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S. 1125
STATUS INFORMATION
General Bill
Sponsors: Senator Ryberg
Document Path: l:\council\bills\swb\6684cm06.doc
Introduced in the Senate on February 7, 2006
Currently residing in the Senate Committee on Transportation
Summary: Department of Motor Vehicles
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/7/2006 Senate Introduced and read first time SJ-8
2/7/2006 Senate Referred to Committee on Transportation SJ-8
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-12 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS CONTAINED IN TITLE 56 OF THE SOUTH CAROLINA CODE OF LAWS; TO AMEND SECTION 56-1-286, RELATING TO THE SUSPENSION OF OR THE DENIAL OF THE ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO CERTAIN PERSONS WHO HAVE REGISTERED AN ILLEGAL ALCOHOL CONCENTRATION WHILE OPERATING A MOTOR VEHICLE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-3-215, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS BY THE DEPARTMENT OF MOTOR VEHICLES TO OWNERS OF FARM TRUCKS LICENSED IN OTHER STATES WHICH ALLOWS THEM TO BE OPERATED IN THIS STATE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-3-530, RELATING TO FEES THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE FOR THE RELEASE OF CERTAIN INFORMATION, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-3-661, RELATING TO THE CERTIFICATION OF FOR-HIRE MOTOR VEHICLE CARRIERS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-3-662, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES IDENTIFIER FEE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-5-2951, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES SUSPENSION OF CERTAIN PRIVILEGES TO DRIVE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT TO ADMINISTER THE PROVISIONS OF THIS SECTION AND PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-10-660, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION CONTAINED IN THE DEPARTMENT OF MOTOR VEHICLES' DATABASE, SO AS TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "DIVISION", AND TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; AND TO AMEND SECTION 56-11-220, RELATING TO CERTAIN TEMPORARY PERMITS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES TO CERTAIN MOTOR CARRIERS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-12. The department may promulgate such regulations as may be necessary to implement the provisions of this title."
SECTION 2. Section 56-1-286 (U) of the 1976 Code is amended to read:
"(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions."
SECTION 3. Section 56-3-215 of the 1976 Code is amended to read:
"Section 56-3-215. The Department of Motor Vehicles shall be authorized to issue special permits to owners of farm trucks registered and licensed in another state which special permits shall authorize the operation of such trucks in this State for a period of forty-five days without the requirement that such trucks be registered and licensed in this State.
Trucks eligible for these special permits shall be those which are brought into this State on a short-term temporary basis for the sole purpose of harvesting and transporting seasonal crops to other locations both within and without South Carolina. The Department in its sole discretion shall determine what farm trucks qualify for these special permits and may require such proof as it deems necessary of the usage of trucks to which special permits shall apply.
The Department shall prescribe the form of such permit (including the permit application) and shall be displayed or kept in the truck at all times during the exemption period. The Department shall not issue a special permit to any owner unless he first furnishes evidence of motor vehicle liability insurance in at least the minimum amounts required by law in South Carolina. The fee for each permit shall be one-tenth of the annual fee required for trucks of the same weight. Only one permit for a particular truck shall be issued in any one calendar year.
The Department shall promulgate such regulations as may be necessary to implement the provisions of this section."
SECTION 4. Section 56-3-530 of the 1976 Code is amended to read:
"Section 56-3-530. The Department of Motor Vehicles may charge a fee for releasing information pursuant to this article. The department must promulgate regulations:
(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;
(2) providing a procedure for electronic processing of requests; and
(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request."
SECTION 5. Section 56-3-661 of the 1976 Code is amended to read:
"Section 56-3-661. No for-hire motor vehicle carrier of property, except carriers of household goods or hazardous waste for disposal, may operate in this State without having applied for and received a Class E Certificate of Compliance from the Department of Motor Vehicles. A one-time fee of twenty-five dollars may be charged each company for each certificate issued.
The applicant must provide evidence of meeting the financial responsibilities or insurance requirements, satisfy compliance requirements of the United States Department of Transportation motor carrier safety and hazardous materials regulations before issuance, and continually satisfy these requirements or certification may be suspended, revoked, or placed in a probationary status.
The Department of Motor Vehicles is authorized to promulgate regulations to implement these responsibilities."
SECTION 6. Section 56-3-662 of the 1976 Code is amended to read:
"Section 56-3-662. The Department of Motor Vehicles shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Motor Vehicles may promulgate regulations pursuant to this section. The five-dollar fee collected pursuant to this section must be placed in a special restricted account by the Comptroller General to be used by the Department of Public Safety for the administration and enforcement of the provisions contained in Articles 3 and 5 of Chapter 23, Title 58, and for the building or renovation of weigh stations. All unexpended funds from prior years collected under this section may be retained and carried forward by the Department of Public Safety and used for these purposes."
SECTION 7. Section 56-5-2951(O) and (P) of the 1976 Code is amended to read:
"(O) The department must administer the provisions of this section and must promulgate regulations necessary to carry out its provisions.
(P) If a person does not request an administrative hearing within the thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 8. Section 56-10-660(A) of the 1976 Code is amended to read:
"(A) The division department, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported database information upon request by the following individuals and agencies only:
(1) the individual;
(2) the parent or legal guardian of an individual who is an unemancipated minor;
(3) the legal guardian of an individual who is legally incapacitated;
(4) a person who has power of attorney from the individual;
(5) a person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;
(6) a person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in Section 56-9-351;
(7) a state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or
(8) persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims and preventing fraud or abuse."
SECTION 9. Section 56-11-220(C) of the 1976 Code is amended to read:
"(C) The department shall promulgate the regulations necessary for the proper administration of this section."
SECTION 10. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 11. This act takes effect upon approval by the Governor.
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