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 3550, May 14 | Printed Page 3570, May 14 |

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design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the Director of the Department of Public Safety department or his designee."

SECTION . Section 56-1-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1330. The provisional driver's license provision must include a mandatory requirement that the applicant enter an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services and be assessed to determine the extent and nature of an alcohol and drug abuse problem, if any, and successfully complete treatment or education services recommended by the program. The applicant shall bear the cost of the services which must be determined by the administering agency and approved by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. The commission shall recommend subsequent cost changes on an annual basis subject to the approval of the General Assembly. If the applicant fails to complete successfully the services as directed by the Department of Public Safety department, the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall notify the Department of Public Safety department, and the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full periods specified in Section 56-5-2990, the suspension to begin on date of notification to the individual."

SECTION . Section 56-1-1340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1340. The applicant shall have a provisional driver's license in his possession at all times while driving a motor vehicle, and the issuance of such license and the violation convictions shall be entered in


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the records of the Department of Public Safety department for a period of ten years as required by Sections 56-5-2940 and 56-5-2990 of the 1976 Code."

SECTION . Section 56-1-1730 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1730. A person is eligible for a moped operator's license without regard to his eligibility for or the status of any other driver's license or permit. The Department of Public Safety department may suspend, revoke, or cancel a moped operator's license only for violations committed while operating a moped. A moped operator's license may be suspended, revoked, or canceled in the same manner and upon the same grounds for which any other motor vehicle operator's license or permit may be suspended, revoked, or canceled."

SECTION . Section 56-1-1760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1760. Every licensee shall have his license in his immediate possession at all times when operating a moped and shall display it upon demand of any officer or agent of the department or Department of Public Safety or any police officer of the State."

SECTION . Section 56-1-2050(A)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(1) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in any other state, other than a parking violation, shall notify the Department of Public Safety department in the manner specified by the Department of Public Safety department within thirty days of conviction."

SECTION . Section 56-1-2100(C) and (E) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(C) Before issuing a commercial driver license, the department must obtain a driving record from the Department of Public Safety through the Commercial Driver License Information System, the National Driver Register, and from each state in which the person has been licensed.

(E) A commercial driver license issued by the department expires on the licensee's birth date on the fourth fifth calendar year after the calendar year in which it is issued."

SECTION . Section 56-1-2110(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(G) After suspending, revoking, or canceling a commercial driver license, the Department of Public Safety department shall update its records to reflect that action immediately. After suspending, revoking, or


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canceling a nonresident commercial driver's privilege, the Department of Public Safety department shall notify the licensing authority of the state which issued the commercial driver license or commercial driver instruction permit within ten days."

SECTION . Section 56-1-2130(D) and (E) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(D) If the person refuses testing, or submits to a test which discloses an alcohol concentration of four one-hundredths of one percent or more, the law enforcement officer shall submit a report to the Department of Public Safety department certifying that the test was requested pursuant to subsection (A) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent or more.

(E) Upon receipt of the report of a law enforcement officer submitted under subsection (D), the Department of Public Safety department shall notify the department that the driver is disqualified disqualify the driver from driving a commercial motor vehicle under Section 56-1-2110."

SECTION . Section 56-1-2140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-2140. Within ten days after receiving a report of the conviction of a nonresident holder of a commercial driver license for a violation of state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, committed in a commercial motor vehicle, the Department of Public Safety department shall notify the driver licensing authority in the licensing state of the conviction."

SECTION . Section 56-1-3350 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 56-1-3350. Upon application by any person ten years of age or older who is a resident of South Carolina, the Motor Vehicle Division of the Department of Revenue and Taxation department shall issue a special identification card as long as:

(1) the application is made on a form approved and furnished by the division department; and

(2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the division department of his name and date of birth.

The fee for the issuance of the special identification card is five dollars, and the identification card expires five years from the date of issuance. The renewal fee is also five dollars. Issuance and renewal fees are waived for indigent persons who are mentally ill, mentally retarded, homeless, or who are on public assistance as the sole source of income. As used in this


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section `indigent' means a person who is qualified for legal assistance which is paid for with public funds. For purposes of this section, a homeless person is an individual who lacks a fixed and regular nighttime residence or an individual who has a primary nighttime residence that is:

(a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including congregated shelters, and transitional housing;

(b) an institution that provides a temporary residence for individuals intended to be institutionalized; or

(c) a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.

The term does not include any individual imprisoned or otherwise detained pursuant to an act of Congress. Annually, the director of a facility which provides care or shelter to homeless persons must certify this fact to the Department of Revenue and Taxation department. The department must maintain a list of facilities which are approved by the department, and only letters from the directors of these approved facilities are considered to comply with the provisions of this section. To have the issuance or renewal fee waived for an identification card, a homeless person must present a letter to the Department of Revenue and Taxation department from the director of a facility that provides care or shelter to homeless persons certifying that the person named in the letter is homeless. The signature of the director must be notarized and the date of the letter may not be older than thirty days. The department may promulgate regulations to implement the provisions of this section.

Special identification cards issued to persons under the age of twenty-one must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one."

SECTION . Title 56 of the 1976 Code is amended by adding a new chapter to read:

"Chapter 2

Section 56-2-2740. (A) The department must refuse to renew the driver's license and motor vehicle registration of a person who has not paid property taxes within the time limits prescribed in this article. A county treasurer or municipal clerk treasurer must forward notification to the department of persons violating the provisions of this article. Notification of individuals violating this article must be forwarded to department in the time and manner determined by the department for the proper administration of this section.

(B) The Department of Public Safety shall issue to the county treasurer or county tax collector biennial license plates and revalidation decals. The


Printed Page 3564 . . . . . Tuesday, May 14, 1996

county treasurer or county tax collector shall give a motor vehicle owner a license plate or revalidation decal for the tax year to which personal property taxes and biennial fees have been paid pursuant to Section 56-3-253.

(C) All validation decals must be issued for a period not to exceed twelve months."

SECTION . Section 56-3-240(4) of the 1976 Code is amended to read:

"(4) In addition to the information required by item (2), whenever the application is for a motor vehicle which has been transferred from a previous registrant to the applicant, the applicant will complete the odometer disclosure statement on the application which shall be in compliance with federal guidelines and as prescribed by the department. read:

`I certify that the odometer reading is
miles/kilometers (indicate one) Check one only:

To the best of my knowledge, the odometer reading stated reflects the actual cumulative distance traveled by the vehicle described herein.

The odometer reading stated is in excess of 99,999.

The odometer reading stated does not reflect the actual cumulative distance traveled.

Under the terms of the Federal Motor Vehicle Information and Cost Savings Act and applicable state law, incorrect information may result in civil liability and civil or criminal penalties.'"

SECTION . Section 56-3-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-360. The Department of Public Safety department may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to Section 56-19-810 or Section 56-19-820."

SECTION . Section 56-3-376 of the 1976 Code, as last amended by Section 55E, Part II, Act 497 of 1994, is further amended to read:

"Section 56-3-376. All vehicles except those vehicles designated in Section 56-3-780 are designated as distinct classifications and must be assigned an annual registration period as follows:

Classification (1). Vehicles for which the annual biennial registration fee is one-hundred sixty dollars or more. The department may register and license a vehicle for which the biennial registration fee is one-hundred sixty dollars or more (a) for an annual or one-year period beginning on April first and ending on March 31 of the next year upon application to the department by the owner and the payment of one-half the specified


Printed Page 3565 . . . . . Tuesday, May 14, 1996

biennial fee or (b) for a semiannual or one-half year beginning on April first and ending on September thirtieth of the same year upon application to the department by the owner and the payment of one-fourth of the specified biennial fee. The license and registration fee for vehicles in this classification which are registered for the remaining twenty-three months or less of the twenty-four-month license years ending on March thirty-first or the remaining eleven months of the twelve-month license year ending on March thirty-first or the remaining five months or less for the one-half period ending on September thirtieth is the proportionate part of the specified biennial fee for the remainder of the two-year or one-year or one-half year based on one-twenty-fourth of the specified twenty-four-month fee for each month or part of a month remaining in the registration and license period or year or one-half year. Annual or one-year Biennial registrations and licenses expire at midnight on the last day of the twelfth twenty-fourth month for the period for which they were issued. Semiannual or half-year registrations and licenses for the first period from April first to September thirtieth expire at midnight of the sixth month for the period for which they were issued on September thirtieth of the same year and no person shall drive, move, or operate a vehicle upon a highway after the expiration of the registration and license until the vehicle is registered and licensed for the then current period. Trucks, truck tractors, or road tractors having a load capacity of not more than one ton with an empty or unloaded weight of over four five thousand pounds or less, and trucks, truck tractors, or road tractors with a load capacity of not more than two tons and with an empty or unloaded weight of over four thousand pounds or gross vehicle weight of eight thousand pounds or less also must be placed in this classification but may not be registered for less than a full biennial period.

Classification (2). Other vehicles. All other vehicles except those vehicles described in Section 56-3-375 and classification (1) of this section are assigned a staggered biennial registration which begins on December first of each year and expires on November thirtieth of the second year except those vehicles defined in Section 56-3-700 whose registration begins on April first of each year and expires on March thirty-first of the second year the last day of the month for the period for which they were issued.

Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."


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SECTION . Section 56-3-620 of the 1976 Code, as last amended by Act 417 of 1994, is further amended to read:

"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger-carrying passenger motor vehicle is twenty dollars.

(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger-carrying passenger motor vehicle is twenty-four dollars.

(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five thousand pounds or less is thirty dollars.

(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger-carrying passenger motor vehicle is twenty-two dollars."

SECTION . Section 56-3-630 of the 1976 Code is amended to read:

"Section 56-3-630. The Department shall classify as a passenger-carrying private passenger motor vehicle every motor vehicle, trailer, semitrailer and every such vehicle, except a motorcycle or motor-driven cycle, which is designed, used and maintained for the transportation of ten or fewer persons but not operated for the transportation of persons for compensation, except such vehicles which are used exclusively for transporting persons to and from schools, Sunday schools, churches and religious services of any kind or to or from picnics or specially prearranged excursions and trucks having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less."

SECTION . Section 56-3-660(C) of the 1976 Code, as last amended by Section 22J, Part II, Act 164 of 1993, is further amended to read:

"(C) Notwithstanding other provisions of this chapter, the department may enter into agreement with other states in a registration and license reciprocal agreement known as the international registration plan and the registration and license required in this section may be apportioned for vehicles which qualify and are licensed in accordance with the provisions of the plan. The funds must be deposited in the state highway fund as established in Section 57-11-20 and expended for the law enforcement activities of the department and other purposes provided by law."

SECTION . Section 56-3-665 of the 1976 Code is amended to read:

"Section 56-3-665. After September 30, 1984, the Department The department shall require evidence of the payment of the use tax imposed by Section 4481 of the Internal Revenue Code of 1954 prior to issuing


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vehicle registration and plate for those vehicles to which the taxes are required."

SECTION . Section 56-3-670(C) of the 1976 Code, as last amended by Section 22K, Part II, Act 164 of 1993, is further amended to read:

"(C) A person who certifies to the department that he is a bona fide farmer, is issued a farm license plate for the purpose as defined in this section, and uses the license plate for purposes other than those defined is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both."
SECTION . Section 56-3-710 of the 1976 Code, as last amended by Section 22M, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-710. For every house trailer the biennial fee is twelve dollars. The department shall classify as a `house trailer' every trailer or semitrailer which is designed, constructed, and equipped as a dwelling, living abode, or sleeping place, permanently or temporarily, and is equipped for use as a conveyance on streets or highways or a trailer or semitrailer of similar nature whose chassis and exterior shell is designed and constructed for use permanently or temporarily for advertising, sales, display, or promotion of merchandise or services or for another commercial purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier. The department may not license and register a house trailer which exceeds the permissible size limitations prescribed in Sections 56-5-4030, 56-5-4060, and 56-5-4070, but the house trailers permitted to be moved over the highways by the department under special permits issued pursuant to Sections 56-5-4170 to 56-5-4200 57-3-130 to 57-3-190 shall pay to the department Department of Transportation a fee of five dollars a trip."

SECTION . Section 56-3-720 of the 1976 Code, as last amended by Section 22N, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-720. For every camper or travel trailer the biennial registration fee is ten dollars. The department must include in this classification every trailer not more than thirty-five feet long and eight feet wide primarily equipped, designed, converted, or used for private living quarters by one or more individuals and towed by a motor vehicle. The department shall design a distinctive tag which must be displayed on the exterior of the rear of the trailer in a conspicuous place."

SECTION . Section 56-3-780(A) of the 1976 Code, as last amended by Section 22S, Part II, Act 164 of 1993, is further amended to read:

"(A) Permanent license plates must be issued by the department for all motor vehicles operated by the State or its political subdivisions except


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as provided in Section 56-3-1710. The license fee, including registration, is two dollars. Permanent plates must bear the words `South Carolina', the number, and a prefix `SG', `RG', `CG', or `MG' to designate respectively state government, regional government, county government, or municipal government."

SECTION . Section 56-3-1010(1) of the 1976 Code, as last amended by Act 322 of 1994, is further amended to read:

"(1) `Fleet' means two hundred or more marked private passenger motor vehicles or property carrying vehicles with empty weight of not more than twenty-two thousand pounds and a gross vehicle weight of not more than twenty-six thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article."

SECTION . Section 56-3-1020 of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1020. A corporation or other legal entity may register its fleet on an annual basis so that the registration of all passenger vehicles in the fleet expires in the same month instead of staggered vehicle registration. The month of expiration must be approved by the department. The department may issue special license plates and registration cards for fleet motor vehicles upon application on a form issued in a manner determined by the department. The application must be approved if it contains the information necessary for qualification as a fleet motor vehicle, provide provides a list of all vehicles to be included in the fleet, and upon includes payment of a filing fee of one hundred dollars. The filing fee is in addition to the registration fees required by this chapter. The department may authorize select fleet operators to issue special license plates and registration cards for their own fleet vehicles."

SECTION . Section 56-3-1040 of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1040. The fee for private passenger carrying motor vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-620. The fee for property-carrying vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-660. A vehicle added to the fleet during the registration year must be registered in accordance with the provisions of this article. The fee for licensing and registration may be prorated as prescribed by the department."

SECTION . Section 56-3-1110 of the 1976 Code, as amended by Act 485 of 1992, is further amended to read:


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"Section 56-3-1110. A wartime disabled veteran who is entitled to compensation for the loss, or loss of use of one or both legs or arms, or the permanent impairment of vision in both eyes to a degree as to constitute virtual blindness and is also entitled to a special monthly statutory award by reason thereof or any South Carolina veteran classified as totally and permanently disabled due to service-connected disabilities as determined from medical records on file with the Veterans Administration may make application for registration and license of his owned or leased personal private passenger motor vehicle or truck not exceeding three-quarter ton to the department without accompanying such application with the usual fee for registration and license of a vehicle of similar type. The department shall issue such license plates upon the receipt of such application made under oath and in such form as may be required. A veteran who is issued a license plate under the provisions of this section shall not be required to reapply so long as he owns or leases the vehicle for which the plate is issued and a surviving spouse of such a veteran is also eligible to obtain such plate so long as the surviving spouse does not remarry."

SECTION . Section 56-3-1150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1150. A member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State may make application for registration and licensing of his personal private passenger motor vehicle or truck, not exceeding three-quarter ton, to the department without paying the usual fee for registration and licensing of a vehicle of similar type. The department shall issue the license plate or the revalidation sticker upon receipt of the application made under oath and in a form required by the department. The provisions of this section do not apply if the former POW applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010. The department may issue or transfer a special POW motor vehicle license plate to a vehicle owned or leased by a former POW or his surviving spouse. A former POW who is issued a license plate under the provisions of this section or surviving spouse is not required to reapply so long as the former POW or surviving spouse owns the vehicle for which the plate is issued. The plate shall bear the words `South Carolina', the number, and prefix `POW'.

The surviving spouse of a former POW after notice to the department may retain the plate and is entitled to all the privileges of the POW for the lifetime or until remarriage of the surviving spouse."


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