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
Page Finder Index
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Printed Page 4810, May 30
| Printed Page 4848, May 30
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Printed Page 4820 . . . . . Thursday, May 30,
1996
(R446) S. 929 -- Senators McConnell, Ryberg and Wilson: AN ACT TO AMEND SECTION
5-3-40,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON
TERMS OF
CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF
ANY
MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER
ADJACENT
MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE
MUNICIPALITIES
MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF
CONSOLIDATION
OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH
MUNICIPALITY.
(R447) S. 941 -- Senators Wilson, Lander, Leventis and Reese: AN ACT TO PROMOTE
MAJOR
GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE
SOUTH
CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.
(R448) S. 944 -- Senators Greg Smith and Rose: AN ACT TO DEVOLVE THE AUTHORITY
FOR
APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS,
AND
COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING
GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
(R449) S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN
STUDENTS UNTIL
DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE
EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A
FOURTH TIME
UNDER SPECIFIED CONDITIONS,
Printed Page 4821 . . . . . Thursday, May 30,
1996
TO PROVIDE FOR THE MANNER IN WHICH STUDENTS AFTER DECEMBER 1, 1996,
WHO
HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EEE
AFTER TWO
ATTEMPTS MAY RETAKE THE EXAMINATION FOR A THIRD AND FOURTH TIME,
AND TO
PROVIDE THAT BEFORE A STUDENT MAY ENTER A TEACHER EDUCATION
PROGRAM
AFTER DECEMBER 1, 1996, HE OR SHE MUST HAVE PASSED THE EEE.
(R450) S. 1049 -- Senator Rankin: AN ACT TO AMEND SECTION 23-6-510, CODE OF
LAWS OF
SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA
PUBLIC
SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO
INCLUDE A
VICTIM REPRESENTATIVE TO BE APPOINTED BY THE GOVERNOR.
(R451) S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION
PROPOSING
AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA,
1895,
RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO
PROVIDE
FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN
AMENDMENT
TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF
BAIL,
CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO
PROVIDE
THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
(R452) S. 1084 -- Judiciary Committee: AN ACT TO AMEND TITLE 61, CODE OF LAWS
OF
SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES,
BEER
AND WINE, BY ADDING CHAPTERS 2, 4, 6, 8, 10, AND 12 SO AS TO PROVIDE FOR
THE
REGULATION, TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING,
SALE, AND
PENALTIES REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND TO
MAKE
CERTAIN TECHNICAL CHANGES; BY ADDING SECTION 12-33-245 SO AS TO
PROVIDE FOR
THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY ADDING SECTION
12-33-475 SO
AS TO PROVIDE FOR THE TAX EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE
UNITED
STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY PURPOSES; TO AMEND
SECTION 6-27-40, AS AMENDED, RELATING TO THE
Printed Page 4822 . . . . . Thursday, May 30,
1996
DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND,
SO AS TO
CHANGE A CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11, AND 13
OF
TITLE 61 RELATING TO GENERAL PROVISIONS REGARDING ALCOHOLIC
BEVERAGES, BEER
AND WINE, AND LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT, REGULATION
OF THE
TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC
BEVERAGES;
IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE, PORTER,
ALCOHOL; AND
NUISANCES AND ENFORCEMENT.
(R453) S. 1102 -- Senator Holland: AN ACT TO AMEND SECTIONS 7-15-380, CODE OF
LAWS OF
SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND THE OATH OF AN
ABSENTEE
BALLOT APPLICANT; AND 7-15-385, AS AMENDED, RELATING TO ABSENTEE
VOTING AND
MARKING OF BALLOTS, SO AS TO PROVIDE THAT, IN THE EVENT THE VOTER
CANNOT
WRITE BECAUSE OF A PHYSICAL HANDICAP OR ILLITERACY, HE MUST MAKE HIS
MARK
AND HAVE THE MARK WITNESSED BY SOMEONE HE DESIGNATES.
(R454) S. 1114 -- Senator Greg Smith: AN ACT TO AMEND SECTION 30-5-10, CODE OF
LAWS OF
SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO
AS TO
ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A
REGISTER OF
MESNE CONVEYANCES AND INCLUDE A REFERENCE TO HORRY COUNTY HAVING
A
REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12,
RELATING TO
THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD
GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE
REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS
AND
CONDITIONS AS IT MAY AGREE UPON WITH THE ADDITIONAL REQUIREMENT
THAT THE
GOVERNING BODY OF GEORGETOWN COUNTY MUST ADVERTISE THE
APPOINTMENT
BEFORE TAKING ACTION ON IT.
(R455) S. 1123 -- Senator Reese: AN ACT TO AMEND SECTION 23-31-20, CODE OF
LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS,
SO AS
TO ALLOW
Printed Page 4823 . . . . . Thursday, May 30,
1996
RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS
STATES TO
PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
(R456) S. 1147 -- Senator Hayes: AN ACT TO AMEND SECTION 16-13-425, AS
AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO
RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE
THAT
NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE
PROVIDED TO
THE LESSOR OR RENTER AS A PREREQUISITE FOR A WARRANT TO BE ISSUED
PURSUANT
TO THIS PROVISION.
(R457) S. 1152 -- Senator Fair: AN ACT TO AMEND SECTION 16-15-140, AS AMENDED,
CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR
ATTEMPTING TO
COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGE OF A
VICTIM OF THIS OFFENSE.
(R458) S. 1160 -- Senator Holland: AN ACT TO AMEND SECTION 7-3-40, CODE OF
LAWS OF
SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE
BUREAU OF
VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE
EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY
REPORT
OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF
PERSONS
WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430,
RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS,
SO AS TO
PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE
COUNTY
ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING
PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF
REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT
REGISTRATION
BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO
AMEND
SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE
THAT THE
PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB;
TO
AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND
PRIMARY
ELECTIONS, SO AS TO
Printed Page 4824 . . . . . Thursday, May 30,
1996
PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND
TO
FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS
ARE TO
BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS
FOR
CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A
SPECIFIED
PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A
STATEMENT
OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE
ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS,
SO AS TO
PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE
CHAIRMAN OF
THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE
REPRINTING
OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN
CANDIDATE, SO AS
TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR
WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR
APPROPRIATE; TO
AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF
VOTING
BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820,
RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE
REGISTRATION BOOK,
SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO
AMEND
SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS
CHALLENGED, SO AS
TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A
CHALLENGED
VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING
TO POLL
WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY
THE
CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL
CANDIDATES
OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER
PROVIDE
THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS
MUST
MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO
INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO
DELETE
SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE
PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION
WHICH
REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10,
RELATING TO THE DUTIES OF THE STATE
Printed Page 4825 . . . . . Thursday, May 30,
1996
ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN
PERSONS
TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110,
RELATING TO
PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS
TO
DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT
CERTAIN
PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT
FORMS; TO
AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO
DELETE THE
FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF
POLITICAL
PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION
APPLIES TO
MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, AS AMENDED,
RELATING TO
PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE
CERTIFIED
POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY
ABSENTEE
BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM
OF
APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND
SECTION
7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND
ENVELOPES, SO AS
TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION TO PROVIDE A BLANK
BALLOT
TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE
BALLOTS ARE
AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND
INSTRUCTIONS
FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A
BLANK
BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE
BALLOT IF NO
ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING
TO THE
FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A
COUNTY
BOARD OF VOTER REGISTRATION TO PROVIDE A BLANK BALLOT TO AN
ELECTOR WHO
REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE;
TO AMEND
SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY
THAT THE
COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST
EXCEPT
PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410
RELATING
TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430 RELATING TO AMOUNTS
AND
PRORATION OF ASSESSMENTS TO BE PAID
Printed Page 4826 . . . . . Thursday, May 30,
1996
BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130 RELATING TO
THE
METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140 RELATING TO
COMPLETION
AND RETURN OF A REGISTRATION FORM; 7-15-150 RELATING TO ENTRIES INTO
REGISTRATION BOOKS; 7-15-160 RELATING TO THE VALIDITY AND EFFECT OF
REGISTRATION; 7-15-170 RELATING TO PRESERVATION AND DESTRUCTION OF
RECORD
BOOKS AND REGISTRATION FORMS; 7-15-180 RELATING TO VERIFICATION OF
REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190 RELATING
TO THE
FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE
BALLOTS;
7-15-240 RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL
ELECTIONS;
7-15-250 RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING
PRIMARY
ELECTIONS; AND 7-15-350 RELATING TO VERIFICATION OF REGISTRATION.
(R459) S. 1162 -- Senator Martin: AN ACT TO AMEND SECTIONS 7-13-710, 8-11-10,
12-36-1710,
12-37-220, 12-37-2660, 12-37-2725, 12-37-2727, 12-43-220, 12-43-300, 12-45-70, 12-49-225,
12-49-271,
12-49-310, 12-54-240, 14-7-130, 15-9-350, 15-9-36, 15-9-370, 23-31-140, 24-3-110,
31-17-320,
31-17-360, 31-17-380, 31-17-410, 36-9-307, 36-9-316, 38-73-455, 38-77-113, 38-77-340,
43-5-620,
44-43-30, 44-34-70, 56-1-10, 56-1-270, 56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330,
56-1-340,
56-1-350, 56-1-360, 56-1-365, 56-1-380, 56-1-410, 56-1-420, 56-1-460, 56-1-475, 56-1-510,
56-1-540,
56-1-630, 56-1-740, 56-1-770, 56-1-790, 56-1-810, 56-1-850, 56-1-1030, 56-1-1090,
56-1-1130,
56-1-1320, 56-1-1340, 56-1-1730, 56-1-1760, 56-1-2050, 56-1-2110, 56-1-2140, 56-5-6230,
56-10-10,
56-10-20, 56-10-40, AND 56-10-220, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING
TO VOTING PROVISIONS, BUSINESS HOURS FOR DEPARTMENTS OF STATE
GOVERNMENT,
EXCISE TAXES ON CERTAIN MOTOR VEHICLE SALES, EXEMPTION FROM TAXES,
THE
LISTING OF LICENSE REGISTRATION APPLICATIONS, THE CANCELLATION OF
CERTAIN
LICENSE PLATE AND REGISTRATION CERTIFICATES, THE RETROACTIVE
APPLICATION OF
SECTION 12-37-2750, THE EQUALIZATION AND REASSESSMENT OF TAXES, THE
TIME FOR
PAYING AND COLLECTING TAXES, THE ENFORCED COLLECTION OF TAXES, THE
REQUIREMENT AS TO COMPLIANCE WITH THE DEPARTMENT OF REVENUE AND
TAXATION REGULATIONS,
Printed Page 4827 . . . . . Thursday, May 30,
1996
THE PREPARATION OF JURY LISTS, SUMMONS, PUBLICATION AND SERVICE, THE
PURCHASE OF A PISTOL, MANUFACTURING LICENSE PLATES, MOBILE HOME
LICENSING
REQUIREMENTS, MOBILE HOME MOVING PERMITS, MOVING MOBILE HOMES,
OBTAINING
A MOBILE HOME CERTIFICATE OF TITLE, MOBILE HOME BUYER PROTECTION,
SALE OF
SECURED PROPERTY WITHOUT CONSENT, EXCEPTIONS TO CHANGING THE BASE
RATE
FOR AUTOMOBILE INSURANCE, CONDITIONS FOR WAIVING THE LICENSE
REINSTATEMENT FEE, EXCLUSIONS FROM AUTOMOBILE INSURANCE COVERAGE,
PROVIDING CERTAIN MOTOR VEHICLE INFORMATION TO THE DEPARTMENT OF
SOCIAL
SERVICES, DISTRIBUTING FORMS AUTHORIZING ORGAN DONATION UPON
LICENSE
RENEWAL, RECRUITMENT FOR ORGAN DONORS AND DISSEMINATION OF
INFORMATION,
DRIVER'S LICENSES, THE SUSPENSION OF THE REGISTRATION OF VEHICLES
REPORTED AS
STOLEN, THE REQUIREMENT OF PROOF OF PAYMENT OF THE FEDERAL USE TAX,
THE
ISSUANCE OF FIRST-TIME REGISTRATION AND LICENSE PLATES, PAYMENT OF A
FINE OR
FORFEITURE OF A BOND FOR A TRAFFIC VIOLATION, MOTOR VEHICLE
REGISTRATION
AND FINANCIAL SECURITY, THE FULFILLMENT OF WARRANTY AGREEMENTS
AND
DEFINITIONS RELATING TO THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND
ALTERED
PROPERTY ACT, SO AS TO DEVOLVE CERTAIN FUNCTIONS OF THE DEPARTMENT
OF
REVENUE AND TAXATION MOTOR VEHICLE DIVISION UPON THE DEPARTMENT
OF PUBLIC
SAFETY, AND TO REVISE CERTAIN OTHER DEPARTMENTAL REFERENCES; TO
AMEND
SECTION 56-3-2320, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF
DEALER
LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS
ALLOWED ON A
MOTOR VEHICLE LOANED TO AN ECONOMIC DEVELOPMENT ENTITY; TO AMEND
SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR
VEHICLE
MANAGEMENT'S ACQUISITION AND DISPOSITION OF VEHICLES, SO AS TO MAKE
A
TECHNICAL CHANGE; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO
THE
DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS AUTHORITY; TO AMEND
SECTION
1-30-95, AS AMENDED, RELATING TO THE DEPARTMENT OF REVENUE AND
TAXATION, SO
AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 11-35-710, AS AMENDED,
RELATING
TO EXEMPTIONS
Printed Page 4828 . . . . . Thursday, May 30,
1996
TO THE PROCUREMENT CODE, SO AS TO REVISE EXEMPTED ITEMS THE
DEPARTMENT OF
PUBLIC SAFETY MAY PROCURE; TO AMEND SECTIONS 12-4-10 AND 12-4-15, BOTH
AS
AMENDED, RELATING TO THE CREATION OF THE DEPARTMENT OF REVENUE
AND
TAXATION, SO AS TO REVISE ITS AUTHORITY; TO AMEND SECTION 12-37-2650, AS
AMENDED, RELATING TO THE ISSUANCE OF TAX NOTICES AND PAID RECEIPTS,
SO AS TO
REVISE THE PROCESS OF ISSUING NOTICES AND RECEIPTS AND TO TRANSFER
CERTAIN
AUTHORITY FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 12-49-290, AS AMENDED,
RELATING TO THE RIGHTS OF MORTGAGEES AND OTHERS, SO AS TO REVISE THE
AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND
SECTION
12-49-330, AS AMENDED, RELATING TO THE RIGHTS OF A LIENHOLDER WITH A
SECURITY
INTEREST FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION MOTOR
VEHICLE
DIVISION, SO AS TO REVISE THE AUTHORITY OF THIS AGENCY; TO AMEND
SECTION
16-17-680, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR
TRANSPORTATION
OF CERTAIN ITEMS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION
17-5-130, AS AMENDED, RELATING TO QUALIFICATIONS FOR CORONER, SO AS TO
TRANSFER CERTAIN AUTHORITY FROM THE LAW ENFORCEMENT TRAINING
COUNCIL TO
THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 19-5-30, AS
AMENDED,
RELATING TO THE ADMISSIBILITY OF CERTAIN COPIES OF MOTOR VEHICLE
RECORDS, SO
AS TO REVISE THE TYPES OF COPIES THAT ARE ADMISSIBLE AND TO TRANSFER
CERTAIN
AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION
20-7-944, AS
AMENDED, RELATING TO INFORMATION TO BE PROVIDED ON VARIOUS
LICENSES TO BE
USED TO COLLECT CHILD SUPPORT OBLIGATIONS, SO AS TO REVISE THE
INFORMATION
THAT MUST BE PROVIDED; TO AMEND SECTION 20-7-945, AS AMENDED,
RELATING TO
THE REVOCATION OF THE LICENSE OF CERTAIN LICENSES, SO AS TO REVISE THE
REVOCATION REVIEW PROCEDURE AND TO PROVIDE A PROCEDURE TO
INDEMNIFY A
LICENSING ENTITY FROM CONSEQUENCES THAT MAY RESULT FROM THE
REVOCATION
OF A LICENSE; TO AMEND SECTIONS 23-6-20 AND 23-6-30, BOTH AS AMENDED,
RELATING
TO THE
Printed Page 4829 . . . . . Thursday, May 30,
1996
ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE ITS
DUTIES
AND POWERS; TO AMEND SECTION 23-6-50, AS AMENDED, RELATING TO THE
DEPARTMENT OF PUBLIC SAFETY'S ANNUAL AUDIT, SO AS TO PROVIDE THAT
CERTAIN
REVENUES GENERATED BY THE DEPARTMENT DURING A PRIOR FISCAL YEAR
MAY BE
CARRIED FORWARD TO THE CURRENT FISCAL YEAR; TO ADD SECTIONS 23-6-90
AND
23-6-145 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL
PROVIDE
SECURITY FOR CERTAIN GOVERNMENTAL FACILITIES AND TO PROVIDE THAT
CERTAIN
DEPARTMENT OFFICERS MAY STOP CERTAIN MOTOR VEHICLES AND REQUIRE
THE
DRIVER TO PRODUCE CERTAIN INFORMATION; TO AMEND SECTION 26-6-300, AS
AMENDED, RELATING TO THE CREATION OF THE DIVISION OF MOTOR VEHICLE
RECORDS
AND VEHICLE INSPECTIONS, SO AS TO CHANGE ITS NAME AND REVISE ITS
RESPONSIBILITIES; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO
QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE CERTAIN QUALIFICATIONS; TO
AMEND
CHAPTER 25 OF TITLE 23, AS AMENDED, RELATING TO LAW ENFORCEMENT
OFFICERS
HALL OF FAME, SO AS TO TRANSFER ADMINISTRATION OF THE HALL OF FAME
FROM A
COMMITTEE TO THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE THE
COMMITTEE
ADVISORY, TO CHANGE CHAIRMANSHIP OF THE COMMITTEE, TO CLARIFY
REFERENCES,
TO DIRECT THE COMMITTEE TO PROVIDE TOURS AND PROGRAMS, AND TO
REMOVE THE
COMMITTEE'S AUTHORITY TO EMPLOY STAFF; TO AMEND SECTIONS 23-28-20, AS
AMENDED, 23-28-30, 23-28-40, 23-28-60, 23-28-80, AND 23-28-90, ALL RELATING TO
RESERVE
LAW ENFORCEMENT OFFICER TRAINING, SO AS TO TRANSFER VARIOUS DUTIES
TO THE
DEPARTMENT OF PUBLIC SAFETY AND ITS CRIMINAL JUSTICE ACADEMY
DIVISION, AND
TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 23-47-20, RELATING TO
911
SYSTEM REQUIREMENTS, SO AS TO TRANSFER OPERATOR TRAINING DUTIES TO
THE
CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC
SAFETY, AND
TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 31-17-340, AS
AMENDED,
RELATING TO MOBILE HOME LICENSES, SO AS TO CLARIFY REFERENCES; TO
AMEND
SECTIONS 38-55-530 AND 38-55-570, BOTH AS AMENDED, BOTH RELATING TO
INSURANCE
FRAUD AND REPORTING, SO AS TO
Printed Page 4830 . . . . . Thursday, May 30,
1996
DELETE REFERENCES TO THE DEPARTMENT OF REVENUE AND TAXATION; TO
AMEND
SECTION 38-77-1120, AS AMENDED, RELATING TO DEFINITIONS FOR MOTOR
VEHICLE
THEFT AND FRAUD REPORTING, SO AS TO DELETE REFERENCES TO THE
DIVISION OF THE
STATE HIGHWAY PATROL; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING
TO
PERSONS PROHIBITED FROM OBTAINING A DRIVER'S LICENSE, SO AS TO CLARIFY
PROVISIONS PERTAINING TO NONRESIDENTS; TO AMEND SECTION 56-1-80, AS
AMENDED,
RELATING TO PROCEDURES FOR OBTAINING A DRIVER'S LICENSE, SO AS TO
TRANSFER
CERTAIN DUTIES FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF PUBLIC SERVICE, TO REVISE THESE PROCEDURES, AND TO
DELETE
PENALTIES; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO
IDENTIFICATION
REQUIRED TO OBTAIN A DRIVER'S LICENSE, SO AS TO TRANSFER CERTAIN
DUTIES FROM
THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF
PUBLIC
SAFETY AND TO CLARIFY DOCUMENTATION REQUIRED; TO AMEND SECTION
56-1-130, AS
AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS, FEES, AND
CLASSES OF
LICENSES, SO AS TO PROVIDE FOR AN "APPROPRIATE" RATHER THAN A
FIXED
FEE AND TO REVISE THE WEIGHT OF VEHICLES FOR CERTAIN LICENSE CLASSES;
TO ADD
SECTION 56-1-141, SO AS TO PROVIDE THAT A PASSING GRADE FROM A
QUALIFIED
EDUCATION PROGRAM FROM A SECONDARY SCHOOL IS CERTIFICATION THAT
DEPARTMENT STANDARDS HAVE BEEN MET; TO AMEND SECTION 56-1-210, AS
AMENDED,
RELATING TO EXPIRATION AND RENEWAL OF DRIVER'S LICENSES, SO AS TO
AUTHORIZE
RENEWAL BY MAIL OF A DIGITIZED LICENSE; TO AMEND SECTION 56-1-280, AS
AMENDED, RELATING TO MANDATORY SUSPENSION AND REVOCATION OF
DRIVER'S
LICENSES, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO
REVOKE
OR SUSPEND LICENSES FOR CAUSES REQUIRED BY OTHER LAWS OF THIS STATE;
TO ADD
SECTION 56-1-285 SO AS TO AUTHORIZE THE DEPARTMENT TO REVOKE OR
REFUSE TO
RENEW A LICENSE FOR FAILURE TO PAY A FEE OR TAX; TO ADD SECTION 56-1-288
SO AS
TO AUTHORIZE THE DEPARTMENT TO GARNISH AN INCOME TAX REFUND IN
LIEU OF
REVOCATION FOR FAILURE TO COMPLY WITH FINANCIAL RESPONSIBILITY; TO
AMEND
SECTION 56-1-37O, RELATING TO
Printed Page 4831 . . . . . Thursday, May 30,
1996
THE RIGHT OF A LICENSEE TO REQUEST A REVIEW AFTER NOTIFICATION OF A
SUSPENSION OR OTHER ACTION BY THE DEPARTMENT, SO AS TO CHANGE A
REFERENCE
FROM COUNTY TO JUDICIAL CIRCUIT AND CLARIFY OTHER REFERENCES; TO
AMEND
SECTION 56-1-390, RELATING TO THE FEE FOR REINSTATEMENT OF THE LICENSE,
SO AS
TO CLARIFY A REFERENCE AND AUTHORIZE THE DIRECTOR OR HIS DESIGNEE TO
WAIVE
OR RETURN THE REINSTATEMENT FEE UNDER CERTAIN CONDITIONS; TO AMEND
SECTION 56-1-400, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF
PUBLIC
SAFETY, UPON SUSPENDING OR REVOKING A LICENSE, REQUIRE THAT THE
LICENSE BE
SURRENDERED TO THE DEPARTMENT, SO AS TO CLARIFY REFERENCES AND
DELETE
REFERENCES TO THE SURRENDERING OF THE LICENSE TO THE DEPARTMENT OF
REVENUE AND TAXATION AND THE NOTIFICATION REQUIREMENTS; TO AMEND
SECTION
56-1-463, RELATING TO THE REQUIREMENT THAT SECTION 56-1-560 DOES NOT
APPLY IF
AND WHEN THE PROPOSED SUSPENSION IS BASED SOLELY ON THE LACK OF
NOTICE
BEING GIVEN TO THE DEPARTMENT, SO AS TO CLARIFY THE REFERENCE AND
SPECIFY
THAT FINES OR PENALTIES ARE DUE TO THE COURT; TO ADD SECTION 56-1-478
SO AS TO
AUTHORIZE THE DEPARTMENT TO ENTER INTO RECIPROCAL AGREEMENTS WITH
OTHER
STATES AND POLITICAL SUBDIVISIONS FOR THE COLLECTION OF FINES, FEES, OR
OTHER
COSTS WHICH RESULTED IN THE REVOCATION OF A PERSON'S DRIVING
PRIVILEGES OF
PERSON APPLYING FOR A DRIVER'S LICENSE OR RENEWING A DRIVER'S LICENSE
IN THIS
STATE; TO AMEND SECTION 56-1-640 TO CHANGE A REFERENCE FROM THE
LICENSING
AUTHORITY OF THE PARTY STATE TO THE DEPARTMENT AND FROM A
REFERENCE TO
JURISDICTION TO SOUTH CAROLINA; TO AMEND SECTION 56-1-650, RELATING TO
THE
REPORTING OF CERTAIN VIOLATIONS BY THE LICENSING AUTHORITY IN THE
HOME
STATE, SO AS TO DELETE REFERENCES TO LICENSING AUTHORITY AND
SUBSTITUTE THE
REQUIREMENT THAT A STATE THAT IS A MEMBER OF THE DRIVER'S LICENSE
COMPACT
SHALL REPORT TO ANOTHER MEMBER STATE OF THE COMPACT A CONVICTION
FOR
CERTAIN CRIMES, CLARIFY DESCRIPTIONS OF CERTAIN CRIMES, PROVIDE THAT
IF THE
VIOLATIONS LISTED IN THIS SECTION ARE NOT PRECISELY
Printed Page 4832 . . . . . Thursday, May 30,
1996
THE SAME WORDS USED BY A MEMBER STATE, THE MEMBER STATE SHALL
CONSTRUE
THE DESCRIPTION TO APPLY TO OFFENSES OF THE MEMBER STATE THAT ARE
SUBSTANTIALLY SIMILAR TO THE ONES DESCRIBED, REQUIRE THAT A STATE AS
A
MEMBER OF THE COMPACT SHALL REPORT TO ANOTHER MEMBER STATE OF THE
COMPACT A CONVICTION WHERE ANY OTHER OFFENSE OR ANY OTHER
INFORMATION
CONCERNING CONVICTIONS THAT THE MEMBER STATES AGREE TO REPORT,
PROVIDE
THAT FOR A CONVICTION THAT IS NOT REQUIRED TO BE REPORTED UNDER THIS
SECTION, THE PROVISIONS OF SECTION 56-1-320 SHALL GOVERN THE EFFECT OF
THE
REPORT CONVICTION IN THIS STATE AND PROVIDE THAT FOR A CONVICTION
THAT IS
NOT REQUIRED TO BE REPORTED UNDER THIS SECTION NOTICE OF THE
CONVICTION
MUST BE RECEIVED BY THE DEPARTMENT FOR PURPOSES OF SUSPENSION OR
REVOCATION WITHIN ONE YEAR OF THE DATE OF CONVICTION; TO AMEND
SECTION
56-1-670, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT AND TO SOUTH
CAROLINA; TO AMEND SECTION 56-1-680, SO AS TO CHANGE REFERENCES FROM
THE
HEAD OF THE LICENSING AUTHORITY OF EACH PARTY STATE TO THE DIRECTOR
OR HIS
DESIGNEE OF THE DEPARTMENT FOR PURPOSES OF FORMULATING NECESSARY
PROCEDURES FOR THE EXCHANGE OF INFORMATION UNDER THE COMPACT; TO
AMEND
SECTION 56-1-746, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR
OFFENSES
RELATING TO THE POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND
ALCOHOLIC BEVERAGES, SO AS TO CHANGE A REFERENCE FOR AN OFFENSE
FROM
SECTION 56-1-510(4) TO SECTION 56-1-510(5); TO AMEND SECTION 56-1-800,
RELATING TO
COPIES OF PROCEEDINGS HELD UNDER THE PROVISIONS OF ARTICLE 3, CHAPTER
1 OF
THIS TITLE, SO AS TO INCLUDE A REFERENCE TO AN OPTICAL DISK AND TO
PROVIDE
THAT IT IS DEEMED A TRUE COPY WHEN CERTIFIED BY THE DIRECTOR OR HIS
DESIGNEE;
TO AMEND SECTION 56-1-810, RELATING TO THE RIGHT OF A LICENSEE TO
REQUEST IN
WRITING A REVIEW AFTER NOTICE OF SUSPENSION, SO AS TO DELETE
REFERENCES TO
REVIEW AND PROVIDE THAT HE HAS THE RIGHT TO AN ADMINISTRATIVE
HEARING AND
TO CLARIFY A REFERENCE; TO AMEND SECTION 56-1-1020, RELATING TO THE
MEANING
OF A HABITUAL OFFENDER, AS DETERMINED BY
Printed Page 4833 . . . . . Thursday, May 30,
1996
THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO CLARIFY REFERENCES AND
DELETE
THE DEFINITION OF CONVICTION UNDER THIS SECTION AND A REFERENCE TO
THE
APPLICABILITY OF ARTICLE 5, CHAPTER 1 OF THIS TITLE TO CONVICTIONS
WHICH
OCCURRED PRIOR TO JUNE 14, 1973; TO AMEND SECTION 56-1-1100, RELATING TO
THE
OPERATION OF A MOTOR VEHICLE IN THIS STATE WHILE THE DECISION OF THE
DEPARTMENT PROHIBITING ITS OPERATION IS IN EFFECT, SO AS TO DELETE THE
CRIME
OF UNLAWFULLY OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE
DEPARTMENT REMAINS IN EFFECT, AND CLARIFYING REFERENCES; TO AMEND
SECTION
56-1-1330, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CORRECT
CERTAIN
REFERENCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE
SERVICES
AND OTHER REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND
SECTION
56-1-2100, RELATING TO A COMMERCIAL DRIVER'S LICENSE, SO AS TO DELETE A
REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND CHANGE FROM THE
FOURTH
TO THE FIFTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT WAS
ISSUED
THE EXPIRATION OF THE LICENSE; TO AMEND SECTION 56-1-2130, RELATING TO
TESTS
FOR ALCOHOL OR DRUGS AND THE PRESUMPTION OF CONSENT, SO AS TO
CLARIFY A
REFERENCE AND DELETE A REFERENCE TO THE REQUIREMENT THAT THE
DEPARTMENT
BE NOTIFIED IF THE DRIVER IS DISQUALIFIED FROM DRIVING A COMMERCIAL
MOTOR
VEHICLE; TO AMEND SECTION 56-1-3350, RELATING TO SPECIAL IDENTIFICATION
CARDS
ISSUED BY THE DEPARTMENT, SO AS TO CHANGE REFERENCES FROM THE
MOTOR
VEHICLE DIVISION OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF PUBLIC SAFETY, DELETE THE REQUIREMENT FOR THE
SIGNATURE OF
THE DIRECTOR OF A FACILITY THAT PROVIDES CARE OR SHELTER TO A
HOMELESS
PERSON CERTIFYING THAT THE PERSON NAMED IN THE LETTER IS HOMELESS BE
DELETED, AND DELETE THE REQUIREMENT THAT THE DEPARTMENT MAY
PROMULGATE
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND
TITLE 56
OF THE 1976 CODE BY ADDING CHAPTER 2 SO AS TO PROVIDE THAT THE
DEPARTMENT
MUST REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR VEHICLE
REGISTRATION
OF A PERSON WHO HAS NOT PAID PROPERTY TAXES WITHIN
Printed Page 4834 . . . . . Thursday, May 30,
1996
THE TIME LIMITS PRESCRIBED, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC
SAFETY
SHALL ISSUE TO COUNTY TREASURERS OR COUNTY TAX COLLECTORS BIENNIAL
LICENSE
PLATES AND REVALIDATION DECALS, AND THAT THESE OFFICIALS SHALL GIVE
THEM TO
A MOTOR VEHICLE OWNER, AND TO PROVIDE THAT VALIDATION DECALS MUST
BE
ISSUED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS; TO AMEND SECTION
56-3-240,
RELATING TO CONTENTS OF AN APPLICATION FOR REGISTRATION AND
LICENSING, SO AS
TO REVISE THE REQUIREMENTS OF THE ODOMETER DISCLOSURE STATEMENT;
TO
AMEND SECTION 56-3-376, RELATING TO THE ESTABLISHMENT OF A SYSTEM OF
REGISTRATION OF CERTAIN MOTOR VEHICLES ON A MONTHLY BASIS AND THE
ASSIGNMENT OF ANNUAL REGISTRATION PERIODS, SO AS TO PROVIDE FOR
BIENNIAL
REGISTRATIONS OF THESE VEHICLES; TO AMEND SECTION 56-3-620, RELATING
TO
BIENNIAL REGISTRATION FEES FOR PERSONS OVER SIXTY-FIVE OR WHO ARE
HANDICAPPED AND SECTION 56-3-630, RELATING TO FEES FOR COMMON
CARRIER
PASSENGER VEHICLES, SO AS TO REVISE AND FURTHER PROVIDE FOR CERTAIN
TERMS;
TO AMEND SECTION 56-3-660, RELATING TO FEES FOR SELF-PROPELLED
PROPERTY
CARRYING VEHICLES, SO AS TO REVISE THE MANNER IN WHICH THE LICENSE
FEES
SHALL BE DEPOSITED AND USED; TO AMEND SECTION 55-3-670, RELATING TO
FEES FOR
FARM TRUCK LICENSES, SO AS TO DELETE LANGUAGE REQUIRING A PERSON TO
CERTIFY
TO THE DEPARTMENT THAT HE IS A BONA FIDE FARMER; TO AMEND SECTION
56-3-710,
RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO CHANGE CERTAIN
REFERENCES; TO
AMEND SECTION 56-3-720, RELATING TO FEES FOR CAMPUS AND TRAVEL
TRAILERS, SO
AS TO REVISE THE MANNER IN WHICH VEHICLES ARE INCLUDED IN THIS
CLASSIFICATION; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT
LICENSE
PLATES FOR CERTAIN GOVERNMENTAL VEHICLES, SO AS TO REVISE THE TYPES
OF
GOVERNMENTS TO WHICH THE SECTION APPLIES AND THE WORDS SUCH PLATES
MUST
BEAR; TO AMEND SECTIONS 56-3-1010, 56-3-1020, AND 56-3-1040, RELATING TO
FLEET
MOTOR VEHICLES, SO AS TO CHANGE CERTAIN REFERENCES AND PROVIDE THE
DEPARTMENT MAY AUTHORIZE SELECT FLEET OPERATORS TO ISSUE SPECIAL
LICENSE
PLATES AND REGISTRATION CARDS FOR THEIR OWN
Printed Page 4835 . . . . . Thursday, May 30,
1996
FLEET VEHICLES; TO AMEND SECTION 56-3-1110, RELATING TO FREE VEHICULAR
REGISTRATION FOR DISABLED VETERANS, SO AS TO REVISE THE VEHICLES TO
WHICH
THE SECTION APPLIES AND PROVIDE THAT SURVIVING SPOUSES OF SUCH
VETERANS ARE
ALSO ELIGIBLE TO OBTAIN SUCH PLATE SO LONG AS THEY DO NOT REMARRY;
TO
AMEND SECTION 56-3-1150, RELATING TO FREE VEHICULAR REGISTRATION FOR
FORMER
PRISONERS OF WAR, SO AS TO REVISE THE VEHICLES TO WHICH THE SECTION
APPLIES;
TO AMEND SECTION 56-3-1320, RELATING TO FEES FOR REPLACEMENT PLATES
AND
STICKERS, SO AS TO REVISE THE MANNER IN WHICH THE FEES ARE
DETERMINED; TO
AMEND SECTION 56-3-1330, RELATING TO SUSPENSION, CANCELLATION, OR
REVOCATION
OF REGISTRATIONS AND LICENSINGS, SO AS TO DELETE CERTAIN JURISDICTION
OF THE
CIRCUIT COURT OVER THESE MATTERS; TO AMEND SECTIONS 56-3-1510,
56-3-1520, AND
56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO
OPERATORS, SO
AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE APPLICATION PROCEDURE
FOR
SUCH PLATES, AND THE LICENSING PERIOD THEREOF; TO AMEND SECTIONS
56-3-1610,
56-3-1620, AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR
EMERGENCY
MEDICAL TECHNICIANS, SO AS TO CHANGE CERTAIN VEHICLE REFERENCES, THE
APPLICATION PROCEDURES FOR SUCH PLATES, AND THE LICENSING PERIOD
THEREOF;
TO AMEND SECTION 56-3-1710, RELATING TO THE DESIGN OF PLATES FOR
PUBLICALLY-OWNED VEHICLES, SO AS TO FURTHER PROVIDE FOR SUCH DESIGN
AND
THE APPLICABILITY OF THE PROVISIONS OF THE SECTION; TO AMEND SECTIONS
56-3-1750, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE
MILITARY
RESERVE, 56-3-1810, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF
THE
NATIONAL GUARD, AND 56-3-1850, RELATING TO SPECIAL LICENSE PLATES FOR
MEDAL
OF HONOR RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPE OF
VEHICLES TO
WHICH THESE SECTIONS APPLY; TO AMEND SECTIONS 56-3-1971, 56-3-1972,
56-3-1973, AND
56-3-1974, RELATING TO THE UNIFORM PARKING VIOLATIONS TICKET, SO AS TO
REVISE
THE PROCEDURES GOVERNING ITS ISSUANCE, FORM, AND CONTENT; TO AMEND
SECTIONS 56-3-2010 AND 56-3-2030, RELATING TO PERSONALIZED LICENSE
PLATES, SO AS
TO REVISE THE MANNER IN WHICH AND VEHICLES FOR
Printed Page 4836 . . . . . Thursday, May 30,
1996
WHICH THESE PLATES MAY BE ISSUED; TO AMEND SECTION 56-3-2150, RELATING
TO
SPECIAL LICENSE PLATES FOR MEMBERS OF MUNICIPAL AND COUNTY
COUNCILS, SO AS
TO REVISE THE TYPE OF VEHICLES TO WHICH THE SECTION APPLIES; TO AMEND
SECTION 56-3-2320, RELATING TO DEALER LICENSE PLATES, SO AS TO FURTHER
PROVIDE
FOR THE APPLICABILITY OF THE SECTION IN REGARD TO THE TESTING OR
DEMONSTRATION OF TRUCKS; TO AMEND SECTION 56-3-2380, RELATING TO
DENIAL OF
APPLICATIONS FOR REGISTRATION AND LICENSING, SO AS TO REVISE THE
AUTHORITY
OF THE DEPARTMENT TO PROMULGATE REGULATIONS IN REGARD THERETO;TO
AMEND
SECTION 56-3-2810, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER
FIREMEN,
AND SECTION 56-3-3310, RELATING TO SPECIAL LICENSE PLATES FOR PURPLE
HEART
RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO
WHICH THE
SECTION APPLIES; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL
COLLEGE OR
UNIVERSITY LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE
OF THESE
PLATES AND FOR THE DISTRIBUTION OF THE FUNDS COLLECTED FROM THE FEES
THEREFOR; TO AMEND SECTION 56-3-3910, RELATING TO COMMEMORATIVE
LICENSE
PLATES FOR THE STATE DANCE, SECTION 56-3-3950, RELATING TO "KEEP
SOUTH
CAROLINA BEAUTIFUL" LICENSE PLATES, AND SECTION 56-3-4310,
RELATING TO
SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES
ARMED
FORCES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES TO WHICH
THESE
SECTIONS APPLY; TO AMEND SECTION 56-3-4510, AS AMENDED, RELATING TO
SPECIAL
COMMEMORATIVE LICENSE PLATES FOR NONGAME WILDLIFE AND NATURAL
AREAS
FUND, SO AS TO PROVIDE THE DEPARTMENT OF REVENUE AND TAXATION
SHALL ISSUE
A SPECIAL COMMEMORATIVE MOTOR VEHICLE LICENSE PLATE FOR USE BY THE
OWNER
ON HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND SECTION 56-3-4710, AS
AMENDED, RELATING TO THE ISSUANCE OF SOUTH CAROLINA STATE GUARD
LICENSE
PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY ISSUE A SPECIAL MOTOR
VEHICLE
LICENSE PLATE TO A MEMBER OF THE GUARD FOR A MOTOR VEHICLE OWNED
BY THE
MEMBER; TO AMEND SECTION 56-3-4910, AS AMENDED, RELATING TO SOUTH
CAROLINA
Printed Page 4837 . . . . . Thursday, May 30,
1996
FIREFIGHTERS' LICENSE PLATES, SO AS TO PROVIDE THE DEPARTMENT MAY
ISSUE
SOUTH CAROLINA FIREFIGHTERS LICENSE PLATES TO A RESIDENT FOR A
PRIVATE
PASSENGER MOTOR VEHICLE OWNED BY HIM AND TO PROVIDE FOR THE
DISBURSEMENT
OF THE FUNDS; TO AMEND SECTION 56-3-5910, RELATING TO PEARL HARBOR
SURVIVORS'
LICENSE PLATES, SO AS TO PROVIDE AN OWNER OF A PRIVATE PASSENGER
MOTOR
VEHICLE MAY APPLY FOR A PEARL HARBOR SURVIVOR'S LICENSE PLATE; TO
AMEND
SECTION 56-3-5930, RELATING TO PROOF OF ELIGIBILITY FOR A PEARL HARBOR
LICENSE
PLATE, SO AS TO PROVIDE A PEARL HARBOR LICENSE PLATE MAY BE ISSUED
ONLY TO
AN APPLICANT FOR HIS PRIVATE PASSENGER MOTOR VEHICLE; TO AMEND
SECTION
56-5-60, AS AMENDED, RELATING TO REQUIREMENTS FOR ENVELOPES MAILED
BY THE
DEPARTMENT CONTAINING CERTAIN NOTICES, SO AS TO DELETE THE PHRASE
DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-750, AS AMENDED,
RELATING
TO AN INDIVIDUAL'S FAILURE TO STOP HIS MOTOR VEHICLE WHEN SIGNALED
BY A LAW
ENFORCEMENT VEHICLE, SO AS TO PROVIDE THE DEPARTMENT MUST SUSPEND
A
PERSON'S DRIVER'S LICENSE FOR A FIRST OFFENSE FOR AT LEAST THIRTY DAYS
FOR
FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE BY
MEANS OF A
SIREN OR FLASHING LIGHT AND FOR A SECOND OFFENSE THE PERSON'S
DRIVER'S
LICENSE MUST BE REVOKED BY THE DEPARTMENT FOR A PERIOD OF ONE YEAR
AND TO
DELETE THE TERM "CONVICTION" AND ITS DEFINITION AND TO
REQUIRE THE
DEPARTMENT OF PUBLIC SAFETY TO KEEP A NONPUBLIC RECORD OF A PERSON'S
OFFENSE FOR FAILING TO STOP FOR A SIGNALING LAW ENFORCEMENT VEHICLE
AFTER
THE OFFENDER'S RECORD IS EXPUNGED; TO AMEND SECTION 56-5-765, AS
AMENDED,
RELATING TO THE INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A
MOTOR
VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO
DELETE THE
PHRASE "SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY" AND TO
ADD
THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-1270, RELATING
TO
ACCIDENT REPORTS WHICH STATE AN INJURY OR DEATH OCCURRED OR
PROPERTY
DAMAGE OF FOUR HUNDRED DOLLARS OR MORE, SO AS TO REQUIRE AN OWNER
OR
OPERATOR INVOLVED IN AN ACCIDENT NOT
Printed Page 4838 . . . . . Thursday, May 30,
1996
INVESTIGATED BY A LAW ENFORCEMENT OFFICER WITH TOTAL PROPERTY
DAMAGE OF
ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT AND
PROOF OF
LIABILITY INSURANCE TO THE DEPARTMENT AND TO REQUIRE A LAW
ENFORCEMENT
OFFICER WHO INVESTIGATES A MOTOR VEHICLE ACCIDENT THAT RESULTS IN
INJURY TO
OR DEATH OF ANY PERSON OR TOTAL PROPERTY DAMAGE TO AN APPARENT
EXTENT OF
ONE THOUSAND DOLLARS OR MORE TO FORWARD A WRITTEN REPORT OF THE
ACCIDENT TO THE DEPARTMENT INCLUDING THE NAMES OF INTERVIEWED
PARTICIPANTS AND WITNESSES; TO AMEND SECTION 56-5-1350, RELATING TO
THE
DEPARTMENT'S ANALYSIS AND STATISTICS ON REPORTED ACCIDENTS, SO AS TO
LIMIT
THE DEPARTMENT'S REPORT TO ACCIDENT REPORTS FILED PURSUANT TO
SECTION
56-5-1270; TO AMEND SECTION 56-5-2585, RELATING TO THE EXEMPTION OF
MUNICIPAL
PARKING METER FEES BY DISABLED VETERANS, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND TO ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-2980, RELATING TO COPIES
OF
ACCIDENT REPORTS PURSUANT TO SECTION 56-5-2970 AS PRIMA FACIE
EVIDENCE OF A
PREVIOUS CONVICTION, SO AS TO ALLOW COPIES OF AN ACCIDENT REPORT ON
AN
OPTICAL DISK TO BE USED A PRIMA FACIE EVIDENCE OF ONLY A PRIOR
CONVICTION
AGAINST AN OFFENDER AND TO DELETE THE PHRASE "MOTOR VEHICLE
DIVISION" AND REPLACE IT WITH THE TERM "DEPARTMENT"; TO
AMEND
SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A
CONVICTED
PERSON'S DRIVER'S LICENSE, SO AS TO DELETE THE PHRASE "DEPARTMENT
OF
REVENUE AND TAXATION" AND ADD THE TERM "DEPARTMENT"
AND TO
DELETE THE PHRASE "SOUTH CAROLINA COMMISSION ON ALCOHOL AND
DRUG
ABUSE" AND REPLACE IT WITH THE PHRASE "DEPARTMENT OF
ALCOHOL AND
OTHER DRUG ABUSE SERVICES"; TO AMEND SECTION 56-5-3750, AS
AMENDED,
RELATING TO THE SALE OF MOPEDS, SO AS TO DELETE THE PHRASE
"DEPARTMENT
OF REVENUE AND TAXATION" AND ADD THE TERM
"DEPARTMENT"; TO
AMEND SECTION 56-5-4035, RELATING TO PERMITS FOR VEHICLES CARRYING
CULVERT
PIPES, SO AS TO DELETE THE PROVISION THAT THE DEPARTMENT OF PUBLIC
SAFETY
MAY INSTITUTE REGULATIONS FOR THE SALE OF PERMITS TO
Printed Page 4839 . . . . . Thursday, May 30,
1996
VEHICLES CARRYING CULVERT PIPES AND TO MAKE OTHER TECHNICAL
CHANGES; TO
AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO THE REGULATION OF
LENGTH OF
VEHICLES ON HIGHWAYS, SO AS TO DELETE THE PHRASE "DEPARTMENT OF
PUBLIC
SAFETY" AND ADD THE TERM "DEPARTMENT"; TO AMEND
SECTION
56-5-4075, AS AMENDED, RELATING TO REGULATIONS GOVERNING VEHICULAR
TRAFFIC
ON HIGHWAYS, SO AS TO DELETE THE PHRASES "DEPARTMENT OF PUBLIC
SAFETY" AND "THE DEPARTMENT OF REVENUE AND TAXATION"
AND TO
ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4095, AS
AMENDED,
RELATING TO THE TRANSPORTATION OF MODULAR OR SECTIONAL HOUSING
UNITS ON
THE STATE'S PUBLIC HIGHWAYS, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF
REVENUE AND TAXATION" AND ADD THE PHRASE "DEPARTMENT OF
TRANSPORTATION"; TO AMEND SECTION 56-5-4140, AS AMENDED, RELATING
TO THE
GROSS WEIGHT OF VEHICLES OPERATED ON A HIGHWAY IN THE STATE, SO AS
TO
PROVIDE THAT A VEHICLE OR COMBINATION OF VEHICLES OPERATED OR
MOVED ON
THE HIGHWAY OR INTERSTATE MUST MEET AXLE SPACING REQUIREMENTS AND
MAXIMUM OVERALL GROSS WEIGHTS AS PROVIDED IN SUBSECTION (B) AND TO
PROVIDE
THAT VEHICLES UP TO EIGHTY THOUSAND POUNDS MAY OPERATE UPON ANY
HIGHWAY
WITH RESTRICTIONS AS PROVIDED IN THIS SECTION AND TO DELETE
GUIDELINES FOR
THE GROSS WEIGHT OF VEHICLES WITH ONE AND TWO AXLES AND VEHICLES
WHICH
HAVE BEEN ISSUED A SPECIAL PERMIT BY THE DEPARTMENT OF REVENUE AND
TAXATION AND TO MAKE CHANGES IN THE TABLE WHICH DENOTES THE
MAXIMUM
WEIGHT VEHICLES ARE ALLOWED WITH TWO OR MORE CONSECUTIVE AXLES,
AND TO
DELETE PROVISIONS REGARDING THE ENFORCEMENT OF A MORATORIUM OF
THE
THIRTY-FOUR THOUSAND POUNDS TANDEM AXLE LIMIT AND THE FEDERAL
BRIDGE
FORMULA AND TO PROVIDE CERTAIN TYPES OF VEHICLES ARE LIMITED TO A
WEIGHT OF
TWENTY THOUSAND POUNDS FOR EACH AXLE AND TO REQUIRE CONCRETE
MIXING
TRUCKS WORKING WITHIN A FIFTEEN MILE RADIUS OF THEIR HOME BASE MAY
NOT
WEIGH MORE THAN SIXTY-SIX THOUSAND POUNDS AND TO PROVIDE WEIGHT
GUIDELINES FOR WELL-DRILLING, BORING RIGS, AND TENDER TRUCKS AND TO
MAKE
Printed Page 4840 . . . . . Thursday, May 30,
1996
TECHNICAL CHANGES; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING
TO THE
REGISTRATION AND INVESTIGATION BY THE DEPARTMENT OF REVENUE AND
TAXATION
OF VEHICLES WHICH TRANSPORT PROPERTY OR TEN OR MORE PERSONS, SO AS
TO
DELETE THE PHRASE "DEPARTMENT OF REVENUE AND TAXATION"
AND TO
ADD THE TERM "DEPARTMENT"; TO AMEND SECTION 56-5-4160, AS
AMENDED,
RELATING TO PENALTIES FOR VEHICLES WHICH EXCEED THE GROSS WEIGHT
IMPOSED
BY SECTION 56-5-4130 OR 56-5-4140, SO AS TO PROVIDE FOR THE DISBURSEMENT
OF FINES
COLLECTED FROM VEHICLES WHICH CARRY EXCESS WEIGHT; TO AMEND
SECTION
56-5-4192, AS AMENDED, RELATING TO THE MOVEMENT OF A MOBILE HOME ON
HIGHWAYS OF THIS STATE ON SATURDAYS, SO AS TO MAKE TECHNICAL
CHANGES; TO
AMEND SECTION 56-5-4720, AS AMENDED, RELATING TO THE USE OF
OSCILLATING,
ROTATING, OR FLASHING RED LIGHTS ON STATE DEPARTMENT HIGHWAYS AND
PUBLIC
TRANSPORTATION VEHICLES, SO AS TO DELETE THE TERM
"DEPARTMENT"
AND ADD THE PHRASE "DEPARTMENT OF TRANSPORTATION"; TO
AMEND
SECTION 56-5-4880, AS AMENDED, RELATING TO THE INSPECTION OF BRAKES OF
MOTOR-DRIVEN CYCLES BY THE DEPARTMENT, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-5010, AS AMENDED,
RELATING TO
THE SAFETY GLASS IN MOTOR VEHICLES, SO AS TO DELETE THE PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-5670, AS AMENDED,
RELATING TO
THE DUTIES OF A PERSON WHO DEMOLISHES VEHICLES, SO AS TO DELETE THE
PHRASE
"DEPARTMENT OF REVENUE AND TAXATION" AND ADD THE TERM
"DEPARTMENT"; TO AMEND SECTION 56-5-5810, RELATING TO
DEFINITIONS FOR
PURPOSES OF ABANDONED VEHICLES, SO AS TO REVISE DEFINITIONS WITH
RESPECT TO
SUCH VEHICLES AND TRANSFER ENFORCEMENT AUTHORITY; TO ADD SECTION
56-5-5820
SO AS TO DECLARE THAT ABANDONED AND DERELICT VEHICLES CONSTITUTE A
HEALTH
AND SAFETY HAZARD; TO AMEND SECTION 56-5-5840, RELATING TO ABANDONED
VEHICLES, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION
56-5-5850, AS
AMENDED, RELATING TO PROCEDURES EMPLOYED IN THE
Printed Page 4841 . . . . . Thursday, May 30,
1996
REMOVAL OF ABANDONED OR DERELICT VEHICLES, SO AS TO REVISE THESE
PROCEDURES; TO AMEND SECTION 56-5-5870, AS AMENDED, RELATING TO
AUTHORITY TO
CONTRACT TO PREPARE FOR THE DISPOSAL OF ABANDONED VEHICLES, SO AS
TO
EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS AND DELETE REFERENCES
TO THE
AUTHORITY OF THE DIRECTOR; TO AMEND SECTION 56-5-5880, RELATING TO
AUTHORITY
TO ENTER ONTO PROPERTY TO ENFORCE ABANDONED VEHICLE PROVISIONS, SO
AS TO
EXTEND THIS AUTHORITY TO LOCAL GOVERNMENTS; TO AMEND SECTION
56-5-5890,
RELATING TO THE REQUIREMENT NOT TO HARM ABANDONED VEHICLES IN THE
PROCESS
OF REMOVAL, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION
56-5-5900,
RELATING TO THIRD PARTY LIABILITY FOR PENALTIES AND FEES WITH RESPECT
TO
ABANDONED VEHICLES, SO AS TO MAKE GRAMMATICAL CHANGES AND
AUTHORIZE
RECEIPT OF STOLEN VEHICLE REPORTS FROM OTHER STATES; TO AMEND
SECTION
56-5-5910, RELATING TO PENALTIES FOR TAMPERING WITH IDENTIFYING TAGS,
SO AS TO
INCREASE THE MAXIMUM FINE; TO AMEND SECTION 56-5-5920, RELATING TO THE
CIRCUMSTANCES UNDER WHICH VEHICLES ARE SUBJECT TO THE
ABANDONMENT
PROVISIONS, SO AS TO MAKE GRAMMATICAL CHANGES AND LIMIT THE
APPLICATION OF
THE ARTICLE TO VEHICLES PRESENTING AN IMMEDIATE HAZARD; TO AMEND
SECTION
56-5-5940, RELATING TO ENFORCEMENT OF THE ABANDONED VEHICLE LAW, SO
AS TO
AUTHORIZE THE LANDOWNER WHERE A VEHICLE IS ABANDONED TO APPLY TO
THE
APPROPRIATE LAW ENFORCEMENT JURISDICTION TO ENFORCE THE ARTICLE; TO
ADD
SECTION 56-5-5945, SO AS TO PROVIDE FOR THE DUTIES OF DEMOLISHERS
RECEIVING
ABANDONED CARS; TO AMEND SECTION 56-5-5950, RELATING TO THE OFFENSE
OF
ABANDONING A VEHICLE, SO AS TO INCREASE THE MAXIMUM FINE; TO AMEND
SECTION
56-7-10, AS AMENDED, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO
REQUIRE
APPROVAL OF THE TICKET FORM BY THE ATTORNEY GENERAL WITHIN THIRTY
DAYS
AND TO AUTHORIZE AUTOMATED TICKETS UPON APPROVAL BY THE
DEPARTMENT; TO
AMEND SECTION 56-7-12, AS AMENDED, RELATING TO INSURANCE VERIFICATION
FOLLOWING A MOVING VIOLATION, SO AS TO AUTHORIZE RATHER THAN
REQUIRE THE
FURNISHING OF THE
Printed Page 4842 . . . . . Thursday, May 30,
1996
INSURANCE VERIFICATION REQUEST FORM TO THE ALLEGED VIOLATOR AND TO
TRANSFER ENFORCEMENT OF THIS PROVISION; TO AMEND SECTION 56-9-330,
RELATING
TO FEES FOR DRIVING RECORD ABSTRACTS AND ACCIDENT REPORTS, SO AS TO
DELETE
REFERENCES TO SPECIFIC FEES; TO ADD SECTION 56-9-505, SO AS TO AUTHORIZE
A
WAIVER OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS FOR SUSPENSIONS
FOR
FAILURE TO PAY PROPERTY TAXES UPON PROOF OF PAYMENT; TO AMEND
SECTION
56-10-45, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION IN
ENFORCING
MANDATORY INSURANCE REQUIREMENTS, SO AS TO AUTHORIZE AGREEMENTS
FOR
ENFORCEMENT, TO IMPOSE AN ADDITIONAL FIFTY DOLLAR FINE FOR ITEMS
RECOVERED
TO BE CREDITED TO THE GENERAL FUND OF THE LOCAL JURISDICTION, AND TO
TRANSFER GENERAL ENFORCEMENT AUTHORITY; TO AMEND SECTION 56-10-240,
AS
AMENDED, RELATING TO THE CRIMINAL AND CIVIL PENALTIES FOR FAILING TO
MAINTAIN INSURANCE ON A VEHICLE, SO AS TO DELETE THE INCREASED
REINSTATEMENT FEE FOR SUBSEQUENT INSURANCE LAPSES, TO LIMIT TO TEN
YEARS
THE PERIOD REQUIRED TO BE CONSIDERED IN DETERMINING PRIOR
CONVICTIONS FOR
PURPOSES OF THE CRIMINAL PENALTY, AND TO TRANSFER ENFORCEMENT
AUTHORITY;
TO ADD CHAPTER 11 IN TITLE 56, RELATING TO MOTOR VEHICLES, SO AS TO
PROVIDE
FOR THE REVISED IMPOSITION OF THE ROAD TAX ON MOTOR CARRIERS AND
PROVIDE
FOR THE ENFORCEMENT OF THE CHAPTER; TO AMEND SECTION 56-15-310,
RELATING TO
MOTOR VEHICLES AND THE REQUIREMENT OF A LICENSE, SO AS TO, AMONG
OTHER
THINGS, CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-15-340,
RELATING TO
MOTOR VEHICLE RECORDS, SO AS TO REORGANIZE THE PROVISIONS OF THE
SECTION; TO
AMEND SECTION 56-15-570, RELATING TO WHOLESALE MOTOR VEHICLE
AUCTIONS AND
THE REQUIREMENT OF A SURETY BOND, SO AS TO, AMONG OTHER THINGS,
DELETE THE
PROVISION THAT A NEW BOND OR A PROPER CONTINUATION CERTIFICATE MUST
BE
DELIVERED TO THE ADMINISTERING AGENCY ANNUALLY BEFORE RENEWAL OF
LICENSE; TO AMEND SECTION 56-16-140, RELATING TO REGULATION OF
MOTORCYCLE
MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS AND THE
LICENSE FOR
A DEALER OR
Printed Page 4843 . . . . . Thursday, May 30,
1996
WHOLESALER, FEES, AND PENALTIES FOR NONCOMPLIANCE, SO AS TO, AMONG
OTHER
THINGS, RESTATE THE LICENSING PERIOD; TO AMEND SECTION 56-16-170,
RELATING TO
RECORDS PERTAINING TO THE TRANSFER OF MOTORCYCLES AND PENALTIES
FOR
FAILURE TO KEEP RECORDS OR TO MAKE THEM AVAILABLE, SO AS TO
REORGANIZE THE
SECTION; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING
CHAPTER 17
SO AS TO ENACT PROVISIONS FOR CRIMINAL PENALTIES; TO AMEND SECTION
56-19-10, AS
AMENDED, RELATING TO PROTECTION OF TITLES TO AND INTERESTS IN MOTOR
VEHICLES AND DEFINITIONS, SO AS TO DEFINE "MOPED"; TO AMEND
SECTION
56-19-240, AS AMENDED, RELATING TO APPLICATION FOR A MOTOR VEHICLE
CERTIFICATE OF TITLE, FORM, AND CONTENTS, SO AS TO, AMONG OTHER
THINGS,
DELETE THE PROVISION THAT A TRANSFEROR MAY COMPLETE THE ODOMETER
DISCLOSURE STATEMENT ON EITHER A NOTARIZED BILL OF SALE IN AN
APPROVED
FORM OR ON THE PREVIOUS CERTIFICATE OF TITLE; TO AMEND SECTION
56-19-280,
RELATING TO MOTOR VEHICLE CERTIFICATES OF TITLE, REFUSAL OF A
CERTIFICATE,
AND A VEHICLE WHICH IS REPORTED STOLEN OR CONVERTED, SO AS TO
PROVIDE THAT
A TITLE MAY BE ISSUED ON A VEHICLE THAT IS REPORTED STOLEN ONLY IN
CASES
WHERE THE SETTLEMENT TO AN INSURANCE COMPANY IS INVOLVED; TO
AMEND
SECTION 56-19-310, RELATING TO NUMBERING MOTOR VEHICLE CERTIFICATES
ISSUED TO
SUCCESSIVE OWNERS AND TWO TRANSFERS WHEN AN AUCTIONEER GIVES
TITLE, SO AS
TO DELETE THE PROVISION THAT TRANSFER OR SALE OF A VEHICLE THROUGH
AN
AUCTION SALE WHERE THE AUCTIONEER GIVES TITLE SHALL BE CONSIDERED A
SALE;
TO AMEND SECTION 56-19-340, RELATING TO THE MAILING OF THE MOTOR
VEHICLE
CERTIFICATE OF TITLE TO THE FIRST LIENHOLDER OR, IF NONE, TO THE OWNER,
SO AS
TO PROVIDE ALTERNATIVELY FOR THE CERTIFICATE OF TITLE TO BE GIVEN TO
THE
LIENHOLDER'S AUTHORIZED AGENT; TO AMEND SECTION 56-19-480, RELATING
TO THE
TRANSFER AND SURRENDER OF CERTIFICATES, LICENSE PLATES, REGISTRATION
CARDS,
AND MANUFACTURER'S SERIAL PLATES OF VEHICLES SOLD AS SALVAGE,
ABANDONED,
SCRAPPED, OR DESTROYED, SO AS TO, AMONG OTHER THINGS, REQUIRE A
REPORT
INDICATING
Printed Page 4844 . . . . . Thursday, May 30,
1996
THE TYPE AND SEVERITY OF ANY DAMAGE TO THE VEHICLE; TO AMEND
SECTION
56-19-650, RELATING TO THE PROCEDURE TO BE FOLLOWED WHEN AN OWNER
CREATES
A SECURITY INTEREST IN A MOTOR VEHICLE, SO AS TO, AMONG OTHER THINGS,
DELETE
CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE FOR THE SITUATION
WHERE A
SUPPLEMENTAL LIEN IS CREATED BY THE OWNER; TO AMEND SECTION 56-23-10,
AS
AMENDED, RELATING TO THE REQUIREMENT THAT DRIVER TRAINING SCHOOLS
BE
LICENSED, SO AS TO DELETE UNNECESSARY LANGUAGE DEFINING
"DEPARTMENT"; TO AMEND SECTION 56-25-10, AS AMENDED,
RELATING TO
NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER
THINGS,
DELETE THE AUTHORIZATION TO PROMULGATE REGULATIONS; TO AMEND
SECTION
56-25-20, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO
COMPLY
WITH A TRAFFIC CITATION ISSUED IN SOUTH CAROLINA OR ANY JURISDICTION
HAVING
THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO, AMONG OTHER
THINGS,
PERMIT, RATHER THAN REQUIRE, THE SUSPENSION OF THE DRIVER'S LICENSE,
AND
PROVIDE FOR THE OPTION OF REFUSING TO RENEW THE LICENSE; TO AMEND
SECTION
56-28-10, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS
WARRANTIES AND
DEFINITIONS, SO AS TO PROVIDE THAT "MOTOR VEHICLE" MEANS A
PRIVATE
PASSENGER MOTOR VEHICLE AND REMOVE THE PROVISION EXCLUDING
TRUCKS WITH A
GROSS VEHICLE WEIGHT OVER SIX THOUSAND POUNDS FROM BEING COVERED
UNDER
THE TERM "MOTOR VEHICLE", AND TO PROVIDE THAT A "NEW
MOTOR
VEHICLE" MEANS, AMONG OTHER THINGS, A PRIVATE PASSENGER
VEHICLE; TO
AMEND SECTION 56-29-50, AS AMENDED, RELATING TO THE "MOTOR
VEHICLE CHOP
SHOP, STOLEN, AND ALTERED PROPERTY ACT" AND FORFEITURE OF THE
MOTOR
VEHICLE, TOOLS, IMPLEMENTS, OR OTHER INSTRUMENTALITY, SO AS TO
TRANSFER
ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE
AND
TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE FOR THE
CERTIFICATION OF THE SEIZING AGENCY RATHER THAN ITS AFIDAVIT; TO
AMEND
SECTION 56-31-50, AS AMENDED, RELATING TO RENTAL OF PRIVATE PASSENGER
AUTOMOBILES AND THE SURCHARGE ON THE RENTAL OF SUCH VEHICLES
Printed Page 4845 . . . . . Thursday, May 30,
1996
FOR THIRTY-ONE DAYS OR LESS, SO AS TO, AMONG OTHER THINGS, TRANSFER
ADMINISTERING-AGENCY AUTHORITY FROM THE DEPARTMENT OF REVENUE
AND
TAXATION TO THE DEPARTMENT OF PUBLIC SAFETY, PROVIDE FOR REMITTING
CERTAIN
EXCESS SURCHARGE REVENUES TO THE STATE TREASURER'S OFFICE, RATHER
THAN THE
DEPARTMENT OF REVENUE AND TAXATION, AND DELETE CERTAIN PROVISIONS;
TO
REPEAL CHAPTER 31 OF TITLE 12, RELATING TO THE ROAD TAX ON MOTOR
CARRIERS,
AND SECTIONS 12-4-400, RELATING TO THE DIVISION OF COMMERCIAL MOTOR
VEHICLE
SERVICES; 12-4-410, RELATING TO THE DUTIES AND POWERS OF THE DIVISION OF
COMMERCIAL MOTOR VEHICLE SERVICES; 12-37-2740, RELATING TO
ASSESSMENT OF
PROPERTY TAXES, MOTOR VEHICLES, AND SUSPENSION OF DRIVER'S LICENSE
AND
REGISTRATION; 20-7-947, RELATING TO CHILD SUPPORT, SUPPORT
ENFORCEMENT
THROUGH VEHICLE LICENSE REVOCATION, AND INTERAGENCY AGREEMENTS;
23-6-10(3),
RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEFINITION OF
"DEPUTY DIRECTOR"; 23-6-200, RELATING TO THE DIVISION OF PUBLIC
SAFETY
OF THE DEPARTMENT OF PUBLIC SAFETY; 56-1-225(B), RELATING TO THE
RE-EXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS WITHIN
TWENTY-FOUR
MONTHS AND THE AUTHORITY TO PROMULGATE REGULATIONS; 56-1-520,
RELATING TO
ADMINISTRATION AND ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE 56,
REGARDING DRIVER'S LICENSES; 56-1-530, RELATING TO THE PROMULGATION OF
RULES
AND REGULATIONS FOR THE ENFORCEMENT OF ARTICLE 1 OF CHAPTER 1, TITLE
56,
REGARDING DRIVER'S LICENSES; 56-1-550, RELATING TO THE USE OF FEES
COLLECTED
UNDER ARTICLE 1 OF CHAPTER 1, TITLE 56, REGARDING DRIVER'S LICENSES;
56-1-560,
RELATING TO THE PROVISION THAT ARTICLE 1 OF CHAPTER 1 OF TITLE 56,
REGARDING
DRIVER'S LICENSES, SHALL NOT BE HELD TO REPEAL ANY OTHER LAWS BUT
SHALL BE
HELD TO BE CUMULATIVE; 56-1-830, RELATING TO JUDICIAL REVIEW OF THE
SUSPENSION
OF A DRIVER'S LICENSE; 56-1-840, RELATING TO ADMINISTRATION AND
ENFORCEMENT
OF ARTICLE 3 OF CHAPTER 1, TITLE 56, REGARDING THE POINT SYSTEM FOR
EVALUATING OPERATING RECORDS OF DRIVERS, AND PROMULGATION OF
RULES AND
REGULATIONS; 56-1-1120,
Printed Page 4846 . . . . . Thursday, May 30,
1996
RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND
PUBLIC
TRANSPORTATION SHALL REVIEW AND CERTIFY CERTAIN DRIVER'S LICENSE
RECORDS;
56-1-3390, RELATING TO PROMULGATION OF RULES AND REGULATIONS TO
IMPLEMENT
ARTICLE 15 OF CHAPTER 1, TITLE 56, REGARDING IDENTIFICATION CARDS;
56-3-20(21),
RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING AND THE
DEFINITION OF
"DEPARTMENT"; 56-3-251, RELATING TO BIENNIAL LICENSE PLATES OR
REVALIDATION DECALS FOR MOTOR VEHICLES; 56-3-420, RELATING TO THE
GROUNDS
FOR REFUSING TO LICENSE AND REGISTER AN AUTOMOBILE UTILITY TRAILER;
56-3-880,
RELATING TO THE PROMULGATION OF RULES AND REGULATIONS AS TO
UNCERTIFIED
CHECKS TENDERED FOR MOTOR VEHICLE LICENSE FEES; 56-3-1010(3), RELATING
TO
CORPORATE-OWNED FLEET MOTOR VEHICLES AND THE DEFINITION OF
"DEPARTMENT"; 56-3-1950(1), RELATING TO FREE PARKING FOR
HANDICAPPED
PERSONS AND THE DEFINITION OF "DEPARTMENT"; 56-3-2410,
RELATING TO
PROVISIONS REGARDING ADMINISTERING AND ENFORCING CHAPTER 3, TITLE 56,
AS TO
REGISTRATION AND LICENSING OF MOTOR VEHICLES AND RULES AND
REGULATIONS;
56-3-2500, RELATING TO RULES AND REGULATIONS GOVERNING CHANGE OR
SUBSTITUTION OF MOTOR VEHICLE ENGINES; 56-3-2670, RELATING TO
PROMULGATION OF
REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 29 OF CHAPTER 3, TITLE 56,
REGARDING CERTAIN TEMPORARY LICENSE PLATES; 56-3-2750, RELATING TO
PROMULGATION OF REGULATIONS NECESSARY TO IMPLEMENT ARTICLE 30 OF
CHAPTER
3, TITLE 56, REGARDING TEMPORARY LICENSE PLATES AND CERTIFICATES OF
REGISTRATION OF MOTOR VEHICLES USED ONLY FOR CORPORATE RESEARCH
AND
DEVELOPMENT; 56-5-370, RELATING TO TRAFFIC REGULATION, GOVERNMENTAL
AGENCIES, PEDESTRIANS, POLICE OFFICERS, AND OTHER PERSONS AND THE
DEFINITION
OF "DEPARTMENT"; 56-5-2960, RELATING TO TRAFFIC REGULATION
AND THE
PROVISION THAT PLEAS OF GUILTY OR NOLO CONTENDERE OR FORFEITURE OF
BAIL ARE
THE SAME AS A CONVICTION; 56-5-5015(L), RELATING TO PROMULGATION OF
REGULATIONS PRESCRIBING ENFORCEMENT OF THE PROCEDURE AND
MECHANISM FOR
TESTING LIGHT TRANSMITTANCE IN VEHICLE GLASS; 56-5-5610, RELATING TO
Printed Page 4847 . . . . . Thursday, May 30,
1996
DEFINITIONS UNDER THE LAWS ON DISPOSITION OF ABANDONED MOTOR
VEHICLES ON
THE HIGHWAYS; 56-5-5680, RELATING TO PENALTIES UNDER THE LAWS ON
DISPOSITION
OF ABANDONED MOTOR VEHICLES ON THE HIGHWAYS; 56-5-5830, RELATING TO
DUTIES
OF THE DIRECTOR OF THE DEPARTMENT OF REVENUE AND TAXATION, AND THE
REQUIREMENT THAT COUNTY AND MUNICIPAL OFFICERS COOPERATE WITH THE
DIRECTOR, REGARDING DISPOSITION OF ABANDONED OR DERELICT MOTOR
VEHICLES ON
PUBLIC OR PRIVATE PROPERTY; 56-5-5860, RELATING TO THE REQUIREMENT
THAT TITLES
SHALL VEST IN THE STATE OF WOUTH CAROLINA WITH RESPECT TO THE
DISPOSITION OF
ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC OR PRIVATE
PROPERTY;
56-5-5930, RELATING TO IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 41
OF
CHAPTER 5, TITLE 56, REGARDING DISPOSITION OF ABANDONED OR DERELICT
MOTOR
VEHICLES ON PUBLIC OR PRIVATE PROPERTY; 56-5-6180, RELATING TO
PROMULGATION
OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF ARTICLE 43 OF
CHAPTER 5,
TITLE 56, REGARDING TRAFFIC VIOLATIONS PROCEDURE; 56-9-20(1), RELATING
TO THE
DEFINITION OF "CONVICTION" UNDER THE MOTOR VEHICLE
FINANCIAL
RESPONSIBILITY ACT; 56-9-20(2), RELATING TO THE DEFINITION OF
"DEPARTMENT" UNDER THE MOTOR VEHICLE FINANCIAL
RESPONSIBILITY ACT;
56-9-310, RELATING TO THE ADMINISTRATION OF CHAPTER 9, TITLE 56,
REGARDING THE
MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, AND TO THE HEARINGS AND
THE
PROMULGATION OF RULES AND REGULATIONS THEREUNDER; 56-10-210(3),
RELATING TO
THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING
INSURANCE
REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; 56-10-290,
RELATING TO
ENFORCEMENT OF THE PROVISIONS OF ARTICLE 3 OF CHAPTER 10, TITLE 56,
REGARDING
INSURANCE REQUIREMENTS AS TO MOTOR VEHICLE REGISTRATION; 56-10-300,
RELATING
TO THE POWER TO PRESCRIBE, ADOPT, PROMULGATE, RESCIND, AND ENFORCE
REGULATIONS WITH RESPECT TO ARTICLE 3 OF CHAPTER 10, TITLE 56,
REGARDING
INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION;
56-15-10(R),
RELATING TO THE DEFINITION OF "DEPARTMENT" UNDER THE LAWS
ON
MOTOR VEHICLES AND
Printed Page 4848 . . . . . Thursday, May 30,
1996
THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS;
56-15-360,
RELATING TO THE PROMULGATION OF REGULATIONS NECESSARY FOR THE
ENFORCEMENT OF CHAPTER 15, TITLE 56, REGARDING REGULATION OF MOTOR
VEHICLE
MANUFACTURERS, DISTRIBUTORS, AND DEALERS; 56-16-10(R), RELATING TO THE
DEFINITION OF "DEPARTMENT" UNDER THE LAWS REGARDING THE
REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS,
AND
WHOLESALERS; 56-16-190, RELATING TO AUTHORITY TO PROMULGATE
REGULATIONS
NECESSARY FOR THE ENFORCEMENT OF CHAPTER 16, TITLE 56, REGARDING
REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS,
AND
WHOLESALERS; 56-19-10(5), RELATING TO THE DEFINITION OF
"DEPARTMENT"
UNDER THE LAWS REGARDING PROTECTION OF TITLES TO AND INTERESTS IN
MOTOR
VEHICLES; 56-19-30, RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND
REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF CHAPTER 19,
TITLE 56,
REGARDING PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES,
AND
RELATING TO ADOPTION AND ENFORCEMENT OF RULES AND REGULATIONS
NECESSARY
TO CARRY OUT THE PROVISIONS OF CHAPTER 21, TITLE 16, REGARDING
OFFENSES
INVOLVING MOTOR VEHICLE TITLES; 56-27-10(C), RELATING TO THE DEFINITION
OF
"DEPARTMENT" UNDER THE LAWS ON PROFESSIONAL HOUSEMOVING;
38-73-456,
RELATING TO THE PROVISION THAT AN INCREASE IN AUTOMOBILE INSURANCE
PREMIUMS, OR ADDITIONAL SURCHARGES, FOR A DRIVING VIOLATION IS
PROHIBITED
UNTIL A CONVICTION OCCURS; AND 38-77-175, RELATING TO VERIFICATION OF
AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC
TICKET, FORM,
AND PENALTY; AND TO PROVIDE THAT, WITH RESPECT TO THE REPEAL OF
ITEMS OR
SUBSECTIONS OF PROVISIONS OF LAW IN THIS ACT, THE CODE COMMISSIONER
SHALL
RENUMBER, OR RELETTER, ALL REMAINING ITEMS OR SUBSECTIONS AS
NECESSARY TO
CONFORM TO THE REPEALER.
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