South Carolina General Assembly
115th Session, 2003-2004

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S. 356

STATUS INFORMATION

General Bill
Sponsors: Senator Hutto
Document Path: l:\s-res\cbh\001hear.mrh.doc

Introduced in the Senate on February 12, 2003
Introduced in the House on April 30, 2003
Last Amended on June 4, 2003
Continued by the Senate on April 28, 2004

Summary: Hearing impaired drivers; notation on driver's license; identification placard for vehicle to be issued

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/12/2003  Senate  Introduced and read first time
   2/12/2003  Senate  Referred to Committee on Transportation
   4/29/2003  Senate  Committee report: Favorable with amendment 
                        Transportation SJ-43
   4/29/2003  Senate  Read second time SJ-43
   4/29/2003  Senate  Ordered to third reading with notice of amendments SJ-43
   4/30/2003  Senate  Read third time and sent to House SJ-28
   4/30/2003          Scrivener's error corrected
   4/30/2003  House   Introduced and read first time HJ-102
   4/30/2003  House   Referred to Committee on Education and Public Works 
                        HJ-103
   5/21/2003  House   Committee report: Favorable with amendment Education and 
                        Public Works HJ-2
   5/27/2003  House   Requests for debate-Rep(s). Scarborough, Altman, Young, 
                        Thompson, Loftis and Skelton HJ-14
   5/27/2003  House   Debate interrupted HJ-377
   5/28/2003  House   Requests for debate removed-Rep(s). Scarborough, Young, 
                        Loftis, Altman and Skelton HJ-43
   5/28/2003  House   Retaining place on calendar recommitted to Committee on 
                        Education and Public Works HJ-43
   5/29/2003  House   Committee report: Favorable with amendment Education and 
                        Public Works HJ-63
   5/29/2003  House   Requests for debate-Rep(s). Scarborough, Altman, Young, 
                        Perry, Walker, Townsend, JE Smith, Lourie, Hosey, 
                        Owens, Rice, Moody-Lawrence, Simrill, Richardson, 
                        Kirsh, Skelton, Thompson, Clark, Cotty, Gilham, 
                        Chellis, Umphlett and Hinson HJ-64
    6/2/2003          Scrivener's error corrected
    6/4/2003  House   Amended HJ-92
    6/4/2003  House   Read second time HJ-96
    6/4/2003  House   Roll call Yeas-63  Nays-43 HJ-96
    6/5/2003  House   Read third time and returned to Senate with amendments 
                        HJ-15
   4/28/2004          Continued SJ-4

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/12/2003
4/29/2003
4/30/2003
5/21/2003
5/29/2003
6/2/2003
6/4/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

June 4, 2003

S. 356

Introduced by Senator Hutto

S. Printed 6/4/03--H.

Read the first time April 30, 2003.

            

A BILL

TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-5-6540 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:

"Section 56-5-6540.    (A)    A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No Court costs, assessments, or surcharges may not be assessed against the person convicted. No A person may not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B)    A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:

(1)    when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2)    when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C)    A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D)    A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

In addition, a conviction for violation of this article must not be reported to the offender's motor vehicle insurer.

(E)(B)    A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F)(C)    No A vehicle, driver, or occupant in a vehicle may not be searched solely because of a violation of this article, nor may consent to search be requested or a stop made under subsection (B)(1).

(D)    A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter."

SECTION    2.    This act takes effect six months after the date of approval by the Governor.

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