| Printed Page 3800, June 1 | Printed Page 3820, June 1 |

"Section 51-13-860. The State Budget and Control Board may transfer to the authority an amount not to exceed six million dollars from the funds made available to the South Carolina Coordinating Council for Economic Development of the Department of Commerce pursuant to Section 12-27-1270, for the purpose of the authority participating in any court approved settlement of the claims and litigation brought against the authority, or its officers, employees, or agents and arising from, related to, or connected with the development of a hotel and marina complex upon the lands of the authority, and for those other operating expenses necessary for the further development of the authority. This transfer is considered a loan to the authority, and it must be for a period not to exceed three years as determined by the Budget and Control Board and must be free of interest for that period."

SECTION 249. Section 53-3-100 of the 1976 Code is amended to read:

"Section 53-3-100. A committee is created to choose and honor the `South Carolina Family of the Year' which must be recognized by the presentation of an appropriate award by the Governor on Saturday of `Family Week in South Carolina'. The committee is composed of one member appointed by the Governor and one member appointed by the head of each of the following state agencies: the Department of Parks, Recreation and Tourism, the Department of Youth Services Juvenile Justice, the South Carolina Commission Division on Aging of the Office of the Governor, the Department of Social Services, the Commission on Department of Alcohol and Other Drug Abuse Services, and the Department of Agriculture Clemson College Extension Service. The terms of the members are for four years and until their successors are appointed and qualify. The committee shall meet as soon after the appointment of its members as practicable and organize by electing one of its members as chairman, one as secretary, and such other officers that it may determine. The expenses of the committee must be paid by the Department of Parks, Recreation and Tourism from funds appropriated for this purpose."

SECTION 250. Section 55-1-1 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 55-1-1. There is created a Division of Aeronautics as a division within the Department of Commerce which shall be governed by the Director of the Department Secretary of Commerce as provided in Chapter 1 of Title 13."

"Section 55-5-50. The director secretary shall employ a deputy director of aeronautics who is or has been a commercial pilot with instrument rating and such other employees as necessary for the proper transaction of the division's business."

SECTION 251B. 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 by law;"

SECTION 252. Section 56-1-80 of the 1976 Code, as last amended by Section 121, Act 497 of 1994, is further amended to read:

"Section 56-1-80. Every application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and

(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal.

Whenever 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 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 Department of Public Safety that neither he, nor a resident

SECTION 253. Section 56-1-135 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-135. (A) Notwithstanding the provisions of Section 56-1-130, a paid or volunteer firefighter of a lawfully and regularly organized fire department designated to drive a firefighting vehicle may have a special endorsement affixed to his driver's license which authorizes him to drive this vehicle for the purpose of carrying out the duties and responsibilities of a fire department and related activities.

(B) Every political subdivision and unincorporated community operating a lawfully and regularly organized fire department of this State shall designate a law enforcement officer or the fire chief or his designee as its safety officer. The safety officer shall meet the qualifications set forth in the department Department of Public Safety guidelines. However, he does not have to be a full-time employee. A firefighter desiring to drive the vehicle referred to in subsection (A) shall demonstrate his ability to exercise ordinary and reasonable control in the operation of this vehicle to a safety officer. The fire department, including volunteer fire departments, shall submit to the department Department of Public Safety a list of the persons designated to drive the vehicle.

(C) It is the responsibility of the agency or fire department who operates the vehicle to keep the list of designated drivers current. Changes in the list of drivers must be reported to the department Department of Public Safety within thirty days from the change."

SECTION 254. Section 56-1-221(B) of the 1976 Code is amended to read:

"(B) The board shall advise the executive director of the department Department of Public Safety on medical criteria and vision standards relating to the licensing of drivers."

SECTION 255A. Section 56-1-225 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-225. (a) Any person licensed to drive a motor vehicle in this State who is involved as a driver in four accidents in any twenty-four month period, which are reported to the director Director of the Department of Public Safety, may, in the discretion of the department Department of Public Safety, be required to take any portion of the

(b) The director Director of the Department of Public Safety shall promulgate regulations to implement the provisions of this section."

SECTION 255B. Section 56-1-320 of the 1976 Code is amended to read:

"Section 56-1-320. The Department of Public Safety 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 255C. Section 56-1-390(1) of the 1976 Code is amended to read:

"(1) Whenever the Department of Public Safety 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 255D. Section 56-1-650 of the 1976 Code is amended to read:

"(A) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported pursuant to Article 2, Chapter 1, Title 56, as it would if the conduct had occurred in the home state, in the case of convictions for A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any of the following:

(1) manslaughter or homicide resulting from the operation of a motor vehicle as provided by Sections56-1-280 and 56-5-2910;

(3) any felony in the commission of which a motor vehicle is used, as provided by Section56-1-280;

(4) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another, as provided by Section56-5-1210.

(B) As to other convictions, reported pursuant to Article 2, Chapter 1, Title 56, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state. If the laws of a member state do not describe the violations listed in subsection (A) in precisely the words used in that subsection, the member state shall construe the descriptions to apply to offenses of the member state that are substantially similar to the ones described. A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any other offense or any other information concerning convictions that the member states agree to report.

(C) If the laws of a party state do not provide for offenses described in precisely the words employed in subsection (A) of this section, the party state shall construe the descriptions appearing in subsection (A) of the section as being applicable to those offenses of a substantially similar nature and the laws of the party state shall contain such provisions that are necessary to ensure that full force and effect is given to this article. For a conviction required to be reported under subsection (A), a member state shall give the same effect to the report as if the conviction had occurred in that state. For a conviction that is not required to be reported under subsection (A), the provisions of Section 56-1-320 shall govern the effect of the reported conviction in this State. For a conviction that is not required to be reported under subsection (A), notice of the conviction must be received by the department for purposes of suspension or revocation within one year of the date of conviction."

SECTION 256. Section 56-1-1320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence

SECTION 257. 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, the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall notify the Department of Public Safety, 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."

"(D) Within ten days after issuing a commercial driver license, the department Department of Public Safety must notify the Commercial Driver License Information System of that fact, providing all information required to insure ensure identification of the person."

SECTION 259. Section 56-3-1010(3) of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is amended to read:

"(3) `Department' means the South Carolina Department of Highways and Public Transportation Revenue."

SECTION 260. Article 13, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-1720. The Department of Revenue shall supply, at an appropriate fee, a special license plate for use on all law enforcement motor vehicles primarily operated by line law enforcement personnel of the Department of Public Safety. These plates shall bear the words "South Carolina," a number, and a prefix, `HP' or `TP', to designate respectively the highway patrol or transport police. The Department of Revenue shall not issue these prefixes for use on any motor vehicles except those operated by the Department of Public Safety."

SECTION 261. Section 56-5-2950(d) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(d) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, none may be given, but the department, on the basis of a report of the law enforcement officer that the arrested person was operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them and that the person had refused to submit to the tests shall suspend his license or permit to drive, or any nonresident operating privilege for a period of ninety days. If the person is a resident without a license or permit to operate a motor vehicle in this State, the department shall deny to the person the issuance of a license or permit for a period of ninety days after the date of the alleged violation. The ninety-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the ninety-day period begins with the day after the date of the order sustaining the suspension or denial of issuance. The report of the arresting officer must include what grounds he had for believing that the arrested person had been operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. If the arrested person took the chemical breath test but refused to provide a

SECTION 262. Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-2990. (A) The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute constitutes prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any a license by the Department of Revenue and Taxation to operate a motor vehicle.

(B) Any A person whose license is suspended under the provisions of this section must be notified of suspension by the department of the requirement to be evaluated by and successfully complete 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 prior to before reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such the services are necessary, recommended in the plan of education or treatment, or both,

(C) The department and the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any a person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department or the Department of Revenue and Taxation."

SECTION 263. The first paragraph of Section 56-5-4160(E) of the 1976 Code is amended to read:

"(E) Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department as provided for in this section. A magistrate,

SECTION 264. Section 56-5-5810(f) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

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

SECTION 265A. Section 56-10-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-10-240. If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department Department of Public Safety, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department Department of Public Safety of the cancellation or refusal to renew under the following circumstances:

(1) the lapse or termination of such the insurance or security occurs within three months of issuance provided that. However, this subsection only applies to new policies, and not renewal or replacement policies; or

| Printed Page 3800, June 1 | Printed Page 3820, June 1 |

This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.