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Current Status Bill Number:View additional legislative information at the LPITS web site.536 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010403 Primary Sponsor:Wilson All Sponsors:Wilson Drafted Document Number:l:\council\bills\ggs\22948cm01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:20010604 Subject:Motor vehicles, trucks; requirements for maximum width of; maximum length of allowed on highways increased History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010605 Committed to Committee 25 HJ Senate 20010604 House amendments amended, returned to House with amendment House 20010530 Read third time, returned to Senate with amendment House 20010529 Amended, read second time ------ 20010524 Scrivener's error corrected House 20010523 Committee report: Favorable with 21 HEPW amendment House 20010508 Introduced, read first time, 21 HEPW referred to Committee Senate 20010502 Amended, read third time, sent to House Senate 20010501 Read second time, notice of general amendments Senate 20010501 Committee amendment adopted and amended Senate 20010426 Committee report: Favorable with 15 ST amendment Senate 20010403 Introduced, read first time, 15 ST referred to Committee Versions of This Bill Revised on April 26, 2001 - Word format Revised on May 1, 2001 - Word format Revised on May 2, 2001 - Word format Revised on May 23, 2001 - Word format Revised on May 24, 2001 - Word format Revised on May 29, 2001 - Word format Revised on June 4, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
HOUSE AMENDMENTS AMENDED
June 4, 2001
S. 536
S. Printed 6/4/01--S.
Read the first time May 8, 2001.
TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4030 of the 1976 Code is amended to read:
"Section 56-5-4030. (A) As contained in this section, 'appurtenances' include:
(1) an awning and its support hardware; and
(2) any appendage that is intended to be an integral part of a motor home, house trailer, or truck camper and is installed by the manufacturer or dealer which includes, but is not limited to, vents, electrical outlet covers, and window frames.
(B) The total outside width of a vehicle or the load on it may not exceed one hundred two inches exclusive of safety devices approved by the department.
(C) Appurtenances on motor homes, house trailers, and truck campers may extend to a maximum of six inches on one side and four inches on the other beyond the maximum width requirement contained in subsection (B)."
SECTION 2. Section 56-5-4070(B) of the 1976 Code is 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, except buses and motor homes as approved by the department, or motor homes which may not exceed forty-five feet in length, if the turning radius of the motor home is forty-eight feet or less."
SECTION 3. Section 56-5-4070(F) of the 1976 Code is amended to read:
"(F) Appropriate safety and energy conservation devices and compressors and fuel saving equipment on the front or loading devices on the rear of trailers or semitrailers vehicles must not be considered when determining their length for purposes of this section if the overall length limitations of combinations of vehicles is not exceeded."
SECTION 4. Section 57-3-150 of the 1976 Code, as added by Part II, Section 85A, Act 497 of 1994, is amended to read:
"Section 57-3-150. (A) The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed.
(B) The Department of Transportation may issue to a motor home, house trailer, or truck camper manufacturer, dealer, or transporter an annual trip permit authorizing the unlimited commercial movement of a motor home, house trailer, or truck camper in the manufacturer's, transporter's, or dealer's possession which exceeds the maximum width specified in Section 56-5-4030(B). Notwithstanding the provisions contained in subsection (A), additional permit requirements must not be imposed on the commercial movement of motor homes, house trailers, or truck campers if they comply with the provisions contained in Section 56-5-4030."
SECTION 5. Section 56-3-7750(A) of the 1976 Code, as added by Act 63 of 1999, is amended to read:
"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol the department considers appropriate to a certified service fraternity or sorority. A fraternity or sorority 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. Before a design is approved, however, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design. A fraternity or sorority also may request a change in the emblem, seal, or other symbol once the existing supply has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license 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."
SECTION 6. Section 56-3-7910(A) of the 1976 Code, as added by Act 63 of 1999, is amended to read:
"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred 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."
SECTION 7. Section 56-3-8000(A) of the 1976 Code, as last amended by Act 286 of 2000, is further amended to read:
"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3) or , 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."
SECTION 8. 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."
SECTION 9. Section 56-5-7000 is repealed July 1, 2006.
SECTION 10. SECTIONS 1 through 7 take effect upon approval by the Governor. SECTIONS 8 and 9 take effect on July 1, 2002.
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