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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 12, 2005
S. 596
S. Printed 5/12/05--H.
Read the first time April 26, 2005.
TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-7-10 of the 1976 Code, as last amended by Act 54 of 2003, is further amended to read:
"Section 56-7-10. There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses:
Offense Citation
Interfering with Police Officer Serving
Process Section 16-5-50
Dumping Trash on Highway/Private Property Section 16-11-700
Indecent Exposure Section 16-15-130
Disorderly Conduct Section 16-17-530
Discharging Fireworks from Motor Vehicle Section 23-35-120
Damaging Highway Section 57-7-10
Place Glass, Nails, Etc. on Highway Section 57-7-20
Obstruction of Highway by Railroad Cars,
Etc. Section 57-7-240
Signs Permitted on Interstate Section 57-25-140
Brown Bagging Section 61-5-20
Drinking Liquors in Public Conveyance Section 61-13-360
Poles Dragging on Highway Section 57-7-80
Open Container Section 61-9-87
Purchase or Possession of Beer or Wine
by a Person Under Age Section 20-7-370
Purchase or Possession of Alcoholic Liquor
by A Person Under Age Twenty-One Section 20-7-380
Unlawful Possession and Consumption of
Alcoholic Liquors Section 61-5-30
Sale of Beer or Wine on Which Tax Has
Not Been Paid Section 61-9-20
Falsification of Age to Purchase Beer or
Wine Section 61-9-50
Unlawful Purchase of Beer or Wine for A
Person Who Cannot Legally Buy Section 61-9-60
Unlawful Sale or Purchase of Beer or Wine,
Giving False Information as to Age, Buying
Beer or Wine Unlawfully for Another Section 61-9-85
Employment of a Person Under the Age of
Twenty-One As An Employee in Retail or
Wholesale or Manufacturing Liquor
Business Section 61-13-340
Failure to Remove Doors from Abandoned
Refrigerators Section 16-3-1010
Malicious Injury to Animals or Personal
Property Section 16-11-510
Timber, Logs, or Lumber Cutting, Removing,
Transporting Without Permission, Valued
at Less Than Fifty Dollars Section 16-11-580
Littering Section 16-11-700
Larceny of a Bicycle Valued at Less Than
One Hundred Dollars Section 16-13-80
Cock Fighting Section 16-17-650
Ticket Scalping Section 16-17-710
Glue Sniffing Section 44-53-1110
Trespassing Section 16-11-755
Trespassing Section 16-11-600
Trespassing Section 16-11-610
Trespassing Section 16-11-620
Negligent Operation of Watercraft; Operation
of Watercraft While Under Influence of
Alcohol or Drugs Section 50-21-110
Negligence of Boat Livery to Provide Proper
Equipment and Registration Section 50-21-120
Interference with Aids to Navigation or
Regulatory Markers or Operation of
Watercraft in Prohibited Area Section 50-21-170
Operation of Watercraft Without a
Certificate of Title Section 50-23-190
Parking on private property without
permission Section 16-11-760
Certificate of Veterinary Inspection;
Requirement for Out-of-State Livestock
or Poultry Section 47-4-60
Inhibition of Livestock Inspection Section 47-4-120
Imported Swine Section 47-6-50
Operating Equine Sales Facility or Livestock
Market Without Permit Section 47-11-20
Liability of Person Removing Livestock for
Slaughter Section 47-11-120
Notice to Disinfect Section 47-13-310
Quarantine of Livestock or Poultry Section 47-4-70
Unlawful for Horse to Enter State Unless
Tested Section 47-13-1350
Quarantine of Exposed Horses Section 47-13-1360
Proof of Test Required for Public Assembly
of Horses Section 47-13-1370
False Certificates Section 47-13-1390
Unlawful to Feed Garbage to Swine Section 47-15-20
Notification Required from Certain Persons
Disposing of Garbage Section 47-15-40
Sale of Uninspected Meat and Meat Products Section 47-17-60
Sale of Uninspected Poultry and Poultry
Products Section 47-19-70
No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may automate the issuance of a uniform ticket if approved by the department utilize computers and other electronic devices to issue uniform traffic citations and store information resulting from the issuance of a traffic citation if this method of issuing a citation has been approved by the Department of Public Safety."
SECTION 2. Section 56-7-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-7-20. For purposes of this chapter, a Each ticket shall have a unique identifying number. Each printed copy must be labeled at the bottom with the purpose of the copy. A handwritten traffic ticket shall must consist of five four copies, one of which shall must be blue and shall must be given to the vehicle operator who is the alleged traffic violator; one of which shall must be yellow and shall must be dispatched to the department Department of Motor Vehicles for its records and for audit purposes; one of which shall must be white and shall must be dispatched to the police agency of which the arresting officer is a part; and one of which shall must be green and shall must be retained by the trial officer for his records;. and one of which shall be pink and shall be dispatched by the police agency to the department for purposes of audit. Each ticket shall have a unique identifying number. An electronic traffic ticket must consist of at least one, blue printed copy that must be given to the vehicle operator who is the alleged traffic violator and as many as three additional white printed copies if needed to communicate with the Department of Motor Vehicles, the police agency, and the trial officer."
SECTION 3. Section 56-7-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-7-30. (A) The department Department of Public Safety shall have the traffic tickets printed. Police Law enforcement agencies shall order tickets from the department Department of Public Safety and shall record the identifying numbers of the tickets received by them. The cost of the tickets shall must be paid by the police law enforcement agency. The audit copy and the department Department of Motor Vehicles records and audit copy shall must be forwarded to the Department of Motor Vehicles within ten days of the disposition of the case by final trial court action or by nolle prosequi. The head of each police law enforcement agency shall be is responsible for the forwarding of the driver records and audit copies to the Department of Motor Vehicles and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action or by nolle prosequi, and for forwarding the results of the inventory on a form prescribed by the department Department of Motor Vehicles to the department Department of Motor Vehicles within ten days of the completion of the inventory.
"(B) A law enforcement agency that issues uniform traffic tickets in an electronic format as provided in Section 56-7-10 may generate a printed copy of this ticket by using an in-car data terminal or hand held device. A copy of the ticket must be given to the offender. The agency may then transmit the ticket data electronically to the Department of Motor Vehicles for its records and for audit purposes, the law enforcement agency by which the arresting officer is employed, and the trial officer for his records. If any of these entities does not have the capability to accept the ticket data solely using electronic means, the arresting agency must provide the entity with a printed copy of the ticket generated by the in-car data terminal or hand held device. Data transmissions to the Department of Motor Vehicles must be made pursuant to that agency's electronic system specifications. Printed copies provided to the Department of Motor Vehicles must meet that agency's document processing requirements."
SECTION 4. 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 5. Section 56-5-6310 of the 1976 Code is amended to read:
"Section 56-5-6310. The provisions of this chapter, comprising the Uniform Act Regulating Traffic on the highways in this State, Chapters 1, 3, 5, 7, 9, and 10 of Title 56 shall be applicable to private roads if the owner, including any corporation or homeowners' association holding title to community roads and excluding those only holding easements over such roads, shall file a written consent stating that the undersigned is the owner of the private roads shown on an attached plat and consents to the application of the provisions of this chapter for purposes of highway safety on such private roads. When the road is owned by two abutting owners, both shall consent to the application of this chapter. In the event there are more than two owners of the road, the provisions of this chapter shall apply when a majority of those owners of the total front footage abutting such road shall consent thereto. The consent shall be executed with the same formalities as a deed and with the plat shall be filed with the clerk of court or register of deeds for the county in which the private road is located and with the sheriff of such county. No derivation clause shall be required. Such filing shall not constitute a dedication to the public of such roads nor shall it constitute permission by the owner for the public to use such roads. The written consent shall become effective thirty days from the date it is filed with the clerk of court or register of deeds."
SECTION 6. This act takes effect upon approval by the Governor.
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