Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 3530, May 14 | Printed Page 3550, May 14 |
Printed Page 3540 . . . . . Tuesday, May 14, 1996
"(c) Upon request of the department, the Motor Vehicles Division of the Department of Revenue and Taxation Public Safety shall provide information as to all vehicles owned by the applicant or recipient."

SECTION . Section 44-43-30 of the 1976 Code is amended to read:

"Section 44-43-30. Whenever any person applies for the issuance, reissuance or renewal of any class of driver's license, the Department of Revenue and Taxation Public Safety is authorized to furnish that person with a form, sufficient under the provisions of the Uniform Anatomical Gift Act (Article 5 of this chapter), for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of such act. If any such person who is legally authorized desires to execute such a gift, the department may provide that person with appropriate assistance and the presence of the legally required number of witnesses."

SECTION . Section 44-43-70(B) of the 1976 Code is amended to read:

"(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina and the University of South Carolina in conjunction with the Department of Revenue and Taxation Public Safety shall make educational materials available at all places where drivers' licenses are issued or renewed."

SECTION . Section 56-1-10(4), (12), (13), and (14) of the 1976 Code are amended to read:

"(4) `Department' means the Department of Revenue and Taxation Department of Public Safety.

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

(13) `Revocation of driver's license' means the termination by formal action of the Department of Public Safety department 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

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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 Public Safety department of a person"s person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated."

SECTION . Section 56-1-40(2) of the 1976 Code is amended to read:

"(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction or whose driver's license or privilege to operate a motor vehicle is subject to being suspended in this State or another jurisdiction as a result of a conviction or another adjudication which authorizes or requires the suspension or revocation of a motor vehicle driver's license under the laws of this State, except as otherwise provided for in this chapter title;"

SECTION . The second and third paragraphs of Section 56-1-80 of the 1976 Code are amended to read:

"Whenever an application is received from a person previously licensed or permitted in another state, the Department of Revenue and Taxation in conjunction with the Department of Public Safety, shall may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned completed and delivered to the department within thirty days from the date at the time the license or permit is issued or renewed. Failure to return the form or affidavit results in the suspension of the newly issued or renewed driver's license or permit until a properly executed form or affidavit is returned to the department."

SECTION . Section 56-1-90 of the 1976 Code is amended to read:

"Section 56-1-90. The department may by rule require every applicant to submit for identification purposes proof of name, Social Security number, and date and place of birth when applying for a driver's license. An applicant for a driver's license, driver's permit, or special

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identification card or a renewal thereof may sufficiently prove the existence and validity of his Social Security number, for purposes of Section 14-7-130, by any reasonably reliable document containing the Social Security number. Such a document includes, but is not limited to, an official Social Security card, Social Security check, Social Security form SSA-1099, letter from the Social Security Administration, voter registration card, payroll stub, Federal W-2 form, or U.S. military identification card. The numbers may also be obtained from the department Department of Revenue and Taxation pursuant to Section 12-54-240(B)(7) which permits the department Department of Revenue and Taxation to submit taxpayer Social Security numbers to the department and to the State Election Commission.

For purposes of this section, when a licensee is applying for a replacement license, the department must accept an affidavit as evidence that the licensee has established the existence and validity of his Social Security number at the time of the original license application. The driver's license number of a person may be his Social Security number.

This section does not prevent issuance of a driver's license or identification card to a foreign exchange student participating in a valid foreign exchange program."

SECTION . Section 56-1-130 of the 1976 Code is amended to read:

"Section 56-1-130. The Department department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning and directing traffic and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The Department department may require such further physical and mental examination as it deems necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The Department department shall make provisions for giving an examination in the county where the applicant resides. The Department department shall charge a fee of two dollars an appropriate fee for each complete examination or reexamination required in this article.

No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.

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A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-four twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690 which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-four twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses or oversize or over-weight vehicles. The Department department shall determine from the driving demonstration the number of endorsements to be indicated on the license."

SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-141. The department shall accept a passing grade from a qualified driver's education program from a secondary public or private school as certification that the written and driving portion of the permit and license process have met department standards. The provisions of this section do not supersede the provisions of this title relating to who may receive a permit or driver's license in this State."

SECTION . The first paragraph of Section 56-1-210 of the 1976 Code is amended to read:

"Every license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes. The department may renew a driver's license of a resident by mail upon payment of the required fee, if the renewal is a digitized license."

SECTION . Section 56-1-270 of the 1976 Code is amended to read:

"Section 56-1-270. The Department of Revenue and Taxation, department having good cause to believe that a person holding a South Carolina driver's license is incompetent or otherwise not qualified to be licensed because of physical or mental disability may, upon written notice

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of at least ten days to the licensee, require him to submit to an examination. Upon the conclusion of such examination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license or may issue a license subject to restrictions permitted under Section 56-1-170. The license of any person may be suspended or revoked if they refuse or neglect to submit to such an examination."

SECTION . Section 56-1-280 of the 1976 Code is amended to read:

"Section 56-1-280. The Department of Public Safety department shall forthwith revoke or suspend the license of any driver upon receiving a record of such driver's conviction of any offense for which revocation or suspension is required by law.

The Department of Public Safety department shall forthwith revoke the driver's license of any person upon receiving notice of the conviction of such person for:

(1) Manslaughter resulting from the operation of a motor vehicle; or

(2) Any felony under the laws of this State in the commission of which a motor vehicle is used.

The Department of Public Safety shall also revoke or suspend a driver's license for any other cause as may be required by other laws of this State."

SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-285. The department may revoke or refuse to renew the driving privilege of a person for failure to remit a tax or fee administered by the department. Upon payment of all taxes and fees administered by the department, and the payment of any applicable fee, the department may reinstate a person's driving privilege."

SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-288. The department may garnish a person's income tax refund instead of revoking a person's driver's license or vehicle registration for failure to satisfy a financial responsibility requirements of Title 56."

SECTION . Section 56-1-290 of the 1976 Code is amended to read:

"Section 56-1-290. In addition to the grounds for suspension or revocation of license set forth elsewhere in this article and in Chapter 5 of this title, the Department of Public Safety department shall forthwith revoke for a period of six months the license of any person upon receiving satisfactory evidence of the conviction of any such person who has been

Printed Page 3545 . . . . . Tuesday, May 14, 1996
found guilty of operating a vehicle for hire without a license in violation of Section 58-23-1210."

SECTION . Section 56-1-300 of the 1976 Code is amended to read:

"Section 56-1-300. In addition to other authority of law, the Department of Public Safety department may suspend or revoke the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that licensee:

(1) Has been convicted of an offense for which mandatory revocation or suspension is required upon conviction; or

(2) Has been convicted of an offense in another state which if committed in this State would be grounds for suspension or revocation."

SECTION . Section 56-1-310 of the 1976 Code is amended to read:

"Section 56-1-310. The privilege of driving a motor vehicle on the highways of this State given to a nonresident under this article shall be subject to suspension or revocation by the Department of Public Safety department in like manner and for like cause as a driver's license issued under the laws of this State may be suspended or revoked."

SECTION . Section 56-1-320 of the 1976 Code is amended to read:

"Section 56-1-320. The Department of Public Safety department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.

Provided, however, that if another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked such restoration of privileges shall also be valid in this State under the same terms and conditions under which driving is authorized in the resident state of the person concerned conviction."

SECTION . Section 56-1-330 of the 1976 Code is amended to read:

"Section 56-1-330. Every court having jurisdiction over offenses committed under this article or other state laws or municipal ordinances regulating the operation of motor vehicles on highways shall forward to the Department of Public Safety department a record of the conviction of any person in such court for a violation of such laws other than regulations governing standing or parking where a matter of safety is not involved."

SECTION . Section 56-1-340 of the 1976 Code is amended to read:

"Section 56-1-340. The Department of Public Safety department may, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, forward a certified copy of such record to the motor vehicle

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administrator in the state wherein the person so convicted is a resident. Whenever the Department of Public Safety department receives a request for a driver's record from another state, the record shall be forwarded without charge."

SECTION . Section 56-1-350 of the 1976 Code is amended to read:

"Section 56-1-350. In all cases of cancellation, suspension or revocation of drivers' licenses, the Department of Public Safety department shall notify the licensee as prescribed in Section 56-1-360 that his license has been canceled, suspended or revoked, and such licensee shall within ten days after notice of cancellation, suspension or revocation return his license to the Department of Public Safety or the Department of Revenue and Taxation department. Any person wilfully failing to return his license as required by this section may, on conviction thereof, be fined one hundred dollars or imprisoned for thirty days."

SECTION . Section 56-1-360 of the 1976 Code is amended to read:

"Section 56-1-360. When notice is required concerning a person's driver's license the notice must be given by the Department of Public Safety department by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the driver's license records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the deputy director of the motor vehicle records division of the Department of Public Safety director of the department or his designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of suspension have been met even if the notice has not been received by the addressee."

SECTION . Section 56-1-365 of the 1976 Code is amended to read:

"Section 56-1-365. Any person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

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The Department of Public Safety department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the Department of Public Safety department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the Department of Public Safety department to process the revocation or suspension of the licenses. If the Department of Public Safety department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the Department of Public Safety department within five days after receipt. Any clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.

The Department of Public Safety department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the Department of Public Safety department within five days, the suspension or revocation does not commence until the Department of Public Safety department receives and processes them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.

If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the Department of Public Safety department shall issue him a certificate on a form prescribed and furnished by the Department of Public Safety which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."

SECTION . Section 56-1-370 of the 1976 Code is amended to read:

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"Section 56-1-370. The licensee may, within ten days after notice of suspension, cancellation, or revocation, except in cases where the suspension, cancellation, or revocation is made mandatory upon the Department of Public Safety department, request in writing a review and upon receipt of the request the Department of Public Safety department shall afford him a review in accordance with the State Administrative Procedures Act, in the county judicial circuit where the licensee was arrested unless the Department of Public Safety department and the licensee agree that the review may be held in some other county jurisdiction. The review may be held by a duly authorized agent of the Department of Public Safety department. Upon the review, the department shall either rescind its order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license."

SECTION . Section 56-1-380 of the 1976 Code is amended to read:

"Section 56-1-380. The Department of Public Safety department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except as otherwise permitted or authorized by law.

Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have such license or privilege renewed or restored unless the revocation was for a cause which has been removed, except that after the expiration of at least one year from the date on which the revoked license was surrendered to and received by the department or the Department of Public Safety, or as may otherwise be provided for by law, such person may make application for a new license as provided by law, but the department shall not then issue a new license unless and until it is satisfied, after investigation of the character, habits and driving ability of such person, that it will be safe to grant the privilege of driving a motor vehicle on the public highways."

SECTION . Section 56-1-390(1) of the 1976 Code is amended to read:

"(1) Whenever the Department of Public Safety department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars. The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error."

SECTION . Section 56-1-400 of the 1976 Code is amended to read:

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"Section 56-1-400. The Department of Public Safety department, upon suspending or revoking a license, shall require that such license shall be surrendered to the Department of Public Safety or the Department of Revenue and Taxation department. If a license is surrendered to the Department of Revenue and Taxation, the department shall immediately notify the Department of Public Safety that the individual's license has been surrendered. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the department, a new license issued to him. Until the Department of Public Safety notifies the department, the The department shall not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the Department of Public Safety department, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided, that the department, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such suspension. After five years from the date of conviction or suspension the driver may apply for a new identical license, and the department shall issue such identical license without any notation of suspension endorsed thereon. But this provision shall not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23 of Chapter 5 of this title.

Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the Department of Public Safety department with proof that the fine owed by the person has been paid before the department may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."

SECTION . Section 56-1-410 of the 1976 Code is amended to read:

"Section 56-1-410. A person denied a license by the Department of Revenue and Taxation or whose license has been canceled, suspended or revoked by the Department of Public Safety department, except when such

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