South Carolina General Assembly
114th Session, 2001-2002

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Bill 3492


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COMMITTEE REPORT

February 28, 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 2/28/01--H.

Read the first time February 7, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3492) 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, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

            

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.

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 the use of the Department of Public Safety in the hiring and training of additional members of the South Carolina Highway Patrol."

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

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