South Carolina General Assembly
114th Session, 2001-2002

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Bill 3492


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3492
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010207
Primary Sponsor:                  White
All Sponsors:                     White, Barrett, Chellis, Cooper, Emory, 
                                  Hayes, Keegan, Klauber, Law, Martin, McGee, 
                                  J.M. Neal, Ott, Rice, Taylor, Thompson, 
                                  Townsend, Trotter and A. Young
Drafted Document Number:          l:\council\bills\skb\18140som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Date of Last Amendment:           20010607
Subject:                          DUI, first offense; fee increase for; 
                                  revenue used for highway patrol, 
                                  Transportation, Public Safety Department, 
                                  Traffic


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010607  Recommitted to Committee               25 HJ
Senate  20010607  Amended, read third time, 
                  returned to House with amendment
Senate  20010530  Read second time, notice of
                  general amendments
Senate  20010517  Recalled from Committee,               11 SJ
                  placed on the Calendar
Senate  20010306  Introduced, read first time,           11 SJ
                  referred to Committee
House   20010302  Read third time, sent to Senate
House   20010301  Read second time, unanimous
                  consent for third reading on 
                  Friday, 20010302
House   20010228  Committee report: Favorable            25 HJ
House   20010207  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on February 28, 2001 - Word format
Revised on May 17, 2001 - Word format
Revised on June 7, 2001 - Word format

View additional legislative information at the LPITS web site.


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

Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

June 7, 2001

    H. 3492

Introduced by Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J.M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A. Young

S. Printed 6/7/01--S.

Read the first time March 6, 2001.

            

A BILL

TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

    Amend Title To Conform

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

SECTION    1.    Section 56-1-1320 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

    "Section 56-1-1320.    (A)    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, including Section 56-5-2930 and Section 56-5-2933, 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 one hundred 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.

    (B)    Ninety-five dollars of the collected fee must be credited to the General Fund of the State for use of the Department of Public Safety in the hiring and training of additional members of the South Carolina Highway Patrol and Transportation Police."

SECTION    2.    Section 56-1-170(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, if further amended to read:

    "(3)    The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    3.    Section 56-1-286(K)(1) of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

    "(1)    obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five seventy-five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and"

SECTION    4.    Section 56-1-390 of the 1976 Code, as last amended by Section 104, Part II, Act 100 of 1999, is further amended to read:

    "Section 56-1-390.    (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 one hundred dollars for each suspension on his driving record that has not been reinstated. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). 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.

    (2)    All The fees collected by the department under this provision must be distributed as follows: seventy dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles, twenty-nine dollars placed in the state general fund, except and one dollar of the fees listed in subsection (1) must be credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."

SECTION    5.    Section 56-1-740(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

    "(3)    The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    6.    Section 56-1-745(C)(3) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

    "(3)    The fee for each a special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    7.    Section 56-1-746(D)(3) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

    "(3)    The fee for each a special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    8.    Section 56-5-750(G)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

    "(3)    The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    9.    A.    1.    Section 56-5-2951(D)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

    "(1)    obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty- one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five seventy-five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and"

B. Section 56-5-2951(J)(3) of the 1976 Code, as added by Act 434 of 1998, is amended to read:

    "(3)    The fee for each a special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    10.    Section 56-9-430(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

    "(3)    The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    11.    Section 56-10-260(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:"

    "(3)    The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    12.    Section 56-10-270(c)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

    "(3)    The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

SECTION    13.    Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

    "Section 56-1-555.    Revenues of fees imposed in this title required to be placed by the Comptroller General into a special restricted account for use by the Department of Public Safety in the hiring, training, and equipping members of the South Carolina Highway Patrol or for use by that department to defray the expenses of its Division of Motor Vehicles may not be used on any method of enforcement of the motor vehicle safety belt law by employing the driver's license check or registration check exception to primary enforcement allowed pursuant to Section 56-5-6540(B) if such checkpoints are established as part of the "Clickit or Ticket" campaign for the enforcement of the motor vehicle safety belt law or any other program by whatever name for the systematic enforcement of these laws."

SECTION    14.    Section 56-5-6410 of the 1976 Code is further amended to read:

    "Section 56-5-6410.    Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six five years of age or younger upon the public streets and highways of the State shall must provide an appropriate child passenger restraint system and shall must secure the child as follows:

    (1)    Any A child three years of age or less from birth up to one year of age or who weighs less than twenty pounds must be properly secured in a rear-facing child restraint system safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

    (2)    Any A child four or five years of age who is at least one year of age but less than six years of age and who weighs at least twenty pounds but less than forty pounds must be secured by a in a forward-facing child safety belt seat provided in the motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

    (3)    A child who is at least one year of age but less than six years of age and who weighs at least forty pounds but not more than eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

    (4)    If a child is at least one year of age but less than six years of age and weighs more than eighty pounds, the child may be restrained in an adult safety belt. If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

    (5)    A child who is less than six years of age must not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than six years of age.

    Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

SECTION    15.    The 1976 Code is amended by adding:

    "Section 56-5-70.    Notwithstanding any provision of this chapter or any other provision of law, during a state of emergency declared by the Governor and for thirty days thereafter, requirements relating to registration, permitting, length, width, weight, load, and time of service are suspended for commercial and utility vehicles that do not exceed a gross weight of nine thousand pounds and a width of twelve feet responding to the state of emergency. All vehicles operated upon the public highways of this State under the authority of this section must:

    (1)    be operated in a safe manner;

    (2)    maintain required limits of insurance;

    (3)    be clearly identified as a utility vehicle or provide appropriate documentation indicating it is a commercial vehicle responding to the emergency."

SECTION    16.    A. Section 56-5-6410 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

    "Section 56-5-6410.    Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State shall must provide an appropriate child passenger restraint system and shall must secure the child as follows:

    (1)    Any A child three years of age or less from birth to twenty pounds and one year of age must be properly secured in a rear facing child restraint system safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

    (2)    Any A child four or five years of age who is between twenty pounds and one year of age to forty pounds and age four must be secured by a in a forward facing child safety belt seat provided in the motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

    (3)    A child up to the age of six years who is between forty and eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

    (4)    If a child up to the age of six years is over eighty pounds, the child may be restrained in an adult seat belt. If a child under the age of six years can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be moved out of the booster seat into the regular back seat and secured by the adult seat belt.

    Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

B.        Section 56-1-50 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

    "Section 56-1-50.    (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.

    (B)    The permit is valid only in the operation of:

        (1)    vehicles during the daylight hours after six o'clock a.m. and not later than midnight. Except as provided in subsection (E), while driving, the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience. A permittee may not drive between midnight and six o'clock a.m. unless accompanied by the permittee's licensed parent or guardian;

        (2)    motorcycles, motor scooter scooters, or light motor-driven cycle cycles of five-brake horsepower or less during daylight hours after six o'clock a.m. and not later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the permittee may operate motor scooters or light motor-driven cycles after six o'clock a.m. and not later than eight o'clock p.m. A permittee may not operate a motorcycle, motor scooter, or light motor-driven cycle at any other time unless supervised by the permittee's motorcycle licensed parent or guardian.

    (C)    Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience, and who is occupying The accompanying driver must occupy a seat beside the driver permittee, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver permittee on a saddle-type seat or beside the driver permittee on a bench-type seat.

    (D)    A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. A permit is not valid until it has been signed by the permittee.

    (E)    The following persons are not required to obtain a beginner's permit to operate a motor vehicle:

        (1)    a student regularly enrolled in a high school of this State which conducts a driver's training course while the student is participating in the course and when accompanied by a qualified instructor of the course; and

        (2)    a person fifteen years of age or older enrolled in a driver training course conducted by a driver training school licensed under Chapter 23 of this title. However, this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.

    (F)    A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety one hundred twenty days before being eligible for full licensure.

    (G) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."

C.        Section 56-1-175 of the 1976 Code, as added by Act 258 of 1998, is amended to read:

    "Section 56-1-175.    (A)    The department may issue a provisional conditional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

        (1)    held a beginner's permit for at least ninety one hundred eighty days;

        (2)    passed a driver's education course as defined in subsection (D)(E);

        (3)    completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;

        (4)    passed successfully the road tests or other requirements the department may prescribe; and

        (4)(5)    satisfied the school attendance requirement contained in Section 56-1-176.

    (B) A provisional conditional driver's license is valid only in the operation of:

        (1)    vehicles during daylight hours. The holder of a provisional conditional license must be accompanied by a licensed adult twenty-one years of age or older after six o'clock p.m., or eight o'clock p.m. during daylight saving time. A provisional conditional driver's license holder may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian;

        (2)    a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.

    (C)    The maximum number of passengers a conditional driver's license holder may transport in a vehicle must not exceed the number of seat belts for which the vehicle is equipped.

    (D)    Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional conditional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

    (D)(E)    A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.

    (E)(F)    For purposes of issuing a provisional conditional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."

D.    Section 56-1-176 of the 1976 Code, as added by Act 258 of 1998, is amended to read:

    "Section 56-1-176.    (A)    School attendance is a condition for the issuance of a provisional conditional driver's license and a special restricted driver's license. The department may not issue a provisional conditional driver's license or a special restricted driver's license to a person pursuant to Section 56-1-175 or Section 56-1-180 unless the person:

        (1)    has a high school diploma or certificate, or a General Education Development Certificate; or

        (2)    is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education or is home schooled under the provisions contained in Sections 59-65-40, 59-65-45, or 59-65-47, and:

            (a)    the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

            (b)    the person is not suspended or expelled from school.

    (B)    Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."

E.        Section 56-1-180 of the 1976 Code, as last amended by Act 258 of 1998, is amended to read:

    "Section 56-1-180.    (A)    The department may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age, who first has: held a beginner's permit for ninety days and who has successfully passed the road tests or other requirements the department in its discretion may prescribe

        (1)    held a beginner's permit for at least one hundred twenty days;

        (2)    passed a driver's education course as defined in subsection (F);

        (3)    completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;

        (4)    passed successfully the road test or other requirements the department may prescribe; and

        (5)    satisfied the school attendance requirement contained in Section 56-1-176.

    (B)    The special restricted driver's license is valid only in the operation of:

        (1)    vehicles during daylight hours. During nighttime hours, the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian. The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

            (a)    employment or the opportunity for employment;

            (b)    travel between the licensee's home and place of employment or school; or

            (c)    travel between the licensee's home or place of employment and vocational training;

        (2)    a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

    (C)    The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.

    (D)    A special restricted license holder may not transport more than two passengers who are under twenty-one years of age unless accompanied by a licensed adult twenty-one years of age or older. This restriction does not apply when the special restricted license holder is transporting family members, or students to or from school.

    (E)    Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the special restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

    (F)    A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instruction permit contained in Section 56-23-85.

    (G)    For purposes of issuing a special restricted driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."

F.        Section 56-1-185 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

    "Section 56-1-185.    (A)    A person while operating a motor vehicle under a conditional or a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six twelve months and is not eligible to be issued a regular driver's license until one year from the date of the last traffic offense or accident in which he was at fault or until he is seventeen years of age during which period the licensee must be free of any traffic convictions.

    (B)    A person while operating a motor vehicle under a beginner's permit or a provisional conditional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."

G. Section 56-1-40(1) of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

    "(1)    who is under seventeen years of age, except that the department may issue a license to a sixteen-year-old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional conditional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record or has not been involved in an accident in which he was at fault during that period. However, the department may issue a beginner's permit as provided in Section 56-1-50 to a person who is at least fifteen years of age and meets the requirements of that section. The department also may issue a special restricted driver' license to a person who is at least sixteen years of age and less than seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"

H.    Section 56-1-130(C) of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:

    "(C)    A basic driver's license authorizes the licensee to operate motor vehicles, automotive 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. Notwithstanding any other provision of law, the holder of a provisional conditional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional conditional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

    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, motorcycle three-wheel vehicle, 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."

I. This section takes effect upon approval by the Governor and applies to persons who obtain a beginner's permit after the effective date of this section.

SECTION 17.    Section 56-10-553 of the 1976 Code, as added by Act 154 of 1997, is amended to read:

    "Section 56-10-553.    (A)    The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured Motorist Fund, and the net funds received from the Department of Insurance from the uninsured motorist fee during the fiscal year.

    (B)    The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.

    (C)    The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner 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 in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.

    (D)    The Department of Public Safety must provide an annual report to the General Assembly containing the information required in subsections (A) and (B) of this section."

SECTION    18 .A.    Chapter 5, Title 56 of the 1976 Code is amended by adding:

    "Section 56-5-7000.        (A)    Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:

        (1)    the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;

        (2)    identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;

        (3)    the alleged traffic violation that led to the stop;

        (4)    whether the vehicle, personal effects, driver, or any passengers were searched;

        (5)    the basis for the search; and

        (6)    the race or ethnicity of the officer.

    (B)    Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.

    (C)    The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.

    (D)    The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.

    (E)    Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:

        (1)    the number of complaints received by type and location of incident by county;

        (2)    the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;

        (3)    the disposition for each complaint including, but not limited to, the following:

            (a)    exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;

            (b)    sustained. The investigation disclosed sufficient evidence to prove the allegation;

            (c)    not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;

            (d)    unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and

        (4)    the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.

    (F)    As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.

    (G)    The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.

    (H)    Nothing in this section, in and of itself, may be construed to create a private cause of action.

    (I)    Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section."

B. Section 56-5-7000 is repealed July 1, 2006.

C.    Subsections A and B take effect on July 1, 2002.

SECTION    19.    Except as otherwise specified, this act takes effect July 1, 2001.

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This web page was last updated on Tuesday, December 8, 2009 at 11:21 A.M.