H*3550 Session 109 (1991-1992)
H*3550(Rat #0494, Act #0421 of 1992) General Bill, By J.L.M. Cromer and
S.G. Manly
A Bill to amend Section 56-1-745, Code of Laws of South Carolina, 1976,
relating to conviction of controlled substance violations, suspension of
driver's license, special restricted driver's license and fees, and insurance
penalty under the Merit Rating Plan, and Section 56-1-746, relating to
driver's license suspension for offenses relating to possession, sale, and
consumption of beer, wine, and alcoholic liquors or for unlawful use or
alteration of a driver's license, so as to, among other things, add enrollemnt
in a college or university as a basis for applying for a special restricted
driver's license, provide that such license allows the person to drive to and
from his place of education and in the course of his employment or education
during the period of suspension, delete certain language, and increase the fee
for each special restricted driver's license, including a reissue caused by
changes in the place and hours of employment, education, or residence, from
ten to twenty dollars; to amend Section 56-3-1970, relating to free parking
for handicapped persons, unlawful acts, and penalties, so as to change the
applicable penalties; to amend the 1976 Code by adding Sections 56-3-1971,
56-3-1972, 56-3-1973, and 56-3-1974, so as to, among other things, provide
that all law enforcement officers issuing tickets on public and private
property and State Law Enforcement Division licensed security officers of
shopping centers and business and commercial establishments, which provide
parking spaces designated for handicapped persons, are authorized to issue a
uniform parking violations ticket to a vehicle for violations of the
prescribed use of the parking spaces, provide that upon conviction for a
violation of Section 56-3-1970, five dollars of the fine assessed must be
remitted to the Department of Highways and Public Transportation for
administration and implementation costs, provide that for purposes of Article
18, Chapter 3, Title 56 "Free Parking for Handicapped Persons", a uniform
parking violations ticket shall consist of five copies and each ticket shall
have a unique identifying number, require the Department to have the uniform
parking violations ticket printed, require law enforcment and security
agencies to order tickets from the Department and to record the identifying
numbers of the tickets received by them, provide that the cost of the tickets
must be paid by the law enforcement or security agency, provide that a person
who wilfully and intentionally violates the provisions of Section 56-3-1973 is
guilty of a misdemeanor, provide penalties, and provide that if the failure to
account for a ticket or the failure to timely forward the issuing agency's
copy or Department record's or audit copy of the ticket is inadvertent or
unintentional, the misuse is triable in magistrate's court and, upon
conviction, the person must be fined not more than one hundred dollars; and to
provide that no person issued a restricted driver's license under the
provisions of Section 56-1-745(C) or Section 56-1-746(D) shall subsequently be
eligible for issuance of a special restricted driver's license under these
provisions.-amended title
02/20/91 House Introduced and read first time HJ-13
02/20/91 House Referred to Committee on Judiciary HJ-13
04/17/91 House Committee report: Favorable with amendment
Judiciary HJ-16
04/25/91 House Amended HJ-76
04/25/91 House Read second time HJ-76
04/25/91 House Unanimous consent for third reading on next
legislative day HJ-76
04/26/91 House Read third time and sent to Senate HJ-2
04/29/91 Senate Introduced and read first time SJ-5
04/29/91 Senate Referred to Committee on Transportation SJ-5
06/05/91 Senate Committee report: Favorable Transportation SJ-43
06/06/91 Senate Read second time SJ-33
04/23/92 Senate Amended SJ-27
04/23/92 Senate Read third time and returned to House with
amendments SJ-29
04/29/92 House Senate amendment amended HJ-325
04/29/92 House Returned to Senate with amendments HJ-327
04/30/92 Senate Non-concurrence in House amendment SJ-15
05/05/92 House House insists upon amendment and conference
committee appointed Reps. Cromer, Manly & Wilder HJ-3
05/07/92 Senate Conference committee appointed Sens. Washington,
Stilwell, Holland SJ-4
05/14/92 House Free conference powers granted HJ-309
05/14/92 House Free conference committee appointed Cromer, Manly
& Wilder HJ-311
05/14/92 House Free conference report received and adopted HJ-311
05/14/92 Senate Free conference powers granted SJ-5
05/14/92 Senate Free conference committee appointed Sens.
Holland, Washington, Stilwell SJ-5
05/14/92 Senate Free conference report received and adopted SJ-5
05/19/92 Senate Ordered enrolled for ratification SJ-7
05/27/92 Ratified R 494
06/02/92 Signed By Governor
06/02/92 Act No. 421
06/02/92 See act for exception to or explanation of
effective date
07/09/92 Copies available
(A421, R494, H3550)
AN ACT TO AMEND SECTION 56-1-745, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CONVICTION OF CONTROLLED SUBSTANCE
VIOLATIONS, SUSPENSION OF DRIVER'S LICENSE,
SPECIAL RESTRICTED DRIVER'S LICENSE AND FEES,
AND INSURANCE PENALTY UNDER THE MERIT RATING
PLAN, AND SECTION 56-1-746, RELATING TO DRIVER'S
LICENSE SUSPENSION FOR OFFENSES RELATING TO
POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE,
AND ALCOHOLIC LIQUORS OR FOR UNLAWFUL USE OR
ALTERATION OF A DRIVER'S LICENSE, SO AS TO,
AMONG OTHER THINGS, ADD ENROLLMENT IN A
COLLEGE OR UNIVERSITY AS A BASIS FOR APPLYING
FOR A SPECIAL RESTRICTED DRIVER'S LICENSE,
PROVIDE THAT SUCH LICENSE ALLOWS THE PERSON
TO DRIVE TO AND FROM HIS PLACE OF EDUCATION
AND IN THE COURSE OF HIS EMPLOYMENT OR
EDUCATION DURING THE PERIOD OF SUSPENSION,
DELETE CERTAIN LANGUAGE, AND INCREASE THE FEE
FOR EACH SPECIAL RESTRICTED DRIVER'S LICENSE,
INCLUDING A REISSUE CAUSED BY CHANGES IN THE
PLACE AND HOURS OF EMPLOYMENT, EDUCATION, OR
RESIDENCE, FROM TEN TO TWENTY DOLLARS; TO
AMEND SECTION 56-3-1970, RELATING TO FREE
PARKING FOR HANDICAPPED PERSONS, UNLAWFUL
ACTS, AND PENALTIES, SO AS TO CHANGE THE
APPLICABLE PENALTIES; TO AMEND THE 1976 CODE BY
ADDING SECTIONS 56-3-1971, 56-3-1972, 56-3-1973, AND
56-3-1974, SO AS TO, AMONG OTHER THINGS, PROVIDE
THAT ALL LAW ENFORCEMENT OFFICERS ISSUING
TICKETS ON PUBLIC AND PRIVATE PROPERTY AND
STATE LAW ENFORCEMENT DIVISION LICENSED
SECURITY OFFICERS OF SHOPPING CENTERS AND
BUSINESS AND COMMERCIAL ESTABLISHMENTS,
WHICH PROVIDE PARKING SPACES DESIGNATED FOR
HANDICAPPED PERSONS, ARE AUTHORIZED TO ISSUE A
UNIFORM PARKING VIOLATIONS TICKET TO A VEHICLE
FOR VIOLATIONS OF THE PRESCRIBED USE OF THE
PARKING SPACES, PROVIDE THAT UPON CONVICTION
FOR A VIOLATION OF SECTION 56-3-1970, FIVE DOLLARS
OF THE FINE ASSESSED MUST BE REMITTED TO THE
DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION FOR ADMINISTRATION AND
IMPLEMENTATION COSTS, PROVIDE THAT FOR
PURPOSES OF ARTICLE 18, CHAPTER 3, TITLE 56
"FREE PARKING FOR HANDICAPPED
PERSONS", A UNIFORM PARKING VIOLATIONS
TICKET SHALL CONSIST OF FIVE COPIES AND EACH
TICKET SHALL HAVE A UNIQUE IDENTIFYING NUMBER,
REQUIRE THE DEPARTMENT TO HAVE THE UNIFORM
PARKING VIOLATIONS TICKET PRINTED, REQUIRE LAW
ENFORCEMENT AND SECURITY AGENCIES TO ORDER
TICKETS FROM THE DEPARTMENT AND TO RECORD
THE IDENTIFYING NUMBERS OF THE TICKETS
RECEIVED BY THEM, PROVIDE THAT THE COST OF THE
TICKETS MUST BE PAID BY THE LAW ENFORCEMENT
OR SECURITY AGENCY, PROVIDE THAT A PERSON WHO
WILFULLY AND INTENTIONALLY VIOLATES THE
PROVISIONS OF SECTION 56-3-1973 IS GUILTY OF A
MISDEMEANOR, PROVIDE PENALTIES, AND PROVIDE
THAT IF THE FAILURE TO ACCOUNT FOR A TICKET OR
THE FAILURE TO TIMELY FORWARD THE ISSUING
AGENCY'S COPY OR DEPARTMENT RECORD'S OR AUDIT
COPY OF THE TICKET IS INADVERTENT OR
UNINTENTIONAL, THE MISUSE IS TRIABLE IN
MAGISTRATE'S COURT AND, UPON CONVICTION, THE
PERSON MUST BE FINED NOT MORE THAN ONE
HUNDRED DOLLARS; AND TO PROVIDE THAT NO
PERSON ISSUED A RESTRICTED DRIVER'S LICENSE
UNDER THE PROVISIONS OF SECTION 56-1-745(C) OR
SECTION 56-1-746(D) SHALL SUBSEQUENTLY BE
ELIGIBLE FOR ISSUANCE OF A SPECIAL RESTRICTED
DRIVER'S LICENSE UNDER THESE PROVISIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
Enrollment in college or university; penalty; etc.
SECTION 1. Section 56-1-745(C) of the 1976 Code is amended
to read:
"(C) (1) If an individual is employed or enrolled in a
college or university at any time while his driver's license is
suspended pursuant to this section, he may apply for a special
restricted driver's license permitting him to drive only to and from
work or his place of education and in the course of his
employment or education during the period of suspension. The
department may issue the special restricted driver's license only
upon showing by the individual that he is employed or enrolled in
a college or university, that he lives further than one mile from his
place of employment or education, and that there is no adequate
public transportation between his residence and his place of
employment or place of education.
(2) If the department issues a special restricted driver's
license, it shall designate reasonable restrictions on the times
during which and routes on which the individual may operate a
motor vehicle. A change in the employment hours, place of
employment, status as a student, or residence must be reported
immediately to the department by the licensee.
(3) The fee for each special restricted driver's license,
including a reissue caused by changes in the place and hours of
employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time
limits and route imposed by a special restricted license by the
person issued that license is a violation of Section
56-1-460."
Enrollment in college or university; penalty; etc.
SECTION 2. Section 56-1-746(D) of the 1976 Code is amended
to read:
"(D) (1) If an individual is employed or enrolled in a
college or university at any time while his driver's license is
suspended pursuant to this section, he may apply for a special
restricted driver's license permitting him to drive only to and from
work or his place of education and in the course of his
employment or education during the period of suspension. The
department may issue the special restricted driver's license only
upon showing by the individual that he is employed or enrolled in
a college or university, that he lives further than one mile from his
place of employment or education, and that there is no adequate
public transportation between his residence and his place of
employment or his place of education.
(2) If the department issues a special restricted driver's
license, it shall designate reasonable restrictions on the times
during which and routes on which the individual may operate a
motor vehicle. A change in the employment hours, place of
employment, status as a student, or residence must be reported
immediately to the department by the licensee.
(3) The fee for each special restricted driver's license,
including a reissue caused by changes in the place and hours of
employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits
and route imposed by a special restricted license by the person
issued that license is a violation of Section 56-1-460."
Penalties changed
SECTION 3. The third paragraph of Section 56-3-1970 of the
1976 Code, as last amended by Act 429 of 1988, is further
amended to read:
"A person violating the provisions of this section is guilty
of a misdemeanor and, upon conviction, must be fined not less
than one hundred dollars nor more than two hundred dollars or
imprisoned for not more than thirty days for each
offense."
Code sections added, handicapped parking
SECTION 4. The 1976 Code is amended by adding:
"Section 56-3-1971. All law enforcement officers issuing
tickets on public and private property and state law enforcement
division licensed security officers of shopping centers and
business and commercial establishments, which provide parking
spaces designated for handicapped persons, are authorized to issue
a uniform parking violations ticket to the vehicle for violations of
the prescribed use of the parking spaces. The uniform parking
violations ticket shall provide a means for tracking violators by
tag number and recording the violations with the division of motor
vehicles.
The procedures governing the issuance, form, and content of
the uniform parking violations ticket must be prescribed by the
Department of Highways and Public Transportation and approved
by the Attorney General.
Upon conviction for a violation of Section 56-3-1970, five
dollars of the fine assessed must be remitted to the department for
administration and implementation costs.
Section 56-3-1972. For purposes of this article, a uniform
parking violations ticket shall consist of five copies, one of which
must be blue and placed upon the vehicle parked in violation of
this article; one of which must be yellow and must be dispatched
to the Department of Highways and Public Transportation for its
records; one of which must be white and must be maintained by
the originating agency; one of which must be green and must be
retained by the trial officer for his records; and one of which must
be pink and must be dispatched by the issuing agency to the
department for purposes of audit. Each ticket shall have a unique
identifying number.
Section 56-3-1973. The Department of Highways and Public
Transportation shall have the uniform parking violations ticket
printed. Law enforcement and security agencies shall order
tickets from the department and shall record the identifying
numbers of the tickets received by them. The cost of the tickets
must be paid by the law enforcement or security agency. The
audit copy and the department record's copy must be forwarded to
the department within thirty days of the disposition of the case by
final trial court action. The head of each law enforcement agency
is responsible for forwarding the audit copies and for conducting
an annual inventory on December thirty-first of all tickets
received but not yet disposed of by final trial court action and
forwarding the results of the inventory on a form prescribed by
the department to the department within ten days of the
completion of the inventory.
Section 56-3-1974. A person who wilfully and intentionally
violates the provisions of Section 56-3-1973 is guilty of a
misdemeanor and, upon conviction, must be fined not less than
two hundred fifty dollars nor more than fifteen hundred dollars or
imprisoned not more than six months, or both, for each ticket
unaccounted for or for each failure to timely forward the issuing
agency's copy or department record's copy or audit copy of a
ticket.
If the failure to account for a ticket or the failure to timely
forward the issuing agency's copy or the department record's or
audit copy of the ticket is inadvertent or unintentional, the misuse
is triable in magistrate's court and, upon conviction, the person
must be fined not more than one hundred dollars.
The service of the uniform parking violations ticket vests all
traffic, recorder's, and magistrate's courts with jurisdiction to hear
and dispose of the charge for which the ticket was issued and
served."
Ineligibility for subsequent issuance of license
SECTION 5. No person issued a restricted driver's license under
the provisions of Section 56-1-745(C) or Section 56-1-746(D)
shall subsequently be eligible for issuance of a special restricted
driver's license under these provisions.
Effective clause; applicability of certain sections
SECTION 6. This act takes effect upon approval by the
Governor, except: (1) the provisions of Sections 1, 2, and 5 shall
apply to any person whose license has been suspended under
Section 56-1-745(C) or Section 56-1-746(D), and (2) Section 4
takes effect one hundred twenty days after approval by the
Governor.
Approved the 2nd day of June, 1992. |