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Sponsors: Senator McConnell
Document Path: l:\s-jud\bills\mcconnell\jud0061.gfm.doc
Introduced in the Senate on March 25, 2003
Introduced in the House on May 8, 2003
Last Amended on April 21, 2004
Currently residing in the Senate
Summary: Commercial driver's license, definition of resident of SC provided
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/25/2003 Senate Introduced and read first time SJ-2 3/25/2003 Senate Referred to Committee on Transportation SJ-2 5/1/2003 Senate Polled out of committee Transportation SJ-12 5/1/2003 Senate Committee report: Favorable Transportation SJ-12 5/7/2003 Senate Read second time SJ-11 5/7/2003 Senate Ordered to third reading with notice of amendments SJ-11 5/8/2003 Senate Read third time and sent to House SJ-10 5/8/2003 House Introduced and read first time HJ-95 5/8/2003 House Referred to Committee on Education and Public Works HJ-95 4/13/2004 House Committee report: Favorable with amendment Education and Public Works HJ-47 4/14/2004 Scrivener's error corrected 4/15/2004 House Debate adjourned until Tuesday, April 20, 2004 HJ-25 4/20/2004 House Debate adjourned until Wednesday, April 21, 2004 HJ-21 4/21/2004 House Amended HJ-41 4/21/2004 House Read second time HJ-45 4/22/2004 House Read third time and returned to Senate with amendments HJ-40 4/22/2004 Scrivener's error corrected
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
April 21, 2004
S. Printed 4/21/04--H. [SEC 4/22/04 2:48 PM]
Read the first time May 8, 2003.
TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-2080(A) of the 1976 Code is amended to read:
"(A)(1) No person may be issued a commercial
driver driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.
(2) The department may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:
(a) the test is the same which otherwise would be administered by the department; and
(b) the third party has entered into an agreement with the department which contains at least the following provisions:
(i) authorization for the department or the
Federal Highway Administration FMCSA or its representatives to conduct random examinations, inspections, and audits without prior notice and randomly test commercial driver's license applicants or holders. An applicant or holder who fails retesting shall lose his commercial driver's license;
(ii) permission for the department or its representative to conduct onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the persons participating in the program.
(3)(a) For purposes of determining eligibility to obtain or renew a commercial driver's license, and to the extent permitted by federal law and regulation, the term 'resident of this State' shall include persons authorized by the United States Citizenship and Immigration Services within the Department of Homeland Security to work in the United States. Upon application to obtain or renew a commercial driver's license a person must:
(i) present valid immigration and employment authorization documents, in a form and manner specified by the department, indicating the person's intent to live and work in South Carolina; and
(ii) submit criminal history reports conducted by the State Law Enforcement Division and the Federal Bureau of Investigation.
(b) The person may not be issued an endorsement that authorizes the person to drive:
(i) vehicles transporting hazardous materials;
(ii) vehicles carrying passengers; or
(iii) Department of Education school buses or school district-owned activity buses.
(c) The person may not operate a commercial motor vehicle transporting intermodal containers.
(d) The license must expire on the expiration date of the person's immigration and employment authorization document. However, in no event shall a license expire more than five years from the date of its issuance. In addition, a person pending adjustment of work status who presents appropriate documentation to the department must be granted a one-year license extension that is renewable annually."
SECTION 2. Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-2005. The South Carolina Department of Motor Vehicles shall administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations as promulgated."
SECTION 3. Section 56-1-10(11) of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:
includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court means an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."
SECTION 4. Section 56-1-630(3) of the 1976 Code is amended to read:
"(3) 'Conviction' means
a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses, and which conviction or forfeiture is required to be reported to the licensing authority an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in a court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition or release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."
SECTION 5. Section 56-1-2030(22) of the 1976 Code is amended to read:
"(22) 'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely;
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person
(f) driving a commercial motor vehicle without obtaining a commercial driver's license;
(g) driving a commercial motor vehicle without a commercial driver's license in the driver's possession;
(h) driving a commercial motor vehicle without the proper class of commercial driver's license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported."
SECTION 6. Section 56-1-2100(F) of the 1976 Code is amended to read:
"(F) Every person applying for renewal of a commercial
driver driver's license shall complete the application form required by Section 56-1-2090(A), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed again. Every applicant must take and pass the written test for hazardous material endorsement to obtain or retain the endorsement. The person shall submit to a vision test."
SECTION 7. Section 56-1-2110(F) of the 1976 Code is amended to read:
"(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
Offenses committed by commercial driver's license holders in a commercial or noncommercial vehicle must be considered pursuant to this subsection. As contained in this subsection, serious traffic violations are those contained in Section 56-1-2030(22) and 49 CFR 383.5.
(G) As contained in this subsection, 'traffic violation' means the offenses contained in 49 CFR 383.51 (D) regarding driving disqualifications for violating railroad-highway grade crossing violations. A person is disqualified from driving a commercial motor vehicle pursuant to this subsection for not less than:
(1) sixty days if convicted of a traffic violation committed in a commercial motor vehicle;
(2) one hundred twenty days if convicted of two traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period; and
(3) one year if convicted of three traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period."
SECTION 8. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended revision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
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