Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 17, 2006
S. 766
S. Printed 5/17/06--H.
Read the first time February 8, 2006.
To whom was referred a Bill (S. 766) to amend Section 58-23-40, Code of Laws of South Carolina, 1976, relating to the transportation of persons or property for compensation on any improved public highway, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 58-23-40 of the 1976 Code is amended to read:
"Section 58-23-40. No A motor vehicle carrier shall hereafter operate for the transportation of shall obtain a certificate from the Office of Regulatory Staff, pursuant to the provisions of Article 3 of this chapter and pay the license fee required pursuant to Article 5 of this chapter before the motor vehicle carrier may: (1) transport persons or property for compensation on any improved public highway in this State; or (2) advertise as an operator for the transportation of persons or property for compensation on any improved public highway in this State without first having obtained from the Commission, under the provisions of Article 3 of this chapter, a certificate and paid the license fee required by Article 5."
SECTION 2. Section 58-23-80 of the 1976 Code, as last amended by Act 439 of 1996, is further amended to read:
"Section 58-23-80. (A) Unless otherwise provided in this section, Every An officer, agent, or employee of any a corporation and every any other person who wilfully violates or fails to comply with or who procures, aids, or abets in the violation of any provision of Articles 1 through 12 of this chapter or who fails to obey, observe, or comply with any lawful order, decision, regulation, direction, demand, or requirement of the commission or the Office of Regulatory Staff or any part or provision thereof is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days.
(B)Any An officer, agent, or employee of a corporation or any other person operating as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both. A violation must not be charged more than once for any single load.
(C) Any An officer, agent, or employee of a corporation or any other person operating as a carrier of household goods or as a carrier of hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements contained in provided pursuant to Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E). No A violation may must not be charged more than once for any single given load.
(D) An officer, agent, or employee of a corporation or any other person advertising as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars. A violation must not be charged more than once for any single load.
(E) An officer, agent, or employee of a corporation or any other person advertising as a carrier of household goods or hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements provided pursuant to Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E). A violation must not be charged more than once for any single load."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
HARRY F. CATO for Committee.
TO AMEND SECTION 58-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT ANY MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING HIMSELF OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, RELATING TO PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58, SO AS TO PROVIDE THAT ANY PERSON VIOLATING THOSE PROVISIONS MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS; AND TO AMEND SECTION 58-23-590, RELATING TO THE REGULATION OF HOUSEHOLD GOODS AND HAZARDOUS WASTE CARRIERS, SO AS TO PROVIDE THAT A CARRIER OPERATING IN VIOLATION OF THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58 MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-23-40 of the 1976 Code is amended to read:
"Section 58-23-40. No A motor vehicle carrier shall hereafter operate for the transportation of must not: (1) transport persons or property for compensation on any improved public highway in this State, or (2) advertise as an operator for the transportation of persons or property for compensation on any improved public highway in this State without first having obtained a certificate from the Commission Office of Regulatory Staff, under the provisions of Article 3 of this chapter, a certificate and paid the license fee required by Article 5."
SECTION 2. Section 58-23-80 of the 1976 Code is amended to read:
"Section 58-23-80. Every officer, agent, or employee of any corporation and every other person who wilfully violates or fails to comply with or who procures, aids, or abets in the violation of any provision of Articles 1 through 12 of this chapter or who fails to obey, observe, or comply with any lawful order, decision, regulation, direction, demand, or requirement of the commission or any part or provision thereof is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days. Any officer, agent, or employee of a corporation or any other person either: (1) operating as a passenger carrier, or (2) advertising as a passenger carrier who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both. Any officer, agent, or employee of a corporation or any other person either: (1) operating as a carrier of household goods or as a carrier of hazardous waste for disposal or (2) advertising as a carrier of household goods or hazardous waste for disposal who violates or who aids and abets in the violation of the provisions of the certification and registration requirements contained in Section 58-23-40 is guilty of a misdemeanor and, upon conviction, must be fined as provided in Section 58-23-590(E) and may be imprisoned for a term not to exceed thirty days. No violation may be charged more than once for any single given load."
SECTION 3. Section 58-23-590(E) of the 1976 Code is amended to read:
"(E) The commission is authorized to employ necessary personnel to administer and enforce the provisions of this chapter as they apply to carriers of household goods and hazardous waste for disposal. A carrier operating in violation of a provision of Articles 1 through 12 of this chapter is guilty of a misdemeanor and, upon conviction, must pay penalties provided in Section 58-23-80. A fine of; however, any corporation or person either: (1) operating as a carrier of household goods or hazardous waste for disposal, or (2) advertising as a carrier of household goods or hazardous waste for disposal in violation of Section 58-23-40 must be fined one thousand dollars is imposed on the violators of the certification and registration requirements and may be imprisoned for a term not to exceed thirty days. Seventy-five percent of this fine must be remitted to the commission Office of Regulatory Staff to be used for the operation of the Office of Compliance. Magistrates have jurisdiction over contested violations of this section and are prohibited from suspending or reducing the penalties fines."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:51 P.M.