 56-3-1974, RELATING TO THE UNIFORM PARKING VIOLATIONS TICKET, SO AS TO REVISE THE PROCEDURES GOVERNING ITS ISSUANCE, FORM, AND CONTENT; TO AMEND SECTIONS 56-3-2010 AND 56-3-2030, RELATING TO PERSONALIZED LICENSE PLATES, SO AS TO REVISE THE MANNER IN WHICH AND VEHICLES FOR WHICH THESE PLATES MAY BE ISSUED; TO AMEND SECTION 56-3-2150, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO REVISE THE TYPE OF VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-2320, RELATING TO DEALER LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF THE SECTION IN REGARD TO THE TESTING OR DEMONSTRATION OF TRUCKS; TO AMEND SECTION 56-3-2380, RELATING TO DENIAL OF APPLICATIONS FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE REGULATIONS IN REGARD THERETO; TO AMEND SECTION 56-3-2810, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTION 56-3-3310, RELATING TO SPECIAL LICENSE PLATES FOR PURPLE HEART RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL COLLEGE OR UNIVERSITY LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE PLATES AND FOR THE DISTRIBUTION OF THE FUNDS COLLECTED FROM THE FEES THEREFOR; TO AMEND SECTION 56-3-3910, RELATING TO COMMEMORATIVE LICENSE PLATES FOR THE STATE DANCE, SECTION 56-3-3950, RELATING TO "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, AND SECTION 56-3-4310, RELATING TO SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO WHICH THESE SECTIONS APPLY; TO AMEND SECTION 56-3-4510, AS AMENDED, RELATING TO SPECIAL COMMEMORATIVE LICENSE PLATES FOR NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO PROVIDE THE DEPARTMENT OF REVENUE AND TAXATION SHALL ISSUE A SPECIAL COMMEMORATIVE MOTOR VEHICLE LICENSE PLATE FOR USE BY THE OWNER ON HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND SECTION 56-3-4710, AS AMENDED, RELATING TO THE ISSUANCE OF SOUTH CAROLINA STATE GUARD LICENSE PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY ISSUE A SPECIAL MOTOR VEHICLE LICENSE PLATE TO A MEMBER OF THE GUARD FOR A MOTOR VEHICLE OWNED BY THE MEMBER; TO AMEND SECTION 56-3-4910, AS AMENDED, RELATING TO SOUTH CAROLINA FIREFIGHTERS' LICENSE PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY ISSUE SOUTH CAROLINA FIREFIGHTERS LICENSE PLATES TO A RESIDENT FOR A PRIVATE PASSENGER MOTOR VEHICLE OWNED BY HIM AND TO PROVIDE FOR THE DISBURSEMENT OF THE FUNDS; TO AMEND SECTION 56-3-5910, RELATING TO PEARL HARBOR SURVIVORS' LICENSE PLATES, SO AS TO PROVIDE AN OWNER OF A PRIVATE PASSENGER MOTOR VEHICLE MAY APPLY FOR A PEARL HARBOR SURVIVOR'S LICENSE PLATE; TO AMEND SECTION 56-3-5930, RELATING TO PROOF OF ELIGIBILITY FOR A PEARL HARBOR LICENSE PLATE, SO AS TO PROVIDE A PEARL HARBOR LICENSE PLATE MAY BE ISSUED ONLY TO AN APPLICANT FOR HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND SECTION 56-5-60, AS AMENDED, RELATING TO REQUIREMENTS FOR ENVELOPES MAILED BY THE DEPARTMENT CONTAINING CERTAIN NOTICES, SO AS TO DELETE THE PHRASE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO AN INDIVIDUAL'S FAILURE TO STOP HIS MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE THE DEPARTMENT MUST SUSPEND A PERSON'S DRIVER'S LICENSE FOR A FIRST OFFENSE FOR AT LEAST THIRTY DAYS FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE BY MEANS OF A SIREN OR FLASHING LIGHT AND FOR A SECOND OFFENSE THE PERSON'S DRIVER'S LICENSE MUST BE REVOKED BY THE DEPARTMENT FOR A PERIOD OF ONE YEAR AND TO DELETE THE TERM "CONVICTION" AND ITS DEFINITION AND TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO KEEP A NONPUBLIC RECORD OF A PERSON'S OFFENSE FOR FAILING TO STOP FOR A SIGNALING LAW ENFORCEMENT VEHICLE AFTER THE OFFENDER'S RECORD IS EXPUNGED; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DELETE THE PHRASE "SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-1270, RELATING TO ACCIDENT REPORTS WHICH STATE AN INJURY OR DEATH OCCURRED OR PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE, SO AS TO REQUIRE AN OWNER OR OPERATOR INVOLVED IN AN ACCIDENT NOT INVESTIGATED BY A LAW ENFORCEMENT OFFICER WITH TOTAL PROPERTY DAMAGE OF ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT AND PROOF OF LIABILITY INSURANCE TO THE DEPARTMENT AND TO REQUIRE A LAW ENFORCEMENT OFFICER WHO INVESTIGATES A MOTOR VEHICLE ACCIDENT THAT RESULTS IN INJURY TO OR DEATH OF ANY PERSON OR TOTAL PROPERTY DAMAGE TO AN APPARENT EXTENT OF ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT INCLUDING THE NAMES OF INTERVIEWED PARTICIPANTS AND WITNESSES; TO AMEND SECTION 56-5-1350, RELATING TO THE DEPARTMENT'S ANALYSIS AND STATISTICS ON REPORTED ACCIDENTS, SO AS TO LIMIT THE DEPARTMENT'S REPORT TO ACCIDENT REPORTS FILED PURSUANT TO SECTION 56-5-1270; TO AMEND SECTION 56-5-2585, RELATING TO THE EXEMPTION OF MUNICIPAL PARKING METER FEES BY DISABLED VETERANS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-2980, RELATING TO COPIES OF ACCIDENT REPORTS PURSUANT TO SECTION 56-5-2970 AS PRIMA FACIE EVIDENCE OF A PREVIOUS CONVICTION, SO AS TO ALLOW COPIES OF AN ACCIDENT REPORT ON AN OPTICAL DISK TO BE USED AS PRIMA FACIE EVIDENCE OF ONLY A PRIOR CONVICTION AGAINST AN OFFENDER AND TO DELETE THE PHRASE "MOTOR VEHICLE DIVISION" AND REPLACE IT WITH THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT" AND TO DELETE THE PHRASE "SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE" AND REPLACE IT WITH THE PHRASE "DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES"; TO AMEND SECTION 56-5-3750, AS AMENDED, RELATING TO THE SALE OF MOPEDS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4035, RELATING TO PERMITS FOR VEHICLES CARRYING CULVERT PIPES, SO AS TO DELETE THE PROVISION THAT THE DEPARTMENT OF PUBLIC SAFETY MAY INSTITUTE REGULATIONS FOR THE SALE OF PERMITS TO VEHICLES CARRYING CULVERT PIPES AND TO MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO THE REGULATION OF LENGTH OF VEHICLES ON HIGHWAYS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF PUBLIC SAFETY" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4075, AS AMENDED, RELATING TO REGULATIONS GOVERNING VEHICULAR TRAFFIC ON HIGHWAYS, SO AS TO DELETE THE PHRASES "DEPARTMENT OF PUBLIC SAFETY" AND "THE DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4095, AS AMENDED, RELATING TO THE TRANSPORTATION OF MODULAR OR SECTIONAL HOUSING UNITS ON THE STATE'S PUBLIC HIGHWAYS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE PHRASE "DEPARTMENT OF TRANSPORTATION"; TO AMEND SECTION 56-5-4140, AS AMENDED, RELATING TO THE GROSS WEIGHT OF VEHICLES OPERATED ON A HIGHWAY IN THE STATE, SO AS TO PROVIDE THAT A VEHICLE OR COMBINATION OF VEHICLES OPERATED OR MOVED ON THE HIGHWAY OR INTERSTATE MUST MEET AXLE SPACING REQUIREMENTS AND MAXIMUM OVERALL GROSS WEIGHTS AS PROVIDED IN SUBSECTION (B) AND TO PROVIDE THAT VEHICLES UP TO EIGHTY THOUSAND POUNDS MAY OPERATE UPON ANY HIGHWAY WITH RESTRICTIONS AS PROVIDED IN THIS SECTION AND TO DELETE GUIDELINES FOR THE GROSS WEIGHT OF VEHICLES WITH ONE AND TWO AXLES AND VEHICLES WHICH HAVE BEEN ISSUED A SPECIAL PERMIT BY THE DEPARTMENT OF REVENUE AND TAXATION AND TO MAKE CHANGES IN THE TABLE WHICH DENOTES THE MAXIMUM WEIGHT VEHICLES ARE ALLOWED WITH TWO OR MORE CONSECUTIVE AXLES, AND TO DELETE PROVISIONS REGARDING THE ENFORCEMENT OF A MORATORIUM OF THE THIRTY-FOUR THOUSAND POUNDS TANDEM AXLE LIMIT AND THE FEDERAL BRIDGE FORMULA AND TO PROVIDE CERTAIN TYPES OF VEHICLES ARE LIMITED TO A WEIGHT OF TWENTY THOUSAND POUNDS FOR EACH AXLE AND TO REQUIRE CONCRETE MIXING TRUCKS WORKING WITHIN A FIFTEEN MILE RADIUS OF THEIR HOME BASE MAY NOT WEIGH MORE THAN SIXTY-SIX THOUSAND POUNDS AND TO PROVIDE WEIGHT GUIDELINES FOR WELL-DRILLING, BORING RIGS, AND TENDER TRUCKS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO THE REGISTRATION AND INVESTIGATION BY THE DEPARTMENT OF REVENUE AND TAXATION OF VEHICLES WHICH TRANSPORT PROPERTY OR TEN OR MORE PERSONS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4160, AS AMENDED, RELATING TO PENALTIES FOR VEHICLES WHICH EXCEED THE GROSS WEIGHT IMPOSED BY SECTION 56-5-4130 OR 56-5-4140, SO AS TO PROVIDE FOR THE DISBURSEMENT OF FINES COLLECTED FROM VEHICLES WHICH CARRY EXCESS WEIGHT; TO AMEND SECTION 56-5-4192, AS AMENDED, RELATING TO THE MOVEMENT OF A MOBILE HOME ON HIGHWAYS OF THIS STATE ON SATURDAYS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-4720, AS AMENDED, RELATING TO THE USE OF OSCILLATING, ROTATING, OR FLASHING RED LIGHTS ON STATE DEPARTMENT HIGHWAYS AND PUBLIC TRANSPORTATION VEHICLES, SO AS TO DELETE THE TERM "DEPARTMENT" AND ADD THE PHRASE "DEPARTMENT OF TRANSPORTATION"; TO AMEND SECTION 56-5-4880, AS AMENDED, RELATING TO THE INSPECTION OF BRAKES OF MOTOR-DRIVEN CYCLES BY THE DEPARTMENT, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5010, AS AMENDED, RELATING TO THE SAFETY GLASS IN MOTOR VEHICLES, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO THE DUTIES OF A PERSON WHO DEMOLISHES VEHICLES, SO AS TO DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-5810, RELATING TO DEFINITIONS FOR PURPOSES OF ABANDONED VEHICLES, SO AS TO REVISE DEFINITIONS WITH RESPECT TO SUCH VEHICLES AND TRANSFER ENFORCEMENT AUTHORITY; TO ADD SECTION 56-5-5820 SO AS TO DECLARE THAT ABANDONED AND DERELICT VEHICLES CONSTITUTE A HEALTH AND SAFETY HAZARD; TO AMEND SECTION 56-5-5840, RELATING TO ABANDONED VEHICLES, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO PROCEDURES EMPLOYED IN THE REMOVAL OF ABANDONED OR DERELICT VEHICLES, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 56-5-5870, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT TO PREPARE FOR THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS AND DELETE REFERENCES TO THE AUTHORITY OF THE DIRECTOR; TO AMEND SECTION 56-5-5880, RELATING TO AUTHORITY TO ENTER ONTO PROPERTY TO ENFORCE ABANDONED VEHICLE PROVISIONS, SO AS TO EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS; TO AMEND SECTION 56-5-5890, RELATING TO THE REQUIREMENT NOT TO HARM ABANDONED VEHICLES IN THE PROCESS OF REMOVAL, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 56-5-5900, RELATING TO THIRD PARTY LIABILITY FOR PENALTIES AND FEES WITH RESPECT TO ABANDONED VEHICLES, SO AS TO MAKE GRAMMATICAL CHANGES AND AUTHORIZE RECEIPT OF STOLEN VEHICLE REPORTS FROM OTHER STATES; TO AMEND SECTION 56-5-5910, RELATING TO PENALTIES FOR TAMPERING WITH IDENTIFYING TAGS, SO AS TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 56-5-5920, RELATING TO THE CIRCUMSTANCES UNDER WHICH VEHICLES ARE SUBJECT TO THE ABANDONMENT PROVISIONS, SO AS TO MAKE GRAMMATICAL CHANGES AND LIMIT THE APPLICATION OF THE ARTICLE TO VEHICLES PRESENTING AN IMMEDIATE HAZARD; TO AMEND SECTION 56-5-5940, RELATING TO ENFORCEMENT OF THE ABANDONED VEHICLE LAW, SO AS TO AUTHORIZE THE LANDOWNER WHERE A VEHICLE IS ABANDONED TO APPLY TO THE APPROPRIATE LAW ENFORCEMENT JURISDICTION TO ENFORCE THE ARTICLE; TO ADD SECTION 56-5-5945, SO AS TO PROVIDE FOR THE DUTIES OF DEMOLISHERS RECEIVING ABANDONED CARS; TO AMEND SECTION 56-5-5950, RELATING TO THE OFFENSE OF ABANDONING A VEHICLE, SO AS TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO REQUIRE APPROVAL OF THE TICKET FORM BY THE ATTORNEY GENERAL WITHIN THIRTY DAYS AND TO AUTHORIZE AUTOMATED TICKETS UPON APPROVAL BY THE DEPARTMENT; TO AMEND SECTION 56-7-12, AS AMENDED, RELATING TO INSURANCE VERIFICATION FOLLOWING A MOVING VIOLATION, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE FURNISHING OF THE INSURANCE VERIFICATION REQUEST FORM TO THE ALLEGED VIOLATOR AND TO TRANSFER ENFORCEMENT OF THIS PROVISION; TO AMEND SECTION 56-9-330, RELATING TO FEES FOR DRIVING RECORD ABSTRACTS AND ACCIDENT REPORTS, SO AS TO DELETE REFERENCES TO SPECIFIC FEES; TO ADD SECTION 56-9-505, SO AS TO AUTHORIZE A WAIVER OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS FOR SUSPENSIONS FOR FAILURE TO PAY PROPERTY TAXES UPON PROOF OF PAYMENT; TO AMEND SECTION 56-10-45, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION IN ENFORCING MANDATORY INSURANCE REQUIREMENTS, SO AS TO AUTHORIZE AGREEMENTS FOR ENFORCEMENT, TO IMPOSE AN ADDITIONAL FIFTY DOLLAR FINE FOR ITEMS RECOVERED TO BE CREDITED TO THE GENERAL FUND OF THE LOCAL JURISDICTION, AND TO TRANSFER GENERAL ENFORCEMENT AUTHORITY; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE CRIMINAL AND CIVIL PENALTIES FOR FAILING TO MAINTAIN INSURANCE ON A VEHICLE, SO AS TO DELETE THE INCREASED REINSTATEMENT FEE FOR SUBSEQUENT INSURANCE LAPSES, TO LIMIT TO TEN YEARS THE PERIOD REQUIRED TO BE CONSIDERED IN DETERMINING PRIOR CONVICTIONS FOR PURPOSES OF THE CRIMINAL PENALTY, AND TO TRANSFER ENFORCEMENT AUTHORITY; TO ADD CHAPTER 11 IN TITLE 56, RELATING TO MOTOR VEHICLES, SO AS TO PROVIDE FOR THE REVISED IMPOSITION OF THE ROAD TAX ON MOTOR CARRIERS AND PROVIDE FOR THE ENFORCEMENT OF THE CHAPTER; TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLES AND THE REQUIREMENT OF A LICENSE, SO AS TO, AMONG OTHER THINGS, CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-15-340, RELATING TO MOTOR VEHICLE RECORDS, SO AS TO REORGANIZE THE PROVISIONS OF THE SECTION; TO AMEND SECTION 56-15-570, RELATING TO WHOLESALE MOTOR VEHICLE AUCTIONS AND THE REQUIREMENT OF A SURETY BOND, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT A NEW BOND OR A PROPER CONTINUATION CERTIFICATE MUST BE DELIVERED TO THE ADMINISTERING AGENCY ANNUALLY BEFORE RENEWAL OF LICENSE; TO AMEND SECTION 56-16-140, RELATING TO REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS AND THE LICENSE FOR A DEALER OR WHOLESALER, FEES, AND PENALTIES FOR NONCOMPLIANCE, SO AS TO, AMONG OTHER THINGS, RESTATE THE LICENSING PERIOD; TO AMEND SECTION 56-16-170, RELATING TO RECORDS PERTAINING TO THE TRANSFER OF MOTORCYCLES AND PENALTIES FOR FAILURE TO KEEP RECORDS OR TO MAKE THEM AVAILABLE, SO AS TO REORGANIZE THE SECTION; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 17 SO AS TO ENACT PROVISIONS FOR CRIMINAL PENALTIES; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES AND DEFINITIONS, SO AS TO DEFINE "MOPED"; TO AMEND SECTION 56-19-240, AS AMENDED, RELATING TO APPLICATION FOR A MOTOR VEHICLE CERTIFICATE OF TITLE, FORM, AND CONTENTS, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT A TRANSFEROR MAY COMPLETE THE ODOMETER DISCLOSURE STATEMENT ON EITHER A NOTARIZED BILL OF SALE IN AN APPROVED FORMR ON THE PREVIOUS CERTIFICATE OF TITLE; TO AMEND SECTION 56-19-280, RELATING TO MOTOR VEHICLE CERTIFICATES OF TITLE, REFUSAL OF A CERTIFICATE, AND A VEHICLE WHICH IS REPORTED STOLEN OR CONVERTED, SO AS TO PROVIDE THAT A TITLE MAY BE ISSUED ON A VEHICLE THAT IS REPORTED STOLEN ONLY IN CASES WHERE THE SETTLEMENT TO AN INSURANCE COMPANY IS INVOLVED; TO AMEND SECTION 56-19-310, RELATING TO NUMBERING MOTOR VEHICLE CERTIFICATES ISSUED TO SUCCESSIVE OWNERS AND TWO TRANSFERS WHEN AN AUCTIONEER GIVES TITLE, SO AS TO DELETE THE PROVISION THAT TRANSFER OR SALE OF A VEHICLE THROUGH AN AUCTION SALE WHERE THE AUCTIONEER GIVES TITLE SHALL BE CONSIDERED A SALE; TO AMEND SECTION 56-19-340, RELATING TO THE MAILING OF THE MOTOR VEHICLE CERTIFICATE OF TITLE TO THE FIRST LIENHOLDER OR, IF NONE, TO THE OWNER, SO AS TO PROVIDE ALTERNATIVELY FOR THE CERTIFICATE OF TITLE TO BE GIVEN TO THE LIENHOLDER'S AUTHORIZED AGENT; TO AMEND SECTION 56-19-480, RELATING TO THE TRANSFER AND SURRENDER OF CERTIFICATES, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURER'S SERIAL PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO, AMONG OTHER THINGS, REQUIRE A REPORT INDICATING THE TYPE AND SEVERITY OF ANY DAMAGE TO THE VEHICLE; TO AMEND SECTION 56-19-650, RELATING TO THE PROCEDURE TO BE FOLLOWED WHEN AN OWNER CREATES A SECURITY INTEREST IN A MOTOR VEHICLE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE FOR THE SITUATION WHERE A SUPPLEMENTAL LIEN IS CREATED BY THE OWNER; TO AMEND SECTION 56-23-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT DRIVER TRAINING SCHOOLS BE LICENSED, SO AS TO DELETE UNNECESSARY LANGUAGE DEFINING "DEPARTMENT"; TO AMEND SECTION 56-25-10, AS AMENDED, RELATING TO NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER THINGS, DELETE THE AUTHORIZATION TO PROMULGATE REGULATIONS; TO AMEND SECTION 56-25-20, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A TRAFFIC CITATION ISSUED IN SOUTH CAROLINA OR ANY JURISDICTION HAVING THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THE SUSPENSION OF THE DRIVER'S LICENSE, AND PROVIDE FOR THE OPTION OF REFUSING TO RENEW THE LICENSE; TO AMEND SECTION 56-28-10, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES AND DEFINITIONS, SO AS TO PROVIDE THAT "MOTOR VEHICLE" MEANS A PRIVATE PASSENGER MOTOR VEHICLE AND REMOVE THE PROVISION EXCLUDING TRUCKS WITH A GROSS VEHICLE WEIGHT OVER SIX THOUSAND POUNDS FROM BEING COVERED UNDER THE TERM "MOTOR VEHICLE", AND TO PROVIDE THAT A "NEW MOTOR VEHICLE" MEANS, AMONG OTHER THINGS, A PRIVATE PASSENGER VEHICLE; TO AMEND SECTION 56-29-50, AS AMENDED, RELATING TO THE "MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT" AND FORFEITURE OF THE MOTOR VEHICLE, TOOLS, IMPLEMENTS, OR OTHER INSTRUMENTALITY, SO AS TO TRANSFER ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE FOR THE CERTIFICATION OF THE SEIZING AGENCY RATHER THAN ITS AFIDAVIT; TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES AND THE SURCHARGE ON THE RENTAL OF SUCH VEHICLES FOR THIRTY-ONE DAYS OR LESS, SO AS TO, AMONG OTHER THINGS, TRANSFER ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, PROVIDE FOR REMITTING CERTAIN EXCESS SURCHARGE REVENUES TO THE STATE TREASURER'S OFFICE, RATHER THAN THE DEPARTMENT OF REVENUE AND TAXATION, AND DELETE CERTAIN PROVISIONS; TO REPEAL CHAPTER 31 OF TITLE 12, RELATING TO THE ROAD TAX ON MOTOR CARRIERS, AND SECTIONS 12-4-400, RELATING TO THE DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES; 12-4-410, RELATING TO THE DUTIES AND POWERS OF THE DIVISION OF COMMERCIAL MOTOR VEHICLE SERVICES; 12-37-2740, RELATING TO ASSESSMENT OF PROPERTY TAXES, MOTOR VEHICLES, AND SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION; 20-7-947, RELATING TO CHILD SUPPORT, SUPPORT ENFORCEMENT THROUGH VEHICLE LICENSE REVOCATION, AND INTERAGENCY AGREEMENTS; 23-6-10(3), RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEFINITION OF "DEPUTY DIRECTOR"; 23-6-200, RELATING TO THE DIVISION OF PUBLIC SAFETY OF THE DEPARTMENT OF PUBLIC SAFETY; 56-1-225(B), RELATING TO THE REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN TWENTY-FOUR MONTHS AND THE AUTHORITY TO PROMULGATE REGULATIONS; 56-1-520, RELATING TO ADMINISTRATION AND ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-530, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS FOR THE ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-550, RELATING TO THE USE OF FEES COLLECTED UNDER ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES; 56-1-560, RELATING TO THE PROVISION THAT ARTICLE 1 OF CHAPTER 1 OF TITLE 56, REGARDING DRIVER'S LICENSES, SHALL NOT BE HELD TO REPEAL ANY OTHER LAWS BUT SHALL BE HELD TO BE CUMULATIVE; 56-1-830, RELATING TO JUDICIAL REVIEW OF THE SUSPENSION OF A DRIVER'S LICENSE; 56-1-840, RELATING TO ADMINISTRATION AND ENFORCEMENT OF ARTICLE 3 OF CHAPTER 1, TITLE 56, REGARDING THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND PROMULGATION OF RULES AND REGULATIONS; 56-1-1120, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL REVIEW AND CERTIFY CERTAIN DRIVER'S LICENSE RECORDS; 56-1-3390, RELATING TO PROMULGATION OF RULES AND REGULATIONS TO IMPLEMENT ARTICLE 15 OF CHAPTER 1, TITLE 56, REGARDING IDENTIFICATION CARDS; 56-3-20(21), RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING AND THE DEFINITION OF "DEPARTMENT"; 56-3-251, RELATING TO BIENNIAL LICENSE PLATES OR REVALIDATION DECALS FOR MOTOR VEHICLES; 56-3-420, RELATING TO THE GROUNDS FOR REFUSING TO LICENSE AND REGISTER AN AUTOMOBILE UTILITY TRAILER; 56-3-880, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS AS TO UNCERTIFIED CHECKS TENDERED FOR MOTOR VEHICLE LICENSE FEES; 56-3-1010(3), RELATING TO CORPORATE-OWNED FLEET MOTOR VEHICLES AND THE DEFINITION OF "DEPARTMENT"; 56-3-1160, RELATING TO PROMULGATION OF REGULATIONS FOR THE EFFECTUATION OF ARTICLE 8 OF CHAPTER 3, TITLE 56, REGARDING FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR; 56-3-1950(1), RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE DEFINITION OF "DEPARTMENT"; 56-3-2410, RELATING TO PROVISIONS REGARDING ADMINISTERING AND ENFORCING CHAPTER 3, TITLE 56, AS TO REGISTRATION AND LICENSING OF MOTOR VEHICLES AND RULES AND REGULATIONS; 56-3-2500, RELATING TO RULES AND REGULATIONS GOVERNING CHANGE OR SUBSTITUTION OF MOTOR VEHICLE ENGINES; 56-3-2670, RELATING TO PROMULGATION OF REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 29 OF CHAPTER 3, TITLE 56, REGARDING CERTAIN TEMPORARY LICENSE PLATES; 56-3-2750, RELATING TO PROMULGATION OF REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 30 OF CHAPTER 3, TITLE 56, REGARDING TEMPORARY LICENSE PLATES AND CERTIFICATES OF REGISTRATION OF MOTOR VEHICLES USED ONLY FOR CORPORATE RESEARCH AND DEVELOPMENT; 56-5-370, RELATING TO TRAFFIC REGULATION, GOVERNMENTAL AGENCIES, PEDESTRIANS, POLICE OFFICERS, AND OTHER PERSONS AND THE DEFINITION OF "DEPARTMENT"; 56-5-2960, RELATING TO TRAFFIC REGULATION AND THE PROVISION THAT PLEAS OF GUILTY OR NOLO CONTENDERE OR FORFEITURE OF BAIL ARE THE SAME AS A CONVICTION; 56-5-5015(L), RELATING TO PROMULGATION OF REGULATIONS PRESCRIBING ENFORCEMENT OF THE PROCEDURE AND MECHANISM FOR TESTING LIGHT TRANSMITTANCE IN VEHICLE GLASS; 56-5-5610, RELATING TO DEFINITIONS UNDER THE LAWS ON DISPOSITION OF ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5680, RELATING TO PENALTIES UNDER THE LAWS ON DISPOSITION OF ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5830, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION, AND THE REQUIREMENT THAT COUNTY AND MUNICIPAL OFFICERS COOPERATE WITH THE DIRECTOR, REGARDING DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-5860, RELATING TO THE REQUIREMENT THAT TITLES SHALL VEST IN THE STATE OF SOUTH CAROLINA WITH RESPECT TO THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-5930, RELATING TO IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 41 OF CHAPTER 5, TITLE 56, REGARDING DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-6180, RELATING TO PROMULGATION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF ARTICLE 43 OF CHAPTER 5, TITLE 56, REGARDING TRAFFIC VIOLATIONS PROCEDURE; 56-9-20(1), RELATING TO THE DEFINITION OF "CONVICTION" UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT; 56-9-20(2), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT; 56-9-310, RELATING TO THE ADMINISTRATION OF CHAPTER 9, TITLE 56, REGARDING THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, AND TO THE HEARINGS AND THE PROMULGATION OF RULES AND REGULATIONS THEREUNDER; 56-10-210(3), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; 56-10-290, RELATING TO ENFORCEMENT OF THE PROVISIONS OF ARTICLE 3 OF CHAPTER 10, TITLE 56, REGARDING INSURANCE REQUIREMENTS AS TO MOTOR VEHICLE REGISTRATION; 56-10-300, RELATING TO THE POWER TO PRESCRIBE, ADOPT, PROMULGATE, RESCIND, AND ENFORCE REGULATIONS WITH RESPECT TO ARTICLE 3 OF CHAPTER 10, TITLE 56, REGARDING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; 56-15-10(R), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS ON MOTOR VEHICLES AND THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS; 56-15-360, RELATING TO THE PROMULGATION OF REGULATIONS NECESSARY FOR THE ENFORCEMENT OF CHAPTER 15, TITLE 56, REGARDING REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS; 56-16-10(R), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; 56-16-190, RELATING TO AUTHORITY TO PROMULGATE REGULATIONS NECESSARY FOR THE ENFORCEMENT OF CHAPTER 16, TITLE 56, REGARDING REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; 56-19-10(5), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES; 56-19-30, RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 19, TITLE 56, REGARDING PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, AND RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 21, TITLE 16, REGARDING OFFENSES INVOLVING MOTOR VEHICLE TITLES; 56-27-10(C), RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS ON PROFESSIONAL HOUSEMOVING; 38-73-456, RELATING TO THE PROVISION THAT AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS, OR ADDITIONAL SURCHARGES, FOR A DRIVING VIOLATION IS PROHIBITED UNTIL A CONVICTION OCCURS; AND 38-77-175, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET, FORM, AND PENALTY; AND TO PROVIDE THAT, WITH RESPECT TO THE REPEAL OF ITEMS OR SUBSECTIONS OF PROVISIONS OF LAW IN THIS ACT, THE CODE COMMISSIONER SHALL RENUMBER, OR RELETTER, ALL REMAINING ITEMS OR SUBSECTIONS AS NECESSARY TO CONFORM TO THE REPEALER.

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

Dealer and wholesaler license plates

SECTION 1. Section 56-3-2320(A) of the 1976 Code, as last amended by Section 121J, Part II, Act 497 of 1994, is further amended to read:

"(A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited.

A dealer may be issued two plates for the first twenty vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.

The cost of each dealer plate issued is twenty dollars.

Upon application to the department, a public or private school, college, or university, or an economic development entity created or sanctioned by the county where the entity is located, may be issued a license plate to be used on vehicles loaned or rented to the school, college, university, or economic development entity by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, university, or economic development entity is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued, except in the case of an economic development entity where only one plate per entity is allowed.

A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department.

Notwithstanding the provisions of this section, a dealer exclusively selling heavy duty trucks at retail is eligible to obtain license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater."

Titles to school buses and service vehicles

SECTION 2. Section 1-11-310(E) of the 1976 Code, as last amended by Act 449 of 1992 is further amended to read:

"(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies."

Motor vehicle licensing, registration, and titling

SECTION 3. Section 1-30-90 of the 1976 Code, as added by Act 181 of 1993 is further amended to read:

"Section 1-30-90. 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 agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, Training and Continuing Education, and Motor Vehicle.

(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 of the Division of Motor Vehicles, formerly provided for at Section 56-1-10, et seq.;

(G) The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B)."

Department of Revenue and Taxation

SECTION 4. Section 1-30-95 of the 1976 Code, as added by Act 181 of 1993 is further amended to read:

"Section 1-30-95. 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 agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue and Taxation to be initially divided into divisions for Alcohol Beverage Control and Tax; provided, however, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter, 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) Tax Commission, formerly provided for at Section 12-3-10, et seq."

Identification to vote

SECTION 5. The first sentence of Section 7-13-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"When any person presents himself to vote, he shall produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the Department of Public Safety, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector."

Business hours

SECTION 6. Section 8-11-10 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:

"Section 8-11-10. The departments of the state government except where seven day per week services are maintained, shall remain open from nine A.M. until five P.M. from Monday through Friday, both inclusive, except on holidays fixed by law. On Saturdays such departments may close at one P.M. Skeleton forces may be maintained on Saturday and so staggered that each employee shall work not less than one Saturday out of each month; provided, that the offices of the Motor Vehicle Division of the Department of Public Safety shall remain open from eight-thirty A.M. until five P.M. from Monday through Friday, both inclusive, except on holidays fixed by law and these offices need not be kept open on Saturdays, except as may be necessary to carry on essential work."

Highway repair

SECTION 7. Section 11-35-710(1) of the 1976 Code, as last amended by Section 51, Part II, Act 7 of 1995, is further amended to read:

"(1) the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance, and repair; and other emergency type parts or equipment utilized by the Department of Transportation or the Department of Public Safety;"

Department of Revenue and Taxation's functions

SECTION 8. Section 12-4-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-4-10. The South Carolina Department of Revenue and Taxation is created to administer and enforce the revenue laws of this State; administer the licensing laws and regulations relating to alcoholic liquors, beer, and wine and assess penalties for violations thereof; and other laws specifically assigned to it."

Department of Revenue and Taxation; divisions

SECTION 9. Section 12-4-15 of the 1976 Code, as added by Act 181 of 1993, is further amended to read:

"Section 12-4-15. The Department of Revenue and Taxation must be divided into such divisions as the director may prescribe."

Issuance and transfer of titles

SECTION 10. Section 12-36-1710(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(G) The Department of Public Safety and the Division of Aeronautics of the Department of Commerce may not issue a license or transfer of title without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected. The Department of Natural Resources may not license any boat or register any motor without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected."

Special license tags

SECTION 11. Items (3), (26), and (29) of Section 12-37-220(B) of the 1976 Code, as last amended by Act 516 of 1994 are further amended to read:

"(3) Two private passenger vehicles owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the Department of Public Safety under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license, if the veteran has a certificate signed by the county service officer or the Veterans Administration of the total and permanent disability which must be filed with the Department of Public Safety.

(26) Two private passenger vehicles owned or leased by recipients of the Medal of Honor for which special license tags have been issued by the Department of Public Safety under the provisions of Article 16 of Chapter 3 of Title 56.

(29) Two private passenger vehicles or trucks, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Public Safety in accordance with the provisions of Section 56-3-1150. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse."

Tax notice

SECTION 12. Section 12-37-2650 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-37-2650. The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time for each tax year within the two-year licensing period. A notice must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer who must collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy may be delivered by the taxpayer to the Department of Public Safety with the application for the motor vehicle registration. A copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No registration may be issued by the Department of Public Safety unless the application is accompanied by the receipt, a copy of the notification required by Section 12-37-2610 or notice from the county treasurer, by other means satisfactory to the Department of Public Safety, of payment of the tax. Motor vehicles registered under the International Registration Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730. The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made.

The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the Department of Public Safety. Each institution shall certify to the Department of Public Safety that the taxes have been paid, and the Department of Public Safety is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section.

Tax bills (notices) for county assessed personal property valued in accordance with applicable Department of Revenue and Taxation regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."

License registration applications

SECTION 13. Section 12-37-2660 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-37-2660. The Department of Public Safety shall furnish to the auditor of each county a listing of license registration applications to be mailed to the owners of motor vehicles in the respective counties. The listings must be furnished to the auditor as soon as possible but not later than ninety days before the expiration of the registration. Listings must be in the form of computer tapes or printouts. The Department of Public Safety shall provide notice to the respective counties each month for all vehicles that are licensed the second year of the two-year licensing period. This listing must contain an updating of the prior year's list to denote vehicles in which the license or registration is transferred or canceled."

Title

SECTION 14. Section 12-37-2725 of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:

"Section 12-37-2725. When the title to a licensed vehicle is transferred, or the owner of the vehicle becomes a legal resident of another state and registers the vehicle in the new state of residence, the license plate and registration certificate may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Public Safety. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund or credit is that proportion of the tax paid that is equal to that proportion of the complete months remaining in that tax year. The auditor, within five days thereafter, shall deliver the license plate, registration certificate, and the written request for cancellation to the Department of Public Safety. Upon receipt, the Department of Public Safety shall cancel the license plate and registration certificate and may not reissue the same."

Unassigned license plates and registration certificates

SECTION 15. Section 12-37-2727 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-37-2727. In the event an issued and unassigned license plate or registration certificate was lost, destroyed, or delivered to the Department of Public Safety, the owner shall present proof thereof to the county auditor along with the request for cancellation. The auditor, upon receipt of the cancellation request and the license plate, registration certificate, or the proof of loss of the same, must order the refund of the tax. The auditor must forward to the Department of Public Safety the request for cancellation, the license plate and the registration certificate, or the proof of the same being lost, destroyed, or delivered to the Department of Public Safety. The Department of Public Safety upon receipt thereof shall cancel the license plate and registration."

Taxes

SECTION 16. Section 12-43-220(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(b) All inventories of business establishments shall be taxed on an assessment equal to six percent of the fair market value of such property and all power driven farm machinery and equipment except motor vehicles registered with the Department of Public Safety owned by farmers and used on agricultural lands as defined in this article shall be taxed on an assessment equal to five percent of the fair market value of such property; provided, that all other farm machinery and equipment and all livestock and poultry shall be exempt from ad valorem taxes."

Fair market value

SECTION 17. Section 12-43-300(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) Whenever the market value estimate of any property is fixed by the assessor at a sum greater by one thousand dollars or more than the amount returned by the owner or his agent, or whenever any property is valued and assessed for taxation which has not been returned or assessed previously, the assessor shall, on or before July first, or as soon thereafter as may be practicable, in the year in which the valuation and assessment is made give written notice thereof to the owner of the property or his agent. In reassessment years, the written reassessment notice to owners or agents must be given by July first. If there is no timely written notice, the prior year's assessed value must be the basis for assessment for the current taxable year. The notice must include the prior market value, the total market value estimate, the value estimate if applicable, the assessment ratio, the total new assessment, the percentage changes over the prior market value, if there is no change in use or physical characteristics of the property, number of acres or lots, location of property, tax map, appeal procedure, and other pertinent ownership and legal description data required by the South Carolina Department of Revenue and Taxation. The notice may be served upon the owner or his agent personally or by mailing it to the owner or his agent at his last known place of residence which may be determined from the most recent listing in the applicable telephone directory, Department of Public Safety Motor Vehicle Registration List, county treasurer's records, or official notice from the property owner or his agent. The owner or his agent, if he objects to the valuation and assessment, shall serve written notice of his objection upon the assessor within thirty days of the date of the mailing of the notice. In years when there is no notice of appraisal because of a less than one thousand dollar change or no change in the appraised or assessed value, the owner or agent has until March first to serve written notice of objection upon the assessor of the appraised or assessed value. In those years, failure to serve written notice of objection by March first constitutes a waiver of the owner's right of appeal for that tax year, and the assessor is not required to review any request filed after March first. The assessor shall then schedule a conference with the owner or agent within twenty days of receipt of the notice. If the assessor requests it, the owner, within thirty days after the conference, shall complete and return to the assessor the form as may be approved by the Department of Revenue and Taxation relating to the owner's property and the reasons for his objection. Within thirty days after the conference, or as soon thereafter as practicable, the assessor shall mail written notice of his action upon the objection to the owner. The owner or agent, if still aggrieved by the valuation and assessment, may appeal from the action to the Board of Assessment Appeals by giving written notice of the appeal and the grounds thereof to the assessor within thirty days from the date of the mailing of the notice. The assessor shall notify promptly the Board of Assessment Appeals of the appeal."

Collection of property taxes

SECTION 18. The third paragraph of Section 12-45-70 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the Department of Public Safety. Each institution shall certify to the Department of Public Safety that the taxes have been paid, and the Department of Public Safety may accept certification in lieu of the tax receipt given to the taxpayer if that certification contains the information required in Section 12-37-2650."

Mobile or manufactured home

SECTION 19. The first sentence of Section 12-49-225 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"When a mobile or manufactured home is levied on for taxes by the delinquent tax collector, before proceeding to advertise for sale, the delinquent tax collector shall give twenty days' written notice of the levy to the lienholders contained on the certificate of title issued by the Department of Public Safety."

Delinquent taxes

SECTION 20. Section 12-49-271 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 12-49-271. When the delinquent tax collector receives from the county treasurer a list of delinquent taxpayers pursuant to Section 12-49-225, and the list includes mobile or manufactured homes on which to levy, the delinquent tax collector shall forward to the Department of Public Safety a form substantially as set out below requesting the name and address of all lienholders shown on the certificate of title. The delinquent tax collector shall not advertise the sale of property without a return of this form:

`To the Department of Public Safety:

I have been instructed by the county treasurer to levy and sell the following personal property:

Please provide me with the lienholders' names and addresses as shown on the certificate of title:

NAME:

ADDRESS:

DESCRIPTION OF COLLATERAL:

I.D. NUMBER:

LIENHOLDER:

LIENHOLDERS' ADDRESS:'"

Liens

SECTION 21. The second paragraph in Section 12-49-290 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"For liens created before January 1, 1995, the right, interest, and security of a lienholder shown on the certificate of title must in no way be affected by a tax sale made pursuant to this chapter unless the provisions of Section 12-49-225 are complied with."

Mobile or manufactured homes

SECTION 22. Section 12-49-310(A) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"(A) When a mobile or manufactured home is levied on for taxes by the delinquent tax collector, before proceeding to advertise the home for sale as provided by law, he shall give twenty days' written notice of the levy to the holder of each lien identified on the forms provided to the auditor of the county pursuant to Section 12-49-315 for liens created after December 31, 1994, and to the lienholders contained on the certificate of title issued by the South Carolina Department of Public Safety, for liens created before January 1, 1995. The notice must contain a description of the home levied on, name of the owner of the home, the year for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs and must be delivered to the lienholder either personally or by certified mail with the return receipt requested to the address obtained by the county pursuant to either Section 12-49-315 or Section 12-49-225."

Liens

SECTION 23. Section 12-49-330 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 12-49-330. For liens created after December 31, 1994, the rights, interest, and security of any lienholder, shown on the certificate of title, is in no way affected by a tax sale made pursuant to this chapter unless there has been compliance with the provisions of Section 12-49-310."

Submission of names, addresses, and social security numbers

SECTION 24. Section 12-54-240(B)(7) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(7) submission of taxpayer names, home addresses, and social security numbers to the State Election Commission and Department of Public Safety to effect the purposes of Section 14-7-130."

Lists of licensed drivers

SECTION 25. Section 14-7-130 of the 1976 Code is amended to read:

"Section 14-7-130. In November of every year, the Department of Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December of every year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Public Safety and State Election Commission in implementing this section must be borne by these agencies."

Nonresident drivers

SECTION 26. Section 15-9-350 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 15-9-350. The acceptance by a nonresident of the rights and privileges conferred by the laws in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways, the streets of any incorporated municipality or the public roads of this State or anywhere within this State, or the operation by such nonresident of a motor vehicle on any such public highways, streets or public roads or anywhere within the State other than as so permitted or regulated shall be deemed equivalent to the appointment by such nonresident of the Director of the Department of Public Safety or of his successor in office to be his true and lawful attorney upon whom may be served all summons or other lawful process in any action or proceeding against him growing out of any accident or collision in which such nonresident may be involved by reason of the operation by him, for him or under his control or direction, express or implied, of a motor vehicle on such public highways, streets or public roads or anywhere within this State. Such acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served on him personally."

Nonresident drivers

SECTION 27. Section 15-9-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 15-9-360. The acceptance by a nonresident motor carrier of the rights and privileges conferred by the laws now or hereafter in force in this State, permitting the operation of motor vehicles as evidenced by the operation of a motor vehicle by such nonresident either personally or through an agent or employee on the public highways in this State, or the operation of such nonresident either personally or through an agent, lessee, or employee, of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident motor carrier of the Director of the Department of Public Safety, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process or notice in any action, assessment proceeding, or other proceeding against him or his executor or administrator, arising out of or by reason of any provisions in Chapter 31 of Title 12 relating to such vehicle or relating to the liability for tax with respect to operation of such vehicle on the highways of this State. Acceptance or operation shall be a signification by such nonresident motor carrier of his agreement that any such process against or notice to him or his executor or administrator shall be of the same legal force and validity as if served on him personally or on his executor or administrator. All of the provisions of Sections 15-9-370, 15-9-380, and 15-9-350 shall be applicable with respect to the service of process or notice pursuant to this section."

Service of process

SECTION 28. Section 15-9-370 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 15-9-370. Service of process upon the Director of the Department of Public Safety, as agent of a: (a) nonresident driver under the provisions of Section 15-9-350; (b) resident driver who subsequently becomes a nonresident; (c) nonresident motor carrier under the provisions of Section 15-9-360; or (d) nonresident unregulated motor carriers engaged in transporting persons, hauling farm or dairy products, hauling any other perishable products or haulers of lumber or logs, shall be made by leaving a copy thereof, with an appropriate fee, in the hands of the Director of the Department of Public Safety or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Director of the Department of Public Safety to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint, and other papers in the cause. The Director of the Department of Public Safety shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Director of the Department of Public Safety, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

Identification

SECTION 29. Section 16-17-680(D) of the 1976 Code, as last amended by Act 105 of 1993, is further amended to read:

"(D) For purposes of this section, the only identification acceptable is:

(1) a valid South Carolina driver's license;

(2) South Carolina identification card issued by the Department of Public Safety;

(3) a valid driver's license from another state that contains the licensee's picture on the face of the license; or

(4) a valid military identification card."

Coroner training

SECTION 30. Section 17-5-130(B) and (F) of the 1976 Code, as added by Act 307 of 1994 are amended to read:

"(B) Each person serving as coroner in his first term is required to complete a basic training session to be determined by the Department of Public Safety. This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the department within one calendar year of the date of appointment. This section shall not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, complete the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session.

(F) The Director of the Department of Public Safety must appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation."

Motor vehicle records

SECTION 31. Section 19-5-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 19-5-30. Photostatic, optical disk, or certified copies of motor vehicle registration applications, registrations, notices of cancellation, suspensions or revocations, reports of violations, and documents pertaining to the motor vehicle safety responsibility laws of this State, when certified by the director of the Department of Public Safety, or his designee, as true copies of originals, on file with the Department of Public Safety, shall be admissible in any proceedings in any court in like manner as the original thereof."

Licensing entities

SECTION 32. Section 20-7-944 of the 1976 Code, as last amended by Act 102 of 1995, is further amended to read:

"Section 20-7-944. All licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:

(1) name;

(2) address of record;

(3) social security number;

(4) employer's name and address;

(5) type of license;

(6) effective date of license or renewal;

(7) expiration date of license;

(8) active or inactive license status.

If the information is in the licensing entity's records, the information must be submitted in the form maintained by the licensing entity, unless otherwise agreed upon by the licensing entity."

Remedy

SECTION 33. Section 20-7-945(H) and (L) of the 1976 Code, as added by Section 2, Part VI, Act 102 of 1995, are amended to read:

"(H) Review with the division under this section is the licensee's sole remedy to prevent revocation of his or her license. The licensee has no right to appeal the revocation with the licensing entity.

(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies. The division will indemnify the applicable licensing entity from any consequences that may result from the revocation of the licensee's license."

Department of Public Safety established

SECTION 34. Section 23-6-20 of the 1976 Code, as last amended by Act 181 of 1993, is further 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 Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, 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 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 Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue and Taxation pursuant to Act 181 of 1993, 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 be transferred to the control of the department. 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."

Records

SECTION 35. Section 23-6-30(3) and (10) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(3) title and register motor vehicles; license motor vehicle operator's; administer the collection of license, registration, titling and other fees; maintain an automated system for the storage and retrieval of all motor vehicle and motor vehicle operator records, including vehicle and registration and operator licensing, violations and accidents;

(10) receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments for the purpose of carrying out the programs and objectives of this chapter; and"

Revenue

SECTION 36. Section 23-6-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding a paragraph at the end to read:

"Notwithstanding any other provision of law, all revenue generated by the department from the sale of vehicles, various equipment, less the cost of disposition incurred by the Budget and Control Board Division of Operations, gasoline and insurance claims, during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items. Any unexpended balance on June 30 of the prior fiscal year authorized to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used for matching committed or unanticipated grant funds, or both."

Employment

SECTION 37. Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-90. The department may employ, equip, and provide such officers as may be necessary to maintain the security of the Governor's Mansion Compound, and other governmental facilities, including the State Capitol Building, the facilities of the Capitol Complex, and other state buildings. The director must determine the most efficient and effective method of placing these officers within a law enforcement division in the department."

Commissioned and uniformed officer

SECTION 38. Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-145. A commissioned and uniformed officer of the department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's driver's license, and submit to an inspection of such vehicle and license plates."

Motor Vehicle Division

SECTION 39. Section 23-6-300 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 23-6-300. There is created a Motor Vehicle Division within the department. The division shall be responsible for all of those functions, duties, and responsibilities previously exercised by and/or operating under the Division of Motor Vehicles of the South Carolina Department of Highways and Public Transportation."

Certified law enforcement officer

SECTION 40. The last sentence of Section 23-11-110(A)(5) of the 1976 Code, as last amended by Act 19 of 1993, is further amended to read:

"For purposes of this section, a `certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-6-400(D)(1)."

Qualifications for sheriffs

SECTION 41. Section 23-11-110(C) of the 1976 Code is amended to read:

"(C) Every newly-elected sheriff in his first term is required to complete a training session to be determined pursuant to Title 23, Chapter 6 of the 1976 Code, to be conducted by the Criminal Justice Academy or an otherwise approved academy or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."

Administration of Law Enforcement Hall of Fame

SECTION 42. Chapter 25 of Title 23, as last amended by Act 181 of 1993, is further amended to read:

"CHAPTER 25

Law Enforcement Officers Hall of Fame

Section 23-25-10. There is hereby established the South Carolina Law Enforcement Officers Hall of Fame as a memorial to law enforcement officers killed in the line of duty and in recognition of the selfless dedication of all law enforcement officers in the day-to-day performance of their duties. The Hall of Fame shall be located on the grounds of the South Carolina Law Enforcement Academy at Columbia.

Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter be administered as an office of the Department of Public Safety.

(B) There is created a Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:

(1) the Director of the Department of Public Safety, who shall serve as chairman; the Chief of the State Law Enforcement Division;

(2) the Chief of the State Law Enforcement Division;

(3) the Director of the Department of Corrections;

(4) the Secretary of the South Carolina Sheriffs' Association;

(5) the Executive Director of the South Carolina Law Enforcement Officers Association;

(6) the President of the South Carolina Police Chiefs Association, or his designee; and

(7) a representative of the Natural Resources Enforcement Division, to be appointed by the Director of the Department of Natural Resources.

(C) Members of the advisory committee may designate persons to represent them at meetings they are unable to attend.

Section 23-25-30. It shall be the responsibility of the advisory committee to assist the department in planning, erecting, and maintaining the Hall of Fame in the manner it shall determine appropriate but generally in accordance with the following guidelines:

(a) All officers from all agencies in the law enforcement system shall be eligible for entry into the Hall of Fame.

(b) The names of all officers killed in the line of duty whose deaths under those circumstances can be established by creditable records shall be entered into the Hall.

(c) Any officer who performs an act or series of acts over and above the regular call of duty may become eligible for the Hall when so elected by the advisory committee whether or not such act or acts resulted in death or injury to the officer concerned.

(d) Any officer whose continued record of excellence over a period of years is manifestly outstanding may be elected to the Hall by the advisory committee.

(e) Suitable plaques inscribed with the names of those selected for the Hall shall be erected.

(f) Within the limits of funds provided, the Hall of Fame shall include museum-type displays of objects and equipment of unusual interest used by law enforcement officers or otherwise related to law enforcement.

(g) Provide tours and related safety and educational programs to the public.

Section 23-25-40. The advisory committee shall establish procedures and regulations for the nomination of members of the Hall of Fame. All selections of persons for Hall of Fame membership shall be made by a majority vote of the total membership of the advisory committee.

Meetings of the advisory committee shall be held at least quarterly, and more frequently at the call of the chairman. The advisory committee shall establish its own rules of procedure. Members shall not receive compensation for their services with the advisory committee but shall be allowed the usual mileage, per diem, and subsistence provided by law for boards, committees, and commissions."

Reserve officer training course

SECTION 43. Section 23-28-20(C)(3) of the 1976 Code, as last amended by Act 85 of 1995, is further amended to read:

"(3) Successfully complete a course of training specified pursuant to Title 23, Chapter 6 and endorsed by the chief or sheriff who appoints them."

Reserve officer training course

SECTION 44. That portion before the colon of the first paragraph of Section 23-28-30 of the 1976 Code is amended to read:

"No reserve shall assume any police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the local law enforcement agency. The sixty hours of training shall be promulgated by the South Carolina Criminal Justice Academy Division of the Department of Public Safety, endorsed by the appointing official and shall include, but not be limited to:"

Approval of reserve officer training course

SECTION 45. The first paragraph of Section 23-28-40 of the 1976 Code is amended to read:

"This training may be provided locally or regionally but shall be subject to approval of the South Carolina Criminal Justice Academy Division of the Department of Public Safety. If disapproved, the Training Advisory Council shall designate a representative to confer with the chief to make acceptable program changes. Within reason, and subject to academy schedules, academy staff may assist in the training."

Reserve officer identification cards

SECTION 46. The second paragraph of Section 23-28-60 of the 1976 Code is amended to read:

"Identification cards registering a reserve's status may be issued by the South Carolina Criminal Justice Academy Division of the Department of Public Safety upon request by the chief and assuring the council that all minimum requirements have been met."

Full-time law enforcement officer requirements

SECTION 47. Section 23-28-80 of the 1976 Code is amended to read:

"Section 23-28-80. Any reserve who has been in active status for at least two years who desires to become a full-time law enforcement officer may, upon application and completion of other existing requirements, be accepted at the South Carolina Criminal Justice Academy for such additional hours of training as deemed necessary."

Reserve officer status

SECTION 48. Section 23-28-90 of the 1976 Code is amended to read:

"Section 23-28-90. Any currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, at the request of his chief and with the concurrence of the Department of Public Safety, be issued a registration card identifying him as a member of the reserve. Any such officer shall not be required to undergo the preliminary training for reserves but shall be required to have a current physical exam."

Pistol purchaser requirements

SECTION 49. Section 23-31-140(A) and (F) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(A) Before the purchase of a pistol, the purchaser shall complete an application in triplicate in the presence of the dealer. The application to be furnished by the division must contain the applicant's (1) name; (2) residence and business address; (3) date and place of birth; (4) social security number; (5) South Carolina driver's license number or Department of Public Safety identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card;

(F) No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Public Safety identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card."

Training of 911 operators

SECTION 50. Section 23-47-20(C)(15) of the 1976 Code, as added by Act 245 of 1991, is amended to read:

"(15) telecommunication operators or dispatchers trained and certified by the Criminal Justice Academy Division of the Department of Public Safety. The Department of Public Safety shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the department is authorized to establish and collect a fee for this training;"

Manufacturing of license plates and road signs

SECTION 51. Section 24-3-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-3-110. The State Department of Corrections may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Public Safety and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs, and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and manufactured by it. The Department of Public Safety may prescribe the specifications of plates and the Department of Transportation may prescribe the specifications of signs used, the specifications to include colors, quality, and quantity."

Mobile home licensing requirements

SECTION 52. Section 31-17-320(B) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"(B) Before issuing a license for a mobile home to be located in any county in this State, the licensing agent shall require from the person applying for the license either a copy of the certificate of title to the mobile home, or a copy of the completed application for a certificate of title submitted to the Department of Public Safety. Upon satisfaction of all county licensing requirements, including payment of any licensing fee, the county licensing agent shall give the license applicant a certified copy of the application form, indicating that the licensing requirements have been met."

Period of validity of mobile home license; decal; fee

SECTION 53. Section 31-17-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 31-17-340. A mobile home license issued by the licensing agent shall be valid until title to such mobile home is transferred to a new owner or until the mobile home is relocated. The license shall be evidenced by a decal to be delivered to the owner or his agent on a form as shall be prescribed by the Department of Revenue and Taxation and shall be displayed on the mobile home so as to be clearly and readily visible from the outside. The fee for a mobile home license shall be five dollars. The fee shall be collected by the licensing agent issuing the license and shall be paid into the general fund of the county."

Mobile home moving permit requirements

SECTION 54. Section 31-17-360 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 31-17-360. If the mobile home is to be relocated, the owner, rental agent, or person in possession, prior to relocation, shall obtain a moving permit from the licensing agent. Before issuing a moving permit, the licensing agent shall require a certificate from the county treasurer that there are no unpaid taxes due on the mobile home and either a copy of the certificate of title to the mobile home, or a copy of the application for a certificate of title submitted to the Department of Public Safety. If the mobile home is to be removed beyond the boundaries of the county, any taxes that have been assessed for that calendar year must be paid in full, and if taxes have not yet been assessed for the calendar year in which the move is being made, the assessor shall provide the county auditor with an assessment and the auditor shall apply the previous year's millage. The county treasurer shall collect the taxes before issuing the requisite certificate to the licensing agent, and upon payment of any taxes, give the permit applicant a receipt showing that all taxes have been paid.

The licensing agent shall promptly notify the present electric supplier that a permit has been issued. The permit required by this section is not required of mobile home dealers when they are moving a mobile home from their sales lot to a customer's lot, but the mobile home dealer is not relieved from obtaining any permit required from the Department of Transportation for the relocation."

New mobile home license required when moving to new county

SECTION 55. Section 31-17-380 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 31-17-380. If the relocation is from one county to another, the owner, rental agent, or person in possession of the mobile home, within fifteen days after his mobile home is relocated, shall submit the moving permit to the licensing agent of the county in which the mobile home is relocated and obtain a new license pursuant to Section 31-17-320. The licensing agent issuing the moving permit shall promptly furnish the licensing agent of the county to which the mobile home is being transported with a copy of the certified license application or permit, a copy of the paid tax receipt from the county from which the home is being moved, and either a copy of the certificate of title or a copy of the completed application for a certificate of title submitted to the Department of Public Safety."

Requirements for obtaining mobile home certificate of title

SECTION 56. Section 31-17-410(A) of the 1976 Code, as added by Act 506 of 1994, is amended to read:

"(A) Contemporaneously with the submission of an application for a certificate of title on a mobile or manufactured home as required by Section 56-19-240, the person submitting the application shall provide to the auditor of the county in which a mobile or manufactured home is to be located, a copy of the completed application submitted to the Department of Public Safety."

Motor vehicle buyer protections

SECTION 57. Section 36-9-307(4) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(4) In the case of a purchase of a motor vehicle made pursuant to the provisions of Section 29-15-10, the buyer takes free of a security interest even though perfected, and the Department of Public Safety shall upon request issue a new title free and clear of prior liens and encumbrances."

Sale of secured property without consent

SECTION 58. Section 36-9-319 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 36-9-319. Notwithstanding Section 36-9-311, any person who sells or disposes of any personal property subject to a security interest, except for personal property titled by the Department of Public Safety or the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources, without the written consent of the secured party, and fails to pay the debt secured by the security interests within ten days after sale or disposal or fails in this time to deposit the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. This section does not apply when the sale is made without knowledge or notice of the security interest by the person selling the property. When the value of the property is less than two thousand five hundred dollars, the offense is triable in the magistrate's court and the punishment must be not more than is permitted by law without presentment or indictment by the grand jury. Otherwise, the offense is triable in the court of general sessions."

Definitions

SECTION 59. Section 38-55-530(A) of the 1976 Code, as amended by an act of 1996, bearing ratification number 303, is further amended to read:

"(A) `Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation; the Department of Public Safety; the Workers' Compensation Commission; the State Accident Fund; the Second Injury Fund; the Employment Security Commission; the Department of Consumer Affairs; the Human Affairs Commission; the Department of Health and Environmental Control; the Department of Social Services; the Department of Health and Human Services; the Department of Labor, Licensing and Regulation; all other state boards, commissions, and agencies; the Office of the Attorney General of South Carolina; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity."

Release of false information

SECTION 60. Section 38-55-570(C) of the 1976 Code, as amended by an act of 1996, bearing ratification number 303, is further amended to read:

"(C) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, and the Department of Public Safety shall report, but not adjudicate, all cases of suspected or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General of South Carolina for appropriate investigation or prosecution, or both. The Workers' Compensation Commission may refer such cases as provided in Section 42-9-440."

Exceptions to charging lease rate for insurance

SECTION 61. Section 38-73-455(A)(2) and (4) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Public Safety; or

(4) has had one `chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Public Safety; or"

Conditions for waiver of license reinstatement fee

SECTION 62. Section 38-77-113 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-77-113. If a driver's license is suspended or revoked because the licensee is determined by the Department of Public Safety to have no motor vehicle liability insurance, the Director of the Department of Public Safety or his designee shall waive the reinstatement fee imposed pursuant to Section 56-1-390 if the licensee had motor vehicle liability coverage when his license was suspended or revoked and shall document the reasons for waiving the fee in the records of the Department of Public Safety."

Agreement to exclude designated person from coverage

SECTION 63. Section 38-77-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-77-340. Notwithstanding the definition of `insured' in Section 38-77-30, the insurer and any named insured must, by the terms of a written amendatory endorsement, the form of which has been approved by the director or his designee, agree that coverage under such a policy of liability insurance shall not apply while the motor vehicle is being operated by a natural person designated by name. The agreement, when signed by the named insured and the person to be excluded, or by someone acting in the excluded person's behalf, is binding upon every insured to whom the policy applies. However, no natural person may be excluded unless (1) his driver's license has been turned in to the Department of Public Safety or (2) an appropriate policy of liability insurance or other security as may be authorized by law has been properly executed in the name of the person to be excluded. The agent of the insurer writing the policy of insurance excluding a named driver shall determine that the necessary driver's license has been delivered to the Department of Public Safety or that a policy of insurance or security described in item (2) of this section is in effect before submitting the application for exclusion of a named driver.

The Department of Public Safety shall furnish to the agent an affidavit either stating that the necessary driver's license has been delivered to it or certifying that a policy of insurance or security described in item (2) of this section is in effect."

Definitions

SECTION 64. Section 38-77-1120(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a) `Authorized agency' means:

(1) the South Carolina State Law Enforcement Division, the Department of Public Safety, the sheriff's department of any county of this State, and any duly constituted criminal investigative department or agency of another state of the United States;

(2) the Attorney General of this State, any circuit solicitor of this State, any prosecuting attorney for a county, circuit, or district of another state, or of the United States;

(3) the South Carolina Department of Insurance and the South Carolina Department of Consumer Affairs of the Attorney General's Office; and

(4) the United States Department of Justice and its Federal Bureau of Investigation."

Information to be provided to Department of Social Services

SECTION 65. Section 43-5-620(c) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(c) Upon request of the department, the Motor Vehicles Division of the Department of Public Safety shall provide information as to all vehicles owned by the applicant or recipient."

Forms organizing organ donation at license renewal

SECTION 66. Section 44-43-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 44-43-30. Whenever any person applies for the issuance, reissuance, or renewal of any class of driver's license, the Department of Public Safety is authorized to furnish that person with a form, sufficient under the provisions of the Uniform Anatomical Gift Act (Article 5 of this chapter), for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of such act. If any such person who is legally authorized desires to execute such a gift, the department may provide that person with appropriate assistance and the presence of the legally required number of witnesses."

Recruitment of minority organ donors; dissemination of organ donor information

SECTION 67. Section 44-43-70(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina and the University of South Carolina in conjunction with the Department of Public Safety shall make educational materials available at all places where drivers' licenses are issued or renewed."

Definitions

SECTION 68. A. Section 56-1-10(4) of the 1976 Code is amended to read:

"(4) `Department' means the Department of Public Safety."

B. Section 56-1-10(12) of the 1976 Code is amended to read:

"(12) `Cancellation of driver's license' means the annulment or termination by formal action of the department 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 license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation."

C. Section 56-1-10(13) of the 1976 Code is amended to read:

"(13) `Revocation of driver's license' means the termination by formal action of the department 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."

D. Section 56-1-10(14) of the 1976 Code is amended to read:

"(14) `Suspension of driver's license' means the temporary withdrawal by formal action of the department of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated."

Person prohibited from obtaining a driver's license

SECTION 69. Section 56-1-40(2) of the 1976 Code, as last amended by Section 121, Part II, Act 497 of 1994, is further amended to read:

"(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction, except as otherwise provided for in this title;"

Procedure of obtaining a driver's license

SECTION 70. The second and third paragraphs of Section 56-1-80 of the 1976 Code, as last amended by Section 121, Part II, Act 497 of 1994, are further amended to read:

"Whenever an application is received from a person previously licensed or permitted in another state, the Department of Public Safety, may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."

Identification required for driver's license

SECTION 71. Section 56-1-90 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-90. The department may require every applicant to submit for identification purposes proof of name, Social Security number, and date and place of birth when applying for a driver's license. An applicant for a driver's license, driver's permit, or special identification card or a renewal thereof may sufficiently prove the existence and validity of his Social Security number, for purposes of Section 14-7-130, by any reasonably reliable document containing the Social Security number. Such a document includes, but is not limited to, an official Social Security card, Social Security check, Social Security form SSA-1099, letter from the Social Security Administration, voter registration card, payroll stub, Federal W-2 form, or U.S. military identification card. The numbers may also be obtained from the Department of Revenue and Taxation pursuant to Section 12-54-240(B)(7) which permits the Department of Revenue and Taxation to submit taxpayer Social Security numbers to the department and to the State Election Commission.

For purposes of this section, when a licensee is applying for a replacement license, the department must accept an affidavit as evidence that the licensee has established the existence and validity of his Social Security number at the time of the original license application. The driver's license number of a person may be his Social Security number.

This section does not prevent issuance of a driver's license or identification card to a foreign exchange student participating in a valid foreign exchange program."

License examinations; fees; classes of licenses

SECTION 72. Section 56-1-130 of the 1976 Code, as last amended by Act 486 of 1992, is further amended to read:

"Section 56-1-130. The department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require such further physical and mental examination as it deems necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.

A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690 which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."

Passing driver's education program equate to meeting department standards

SECTION 73. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-141. The department shall accept a passing grade from a qualified driver's education program from a secondary public or private school as certification that the written and driving portion of the permit and license process have met department standards. The provisions of this section do not supersede the provisions of this title relating to who may receive a permit or driver's license in this State."

Expiration and renewal of licenses; waiver of vision examination

SECTION 74. The first paragraph of Section 56-1-210 of the 1976 Code, as last amended by Section 55, Part II, Act 497 of 1994, is further amended to read:

"Every license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes. The department may renew a driver's license of a resident by mail upon payment of the required fee, if the renewal is a digitized license."

Driver's license reexamination

SECTION 75. Section 56-1-270 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-270. The department 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, require him to submit to an examination. Upon the conclusion of such examination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license or may issue a license subject to restrictions permitted under Section 56-1-170. The license of any person may be suspended or revoked if they refuse or neglect to submit to such an examination."

Mandatory suspension or revocation

SECTION 76. Section 56-1-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-280. The department shall revoke or suspend the license of any driver upon receiving a record of such driver's conviction of any offense for which revocation or suspension is required by law.

The department shall revoke the driver's license of any person upon receiving notice of the conviction of such person for:

(1) Manslaughter resulting from the operation of a motor vehicle; or

(2) Any felony under the laws of this State in the commission of which a motor vehicle is used."

Revocation or refusal to renew license for nonpayment of fees

SECTION 77. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-285. The department may revoke or refuse to renew the driving privilege of a person for failure to remit a tax or fee administered by the department. Upon payment of all taxes and fees administered by the department, and the payment of any applicable fee, the department may reinstate a person's driving privilege."

Tax refund garnishment for failure to comply with financial responsibility

SECTION 78. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-288. The department may garnish a person's income tax refund instead of revoking a person's driver's license or vehicle registration for failure to satisfy financial responsibility requirements of Title 56."

Additional grounds for suspension or revocation

SECTION 79. Section 56-1-290 of the 1976 Code, as last amended by 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 shall forthwith revoke for a period of six months the license of any person upon receiving satisfactory evidence of the conviction of any such person who has been found guilty of operating a vehicle for hire without a license in violation of Section 58-23-1210."

Suspension or revocation without preliminary hearing

SECTION 80. Section 56-1-300 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-300. In addition to other authority of law, the department may suspend or revoke the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that licensee:

(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."

Suspension or revocation of nonresident's license

SECTION 81. Section 56-1-310 of the 1976 Code, as last amended by 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 subject to suspension or revocation by the department in like manner and for like cause as a driver's license issued under the laws of this State may be suspended or revoked."

Reciprocity of suspension or restoration with other states

SECTION 82. Section 56-1-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-320. The department may, in its discretion, suspend or revoke the license of any 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 person in another state of an offense therein 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 restoration of privileges shall also be valid in this State under the same terms and conditions under which driving is authorized in the state of conviction."

Courts to report convictions

SECTION 83. Section 56-1-330 of the 1976 Code, as last amended by 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 a record of the conviction of any person in such court for a violation of such laws other than regulations governing standing or parking where a matter of safety is not involved."

Transmitting conviction records of nonresident

SECTION 84. Section 56-1-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-340. The department may, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. Whenever the department receives a request for a driver's record from another state, the record shall be forwarded without charge."

Notice of cancellation, suspension, or revocation and return of license

SECTION 85. Section 56-1-350 of the 1976 Code, as last amended by 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 shall notify the licensee as prescribed in Section 56-1-360 that his license has been canceled, suspended, or revoked, and such licensee shall within ten days after notice of cancellation, suspension, or revocation return his license to the department. Any person wilfully failing to return his license as required by this section may, on conviction thereof, be fined one hundred dollars or imprisoned for thirty days."

Notice procedures

SECTION 86. Section 56-1-360 of the 1976 Code, as last amended by 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 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 director of the department 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."

Surrender of license procedures

SECTION 87. Section 56-1-365 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-365. Any 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 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 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.

The department 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's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department within five days after receipt. Any 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 five hundred dollars.

The department 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 within five days, the suspension or revocation does not commence until the department receives and processes 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 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.

If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act 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 shall issue him a certificate 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."

Review

SECTION 88. Section 56-1-370 of the 1976 Code is 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, request in writing a review and upon receipt of the request the department shall afford him a review in accordance with the State Administrative Procedures Act, in the judicial circuit where the licensee was arrested unless the department and the licensee agree that the review may be held in some other jurisdiction. The review may be held by a duly authorized agent of the department. Upon the review, the department shall either rescind its order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license."

Department may not suspend license

SECTION 89. Section 56-1-380 of the 1976 Code is amended to read:

"Section 56-1-380. The department shall 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 person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have such license or privilege renewed or restored unless the revocation was for a cause which has been removed, except that 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 as may otherwise be provided for by law, such person may make application for a new license as provided by law, but the department shall not then issue a new license unless and until it is satisfied, after investigation of the character, habits, and driving ability of such person, that it will be safe to grant the privilege of driving a motor vehicle on the public highways."

Reinstatement upon payment of fee

SECTION 90. Section 56-1-390(1) of the 1976 Code is amended to read:

"(1) Whenever the department 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. The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error."

Surrender of license

SECTION 91. Section 56-1-400 of the 1976 Code is amended to read:

"Section 56-1-400. The department, upon suspending or revoking a license, shall require that such license shall be surrendered to the department. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the department, a new license issued to him. The department shall 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, 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, the department, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such 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 identical license without any notation of suspension endorsed thereon. But this provision shall 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 person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the department 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."

Petition may be filed

SECTION 92. Section 56-1-410 of the 1976 Code is amended to read:

"Section 56-1-410. A person denied a license or whose license has been canceled, suspended, or revoked by the department, except when such suspension is under Section 56-1-740 or when such cancellation or revocation is mandatory under the provisions of this article, may file a petition within thirty days thereafter for a hearing in the matter in a court of record in the county wherein such person shall reside. Such court is hereby vested with jurisdiction, and it shall be its duty to set the matter for hearing upon thirty days' written notice to the director of the department and thereupon to take testimony and examine the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this article. For the purpose of this section only, the burden of proof in any such hearing shall be on the department."

Time of revocation or suspension not to be considered

SECTION 93. Section 56-1-420 of the 1976 Code is amended to read:

"Section 56-1-420. If any court restrains or enjoins the department from enforcing the suspension or revocation of any license and the suspension or revocation is finally determined to have been properly put into effect by the department, the time during which the revocation or suspension was made ineffective by the judicial order shall not be considered part of the time during which the suspension or revocation was in effect. It is the purpose of this section to ensure that the license shall be suspended or revoked for the full term of such suspension or revocation, if proper in the first place."

Penalty

SECTION 94. Section 56-1-460 of the 1976 Code is amended to read:

"Section 56-1-460. A person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, 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 upon receiving a record of the conviction of any 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 shall again 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 his license being reinstated. If the conviction was upon a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise 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, not less than six months nor more than three years."

Applicability of section

SECTION 95. Section 56-1-463 of the 1976 Code is 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 when the person has in fact paid any fines or penalties due to the court."

Suspension of license; moved to another state

SECTION 96. Section 56-1-475 of the 1976 Code is 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 who has moved his residence to another state and has obtained a valid driver's license in such state may lawfully 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."

Reciprocal agreements

SECTION 97. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-478. The department may enter into reciprocal agreements with other states and political subdivisions for the collection of fines, fees, or other costs which resulted in the revocation of a person's driving privileges of a person applying for a driver's license or renewing a driver's license in this State."

Unlawful use of license

SECTION 98. Section 56-1-510(4) of the 1976 Code is amended to read:

"(4) to fail or refuse to surrender to the department upon lawful demand any driver's license which has been suspended, canceled, or revoked;"

Duties of department

SECTION 99. Section 56-1-540 of the 1976 Code is amended to read:

"Section 56-1-540. The department shall:

(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 and after each such name a note of the reasons for such action; and

(2) The department 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, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the department upon application for renewal of license and at other suitable times."

Definition

SECTION 100. Section 56-1-630(4) of the 1976 Code is amended to read:

"(4) `Licensing authority' for purposes of South Carolina shall mean the department."

Department shall report

SECTION 101. Section 56-1-640 of the 1976 Code is amended to read:

"Section 56-1-640. The department shall report each conviction of a person from another party state occurring within South Carolina to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."

Reportable crimes

SECTION 102. Section 56-1-650 of the 1976 Code is amended to read:

"Section 56-1-650. (A) A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any of the following:

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

(2) driving a motor vehicle while under the influence, as provided by Section 56-5-2930;

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

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

(B) If the laws of a member state do not describe the violations listed in subsection (A) in precisely the words used in that subsection, the member state shall construe the descriptions to apply to offenses of the member state that are substantially similar to the ones described. A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any other offense or any other information concerning convictions that the member states agree to report.

(C) For a conviction required to be reported under subsection (A), a member state shall give the same effect to the report as if the conviction had occurred in that state. For a conviction that is not required to be reported under subsection (A), the provisions of Section 56-1-320 shall govern the effect of the reported conviction in this State. For a conviction that is not required to be reported under subsection (A), notice of the conviction must be received by the department for purposes of suspension or revocation within one year of the date of conviction."

Department to apply laws

SECTION 103. Section 56-1-670 of the 1976 Code is amended to read:

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

Director or designee is administrator

SECTION 104. Section 56-1-680 of the 1976 Code is amended to read:

"Section 56-1-680. (A) The director or his designee of the department is the administrator of this compact for South Carolina. The administrators, acting jointly, have the power to formulate all necessary procedures for the exchange of information under this compact.

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

Department may suspend

SECTION 105. Section 56-1-740 of the 1976 Code is amended to read:

"Section 56-1-740. The department 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 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 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 as follows, with the person having the privilege to request a review of his driving record:

(1) twelve to fifteen pointsÄthree months' suspension;

(2) sixteen or seventeen pointsÄfour months' suspension;

(3) eighteen or nineteen pointsÄfive months' suspension;

(4) twenty points and overÄsix months' suspension."

Department to suspend license

SECTION 106. Section 56-1-746(A) of the 1976 Code is amended to read:

"(A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(5), 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."

Points to be deducted

SECTION 107. Section 56-1-770 of the 1976 Code is amended to read:

"Section 56-1-770. Any driver who has accumulated points under the provisions of this article shall have the number of his points reduced by four upon proving to the satisfaction of the department that he has completed the National Safety Council's `Defensive Driving Course' or its equivalent, if the course is completed after the points have been assessed. The course must be taught by an instructor accredited by the National Safety Council whose procedures for accreditation are set forth in `Manual of Rules and Procedures' published by the National Safety Council or equivalent accreditation procedures. The department shall establish procedures by which driver training schools may apply to the department for approval of a defensive driving course which will qualify those successfully completing the course for a reduction in points pursuant to this section. The department shall approve the National Safety Council's `Defensive Driving Course' or its equivalent when offered by driver training schools and taught by an instructor accredited by the National Safety Council or equivalent accreditation procedures. No person's points may be reduced more than one time in any three-year period by the method provided for in this section."

Reciprocal agreements

SECTION 108. Section 56-1-790 of the 1976 Code is amended to read:

"Section 56-1-790. The department may enter into a reciprocal agreement with the proper agency of any other 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 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, 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."

Reports deemed true copies

SECTION 109. Sections 56-1-800 of the 1976 Code is amended to read:

"Section 56-1-800. In all proceedings held under the provisions of this article, photostatic, optical disk, or other copies of the reports filed with the department, 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 states and reports of courts-martial or United States Commissioners, are deemed to be true copies, when such copies are duly certified by the director or his designee as true copies of the original on file therewith, and as such shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any conviction."

Notification

SECTION 110. Section 56-1-810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-810. Upon the determination by the department that a person has accumulated sufficient points to warrant the suspension of his license, the department shall notify such licensee in writing, return receipt requested, that his license has been suspended, and such licensee shall return his license to the department within the time required by Section 56-1-350 and subject to the penalties thereof for failing to do so."

Review

SECTION 111. Section 56-1-820 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-820. The licensee may, within ten days after notice of suspension, request in writing an administrative hearing, and upon receipt of the request the department shall afford him a hearing in accordance with the State Administrative Procedures Act."

Actions not affected

SECTION 112. Section 56-1-850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-850. Nothing contained in this article shall affect the action of the department in suspending, revoking, or canceling any driver's license when such action is mandatory under the provisions of any law of this State."

Habitual offender

SECTION 113. Section 56-1-1020 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1020. An habitual offender shall mean any person whose record as maintained by the department shows that he has accumulated the convictions for separate and distinct offenses described in subsections (a), (b), and (c) committed during a three-year period; provided, that where more than one included offense shall be committed within a one-day period, such multiple offenses shall be treated for the purposes of this article as one offense:

(a) Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:

(1) Voluntary manslaughter, involuntary manslaughter, or reckless homicide resulting from the operation of a motor vehicle;

(2) Operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics, or drugs;

(3) Driving or operating a motor vehicle in a reckless manner;

(4) 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) Any offense punishable as a felony under the motor vehicle laws of this State or any felony in the commission of which a motor vehicle is used;

(6) Failure of the driver of a motor vehicle involved in any accident resulting in the death or injury of any person to stop close to the scene of such accident and report his identity;

(b) 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 for which four or more points are assigned pursuant to Section 56-1-720 or which are enumerated in subsection (a) of this section.

(c) The offenses included in subsections (a) and (b) shall be deemed to include offenses under any federal law, any law of another state, or any municipal or county ordinance of another state substantially conforming to the above provisions.

(d) For purposes of determining the number of convictions for separate and distinct offenses committed during any three-year period, a person shall be deemed to be convicted of an offense on the date the offense was committed if he is subsequently convicted of committing such offense."

Review

SECTION 114. Section 56-1-1030 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1030. When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set forth below.

If after appropriate proceedings, the department finds the person to be an habitual offender, the department 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. 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 appeal, the magistrate shall hear and determine the matter de novo."

License may not be issued to habitual offender

SECTION 115. Section 56-1-1090 of the 1976 Code, as last amended by 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 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 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 may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department 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 finding the person to be an habitual offender. At this time and after hearing, the department 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. 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. 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."

Penalty

SECTION 116. Section 56-1-1100 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 56-1-1100. 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 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 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, 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 shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender."

Notice

SECTION 117. Section 56-1-1130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1130. The department shall send a written notice to any person who it determines is in danger of becoming an habitual offender."

Provisional driver's license

SECTION 118. Section 56-1-1320 of the 1976 Code, as last amended by 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 for any other reason, may apply to the motor vehicle division of the department 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 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 or his designee."

Requirement of provisional license

SECTION 119. Section 56-1-1330 of the 1976 Code, as last amended by 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 Department of Alcohol and Other Drug Abuse Services and 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 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 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, the Department of Alcohol and Other Drug Abuse Services shall notify the department, and the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full periods specified in Section 56-5-2990, the suspension to begin on date of notification to the individual."

Provisional license to be in possession

SECTION 120. Section 56-1-1340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1340. The applicant shall have a provisional driver's license in his possession at all times while driving a motor vehicle, and the issuance of such license and the violation convictions shall be entered in the records of the department for a period of ten years as required by Sections 56-5-2940 and 56-5-2990 of the 1976 Code."

Moped operator's license

SECTION 121. Section 56-1-1730 of the 1976 Code, as last amended by 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 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."

License to be in immediate possession

SECTION 122. Section 56-1-1760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1760. Every licensee shall have his license in his immediate possession at all times when operating a moped and shall display it upon demand of any officer or agent of the department or any police officer of the State."

Notification of convictions

SECTION 123. Section 56-1-2050(A)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(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 state, other than a parking violation, shall notify the department in the manner specified by the department within thirty days of conviction."

Driving record

SECTION 124. Section 56-1-2100(C) and (E) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(C) Before issuing a commercial driver license, the department must obtain a driving record through the Commercial Driver License Information System, the National Driver Register, and from each state in which the person has been licensed.

(E) A commercial driver license issued by the department expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued."

Department to update records

SECTION 125. Section 56-1-2110(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(G) After suspending, revoking, or canceling a commercial driver license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver license or commercial driver instruction permit within ten days."

Testing

SECTION 126. Section 56-1-2130(D) and (E) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(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 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 shall disqualify the driver from driving a commercial motor vehicle under Section 56-1-2110."

Notification

SECTION 127. Section 56-1-2140 of the 1976 Code, as last amended by 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 shall notify the driver licensing authority in the licensing state of the conviction."

Special identification card

SECTION 128. Section 56-1-3350 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 56-1-3350. Upon application by any person ten years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:

(1) the application is made on a form approved and furnished by the department; and

(2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth.

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. 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.

The term does not include any 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 certify this fact to the department. The department must 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. To have the issuance or renewal fee waived for an identification card, a homeless person must present a letter to the department 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 letter may not be older than thirty days.

Special identification cards issued to persons under the age of twenty-one 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."

Refusal to renew

SECTION 129. Title 56 of the 1976 Code is amended by adding:

"CHAPTER 2

Section 56-2-2740. (A) The department must refuse to renew the driver's license and motor vehicle registration of a person who has not paid property taxes within the time limits prescribed in this chapter. A county treasurer or municipal clerk treasurer must forward notification to the department of persons violating the provisions of this chapter. Notification of individuals violating this chapter must be forwarded to the department in the time and manner determined by the department for the proper administration of this section.

(B) The Department of Public Safety shall issue to the county treasurer or county tax collector biennial license plates and revalidation decals. The county treasurer or county tax collector shall give a motor vehicle owner a license plate or revalidation decal for the tax year to which personal property taxes and biennial fees have been paid pursuant to Section 56-3-253.

(C) All validation decals must be issued for a period not to exceed twelve months."

Odometer disclosure

SECTION 130. Section 56-3-240(4) of the 1976 Code is amended to read:

"(4) In addition to the information required by item (2), whenever the application is for a motor vehicle which has been transferred from a previous registrant to the applicant, the applicant will complete the odometer disclosure statement on the application which shall be in compliance with federal guidelines and as prescribed by the department.

Under the terms of the Federal Motor Vehicle Information and Cost Savings Act and applicable state law, incorrect information may result in civil liability and civil or criminal penalties."

Reference revised

SECTION 131. Section 56-3-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-360. The department 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."

Biennial registrations

SECTION 132. Section 56-3-376 of the 1976 Code, as last amended by Section 55E, Part II, Act 497 of 1994, is further amended to read:

"Section 56-3-376. All vehicles except those vehicles designated in Section 56-3-780 are designated as distinct classifications and must be assigned an annual registration period as follows:

Classification (1). Vehicles for which the biennial registration fee is one-hundred sixty dollars or more. The department may register and license a vehicle for which the biennial registration fee is one-hundred sixty dollars or more or for a semiannual or one-half year upon application to the department by the owner and the payment of one-fourth of the specified biennial fee. Biennial registrations and licenses expire at midnight on the last day of the twenty-fourth month for the period for which they were issued. Semiannual or half-year registrations and licenses expire at midnight of the sixth month for the period for which they were issued and no person shall drive, move, or operate a vehicle upon a highway after the expiration of the registration and license until the vehicle is registered and licensed for the then current period. Trucks, truck tractors, or road tractors with an empty or unloaded weight of over five thousand pounds or less, or gross vehicle weight of eight thousand pounds or less also must be placed in this classification but may not be registered for less than a full biennial period.

Classification (2). Other vehicles. All other vehicles except those vehicles described in classification (1) of this section are assigned a staggered biennial registration which expires on the last day of the month for the period for which they were issued.

Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."

Vehicle applicability revised

SECTION 133. Section 56-3-620 of the 1976 Code, as last amended by Act 417 of 1994, is further amended to read:

"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger motor vehicle is twenty dollars.

(B) Beginning July 1, 1987, for persons under the age of sixty-five years, the biennial registration fee for every private passenger motor vehicle is twenty-four dollars.

(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five thousand pounds or less is thirty dollars.

(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle is twenty-two dollars."

Vehicle applicability revised

SECTION 134. Section 56-3-630 of the 1976 Code is amended to read:

"Section 56-3-630.The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less."

Use of funds revised

SECTION 135. Section 56-3-660(C) of the 1976 Code, as last amended by Section 22J, Part II, Act 164 of 1993, is further amended to read:

"(C) Notwithstanding other provisions of this chapter, the department may enter into agreement with other states in a registration and license reciprocal agreement known as the international registration plan and the registration and license required in this section may be apportioned for vehicles which qualify and are licensed in accordance with the provisions of the plan."

Procedures revised

SECTION 136. Section 56-3-665 of the 1976 Code is amended to read:

"Section 56-3-665. The department shall require evidence of the payment of the use tax imposed by Section 4481 of the Internal Revenue Code of 1986 for those vehicles to which the taxes are required."

Certification requirement deleted

SECTION 137. Section 56-3-670(C) of the 1976 Code, as last amended by Section 22K, Part II, Act 164 of 1993, is further amended to read:

"(C) A person who is issued a farm license plate for the purpose defined in this section and uses the license plate for purposes other than those defined is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both."

References revised

SECTION 138. Section 56-3-710 of the 1976 Code, as last amended by Section 22M, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-710. For every house trailer the biennial fee is twelve dollars. The department shall classify as a `house trailer' every trailer or semitrailer which is designed, constructed, and equipped as a dwelling, living abode, or sleeping place, permanently or temporarily, and is equipped for use as a conveyance on streets or highways or a trailer or semitrailer of similar nature whose chassis and exterior shell is designed and constructed for use permanently or temporarily for advertising, sales, display, or promotion of merchandise or services or for another commercial purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier. The department may not license and register a house trailer which exceeds the permissible size limitations prescribed in Sections 56-5-4030, 56-5-4060, and 56-5-4070, but the house trailers permitted to be moved over the highways by the department under special permits issued pursuant to Sections 57-3-130 to 57-3-190 shall pay to the Department of Transportation a fee of five dollars a trip."

Vehicles in classification revised

SECTION 139. Section 56-3-720 of the 1976 Code, as last amended by Section 22N, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-720. For every camper or travel trailer the biennial registration fee is ten dollars. The department must include in this classification every trailer not more than thirty-five feet long and eight feet wide primarily equipped, designed, converted, or used for private living quarters and towed by a motor vehicle. The department shall design a distinctive tag which must be displayed on the exterior of the rear of the trailer in a conspicuous place."

Regional governments included

SECTION 140. Section 56-3-780(A) of the 1976 Code, as last amended by Section 22S, Part II, Act 164 of 1993, is further amended to read:

"(A) Permanent license plates must be issued by the department for all motor vehicles operated by the State or its political subdivisions. The license fee, including registration, is two dollars. Permanent plates must bear the words `South Carolina', the number, and a prefix `SG', `RG', `CG', or `MG' to designate respectively state government, regional government, county government, or municipal government."

Definition revised

SECTION 141. Section 56-3-1010(1) of the 1976 Code, as last amended by Act 322 of 1994, is further amended to read:

"(1) `Fleet' means two hundred or more marked private passenger motor vehicles or property carrying vehicles with empty weight of not more than twenty-two thousand pounds and a gross vehicle weight of not more than twenty-six thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article."

Selected fleet operators may issue

SECTION 142. Section 56-3-1020 of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1020. A corporation or other legal entity may register its fleet on an annual basis so that the registration of all vehicles in the fleet expires in the same month instead of staggered vehicle registration. The month of expiration must be approved by the department. The department may issue special license plates and registration cards for fleet motor vehicles upon application in a manner determined by the department. The application must be approved if it contains the information necessary for qualification as a fleet motor vehicle, provides a list of all vehicles to be included in the fleet, and includes payment of a filing fee of one hundred dollars. The filing fee is in addition to the registration fees required by this chapter. The department may authorize select fleet operators to issue special license plates and registration cards for their own fleet vehicles."

Vehicle reference revised

SECTION 143. Section 56-3-1040 of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1040. The fee for private passenger motor vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-620. The fee for property-carrying vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-660. A vehicle added to the fleet during the registration year must be registered in accordance with the provisions of this article. The fee for licensing and registration may be prorated as prescribed by the department."

Vehicle reference revised; surviving spouse also eligible

SECTION 144. Section 56-3-1110 of the 1976 Code, as amended by Act 485 of 1992, is further amended to read:

"Section 56-3-1110. A wartime disabled veteran who is entitled to compensation for the loss, or loss of use of one or both legs or arms, or the permanent impairment of vision in both eyes to a degree as to constitute virtual blindness and is also entitled to a special monthly statutory award by reason thereof or any South Carolina veteran classified as totally and permanently disabled due to service-connected disabilities as determined from medical records on file with the Veterans Administration may make application for registration and license of his owned or leased private passenger motor vehicle to the department without accompanying such application with the usual fee for registration and license of a vehicle of similar type. The department shall issue such license plates upon the receipt of such application in such form as may be required. A veteran who is issued a license plate under the provisions of this section shall not be required to reapply so long as he owns or leases the vehicle for which the plate is issued and a surviving spouse of such a veteran is also eligible to obtain such plate so long as the surviving spouse does not remarry."

Vehicle reference revised

SECTION 145. Section 56-3-1150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1150. A member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State may make application for registration and licensing of his private passenger motor vehicle to the department without paying the usual fee for registration and licensing of a vehicle of similar type. The department shall issue the license plate or the revalidation sticker upon receipt of the application in a form required by the department. The provisions of this section do not apply if the former POW applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010. The department may issue or transfer a special POW motor vehicle license plate to a vehicle owned or leased by a former POW or his surviving spouse. A former POW who is issued a license plate under the provisions of this section or surviving spouse is not required to reapply so long as the former POW or surviving spouse owns the vehicle for which the plate is issued. The plate shall bear the words `South Carolina', the number, and prefix `POW'.

The surviving spouse of a former POW after notice to the department may retain the plate and is entitled to all the privileges of the POW for the lifetime or until remarriage of the surviving spouse."

Determination of fees revised

SECTION 146. Section 56-3-1320 of the 1976 Code is amended to read:

"Section 56-3-1320. The department shall charge a fee of six dollars for every license plate or revalidation sticker issued as a replacement. If a special personalized plate is replaced by a new special personalized plate, the department shall charge a fee in the same amount as the original fee. The department may not charge a fee for a registration card issued as a replacement for a registered and licensed vehicle, but a fee of one dollar must be charged for every duplicate registration card issued by the department."

Jurisdiction of circuit court deleted

SECTION 147. Section 56-3-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1330. The department may suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, revalidation sticker, or other document issued by the department as authorized under this chapter in any of the following events when the:

(1) department determines to its satisfaction that such registration and license, registration card, license plate, revalidation sticker, or other document was fraudulently or erroneously issued;

(2) department 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 determines that the required fee has not been paid and is not paid upon reasonable notice and demand;

(5) registration card, license plate, revalidation sticker, or other document is knowingly displayed upon a vehicle other than the one for which it was issued;

(6) department determines to its satisfaction that the owner has committed any offense under this chapter involving such registration card, license plate, revalidation sticker, or other document;

(7) department is so authorized under any other provisions of law."

Vehicle reference revised

SECTION 148. Section 56-3-1510 of the 1976 Code, as amended by Section 22V, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1510. The department may issue special motor vehicle license plates to persons who hold unrevoked and unexpired amateur radio licenses of a renewable nature issued by the Federal Communications Commission for private passenger motor vehicles registered in the same name. The biennial fee for the special license plates is two dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one set of the special plates may be issued to a person."

Application date deleted

SECTION 149. Section 56-3-1520 of the 1976 Code, as last amended by Section 22W, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1520. Applications for special license plates, as authorized under this article, must be made on forms provided by the department, contain proof satisfactory to the department that the applicant holds an unrevoked and unexpired amateur radio license, and state the call letters assigned to the applicant."

Period of plates

SECTION 150. Section 56-3-1530 of the 1976 Code, as last amended by Section 22X, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1530. The special license plates must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the official amateur radio call letters of the persons assigned by the Federal Communications Commission. The special plates are for biennial periods which expire twenty-four months from the month it is issued."

Vehicle references revised

SECTION 151. Section 56-3-1610 of the 1976 Code, as last amended by Section 22Y, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1610. The department may issue special motor vehicle license plates to emergency medical technicians for private passenger motor vehicles registered in the name of the technicians. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one special plate may be issued to a person."

Application date deleted

SECTION 152. Section 56-3-1620 of the 1976 Code is amended to read:

"Section 56-3-1620. Applications for special license plates, as authorized under this article, shall be made on forms provided by the department and shall contain proof satisfactory to the department that the applicant has been trained as an emergency medical technician by a hospital which conducts classes in emergency medical procedures and technology."

Period of plates

SECTION 153. Section 56-3-1630 of the 1976 Code, as last amended by Section 22Z, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1630. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted the letters `EMT' and numbers the department may determine. The special plates are for biennial periods which expire twenty-four months from the month it is issued."

Applicability of section

SECTION 154. Section 56-3-1710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1710. The department shall design and supply, at an appropriate fee, a special license plate, or supplemental plate or attachment, for use on all publicly-owned motor vehicles operated by any department or institution of the State of South Carolina, or any of its political subdivisions. It shall be unlawful for any such publicly-owned vehicle to be operated in the State of South Carolina that does not carry such official emblem, marker, or plates. Provided, however, that this provision shall not apply to the automobile supplied for the Governor's personal use, automobiles supplied to law enforcement officers, when in the opinion of the chief of the South Carolina Law Enforcement Division or the director of the department it is advisable that such automobiles not be so marked, nor to automobiles supplied to other state officials."

Vehicle reference revised

SECTION 155. Section 56-3-1750 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1750. The department may issue a special motor vehicle license plate to active members of the United States Air Force Reserve, United States Army Reserve, United States Coast Guard Reserve, United States Marine Corps Reserve, or United States Navy Reserve who are residents of the State for a private passenger motor vehicle registered in their respective names. The biennial fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020. Only one plate may be issued to a person."

Vehicle reference revised

SECTION 156. Section 56-3-1810 of the 1976 Code is amended to read:

"Section 56-3-1810. The number of plates that may be issued to members of the National Guard by the department shall equal the number of private passenger motor vehicles registered in such person's name in this State; provided, however, that the total number of such plates issued to any one person shall not exceed three. The department shall issue such plates for a particular private passenger motor vehicle registered in that person's name and such plates may only be transferred to another vehicle upon compliance with the provisions of Section 56-3-1830."

Vehicle reference revised

SECTION 157. Section 56-3-1850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1850. The department shall provide, upon proper application being made, a distinctive permanent license plate to any resident of the State who is a recipient of the Medal of Honor, for use on a private passenger motor vehicle registered or leased in the recipient's name. There is no fee for the license plate but no recipient may receive a plate for more than one vehicle."

Procedures revised

SECTION 158. Section 56-3-1971 of the 1976 Code, as last amended by Section 36Q, Part II, Act 497 of 1994, is further amended to read:

"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the division of motor vehicles.

The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the department and approved by the Attorney General within thirty days of submission by the department."

Departmental references revised

SECTION 159. Section 56-3-1972 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:

"Section 56-3-1972. For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the department for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the department for purposes of audit, unless otherwise provided for by the department. Each ticket shall have a unique identifying number."

Automation authorized; procedures revised

SECTION 160. Section 56-3-1973 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1973. The department shall have the uniform parking violations ticket printed. The department may authorize a law enforcement agency to automate the issuance of uniform parking violations tickets. Law enforcement and security agencies shall order tickets from the department 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's record copy must be forwarded to the department 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 to the department within ten days of the completion of the inventory."

Departmental references

SECTION 161. Section 56-3-1974 of the 1976 Code, as last amended by 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's record 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's record 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."

Truck references deleted

SECTION 162. Section 56-3-2010 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2010. (A) The department shall provide, upon proper application being made, special personalized motor vehicle license plates to the owner of a private passenger motor vehicle and motorcycles. The personalized plates must be of the design and bear the letters and numerals the department prescribes. However, there may be no duplication of registration plates, except South Carolina members of the United States Congress or members of the South Carolina General Assembly may purchase a maximum of the original and two duplicate registration plates. The department, in its discretion, may refuse the issue of letter combinations which may carry connotations offensive to good taste and decency and may not assign to a person not holding the relevant office letters or numerals denoting the holder to have a public office.

(B) Private passenger motor vehicles must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle expires November thirtieth two years after issuance. Every personalized license plate issued to members of the General Assembly and members of licensed state commissions and boards expires January thirty-first each year in which a new session of the General Assembly begins. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed."

Regulation authority deleted

SECTION 163. Section 56-3-2030 of the 1976 Code is amended to read:

"Section 56-3-2030. Special personalized license plates may not be issued to any applicant whose operator's or chauffeur's license has been suspended or revoked within two years from the date of application or to any applicant whose driving record indicates a disregard of traffic violations or unsafe driving practices within two years from the date of application."

Vehicle reference revised

SECTION 164. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150. The department may issue special motor vehicle license plates to members of municipal and county councils and to county coroners of this State for private passenger motor vehicles owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a councilman or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period."

Testing or demonstration of a truck

SECTION 165. Section 56-3-2320(B) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"(B) For purposes of this section, the testing or demonstration of a heavy duty truck with a GVW of 16,000 pounds or over as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for not more than three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."

Departmental reference revised

SECTION 166. Section 56-3-2340 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-2340. The department or its designated agent may allow licensed motor vehicle dealers to issue first time motor vehicle registrations and license tags directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license tags based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and tags, upon meeting the established criteria, the dealership may be allowed to issue registrations or tags. If in the opinion of the department a bond is necessary to ensure the payment of fees associated with the registering and licensing of a vehicle, the department may require a bond not to exceed the estimated value of new tags and validation stickers held by the dealership or the department's designated agent."

Regulation authority deleted

SECTION 167. Section 56-3-2380 of the 1976 Code is amended to read:

"Section 56-3-2380. The department may deny the application of any person for registration under this article and may suspend or revoke a registration or refuse to issue a renewal thereof if it is determined that the applicant or registrant has:

(a) Made a material misrepresentation in his application;

(b) Used or permitted the use of plates contrary to law;

(c) Been found guilty of fraud or fraudulent practices;

(d) Failed to comply with any of the regulations of the department for the enforcement of this article."

Vehicle reference revised

SECTION 168. Section 56-3-2810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2810. The department shall issue special motor vehicle license plates to `volunteer firemen' who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles registered in their respective names. For the purposes of this article `volunteer firemen' means members of organized units providing fire protection without compensation being paid to the members of the units for the service provided and whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. The cost of the special license plate as determined by the department must be paid biennially by the requesting volunteer fireman, and only one license plate may be issued to a volunteer fireman. The plate must be issued upon application in a manner and upon forms prescribed by the department and upon approval of the application by the department."

Vehicle reference revised

SECTION 169. Section 56-3-3310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-3310. The department may issue a special motor vehicle license plate to a recipient of the Purple Heart for use on a private passenger motor vehicle. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."

Issuance of plates; distribution of fees

SECTION 170. Section 56-3-3710 of the 1976 Code is amended to read:

"Section 56-3-3710. (A) The department may issue to owners of private passenger motor vehicles special motor vehicle license plates which may have imprinted on them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective colleges, universities, or independent institutions of higher learning. Each fund must be administered by the school and may be used only for academic scholarships. Funds collected for state colleges and universities must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution is thirty dollars to the department and forty dollars to the school for each special license plate sold for the respective school.

The department shall receive one hundred or more applications requesting a special license plate for a school before a specialized license plate may be developed for that school."

Vehicle references added

SECTION 171. Section 56-3-3910 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 56-3-3910. The department may issue a special commemorative motor vehicle license plate commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988 for use by owners on their private passenger motor vehicles. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. This license plate must be of the same size and general design of regular motor vehicle license plates. The plate must be issued or revalidated biennially for two years beginning December first and ending November thirtieth twenty-four months later. License number `one' for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County."

Vehicle references added

SECTION 172. Section 56-3-3950 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-3950. The department may issue a special commemorative `Keep South Carolina Beautiful' motor vehicle license plate for use by owners on their private passenger motor vehicles to establish a special fund to be used by the Department of Transportation for the purposes of beautifying the state's roads and highways. The Department of Transportation, in implementing this program, may not expend beautification funds for wildflowers without prior approval of the South Carolina Department of Agriculture. The Department of Agriculture shall ensure, before granting approval, that the varieties of wildflowers used in beautification are not harmful to agriculture at or near a proposed project. The biennial fee for the commemorative license plate is fifty-four dollars, and of this amount twenty-four dollars must be placed in a special `Keep South Carolina Beautiful Fund' established within and administered by the Department of Transportation. This biennial fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words `Keep South Carolina Beautiful'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."

Vehicle references added

SECTION 173. Section 56-3-4310(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) The department shall issue a special motor vehicle license plate for use on a private passenger motor vehicle owned by any retired member of the United States Armed Forces who is a resident of this State in accordance with the provisions of this section."

Special commemorative vehicle license plates

SECTION 174. Section 56-3-4510 of the 1976 Code, as last amended by Act 115 of 1995, is further amended to read:

"Section 56-3-4510. The department shall issue a special commemorative motor vehicle license plate for use by the owner on his private passenger motor vehicle for the purposes of the `Nongame Wildlife and Natural Areas Fund' provided in Section 12-7-2415. The annual fee for the commemorative license plate is twelve dollars for the first two years and five dollars for each year after that time, and these amounts must be placed in the fund. This annual fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words `South Carolina Protects Endangered Species'. The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued."

South Carolina State Guard special motor vehicle license plates

SECTION 175. Section 56-3-4710(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) The department may issue a special motor vehicle license plate to a member of the South Carolina State Guard who is a resident of the State for a private passenger motor vehicle owned by the member."

South Carolina firefighters license plates

SECTION 176. Section 56-3-4910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-4910. (A) The department shall issue special motor vehicle license plates to active and retired South Carolina firefighters who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles owned by them. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the words `SOUTH CAROLINA FIREFIGHTER' together with a fire service emblem and with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.

(B) The fees collected pursuant to this section must be deposited in a separate fund for the South Carolina Fire Academy. The fund must be administered by the Budget and Control Board Division of State Fire Marshal and must be used only to train in-state public firefighters, paid and volunteer, to comply with state and federal mandated training standards. Funds collected must be deposited with the State Treasurer. The distribution of the funds is based on fifteen dollars to the department and twenty dollars to the academy for each special license plate sold.

(C) The department must receive one hundred or more applications requesting a special license plate for the South Carolina Firefighters before a specialized license plate may be developed."

Pearl Harbor survivors' license plates

SECTION 177. Section 56-3-5910 of the 1976 Code is amended to read:

"Section 56-3-5910. An owner of a private passenger motor vehicle who is a resident of this State may apply for a motor vehicle license plate under this article if he:

(1) was a member of the United States Armed Forces on December 7, 1941;

(2) was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu, or offshore at a distance not exceeding three miles; and

(3) received an honorable discharge from the United States Armed Forces."

Pearl Harbor survivors' license plates

SECTION 178. Section 56-3-5930(A) of the 1976 Code is amended to read:

"(A) An owner must be issued a Pearl Harbor survivor license plate for his private passenger motor vehicle upon submitting proof of eligibility and complying with the state motor vehicle laws relating to registration and licensing of motor vehicles and payment of the regular license fee for license plates as prescribed by law plus, for the initial issuance, an additional fee of fifteen dollars."

Department of Public Safety exempted from certain notices in envelopes

SECTION 179. Section 56-5-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-60. The envelope in which a notice required by law to be mailed by the department is mailed, other than by registered or certified mail, must have printed on it in bold letters `Please Forward'."

Revision of penalties for failure to stop for a law enforcement officer

SECTION 180. Section 56-5-750 of the 1976 Code, as last amended by Act 65 of 1995, is further amended to read:

"Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.

(B) A person who violates the provisions of subsection (A):

(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years. The department must suspend the person's driver's license for at least thirty days; or

(2) for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. The person's driver's license must be revoked by the department for a period of one year from the date of the conviction.

(C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:

(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or

(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.

(D) The department must revoke the driver's license of any person who is convicted pursuant to subsection (C)(1) or (C)(2) for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus three years.

(E) `Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ.

(F) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division and the Department of Public Safety are required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."

Investigation of traffic accidents involving a law enforcement agency vehicle

SECTION 181. Section 56-5-765 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:

"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the department, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(B) When a motor vehicle or motorcycle of the department is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved."

Property damage amount increased for accident report

SECTION 182. Section 56-5-1270 of the 1976 Code is amended to read:

"Section 56-5-1270. The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the department, the proof and report to be in a manner prescribed by the department. The completed and verified form must be returned by the operator or owner to the department within fifteen days from the accident date. Failure to forward the accident report verified in the proper manner in respect to liability insurance coverage for the operation of the vehicle involved in the accident is prima facie evidence that the vehicle was uninsured.

Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident that results in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, within twenty-four hours after completing the investigation, must forward a written report of the accident to the department including the names of interviewed participants and witnesses. If a two-wheeled motorized vehicle is involved in the accident and the operator or a passenger of the vehicle suffers a head injury, the injury must be indicated on the report."

Accident report

SECTION 183. Section 56-5-1350 of the 1976 Code is amended to read:

"Section 56-5-1350. The department must tabulate and may analyze all accident reports as required in Section 56-5-1270 and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents."

Municipal parking fees

SECTION 184. Section 56-5-2585 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-2585. Disabled veterans shall be exempt from the payment of municipal parking meter fees when their vehicles bear a disabled veteran's license plate issued by the department."

Prima facie evidence

SECTION 185. Section 56-5-2980 of the 1976 Code is amended to read:

"Section 56-5-2980. In all trials and proceedings in any court of this State, in which the defendant is charged with violation of Section 56-5-2920 or 56-5-2930, which forbid the operation of a vehicle in a reckless manner or by one while under the influence of intoxicants, drugs or narcotics, photostatic, optical disk, or other copies of the reports required to be filed with the department pursuant to Section 56-5-2970, when such copies are duly certified by the director of the department or his designee as true copies of the original on file therewith, shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any previous conviction, of the defendant in any other court. But, the accused may stipulate with the solicitor that the charge constitutes a second or further offense, in which event the indictment shall not contain allegations of prior offenses, nor shall evidence of such prior offenses be introduced."

Suspension of driver's license

SECTION 186. Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-2990. The department shall suspend the driver's license of any 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 law or ordinance of this State or of any municipality of this State that prohibits any 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 person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the department to operate a motor vehicle.

Any person whose license is suspended under the provisions of this section must be notified of suspension by the department of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to 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 services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement 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 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 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 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 Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department 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 and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such 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 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 turned his license in to the department."

Sale of mopeds

SECTION 187. Section 56-5-3750(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) A person who sells, solicits, or advertises the sale of mopeds clearly and conspicuously shall label each moped with its specifications including, but not limited to, the brake horsepower of the motor and the maximum speed of the vehicle on level ground. The seller also shall attach a metal identification plate to each moped without pedals identifying the vehicle as a moped. This plate must be designed by the department and must display information the department considers necessary for enforcement purposes. The plate must be displayed permanently on each moped without pedals and must not be removed. A seller of mopeds who fails to label a moped, fails to attach a metal identification plate to a moped without pedals, knowingly labels a motorcycle or motor-driven cycle as a moped, or attaches a metal identification plate to a motorcycle or motor-driven cycle identifying the vehicle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."

Sale of permits for vehicles carrying culvert pipes

SECTION 188. Section 56-5-4035 of the 1976 Code is amended to read:

"Section 56-5-4035. The Department of Transportation may, under such terms and conditions as it may deem to be in the public interest for safety on the highways and in addition to any other permits required by Title 56, issue annual permits for vehicles transporting culvert pipe on public highways. No permit shall be issued for loads exceeding a width of one hundred six inches, exclusive of safety devices approved by the department. The fee for each permit shall be fifteen dollars for each vehicle hauling such loads.

Any person violating the provisions of this section or any regulation promulgated by authority hereof shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed two hundred dollars or imprisoned for a term not to exceed thirty days."

Length of motor vehicles on highways

SECTION 189. Section 56-5-4070(B) of the 1976 Code, as last amended by Act 511 of 1994, is further amended to read:

"(B) 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 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."

Regulation of vehicular traffic on highways

SECTION 190. That portion of the first paragraph preceding item (a) of Section 56-5-4075 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:

"The department and the Department of Transportation 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:"

Transportation of modular or sectional housing units

SECTION 191. Section 56-5-4095 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-4095. An official of the Department of 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 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."

Gross weight of vehicles operating on the interstate and highway

SECTION 192. Section 56-5-4140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(1)(a) The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway shall not exceed:

(1) Single-unit vehicle with two axles35,000 lbs.

(2) Single-unit vehicle with three axles46,000 lbs.

(3) Single-unit vehicle with four or more axles must meet the axle spacing requirements and corresponding maximum overall gross weights in accordance with the table in (b) plus tolerances.

(4) Combination of vehicles with three axles50,000 lbs.

(5) Combination of vehicles with four axles65,000 lbs.

(6) Combination of vehicles with five or more axles73,280 lbs.

The gross weight imposed upon any highway or section of highway other than the interstate 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 not exceed thirty-six thousand pounds, and no one axle of any such group of two or more consecutive axles shall 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 not exceed thirty-six thousand pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle.

The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this section except, the gross weight on a single axle operated on the interstate may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 pounds, including all enforcement tolerances except as provided in (b).

(b) Vehicles with an overall maximum gross weight in excess of 75,185 pounds may operate upon any highway or section of highway in the Interstate System up to an overall maximum of 80,000 pounds in accordance with the following:

The weight imposed upon the highway by any group of two or more consecutive axles may not, unless specially permitted by the department 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 group of two or more consecutive axles to be nearest 500 pounds, L equals distance in feet between the extreme of any 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. The formula is expressed by the following table:

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2 3 4 5 6 7

axles axles axles axles axles axles

4 35,200

5 35,200

6 35,200

7 35,200

8 and less

35,200 35,000

more than 8

38,000 42,000

8 35,200 35,200

9 39,000 43,000

10 40,000 43,500

11 44,500

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2 3 4 5 6 7

axles axles axles axles axles axles

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 68,500 74,000

25 55,000 58,500 63,500 69,000 74,500

26 55,500 59,500 64,500 69,500 75,000

27 56,500 60,000 65,000 70,000 75,500

28 57,000 60,500 65,500 71,000 76,500

29 58,000 61,500 66,000 71,500 77,000

30 58,500 62,000 67,000 72,000 77,500

31 59,500 62,500 67,500 72,500 78,000

32 60,000 63,500 68,000 73,000 78,500

33 64,000 68,500 74,000 79,000

34 64,500 69,500 74,500 80,000

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

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2 3 4 5 6 7

axles axles axles axles axles axles

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

(2) 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 are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to a weight of twenty thousand pounds 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 a fifteen-mile radius of their home base are not required to conform to the requirements of this section. However, these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed sixty-six thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels.

(c) Well-drilling, boring rigs, and tender trucks are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to seventy thousand pounds gross vehicle weight and twenty-five thousand pounds for each axle plus scale tolerances."

Investigation and registration of vehicles

SECTION 193. Section 56-5-4150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-4150. The department 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 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 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 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."

Distribution of fees collected for vehicles that exceed the gross weight

SECTION 194. The first undesignated paragraph of Section 56-5-4160(E) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established in this section. The department shall use these monies to establish and maintain automated data bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, to hire additional other funded troopers or officers, to purchase equipment, and to procure other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly."

Movement of mobile homes on highways

SECTION 195. Section 56-5-4192 of the 1976 Code, as added by Act 439 of 1994, is further amended to read:

"Section 56-5-4192. Open-end permits issued pursuant to the provisions of Chapter 3, Title 57 shall authorize the movement of a mobile home on the highways of this State on a Saturday."

Signals used by the Department of Public Safety

SECTION 196. Section 56-5-4720 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-4720. Notwithstanding the provisions of Section 56-5-4700, any Department of Transportation vehicle may use oscillating, rotating, or flashing red lights during any emergency. The Department of Transportation personnel shall determine when an emergency exists."

Inspection of brakes on motor-driven cycles

SECTION 197. Section 56-5-4880(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(b) The department may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when it determines that the braking system thereon does not comply with the provisions of this section."

Safety glass in motor vehicles

SECTION 198. Section 56-5-5010 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5010. No person shall sell any new motor vehicle nor shall any new motor vehicle be registered unless such vehicle is equipped with safety glass wherever glass is used in doors, windows, and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses. But in respect to trucks, including truck tractors, the requirements as to safety glass shall apply to all glass used in doors, windows, and windshields in the drivers' compartments of such vehicles.

The department shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glass, and the department may thereafter suspend the registration of any motor vehicle so subject to this section which it finds is not so equipped until it is made to conform to the requirements of this section."

Duties of a vehicle demolisher

SECTION 199. Section 56-5-5670(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a) Any demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolition shall not be required to obtain a certificate of title for such 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 shall issue such forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate."

Definitions

SECTION 200. Section 56-5-5810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5810. For the purposes of this article:

(a) `Officer' means any state, county, or municipal law enforcement officer, including county and municipal sanitation officers.

(b) `Abandoned vehicle' means a vehicle required to be registered in this State if operated on a public highway in this State that is left unattended on a highway for more than forty-eight hours, or a vehicle that has remained on private or other public property for a period of more than seven days without the consent of the owner or person in control of the property.

(c) `Derelict vehicle' means a vehicle required to be registered in this State if operated on a public highway in this State:

(1) whose certificate of registration has expired and the registered owner no longer resides at the address listed on the last certificate of registration on record with the department; or

(2) whose motor or other major parts have been removed so as either to render the vehicle inoperable or the operation of which would violate Section 56-5-4410; 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 owner; or

(4) whose registered owner of record disclaims ownership or releases his rights thereto; or

(5) which is more than eight years old and does not bear a current registration.

(d) `Demolisher' means any person, firm, or corporation whose business is to convert a vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle such a vehicle.

(e) `Colored tag' means any type of notice affixed to an abandoned or derelict vehicle advising the owner or the person in possession that it has been declared an abandoned or derelict vehicle and will be treated as such. The tag shall be of sufficient size to be easily discernable and shall contain such information as the department deems necessary to carry out the provisions of this article.

(f) `Demolisher' means any person whose business is to convert a vehicle into processed scrap or scrap metal for recycling purposes or otherwise to wreck or dismantle vehicles.

(g) `Salvage yard' means a business or a person who holds a license issued by the State required of all retailers, possesses ten or more derelict vehicles, and regularly engages in buying or selling used vehicle parts."

Vehicles a hazard

SECTION 201. The 1976 Code is amended by adding:

"Section 56-5-5820. Abandoned and derelict vehicles constitute a hazard to the health and welfare of the people in the State in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. It is, therefore, in the public interest that the present accumulation of abandoned and derelict vehicles be eliminated and that the future abandonment of such vehicles be prevented."

Removal

SECTION 202. Section 56-5-5840 of the 1976 Code is amended to read:

"Section 56-5-5840. All abandoned and derelict vehicles shall be subject to removal from public or private property and disposed of in accordance with the provisions of this article."

Procedures

SECTION 203. Section 56-5-5850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5850. (a) When any vehicle is left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, an officer may place a colored tag on the vehicle which shall be notice to the owner, the person in possession of the vehicle or any lienholder that it may be considered to be derelict or abandoned and is subject to forfeiture to the State.

(b) The colored tag shall serve as the only legal notice that, if the vehicle is not removed within:

(1) forty-eight hours if located on a highway, or

(2) seven days if located on other public or private property from the date of the tag, it will be removed to a designated place to be sold. After the vehicle is removed, the political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the vehicle was last registered and any lienholder of record. Notification shall include that the 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 be sold for recycling purposes or for such other purposes as the political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the general fund of the political subdivision.

(c) 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 vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of vehicles. Twenty days after date of publication an advertised vehicle may be sold.

(d) Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model, and serial number of the motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.

(e) The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."

Contracting

SECTION 204. Section 56-5-5870 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5870. The department, or any county or municipality may contract with any federal, other state, county, or municipal authority or private enterprise for tagging, collection, storage, transportation, or any other services necessary to prepare derelict or abandoned vehicles for recycling or other methods of disposal. Publicly-owned properties, when available, shall be provided as temporary collecting areas for the motor vehicles defined herein."

Entry

SECTION 205. Section 56-5-5880 of the 1976 Code is amended to read:

"Section 56-5-5880. All officers, employees, and agents of any person under contract with the department, county, or municipality, are authorized to go on private property for the purposes of enforcing this article. No agent or employee of any federal, state, county, or municipal government or other political subdivision, no person or occupant of the premises from which any derelict or abandoned motor vehicle shall be removed, nor any person or firm contracting for the removal of or disposition of any such motor vehicle shall be held criminally or civilly liable in any way arising out of or caused by carrying out or enforcing any provisions of this article unless such person is guilty of willfulness, wantonness, or recklessness."

Not to be harmed

SECTION 206. Section 56-5-5890 of the 1976 Code is amended to read:

"Section 56-5-5890. In removing the abandoned and derelict vehicles, the enforcing agency will do so without wilfully harming or damaging the property on which the vehicles are located."

Liability

SECTION 207. Section 56-5-5900 of the 1976 Code is amended to read:

"Section 56-5-5900. No lienholder shall be subject to any penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or servant. No owner of a vehicle which has been stolen and thereafter abandoned shall be liable for any charges or penalties imposed herein. A vehicle shall be deemed to be stolen when the owner notifies a law enforcement officer of this or another state, and such report is accepted and carried on the records of the agency receiving the report as a stolen vehicle."

Penalty increased

SECTION 208. Section 56-5-5910 of the 1976 Code is amended to read:

"Section 56-5-5910. It shall be unlawful for any person to tamper with, remove or destroy any colored tag placed on any vehicle in compliance with this article and any person found guilty of this provision shall, upon conviction, be subject to a fine not exceeding five hundred dollars."

Not to apply

SECTION 209. Section 56-5-5920 of the 1976 Code is amended to read:

"Section 56-5-5920. The provisions of this article shall not apply to vehicles housed or protected from the elements, those classified as antiques and registered pursuant to Sections 56-3-2210 and 56-3-2220, those exempted from registration pursuant to Section 56-3-120, those vehicles reported as stolen in accordance with Section 56-5-5900, unless any such vehicle presents an immediate safety or health hazard or constitutes a nuisance."

Landowner may request

SECTION 210. Section 56-5-5940 of the 1976 Code is amended to read:

"Section 56-5-5940. (a) Seizure, sale, or disposal of an abandoned or derelict motor vehicle in a manner inconsistent with the provisions of this article shall constitute conversion for which the owner shall have redress in any court of competent jurisdiction.

(b) Any person or unit of government upon whose property or in whose possession is found an abandoned or derelict vehicle may apply to the sheriff or chief of police of the jurisdiction in which the vehicle is located to implement the procedures outlined in this article, and the sheriff or chief of police shall tag the vehicle and dispose of the vehicle pursuant to this chapter."

Duty of demolisher

SECTION 211. The 1976 Code is amended by adding:

"Section 56-5-5945. (a) Any demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolition shall not be required to obtain a certificate of title for such vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a vehicle, the demolisher shall surrender for cancellation the certificate of title or sales receipt issued under Section 56-5-5850.

(b) A demolisher shall keep an accurate and complete record of all vehicles purchased or received by him in the course of his business. These records shall contain the name and address of the person from whom each vehicle was purchased or received and the date when such purchases or receipts occurred. The records shall be open for inspection by any law enforcement officer at any time during normal business hours. Any record required by this section shall be kept by the demolisher for at least one year after the transaction to which it applies."

Penalty increased

SECTION 212. Section 56-5-5950 of the 1976 Code is amended to read:

"Section 56-5-5950. A person who abandons a vehicle either on public or private property shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars, and shall pay all costs of having such abandoned vehicle removed, stored, and sold as provided for in Section 56-5-5850. All such vehicles shall be removed and disposed of in accordance with Section 56-5-5850."

Notice

SECTION 213. Section 56-5-6230 of the 1976 Code is amended to read:

"Section 56-5-6230. Any magistrate's court, municipal court, or other court of competent jurisdiction must notify the department when any person charged with a traffic violation in such court, upon conviction, or other plea has paid the fine therefor, or forfeited the bond previously posted."

Traffic tickets

SECTION 214. The last two paragraphs in Section 56-7-10 of the 1976 Code, as last amended by 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 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 be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may automate the issuance of a uniform ticket if approved by the department."

Insurance verification

SECTION 215. Section 56-7-12(A) and (C) of the 1976 Code, as added by Act 181 of 1993, are amended to read:

"(A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he may be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be prescribed by the department.

(C) The director or his designee of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director or his designee shall document his reasons for waiving the fees or fines in the records of the department."

Fees

SECTION 216. Section 56-9-330 of the 1976 Code is amended to read:

"Section 56-9-330. (1) The department, upon request, and the payment of a fee shall furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which abstract must also fully designate the motor vehicles, if any, registered in the name of that person, and, if there is no record of any conviction of that person for violating any laws relating to the operation of a motor vehicle or of any injury or damage caused by that person, the department shall so certify. The department, upon request and the payment of a reasonable fee, shall furnish a monthly listing by magnetic or other electronic media of all driver's license numbers that had driving violations posted on their records during the previous month. These abstracts are not admissible as evidence in any action for damages or criminal proceedings arising out of motor vehicle accidents.

(2) The department shall, upon request, and the payment of a fee furnish any person a copy of a vehicle accident report."

Waiver

SECTION 217. The 1976 Code is amended by adding:

"Section 56-9-505. An individual whose driver's license or motor vehicle registration has been suspended for failure to pay property taxes may request that the department waive the financial responsibility requirements provided for in Chapter 9 of Title 56, upon providing proof to the department that such taxes have been paid."

Notification

SECTION 218. Section 56-10-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the director of the department unless the owner or prospective owner produces satisfactory evidence that the security is in effect, including the name of the owner's automobile liability insurer, and his signed statement, subject to this state's perjury statutes, that insurance is in place as required by this section."

Security

SECTION 219. Section 56-10-20 of the 1976 Code, as last amended by 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 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 or his designee may approve and accept another form of security in lieu of such a liability insurance policy if he finds that such other form of security is adequate to provide and does in fact provide the benefits required by this chapter."

Lapse

SECTION 220. Section 56-10-40 of the 1976 Code, as last amended by 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 or his designee in lieu of such insurance shall immediately notify the department of the lapse or termination of any such insurance or security issued to or provided for a resident of this State in the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection 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. Upon receipt of any such notice the department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."

Suspensions and revocations

SECTION 221. Section 56-10-45 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-10-45. (A) The Department of Public Safety may enter into agreements with other municipal and county law enforcement agencies for the collection of suspended or revoked drivers' licenses, motor vehicle registrations, and motor vehicle plates. The department must assess a fifty dollar fine for each item recovered pursuant to this section in addition to any other fines assessed. Upon collection, this fine must be returned on a quarterly basis to the general fund of the municipality or county which initiated the enforcement action.

(B) All motor vehicle registration certificates, motor vehicle plates, and drivers' licenses confiscated or seized pursuant to this section must be returned to the department within fifteen days.

(C) The department shall collect and keep the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of tags confiscated by local law enforcement agencies pursuant to this section. Fines collected pursuant to Section 56-10-240, referring to the monetary penalty of a person who is guilty of a misdemeanor for wilful failure to return his motor vehicle license plates and registration, must be paid to the governing body of the local law enforcement agency confiscating the tags and deposited in the general fund of the local governing body. The director or his designee shall monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles."

Insurance requirements

SECTION 222. Section 56-10-220 of the 1976 Code, as last amended by 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 registration and licensing 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 his certificate that such motor vehicle is an insured motor vehicle, and that he will maintain insurance thereon during the registration period. The certificate must be in the form prescribed by the department. The department may require any registered owner or any 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 certificate must also be in a form prescribed by the department."

Failure to maintain insurance

SECTION 223. Section 56-10-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-10-240. (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation or refusal to renew under the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance, provided that this subsection 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.

(B) The department, 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 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 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, 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 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, and the suspension is voided immediately. The department 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.

(C) If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only be charged a reinstatement fee of five dollars.

(D) A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;

(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.

(E) Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

Road tax

SECTION 224. Title 56 of the 1976 Code is amended by adding:

"CHAPTER 11

Road Tax on Motor Carriers

Article 1

General Provisions

Section 56-11-10. When used in this chapter, the term `motor carrier' means every person who operates or causes to be operated on any highways in this State road tractors, truck tractors, trucks having more than two axles, or passenger vehicles designed to seat more than twenty occupants. For the purposes of this section, the federal government, the State, counties, municipalities, churches, and any agents of them, and special mobile equipment as defined in item (11) of Section 56-3-20, must not be deemed `motor carriers'.

Section 56-11-20. The department shall enforce this chapter with respect to the possession of correct registration and display of the proper identification marker. Notwithstanding other provisions of this chapter, the department may enter into an agreement with other states in a registration and identification marker reciprocal agreement known as the International Fuel Tax Agreement (IFTA). Qualified vehicles operating in accordance with this agreement are not required to purchase other fuel markers in member states.

Section 56-11-30. For the purposes of administration and enforcement of this chapter, the provisions of Title 12, wherever applicable, are adopted and made a part of this chapter.

Section 56-11-40. The department and its agents and representatives have the right at any reasonable time to examine the books and records of any motor carrier.

Section 56-11-50. When any person is discovered in this State operating a vehicle in violation of any of the provisions of this chapter, it is unlawful for anyone thereafter to operate the vehicle on the streets or highways in this State except to remove it from the street or highway for the purpose of parking or storing it unless and until a bond in the amount of five hundred dollars is furnished to the department in such form and with such surety or sureties or otherwise as it may prescribe, conditioned upon a proper registration card and identification marker being applied for within ten days and conditioned upon the payment of any taxes, penalties, or interest found to be due pursuant to this chapter.

Section 56-11-60. In lieu of all other penalties and interest provided by law, penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement.

Article 3

Registration Card and Identification Marker

Section 56-11-210. No motor carrier shall operate or cause to be operated in South Carolina any vehicle described in Section 56-11-10 until the motor carrier has secured from the department a registration card and an identification marker for each vehicle.

Section 56-11-220. (A) A motor carrier having infrequent trips into and through the State may obtain a temporary permit good for one motor vehicle for ten consecutive days beginning and ending on the dates specified on the face of the permit. No reports are required of motor carriers only using temporary permits. Temporary permits may be issued in lieu of biennial registration required under this chapter and highway use taxes incurred during this period. The temporary permit must be carried in the vehicle for which it was issued at all times when the vehicle is in this State. The department may issue a temporary permit by facsimile message, letter, or telegram.

(B) The department may engage a person to issue the temporary permits if he receives the permits from the department. No person may issue the permits unless the permits are available to the public on a twenty-four hour basis.

(C) The department shall promulgate the regulations necessary for the proper administration of this section.

Section 56-11-230. The department shall prepare forms for use in making applications for registration cards and identification markers in accordance with this chapter, and the applicant shall furnish all the information required by such forms before a registration card or identification marker is issued.

Section 56-11-240. The registration card and the identification marker must be of such form as the department may prescribe. Each identification marker shall bear a number which must be the same as the number appearing on the registration card for the same vehicle.

Section 56-11-250. A motor carrier operating motor vehicles in this State shall apply to the department biennially for a registration card and identification marker for each power unit it operates in this State. A person violating this section, upon conviction, must be punished as provided in Section 56-17-10.

Section 56-11-260. The registration cards and markers provided for must be issued for the period beginning April first each biennium and are valid until March thirty-first of the biennium. All identification markers remain the property of the State.

Section 56-11-270. The registration card must be carried in the vehicle for which it was issued at all times when the vehicle is in this State. The identification marker must be attached or affixed to the vehicle in the place and manner prescribed by the department so that it is clearly displayed at all times, and it shall at all times be kept clearly legible.

Section 56-11-280. In addition to the penalties herein provided, the department may for good cause suspend or revoke any registration card or identification marker issued pursuant to this chapter.

Section 56-11-290. A person who operates or causes to be operated on any highway in this State any motor vehicle that does not carry a registration card required by this chapter or any motor vehicle that does not display, in the manner prescribed by this chapter or by the department, the identification marker required by this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars. Each day's operation in violation of this section constitutes a separate offense.

Article 5

Road Tax

Section 56-11-410. A road tax for the privilege of using the streets and highways in this State is imposed upon every motor carrier. The tax is equivalent to sixteen cents a gallon, calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to taxes imposed upon the carriers by any other provision of law.

Section 56-11-415. For the purpose of this chapter, a motor carrier, as defined in Section 56-11-10, which operates one hundred percent of its miles within the boundaries of this State is exempt from the provisions of this chapter.

Section 56-11-420. The amount of tax due must be calculated upon the amount of gasoline or other motor fuel used by the motor carrier in its operation within this State during the reporting period. The department shall develop forms to reflect the tax due in accordance with nationally recognized standards.

Section 56-11-430. Every motor carrier subject to the tax imposed by this chapter shall, on or before the last day of April, July, October, and January submit to the department the reports of its operations during the quarter of the year ending the last day of the preceding month as the department requires. Nothing in this section may be construed to eliminate the requirement as to registration and identification markers otherwise provided by this chapter.

Section 56-11-440. The tax herein imposed with respect to each calendar quarter shall be paid to the department at the same time the report required by this chapter is filed.

Section 56-11-450. (A) Every motor carrier subject to the tax imposed under this chapter is entitled to a credit on the tax equivalent to sixteen cents per gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by the carrier. Evidence of the payment of the tax in such form as may be required by or is satisfactory to the department must be furnished by each carrier claiming the credit.

(B) When the amount of the credit exceeds the amount of the tax for which the carrier is liable for the same quarter, the excess may, under regulations of the department, be allowed as a credit on the tax for which the carrier would be otherwise liable for another quarter or quarters. The department is authorized to refund the amount of the credit herein allowed if within its discretion the refund is preferable to the credit. The refund must be made only if the carrier has fully complied with all the rules and regulations of the department and the provisions of this chapter.

Section 56-11-490. The excise tax and penalties and interest imposed under this chapter constitutes a first preferred lien upon any motor vehicle in which fuel taxable under this chapter is used, the lien attaching at the time the vehicle is operating in this State through the use of the fuel. The lien must not be removed until the excise tax, penalties and interest, and legal costs are paid or the property subject to the lien is sold in payment thereof, and the lien is paramount to all private liens or encumbrances of whatever character and to the rights of any conditional vendor or any other holder of the legal title in or to any such motor vehicle.

Section 56-11-500. As to revenue collected under this chapter or other road taxes on motor carriers, the department must withhold from the State Highway Fund monies not to exceed the actual or projected costs associated with administering and enforcing the provisions of this chapter. The State Treasurer and the Comptroller General shall establish accounts as necessary to facilitate the efficient and effective operation of this chapter and deposit from the State Highway Fund initial monies as may be necessary to operate this program. All remaining taxes and penalties and interest collected by the department pursuant to the provisions of this chapter must be deposited in the State Highway Fund.

Article 7

International Fuel Tax Agreement

Section 56-11-550. Upon filing a return, the Department of Public Safety may distribute funds to International Fuel Tax Agreement states before the collection of funds from a person covered by the agreement. If the person has not remitted the funds within ninety days after being sent a collection notice, the department must revoke the authority of the person to operate in South Carolina and other states. The department may collect a person's past deficient payments by adjusting future distributions to states to which distributions previously had been made."

Licensing period changed; etc.

SECTION 225. Section 56-15-310 of the 1976 Code is amended to read:

"Section 56-15-310. (A) Before engaging in business as a dealer or wholesaler in this State, a person first must make application to the department for a license. Each license issued expires twelve months from the month of issue (licensing period) and must be displayed prominently at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to another person or place of business except that a licensed dealer may exhibit and sell motor homes, as defined by Section 56-15-10, at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a temporary dealer's license in the manner required by this section. No other exhibitions may be allowed, except as may be permitted by this section. Before exhibiting and selling motor homes at temporary locations as permitted above, the dealer shall first make application to the department for a license. To be eligible for a temporary license, a dealer shall hold a valid dealer's license issued pursuant to this chapter. Every temporary dealer's license issued is valid for a period not to exceed ten consecutive days and must be prominently displayed at the temporary place of business. No dealer may purchase more than six temporary licenses in any one licensing period. The fee for each temporary license issued is twenty dollars. A temporary license applies to only one dealer operating in a temporary location and is not transferable to any other dealer or location.

Any person failing to secure a temporary license as required by this section is guilty of a misdemeanor and, upon conviction, must be punished in the same manner as he would be punished for failure to secure his regular dealer's license.

The provisions of this section may not be construed as allowing the sale of any type of motor vehicles other than motor homes at authorized temporary locations.

(B) A person who fails to secure either a temporary or a permanent license as required in this chapter is guilty of a misdemeanor and, upon conviction, must be fined:

(1) not less than fifty dollars or more than two hundred dollars or imprisoned for not more than thirty days for the first offense;

(2) not less than two hundred dollars or more than one thousand dollars or imprisoned for not more than six months, or both, for the second offense; and

(3) not less than one thousand dollars or more than ten thousand dollars or imprisoned for not more than two years, or both, for the third or any subsequent offense.

For purposes of this section, the sale of each motor vehicle constitutes a separate offense."

Section reorganized

SECTION 226. Section 56-15-340 of the 1976 Code is amended to read:

"Section 56-15-340. (A) Every dealer or wholesaler shall keep complete records of each transaction under which a motor vehicle is transferred for a period of not less than four years from the date of the transaction. The records must show the true name and correct address of the person or persons from whom the motor vehicle was acquired and the date of the transaction; a correct description of the vehicle, when transferred; the true name and correct address of the person to whom the motor vehicle was transferred; and the date of the transaction. The description of the motor vehicle must include the vehicle identification number, make, model, type of body, and the odometer readings at the time the motor vehicle was transferred to and from the dealer or wholesaler. These records must be open at all reasonable times for inspection and copying by the department or any of its duly authorized agents.

(B) The records kept by the dealer or wholesaler must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the recordkeeper or the department's inspector or agent are not in compliance with this section.

(C) If any dealer or wholesaler fails to keep the required records or fails to make them available to the department or its duly authorized agents immediately upon a reasonable request, the dealer or wholesaler is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for up to thirty days. The failure to keep or to make available to the department or its duly authorized agents complete records on each separate motor vehicle constitutes a separate offense."

Jurisdictional authority changed

SECTION 227. Section 56-15-560 of the 1976 Code, as added by Act 70 of 1995, is amended to read:

"Section 56-15-560. Before engaging in business as a wholesale motor vehicle auction in this State, an application must be filed with the department furnishing the information it requires including, but not limited to, information adequately identifying by name and address individuals who own or control ten percent or more of the interest of the applicant. Each license issued expires twelve months from the month of issuance and must be displayed prominently at the established place of business. The license applies to only one place of business of the applicant and is not transferable to another person or place of business. The fee for the license is fifty dollars."

Administering agency changed; provisions deleted

SECTION 228. Section 56-15-570 of the 1976 Code, as added by Act 70 of 1995, is amended to read:

"Section 56-15-570. (A) Each applicant for licensure as a wholesale motor vehicle auction shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form prescribed by the department. The bond must be given to the department and executed by the applicant as principal and by a corporate surety company authorized to do business in this State as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of fraud practiced or fraudulent representation made by the licensee in connection with the sale or transfer of a motor vehicle by the licensee or its agent acting for it or within the scope of employment of the agent or loss or damage suffered by reason of a violation by the licensee or its agent of this chapter.

(B) An owner or his legal representative who suffers loss or damage has a right of action against the wholesale motor vehicle auction and against the licensee's surety upon the bond and may recover damages as provided in this chapter. However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for all claims is limited to fifteen thousand dollars on each bond and to the amount of the actual loss incurred. The surety may terminate its liability under the bond by giving the department thirty days' written notice of its intent to cancel the bond. The surety shall notify the department if the bond is canceled. The cancellation does not affect liability incurred or accrued before the cancellation."

Licensing period restated; etc.

SECTION 229. Section 56-16-140 of the 1976 Code is amended to read:

"Section 56-16-140. (A) Before engaging in business as a motorcycle dealer or wholesaler in this State, every person must first make application to the department for a license. Every license issued expires twelve months from the date of issue and must be prominently displayed at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to any other person or place of business.

(B) A person who fails to secure a license as required in this chapter is guilty of a misdemeanor and, upon conviction, must be fined:

(1) not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days for the first offense;

(2) not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than six months, or both, for the second offense; and

(3) not less than one thousand dollars nor more than ten thousand dollars or imprisoned for not more than two years, or both, for the third or any subsequent offense.

For purposes of this subsection, the sale of each motorcycle constitutes a separate offense."

Section reorganized

SECTION 230. Section 56-16-170 of the 1976 Code is amended to read:

"Section 56-16-170. (A) Every dealer or wholesaler shall keep complete records of each transaction under which a motorcycle is transferred for a period of not less than four years from the date of the transaction. The records must show the true name and correct address of the person or persons from whom the motorcycle was acquired and the date of the transaction; a correct description of the motorcycle, when transferred; the true name and correct address of the person to whom the motorcycle was transferred; and the date of the transaction. The description of the motorcycle must include the motorcycle identification number, make, model, type of body, and the odometer readings at the time the motorcycle was transferred to and from the dealer or wholesaler. These records must be open at all reasonable times for inspection and copying by the department or any of its duly authorized agents.

(B) The records kept by the dealer or wholesaler must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the recordkeeper or the department's inspector or agent are not in compliance with this section.

(C) If any dealer or wholesaler fails to keep the required records or fails to make them available to the department or its duly authorized agents immediately upon a reasonable request, the dealer or wholesaler is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for up to thirty days. The failure to keep or to make available to the department or its duly authorized agents complete records on each separate motorcycle constitutes a separate offense."

Criminal penalties enacted

SECTION 231. Title 56 of the 1976 Code is amended by adding:

"CHAPTER 17

Criminal Penalties

Section 56-17-10. A person required by a provision of law or by regulation to purchase a license, keep any records, or supply any information, who wilfully fails to purchase a license, keep the records, or supply the information or who wilfully falsifies information so supplied, at the time or times required by law or regulation, in addition to other penalties provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than one year, or both, including the cost of prosecution."

Moped defined

SECTION 232. Section 56-19-10(44) of the 1976 Code, as last amended by Act 94 of 1991, is further amended to read:

"(44) `Moped': Notwithstanding item (2), every cycle with pedals to permit propulsion by human power or without pedals and with a motor of not more than fifty cubic centimeters which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty miles an hour on level ground is a moped. If an internal combustion engine is used, the moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."

Odometer disclosure statement deleted; etc.

SECTION 233. Section 56-19-240 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 56-19-240. (1) An application for a certificate of title for a vehicle in this State must be made by the owner to the department on the form it prescribes and must contain or be accompanied by:

(a) the name and residence and mailing address of the owner;

(b) a description of the vehicle, including, so far as the following data exists, its make, model, year, vehicle identification number, type of body, odometer reading at the time of application, and whether new or used;

(c) the date of acquisition by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements;

(d) an odometer disclosure statement made by the transferor of the vehicle and acknowledged by the transferee. The statement must be in compliance with federal guidelines and as prescribed by the department. Where more than one transfer has intervened between the previous certificate of title and the application for a new certificate of title, it must be shown that the certificate of title has been signed by the owner or by the owner's attorney in fact, and there must be for each intervening transfer thereafter a bill of sale in a form approved by the department, including a completed odometer disclosure statement. Additionally, the odometer disclosure statement on the application form must be completed by the applicant;

(e) any further information or documentation the department reasonably requires to enable it to determine: the identity of the vehicle, whether the owner is entitled to a certificate of title, the existence or nonexistence of security interests in the vehicle, and the accuracy of the odometer disclosure statement.

(2) If the application is not for the first certificate of title, it shall be accompanied by the last certificate of title previously issued for the vehicle, whether issued by this State or another state or country.

(3) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application to the department. If the application refers to a new vehicle purchased from a dealer, the application shall also be accompanied by the manufacturer's certificate of origin.

(4) Any person who knowingly gives a false statement on the application or knowingly gives a false statement concerning the odometer reading on an odometer disclosure statement shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to one thousand dollars or imprisonment of up to one year, or both, at the discretion of the court. These penalties shall be in addition to the penalties provided by the federal odometer law (Subchapter IV of Chapter 46 of Title 15 of the United States CodeÄ15 U.S.C. Sections 1981-1991).

(5) In addition to the other information required in an application, the application for title for a mobile or manufactured home must include the address of the site on which the home is to be placed if different from the owner's address."

Vehicle reported stolen; issuance of title

SECTION 234. Section 56-19-280 of the 1976 Code is amended to read:

"Section 56-19-280. When the theft or conversion of a vehicle is reported to the department pursuant to Sections 56-19-810 or 56-19-820, until the department learns of its recovery or that the report of its theft or conversion was erroneous, it must not issue a certificate of title for the vehicle. A title may be issued on a vehicle that is reported stolen only in cases where the settlement to an insurance company is involved."

Transfer, sale through auction sale; provisions deleted

SECTION 235. Section 56-19-310 of the 1976 Code is amended to read:

"Section 56-19-310. The certificate of title issued to the first owner of a new vehicle must be designated by the letter suffix `A' after the title number. Titles issued to subsequent owners of such a vehicle must be designated `B', `C', `D', and `E' in the order of ownership. Titles issued to subsequent owners shall contain no letter suffix."

Lienholder's authorized agent

SECTION 236. Section 56-19-340 of the 1976 Code is amended to read:

"Section 56-19-340. The certificate of title must be mailed to the first lienholder named in it or given to the lienholder's authorized agent or, if none, to the owner."

Type, severity of damage; report

SECTION 237. Section 56-19-480 of the 1976 Code is amended to read:

"Section 56-19-480. (A) An owner who scraps, dismantles, destroys, or in any manner disposes to another as wreckage or salvage, a motor vehicle otherwise required to be titled in this State immediately shall mail or deliver to the department the vehicle's certificate of title notifying the department to whom the vehicle is delivered together with a report indicating the type and severity of any damage to the vehicle.

(B) If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department.

(C) All insurance companies which make payments on liability, collision, fire, theft, or comprehensive policies for damaged motor vehicles in this State shall allow department officials to examine all records of the company which pertain to payments made pursuant to the policies during normal working hours.

(D) Vehicles acquired by insurance companies as outlined above are exempt from ad valorem property taxes and inventory taxes, and the transfers of the vehicles to and from insurance companies exempt from sales taxes.

(E) If a salvage vehicle is rebuilt, a regular certificate of title may not again be issued except upon submission of an application stating that the vehicle has been rebuilt and containing the information ordinarily required by the department for the issuance of a certificate of title as well as any information the department may require about the identity of the vehicle, the source and cost of any parts used in, and the extent of any repairs or other work done to the vehicle. In addition, the department may require the vehicle to undergo an inspection by the Highway Patrol or someone authorized by the department to check the identity or the safety of the vehicle, or both. Any regular certificate of title issued by the department for a previously salvaged vehicle must be annotated to show that the vehicle was `salvaged-rebuilt' and the reason why the vehicle was salvaged.

(F) The manufacturer's serial plate or vehicle identification number (VIN) plate must remain with the vehicle at all times until the vehicle is shredded, crushed, melted, or otherwise destroyed.

(G) For purposes of this section, a `wrecked vehicle', a `salvage vehicle', and a `vehicle declared to be a total loss' are all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later.

(H) A person violating any provision of this section is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not less than two nor more than five hundred dollars, or imprisoned for not more than thirty days, or both. For a second or subsequent offense, the fine must not be less than five hundred dollars and not more than one thousand dollars or imprisonment for not more than one year, or both."

Supplemental lien created by owner; etc.

SECTION 238. Section 56-19-650 of the 1976 Code is amended to read:

"Section 56-19-650. If an owner creates a security interest in a vehicle:

(1) The owner immediately shall execute the application, in the space provided for on the certificate of title or on a separate form the department prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application, and the required fee to be delivered to the lienholder.

(2) The lienholder immediately shall cause the certificate, application, and the required fee to be mailed or delivered to the department.

(3) If the certificate of title is in the possession of a lienholder and a supplemental lien is created by the owner, the subsequent lienholder shall secure the title from the first lienholder and forward to the department the required application and the title for perfecting the lien, together with the required fee. The department when satisfied that the application is in order shall issue a new certificate of title containing the name and address of the new lienholder and mail the certificate to the first lienholder named on it. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement."

Unnecessary definition deleted

SECTION 239. Section 56-23-10 of the 1976 Code, as last amended by Section 1494 of Act 181 of 1993, is further amended to read:

"Section 56-23-10. No person may engage in the business of training or educating persons to drive or operate motor vehicles or offer training or education, for which a fee or charge is made, unless and until the person has obtained and holds a valid driver training school license issued by the department."

Authority to promulgate regulations deleted; etc.

SECTION 240. Section 56-25-10 of the 1976 Code, as last amended by Section 1498 of 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. The director of the department shall execute all documents and perform all other acts necessary to carry out the provisions of the compacts. The department shall maintain a current list of those jurisdictions which have entered into the compacts. The list and copies of the compacts shall from time to time be disseminated to those agencies and individuals who are responsible for enforcement of their provisions."

Suspension permitted rather than required; etc.

SECTION 241. Section 56-25-20 of the 1976 Code is amended to read:

"Section 56-25-20. When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation issued in this or any compact jurisdiction, the department may suspend or refuse to renew the person's driver's license if the notice from a South Carolina court or the driver licensing authority of a compact jurisdiction is received no more than twelve months from the date on which the traffic citation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the citation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.

Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic citation, the department shall notify the licensing authority in the compact jurisdiction for such action as appropriate under the terms of the compacts."

Terms mean private passenger motor vehicle; exclusion removed

SECTION 242. Section 56-28-10(4) and (5) of the 1976 Code are amended to read:

"(4) `Motor vehicle' means a private passenger motor vehicle, as classified by Section 56-3-630, but excluding the living portion of recreational vehicles and off-road vehicles, which is sold and registered in this State.

(5) A `new motor vehicle' means a private passenger motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer."

Administering agency changed

SECTION 243. Section 56-29-20(5) of the 1976 Code, as last amended by Section 1500 of 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, used by the manufacturer or the Motor Vehicle Division of the department for the purpose of uniquely identifying a motor vehicle or motor vehicle part."

Administering agency changed; etc.

SECTION 244. Section 56-29-50(E)(1), (I), and (M) of the 1976 Code, as last amended by Section 1501 of Act 181 of 1993, are further amended to read:

"(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 at the department or any other department of the State, or any other 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 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 department which 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 department 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 certification of the seizing agency that a state-assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."

Administering agency changed; etc.

SECTION 245. Section 56-31-50(C), (D) of the 1976 Code, as added by Part II, Section 69A of Act 501 of 1992 and as last amended by Section 1502 of Act 181 of 1993, are 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 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 State Treasurer's office for deposit in the state general fund.

(D) Any rental company which makes a false report to the department 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 not exceeding one thousand dollars or by a term of imprisonment not exceeding one year, or both. Each violation constitutes a separate offense."

Provisions repealed; renumbering by Code Commissioner

SECTION 246. A. Chapter 31 of Title 12, Sections 12-4-400, 12-4-410, 12-37-2740, 20-7-947, 23-6-10(3), 23-6-200, 56-1-225(b), 56-1-520, 56-1-530, 56-1-550, 56-1-560, 56-1-830, 56-1-840, 56-1-1120, 56-1-3390, 56-3-20(21), 56-3-251, 56-3-420, 56-3-880, 56-3-1010(3), 56-3-1160, 56-3-1950(1), 56-3-2410, 56-3-2500, 56-3-2670, 56-3-2750, 56-5-370, 56-5-2960, 56-5-5015(L), 56-5-5610, 56-5-5680, 56-5-5830, 56-5-5860, 56-5-5930, 56-5-6180, 56-9-20(1), 56-9-20(2), 56-9-310, 56-10-210(3), 56-10-290, 56-10-300, 56-15-10(r), 56-15-360, 56-16-10(r), 56-16-190, 56-19-10(5), 56-19-30, 56-27-10(c), 38-73-456, and 38-77-175 of the 1976 Code are repealed.

B. For each item repealed in subsection A., the Code Commissioner shall renumber all existing items as may be necessary to conform the remaining items in each existing section.

Time effective

SECTION 247. This act takes effect upon approval by the Governor.

Approved the 5th day of June, 1996.