South Carolina General Assembly
117th Session, 2007-2008

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S. 1097

STATUS INFORMATION

General Bill
Sponsors: Senator Hutto
Document Path: l:\council\bills\swb\5437cm08.doc
Companion/Similar bill(s): 3980

Introduced in the Senate on February 13, 2008
Currently residing in the Senate Committee on Transportation

Summary: Department of Motor Vehicles

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/13/2008  Senate  Introduced and read first time SJ-16
   2/13/2008  Senate  Referred to Committee on Transportation SJ-16

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/13/2008

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

A BILL

TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLE", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUANCE OF A REPORT OF CONVICTIONS THAT OCCUR IN THE STATE OF PERSONS FROM OTHER STATES TO THE PERSONS' HOME STATE, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO PERSONS FROM CANADA AND MEXICO; TO AMEND SECTION 56-1-790, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER JURISDICTIONS FOR THE PURPOSE OF REPORTING CONVICTIONS IN ONE JURISDICTION BY A PERSON HOLDING A DRIVER'S LICENSE IN ANOTHER STATE, SO AS TO PROVIDE THAT WHEN A RESIDENT OF THIS STATE HAS BEEN CONVICTED OF A MOTOR VEHICLE VIOLATION IN ANOTHER STATE FOR WHICH THERE IS NO CORRESPONDING OFFENSE IN THIS STATE, THE CONVICTION MUST BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO CONDUCT THAT DISQUALIFIES A PERSON FROM OPERATING A COMMERCIAL MOTOR VEHICLE, SO AS TO DELETE THE TERM "COMMERCIAL DRIVER'S LICENSE HOLDER" AND REPLACE IT WITH THE TERM "PERSON" AND DELETE THE TERM "USES" AND REPLACE IT WITH THE TERMS "DRIVES OR OPERATES"; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, ALL RELATING TO DEFINITIONS OF CERTAIN TERMS RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE.

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

SECTION    1.    Section 56-1-10 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-1-10.    For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:

(1)    'Driver' means every person who drives or is in actual physical control of a vehicle.

(2)    'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(3)    'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

(4)    'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840.

(5)    'State' means a state, territory, or possession of the United States, and the District of Columbia, or the Commonwealth of Puerto Rico.

(6)    'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.

(7)    'Motor vehicle' means every vehicle which is self- propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(8)    'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.

(9)    'Nonresident' means every person who is not a resident of this State.

(10)    'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.

(11)    'Conviction of a traffic violation or any violation of law for which a driver's license is suspended, cancelled, or revoked' 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 guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or 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 cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(12)    'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.

(13)    'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.

(14)    'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.

(15)    'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.

(16)    'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(17)    'Alcohol concentration' means:

(a)    the number of grams of alcohol for each one hundred milliliters of blood by weight; or

(b)    as determined by the South Carolina Law Enforcement Division for other bodily fluids.

(18)    'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.

(19)    'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface, and whose GVWR is less that three thousand pounds.

(20)    'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.

(21)    'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.

(22)    'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term "person" is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.

(23)    'Division of Motor Vehicle Hearings' means the Division of Motor Vehicle Hearings created by Section 1-23-660. The Division of Motor Vehicle Hearings conducts all hearings or administrative hearings arising from department actions.

(24)    'Administrative hearing' means a 'contested case hearing' as defined in Section 1-23-310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act.

(25)    'Home jurisdiction' means the jurisdiction which has issued and has the power to suspend or revoke the use of a license or permit to operate a motor vehicle."

SECTION    2.    Section 56-1-640 of the 1976 Code is amended to read:

"Section 56-1-640.    The Department of Motor Vehicles shall report each conviction of a person from another party state, Canada, or Mexico occurring within South Carolina to the licensing authority of the home state jurisdiction of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."

SECTION    3.    Section 56-1-790 of the 1976 Code is amended to read:

"Section 56-1-790.    The Department of Motor Vehicles may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State for historical purposes only. The conviction does not affect the points assessed against the person's driver's license record. The historical record shall not serve as the basis for a license suspension or revocation and may not be used to enhance other penalties.

Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State."

SECTION    4.    Section 56-1-2110(E) of the 1976 Code, as last amended by Act 42 of 2005, is further amended to read:

"(E)    A commercial driver's license holder person is disqualified from driving a commercial motor vehicle for life who uses drives or operates a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance."

SECTION    5.    Sections 56-1-630, 56-1-710, and 56-1-1310 are repealed.

SECTION    6.    This act takes effect upon approval by the Governor.

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