2001-2002 Bill 3492: DUI, First Offense; Fee Increase For; Revenue Used for Highway Patrol

1 BIL: 3492 2 TYP: General Bill GB 3 INB: House 4 IND: 20010207 5 PSP: White 6 SPO: White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, 7 Martin, McGee, J.M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter 8 and A. Young 9 DDN: l:\council\bills\skb\18140som01.doc 10 RBY: House 11 COM: Judiciary Committee 25 HJ 12 LAD: 20010607 13 SUB: DUI, first offense; fee increase for; revenue used for highway patrol, 14 Transportation, Public Safety Department, Traffic 15 16 17 18 HST: 19 20 Body Date Action Description Com Leg Involved 21 ______22 House 20010607 Recommitted to Committee 25 HJ 23 Senate 20010607 Amended, read third time, 24 returned to House with amendment 25 Senate 20010530 Read second time, notice of 26 general amendments 27 Senate 20010517 Recalled from Committee, 11 SJ 28 placed on the Calendar 29 Senate 20010306 Introduced, read first time, 11 SJ 30 referred to Committee 31 House 20010302 Read third time, sent to Senate 32 House 20010301 Read second time, unanimous 33 consent for third reading on 34 Friday, 20010302 35 House 20010228 Committee report: Favorable 25 HJ 36 House 20010207 Introduced, read first time, 25 HJ 37 referred to Committee 38 39 40 Versions of This Bill 41 42 43 Revised on 20010228 44 Revised on 20010517 45 Revised on 20010607 46 47 48 TXT: 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AS PASSED BY THE SENATE 5 June 7, 2001 6 7 H. 3492 8 9 Introduced by Reps. White, Barrett, Chellis, Cooper, Emory, 10 Hayes, Keegan, Klauber, Law, Martin, McGee, J.M. Neal, Ott, 11 Rice, Taylor, Thompson, Townsend, Trotter and A. Young 12 13 S. Printed 6/7/01--S. 14 Read the first time March 6, 2001. 15 16 17 18

1 [3492] 1 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE 13 ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO 14 PERSONS CONVICTED OF A FIRST OFFENSE OF 15 OPERATING A VEHICLE WHILE UNDER THE INFLUENCE 16 OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, 17 SO AS TO INCREASE THE FEE AND TO PROVIDE THAT 18 THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE 19 ADDITIONAL REVENUES FOR HIRING AND TRAINING 20 ADDITIONAL MEMBERS OF THE SOUTH CAROLINA 21 HIGHWAY PATROL. 22 Amend Title To Conform 23 24 Be it enacted by the General Assembly of the State of South 25 Carolina: 26 27 SECTION 1. Section 56-1-1320 of the 1976 Code, as last 28 amended by Act 390 of 2000, is further amended to read: 29 30 “Section 56-1-1320. (A) A person with a South Carolina 31 driver’s license, a person who had a South Carolina driver’s 32 license at the time of the offense referenced below, or a person 33 exempted from the licensing requirements by Section 56-1-30, 34 who is or has been convicted of a first offense violation of an 35 ordinance of a municipality, or law of this State, that prohibits a 36 person from operating a vehicle while under the influence of 37 intoxicating liquor, drugs, or narcotics, including Section 38 56-5-2930 and Section 56-5-2933, and whose license is not 39 presently suspended for any other reason, may apply to the motor 40 vehicle division of the department to obtain a provisional driver’s 41 license of a design to be determined by the department to operate a 42 motor vehicle. The person shall enter an Alcohol and Drug Safety

1 [3492] 2 1 Action Program as provided for in Section 56-1-1330, shall furnish 2 proof of responsibility as provided for in Section 56-1-1350, and 3 shall pay to the department a fee of five one hundred dollars for 4 the provisional driver’s license. The provisional driver’s license is 5 not valid for more than six months from the date of issue shown on 6 the license. The determination of whether or not a provisional 7 driver’s license may be issued pursuant to the provisions of this 8 article as well as reviews of cancellations or suspensions under 9 Sections 56-1-370 and 56-1-820 must be made by the director of 10 the department or his designee. 11 (B) Ninety - five dollars of the collected fee must be credited to 12 the General Fund of the State for use of the Department of Public 13 Safety in the hiring and training of additional members of the 14 South Carolina Highway Patrol and Transportation Police.” 15 16 SECTION 2. Section 56-1-170(B)(3) of the 1976 Code, as last 17 amended by Act 115 of 1999, if further amended to read: 18 19 “(3) The fee for each special restricted driver’s license, 20 including a reissue caused by changes in the place and hours of 21 employment, education, or residence, is twenty one hundred 22 dollars, but no additional fee is due because of changes in the place 23 and hours of employment, education, or residence. Of this fee, 24 twenty dollars must be distributed to the general fund and eighty 25 dollars must be placed by the Comptroller General into a special 26 restricted account to be used by the department to defray the 27 expenses of the Division of Motor Vehicles.” 28 29 SECTION 3. Section 56-1-286(K)(1) of the 1976 Code, as 30 amended by Act 390 of 2000, is further amended to read: 31 32 “(1) obtain a temporary alcohol restricted license by filing with 33 the department a form after enrolling in an Alcohol and Drug 34 Safety Action Program. A thirty one hundred dollar fee must be 35 assessed for obtaining a temporary alcohol restricted license. 36 Twenty-five dollars of the fee must be retained by the department 37 for supplying and maintaining all necessary vehicle videotaping 38 equipment. The remaining five seventy - five dollars must be 39 retained by the department for administrative costs associated with 40 the issuance of the temporary alcohol restricted licenses placed by 41 the Comptroller General into a special restricted account to be used 42 by the department to defray the expenses of the Division of Motor 43 Vehicles. The temporary alcohol restricted license allows the

1 [3492] 3 1 person to drive without any restrictive conditions pending the 2 outcome of the administrative hearing provided for in this section 3 or the final decision or disposition of the matter; and” 4 5 SECTION 4. Section 56-1-390 of the 1976 Code, as last 6 amended by Section 104, Part II, Act 100 of 1999, is further 7 amended to read: 8 9 “Section 56-1-390. (1) Whenever the department suspends or 10 revokes the license of a person under its lawful authority, the 11 license remains suspended or revoked and must not be reinstated 12 or renewed nor may another license be issued to that person until 13 he also remits to the department a reinstatement fee of thirty one 14 hundred dollars for each suspension on his driving record that has 15 not been reinstated. The reinstatement fee may be paid to the clerk 16 of court or magistrate at the time of the verdict, guilty plea, or plea 17 of nolo contendere for the offense for which the license is 18 suspended or revoked. If the fee is paid at the time of the verdict, 19 guilty plea, or plea of nolo contendere, the clerk or magistrate shall 20 remit the fee to the department pursuant to the procedures set forth 21 in Section 56-1-365(B). The director or his designee may waive or 22 return the reinstatement fee if it is determined that the suspension 23 or revocation is based upon a lack of notice being given to the 24 department or other similar error. 25 (2) All The fees collected by the department under this 26 provision must be distributed as follows: seventy dollars must be 27 placed by the Comptroller General into a special restricted account 28 to be used by the department to defray the expenses of the Division 29 of Motor Vehicles, twenty - nine dollars placed in the state general 30 fund, except and one dollar of the fees listed in subsection (1) 31 must be credited to the ‘Keep South Carolina Beautiful Fund’ 32 established pursuant to Section 56-3-3950. From the ‘Keep South 33 Carolina Beautiful Fund’, the Department of Transportation shall 34 expend funds necessary to employ, within the Department of 35 Transportation, a person with training in horticulture to administer 36 a program for beautifying the rights-of-way along state highways 37 and roads.” 38 39 SECTION 5. Section 56-1-740(B)(3) of the 1976 Code, as last 40 amended by Act 115 of 1999, is further amended to read: 41 42 “(3) The fee for each special restricted driver’s license, 43 including a reissue caused by changes in the place and hours of

1 [3492] 4 1 employment, education, or residence, is twenty one hundred 2 dollars, but no additional fee is due because of changes in the place 3 and hours of employment, education, or residence. Of this fee, 4 twenty dollars must be distributed to the general fund and eighty 5 dollars must be placed by the Comptroller General into a special 6 restricted account to be used by the department to defray the 7 expenses of the Division of Motor Vehicles.” 8 9 SECTION 6. Section 56-1-745(C)(3) of the 1976 Code, as last 10 amended by Act 421 of 1992, is further amended to read: 11 12 “(3) The fee for each a special restricted driver’s license, 13 including a reissue caused by changes in the place and hours of 14 employment, education, or residence, is twenty one hundred 15 dollars, but no additional fee is due because of changes in the place 16 and hours of employment, education, or residence. Twenty dollars 17 of this fee must be deposited in the state general fund and eighty 18 dollars must be placed by the Comptroller General into a special 19 restricted account to be used by the department to defray the 20 expenses of the Division of Motor Vehicles.” 21 22 SECTION 7. Section 56-1-746(D)(3) of the 1976 Code, as last 23 amended by Act 421 of 1992, is further amended to read: 24 25 “(3) The fee for each a special restricted driver’s license, 26 including a reissue caused by changes in the place and hours of 27 employment, education, or residence, is twenty one hundred 28 dollars, but no additional fee is due because of changes in the place 29 and hours of employment, education, or residence. Twenty dollars 30 of this fee must be deposited in the state general fund and eighty 31 dollars must be placed by the Comptroller General into a special 32 restricted account to be used by the department to defray the 33 expenses of the Division of Motor Vehicles.” 34 35 SECTION 8. Section 56-5-750(G)(3) of the 1976 Code, as last 36 amended by Act 115 of 1999, is further amended to read: 37 38 “(3) The fee for each special restricted driver’s license, 39 including a reissue caused by changes in the place and hours of 40 employment, education, or residence, is twenty one hundred 41 dollars, but no additional fee is due because of changes in the place 42 and hours of employment, education, or residence. Of this fee 43 twenty dollars must be distributed to the general fund and eighty

1 [3492] 5 1 dollars must be placed by the Comptroller General into a special 2 restricted account to be used by the department to defray the 3 expenses of the Division of Motor Vehicles.” 4 5 SECTION 9. A. 1. Section 56-5-2951(D)(1) of the 1976 Code, 6 as last amended by Act 390 of 2000, is further amended to read: 7 8 “(1) obtain a temporary alcohol restricted license by filing with 9 the department a form after enrolling in an Alcohol and Drug 10 Safety Action Program. A thirty- one hundred dollar fee must be 11 assessed for obtaining a temporary alcohol restricted license. 12 Twenty-five dollars of the fee must be retained by the department 13 for supplying and maintaining all necessary vehicle videotaping 14 equipment. The remaining five seventy - five dollars must be 15 retained by the department for administrative costs associated with 16 the issuance of the temporary alcohol restricted licenses placed by 17 the Comptroller General into a special restricted account to be used 18 by the department to defray the expenses of the Division of Motor 19 Vehicles. The temporary alcohol restricted license allows the 20 person to drive without any restrictive conditions pending the 21 outcome of the administrative hearing provided for in subsection 22 (H) or the final decision or disposition of the matter. If the 23 suspension is upheld at the administrative hearing, the temporary 24 alcohol restricted license shall remain in effect until the 25 department issues the hearing officer’s decision and sends notice 26 to the person that he is eligible to receive a special restricted 27 license pursuant to subsection (J); and” 28 29 B. Section 56-5-2951(J)(3) of the 1976 Code, as added by Act 434 30 of 1998, is amended to read: 31 32 “(3) The fee for each a special restricted driver’s license, 33 including a reissue caused by changes in the place and hours of 34 employment, education, or residence is twenty one hundred 35 dollars, but no additional fee is due because of changes in the place 36 and hours of employment, education, or residence. Twenty dollars 37 of this fee must be deposited in the state general fund and eighty 38 dollars must be placed by the Comptroller General into a special 39 restricted account to be used by the department to defray the 40 expenses of the Division of Motor Vehicles.” 41 42 SECTION 10. Section 56-9-430(B)(3) of the 1976 Code, as last 43 amended by Act 115 of 1999, is further amended to read:

1 [3492] 6 1 “(3) The fee for each special restricted driver’s license, 2 including a reissue caused by changes in the place and hours of 3 employment, education, or residence, is twenty one hundred 4 dollars, but no additional fee is due because of changes in the place 5 and hours of employment, education, or residence. Of this fee 6 twenty dollars must be distributed to the general fund and eighty 7 dollars must be placed by the Comptroller General into a special 8 restricted account to be used by the department to defray the 9 expenses of the Division of Motor Vehicles.” 10 11 SECTION 11. Section 56-10-260(B)(3) of the 1976 Code, as last 12 amended by Act 115 of 1999, is further amended to read:” 13 14 “(3) The fee for each special restricted driver’s license, 15 including a reissue caused by changes in the place and hours of 16 employment, education, or residence, is twenty one hundred 17 dollars, but no additional fee is due because of changes in the place 18 and hours of employment, education, or residence. Of this fee, 19 twenty dollars must be distributed to the general fund and eighty 20 dollars must be placed by the Comptroller General into a special 21 restricted account to be used by the department to defray the 22 expenses of the Division of Motor Vehicles.” 23 24 SECTION 12. Section 56-10-270(c)(3) of the 1976 Code, as last 25 amended by Act 115 of 1999, is further amended to read: 26 27 “(3) The fee for each special restricted driver’s license, 28 including a reissue caused by changes in the place and hours of 29 employment, education, or residence, is twenty one hundred 30 dollars, but no additional fee is due because of changes in the place 31 and hours of employment, education, or residence. Of this fee, 32 twenty dollars must be distributed to the general fund and eighty 33 dollars must be placed by the Comptroller General into a special 34 restricted account to be used by the department to defray the 35 expenses of the Division of Motor Vehicles.” 36 37 SECTION 13. Article 1, Chapter 1, Title 56 of the 1976 Code is 38 amended by adding: 39 40 “Section 56-1-555. Revenues of fees imposed in this title 41 required to be placed by the Comptroller General into a special 42 restricted account for use by the Department of Public Safety in 43 the hiring, training, and equipping members of the South Carolina

1 [3492] 7 1 Highway Patrol or for use by that department to defray the 2 expenses of its Division of Motor Vehicles may not be used on any 3 method of enforcement of the motor vehicle safety belt law by 4 employing the driver’s license check or registration check 5 exception to primary enforcement allowed pursuant to Section 6 56-5-6540(B) if such checkpoints are established as part of the 7 “Clickit or Ticket” campaign for the enforcement of the motor 8 vehicle safety belt law or any other program by whatever name for 9 the systematic enforcement of these laws.” 10 11 SECTION 14. Section 56-5-6410 of the 1976 Code is further 12 amended to read: 13 14 “Section 56-5-6410. Every driver of a motor vehicle (passenger 15 car, pickup truck, van, or recreational vehicle) registered in this 16 State or primarily operated on the highways and streets of this 17 State when transporting a child under six five years of age or 18 younger upon the public streets and highways of the State shall 19 must provide an appropriate child passenger restraint system and 20 shall must secure the child as follows: 21 (1) Any A child three years of age or less from birth up to one 22 year of age or who weighs less than twenty pounds must be 23 properly secured in a rear-facing child restraint system safety seat 24 which meets the standards prescribed by the National Highway 25 Traffic Safety Administration. 26 (2) Any A child four or five years of age who is at least one 27 year of age but less than six years of age and who weighs at least 28 twenty pounds but less than forty pounds must be secured by a in a 29 forward-facing child safety belt seat provided in the motor vehicle 30 unless properly secured in a child restraint system which meets the 31 standards prescribed by the National Highway Traffic Safety 32 Administration. 33 (3) A child who is at least one year of age but less than six 34 years of age and who weighs at least forty pounds but not more 35 than eighty pounds must be secured by a belt-positioning booster 36 seat. The belt-positioning booster seat must be used with both lap 37 and shoulder belts. A booster seat must not be used with a lap belt 38 alone. 39 (4) If a child is at least one year of age but less than six years 40 of age and weighs more than eighty pounds, the child may be 41 restrained in an adult safety belt. If a child less than six years of 42 age can sit with his back straight against the vehicle seat back 43 cushion, with his knees bent over the vehicle’s seat edge without

1 [3492] 8 1 slouching, the child may be seated in the regular back seat and 2 secured by an adult safety belt. 3 (5) A child who is less than six years of age must not occupy a 4 front passenger seat of a motor vehicle. This restriction does not 5 apply if the motor vehicle does not have rear passenger seats or if 6 all rear passenger seats are occupied by other children less than six 7 years of age. 8 Any child restraint system of a type sufficient to meet the 9 physical standards prescribed by the National Highway Traffic 10 Safety Administration at the time of its manufacture is sufficient to 11 meet the requirements of this article.” 12 13 SECTION 15. The 1976 Code is amended by adding: 14 15 “Section 56-5-70. Notwithstanding any provision of this 16 chapter or any other provision of law, during a state of emergency 17 declared by the Governor and for thirty days thereafter, 18 requirements relating to registration, permitting, length, width, 19 weight, load, and time of service are suspended for commercial 20 and utility vehicles that do not exceed a gross weight of nine 21 thousand pounds and a width of twelve feet responding to the state 22 of emergency. All vehicles operated upon the public highways of 23 this State under the authority of this section must: 24 (1) be operated in a safe manner; 25 (2) maintain required limits of insurance; 26 (3) be clearly identified as a utility vehicle or provide 27 appropriate documentation indicating it is a commercial vehicle 28 responding to the emergency.” 29 30 SECTION 16. A. Section 56-5-6410 of the 1976 Code, as last 31 amended by Act 115 of 1999, is further amended to read: 32 33 “Section 56-5-6410. Every driver of a motor vehicle (passenger 34 car, pickup truck, van, or recreational vehicle) registered in this 35 State or primarily operated on the highways and streets of this 36 State when transporting a child under six years of age upon the 37 public streets and highways of the State shall must provide an 38 appropriate child passenger restraint system and shall must secure 39 the child as follows: 40 (1) Any A child three years of age or less from birth to twenty 41 pounds and one year of age must be properly secured in a rear 42 facing child restraint system safety seat which meets the standards 43 prescribed by the National Highway Traffic Safety Administration.

1 [3492] 9 1 (2) Any A child four or five years of age who is between 2 twenty pounds and one year of age to forty pounds and age four 3 must be secured by a in a forward facing child safety belt seat 4 provided in the motor vehicle unless properly secured in a child 5 restraint system which meets the standards prescribed by the 6 National Highway Traffic Safety Administration. 7 (3) A child up to the age of six years who is between forty and 8 eighty pounds must be secured by a belt - positioning booster seat. 9 The belt - positioning booster seat must be used with both lap and 10 shoulder belts. A booster seat must not be used with a lap belt 11 alone. 12 (4) If a child up to the age of six years is over eighty pounds, 13 the child may be restrained in an adult seat belt. If a child under 14 the age of six years can sit with his back straight against the 15 vehicle seat back cushion, with his knees bent over the vehicle’s 16 seat edge without slouching, the child may be moved out of the 17 booster seat into the regular back seat and secured by the adult seat 18 belt. 19 Any child restraint system of a type sufficient to meet the 20 physical standards prescribed by the National Highway Traffic 21 Safety Administration at the time of its manufacture is sufficient to 22 meet the requirements of this article.” 23 24 B. Section 56-1-50 of the 1976 Code, as last amended by Act 25 258 of 1998, is further amended to read: 26 27 “Section 56-1-50. (A) A person who is at least fifteen years of 28 age may apply to the department for a beginner’s permit. After the 29 applicant has passed successfully all parts of the examination other 30 than the driving test, the department may issue to the applicant a 31 beginner’s permit which entitles the applicant having the permit in 32 his immediate possession to drive a motor vehicle under the 33 conditions contained in this section on the public highways for not 34 more than twelve months. 35 (B) The permit is valid only in the operation of: 36 (1) vehicles during the daylight hours after six o’clock a.m. 37 and not later than midnight. Except as provided in subsection (E), 38 while driving, the permittee must be accompanied by a licensed 39 driver twenty - one years of age or older who has had at least one 40 year of driving experience. A permittee may not drive between 41 midnight and six o’clock a.m. unless accompanied by the 42 permittee’s licensed parent or guardian;

1 [3492] 10 1 (2) motorcycles, motor scooter scooters, or light 2 motor-driven cycle cycles of five-brake horsepower or less during 3 daylight hours after six o’clock a.m. and not later than six o’clock 4 p.m. However, beginning on the day that daylight saving time 5 goes into effect through the day that daylight saving time ends, the 6 permittee may operate motor scooters or light motor - driven cycles 7 after six o’clock a.m. and not later than eight o’clock p.m. A 8 permittee may not operate a motorcycle, motor scooter, or light 9 motor - driven cycle at any other time unless supervised by the 10 permittee’s motorcycle licensed parent or guardian. 11 (C) Except as provided in subsection (E), while driving, as 12 provided in subsection (B)(1), the permittee must be accompanied 13 by a licensed driver twenty-one years of age or older who has had 14 at least one year of driving experience, and who is occupying The 15 accompanying driver must occupy a seat beside the driver 16 permittee, except when the permittee is operating a motorcycle. A 17 three-wheel vehicle requires the accompanying driver to be 18 directly behind the driver permittee on a saddle-type seat or beside 19 the driver permittee on a bench-type seat. 20 (D) A beginner’s permit may be renewed or a new permit 21 issued for additional periods of twelve months, but the department 22 may refuse to renew or issue a new permit where the examining 23 officer has reason to believe the applicant has not made a bona fide 24 effort to pass the required driver’s road test or does not appear to 25 the examining officer to have the aptitude to pass the road test. The 26 fee for every beginner’s or renewal permit is two dollars and fifty 27 cents, and the permit must bear the full name, date of birth, and 28 residence address and a brief description and color photograph of 29 the permittee and a facsimile of the signature of the permittee or a 30 space upon which the permittee shall write his usual signature with 31 pen and ink immediately upon receipt of the permit. A permit is 32 not valid until it has been signed by the permittee. 33 (E) The following persons are not required to obtain a 34 beginner’s permit to operate a motor vehicle: 35 (1) a student regularly enrolled in a high school of this State 36 which conducts a driver’s training course while the student is 37 participating in the course and when accompanied by a qualified 38 instructor of the course; and 39 (2) a person fifteen years of age or older enrolled in a driver 40 training course conducted by a driver training school licensed 41 under Chapter 23 of this title. However, this person at all times 42 must be accompanied by an instructor of the school and may drive 43 only an automobile owned or leased by the school which is

1 [3492] 11 1 covered by liability insurance in an amount not less than the 2 minimum required by law. 3 (F) A person who has never held a form of license evidencing 4 previous driving experience first must be issued a beginner’s 5 permit and must hold the permit for at least ninety one hundred 6 twenty days before being eligible for full licensure. 7 (G) Daylight hours, as used in this section, means after the hour 8 of six o’clock a.m. and no later than six o’clock p.m. However, 9 beginning on the day that daylight saving time goes into effect 10 through the day that daylight saving time ends, the holder of the 11 permit may operate a vehicle after six o’clock a.m. and no later 12 than eight o’clock p.m.” 13 14 C. Section 56-1-175 of the 1976 Code, as added by Act 258 of 15 1998, is amended to read: 16 17 “Section 56-1-175. (A) The department may issue a provisional 18 conditional driver’s license to a person who is at least fifteen years 19 of age and less than sixteen years of age, who has: 20 (1) held a beginner’s permit for at least ninety one hundred 21 eighty days; 22 (2) passed a driver’s education course as defined in 23 subsection (D)(E); 24 (3) completed at least forty hours of driving practice, 25 including at least ten hours of driving practice during darkness, 26 supervised by the person’s licensed parent or guardian; 27 (4) passed successfully the road tests or other requirements 28 the department may prescribe; and 29 (4)(5) satisfied the school attendance requirement contained 30 in Section 56-1-176. 31 (B) A provisional conditional driver’s license is valid only in the 32 operation of: 33 (1) vehicles during daylight hours. The holder of a 34 provisional conditional license must be accompanied by a licensed 35 adult twenty-one years of age or older after six o’clock p.m., or 36 eight o’clock p.m. during daylight saving time. A provisional 37 conditional driver’s license holder may not drive between midnight 38 and six o’clock a.m., unless accompanied by the holder’s licensed 39 parent or guardian; 40 (2) a motor scooter or light motor-driven cycle of five-brake 41 horsepower or less, during daylight hours.

1 [3492] 12 1 (C) The maximum number of passengers a conditional driver’s 2 license holder may transport in a vehicle must not exceed the 3 number of seat belts for which the vehicle is equipped. 4 (D) Daylight hours, as used in this section, means after the hour 5 of six o’clock a.m. and no later than six o’clock p.m. However, 6 beginning on the day that daylight saving time goes into effect 7 through the day that daylight saving time ends, the holder of the 8 provisional conditional license may operate a vehicle after six 9 o’clock a.m. and no later than eight o’clock p.m. For purposes of 10 this section, all other hours are designated as nighttime hours. 11 (D)(E) A driver training course, as used in this section, means a 12 driver’s training course administered by a driver’s training school 13 or a private, parochial, or public high school conducted by a 14 person holding a valid driver’s instructor permit contained in 15 Section 56-23-85. 16 (E)(F) For purposes of issuing a provisional conditional driver’s 17 license pursuant to this section, the department must accept a 18 certificate of completion for a student who attends or is attending 19 an out-of-state high school and passed a qualified driver’s training 20 course or program that is equivalent to an approved course or 21 program in this State. The department must establish procedures 22 for approving qualified driver’s training courses or programs for 23 out-of-state students.” 24 25 D. Section 56-1-176 of the 1976 Code, as added by Act 258 of 26 1998, is amended to read: 27 28 “Section 56-1-176. (A) School attendance is a condition for the 29 issuance of a provisional conditional driver’s license and a special 30 restricted driver’s license. The department may not issue a 31 provisional conditional driver’s license or a special restricted 32 driver’s license to a person pursuant to Section 56-1-175 or 33 Section 56 - 1 - 180 unless the person: 34 (1) has a high school diploma or certificate, or a General 35 Education Development Certificate; or 36 (2) is enrolled in a public or private school which has been 37 approved by the State Board of Education or a member school of 38 the South Carolina Independent School’s Association or a similar 39 organization, or a parochial, denominational, or church-related 40 school, or other programs which are accepted by the State Board of 41 Education or is home schooled under the provisions contained in 42 Sections 59 - 65 - 40, 59 - 65 - 45, or 59 - 65 - 47, and:

1 [3492] 13 1 (a) the person has conformed to the attendance laws, 2 regulations, and policies of the school, school district, and the 3 State Board of Education, as applicable; and 4 (b) the person is not suspended or expelled from school. 5 (B) Documentation of enrollment status must be presented to 6 the department by the applicant on a form approved by the 7 department. The documentation must indicate whether the student 8 is in compliance with the requirements as provided in item (2).” 9 10 E. Section 56-1-180 of the 1976 Code, as last amended by Act 11 258 of 1998, is amended to read: 12 13 “Section 56-1-180. (A) The department may issue a special 14 restricted driver’s license to a person who is at least sixteen years 15 of age and less than seventeen years of age, who first has: held a 16 beginner’s permit for ninety days and who has successfully passed 17 the road tests or other requirements the department in its discretion 18 may prescribe 19 (1) held a beginner’s permit for at least one hundred twenty 20 days; 21 (2) passed a driver’s education course as defined in 22 subsection (F); 23 (3) completed at least forty hours of driving practice, 24 including at least ten hours of driving practice during darkness, 25 supervised by the person’s licensed parent or guardian; 26 (4) passed successfully the road test or other requirements 27 the department may prescribe; and 28 (5) satisfied the school attendance requirement contained in 29 Section 56 - 1 - 176. 30 (B) The special restricted driver’s license is valid only in the 31 operation of: 32 (1) vehicles during daylight hours. During nighttime hours, 33 the holder of a special restricted driver’s license must be 34 accompanied by a licensed adult, twenty-one years of age or older. 35 The holder of a special restricted driver’s license may not drive 36 between midnight and six o’clock a.m., unless accompanied by the 37 holder’s licensed parent or guardian. The restrictions in this section 38 may be modified or waived by the department if the restricted 39 licensee proves to the department’s satisfaction that the restriction 40 interferes or substantially interferes with: 41 (a) employment or the opportunity for employment; 42 (b) travel between the licensee’s home and place of 43 employment or school; or

1 [3492] 14 1 (c) travel between the licensee’s home or place of 2 employment and vocational training; 3 (2) a motor scooter or light motor-driven cycle of five-brake 4 horsepower or less during daylight hours. 5 (C) The waiver or modification of restrictions provided for in 6 item (1) must include a statement of the purpose of the waiver or 7 modification executed by the parents or legal guardian of the 8 holder of the restricted license and documents executed by the 9 driver’s employment or school official, as is appropriate, 10 evidencing the holder’s need for the waiver or modification. 11 (D) A special restricted license holder may not transport more 12 than two passengers who are under twenty - one years of age unless 13 accompanied by a licensed adult twenty - one years of age or older. 14 This restriction does not apply when the special restricted license 15 holder is transporting family members, or students to or from 16 school. 17 (E) Daylight hours, as used in this section, means after the hour 18 of six o’clock a.m. and no later than six o’clock p.m. However, 19 beginning on the day that daylight saving time goes into effect 20 through the day that daylight saving time ends, the holder of the 21 special restricted license may operate a vehicle after six o’clock 22 a.m. and no later than eight o’clock p.m. For purposes of this 23 section, all other hours are designated as nighttime hours. 24 (F) A driver training course, as used in this section, means a 25 driver’s training course administered by a driver’s training school 26 or a private, parochial, or public high school conducted by a 27 person holding a valid driver’s instruction permit contained in 28 Section 56 - 23 - 85. 29 (G) For purposes of issuing a special restricted driver’s license 30 pursuant to this section, the department must accept a certificate of 31 completion for a student who attends or is attending an out - of - state 32 high school and passed a qualified driver’s training course or 33 program that is equivalent to an approved course or program in 34 this State. The department must establish procedures for 35 approving qualified driver’s training courses or programs for 36 out - of - state students.” 37 38 F. Section 56-1-185 of the 1976 Code, as last amended by Act 39 258 of 1998, is further amended to read: 40 41 “Section 56-1-185. (A) A person while operating a motor 42 vehicle under a conditional or a special restricted driver’s license 43 who is convicted of a point-assessable traffic offense or involved

1 [3492] 15 1 in an accident in which he was at fault shall have the removal of 2 the restrictions postponed for six twelve months and is not eligible 3 to be issued a regular driver’s license until one year from the date 4 of the last traffic offense or accident in which he was at fault or 5 until he is seventeen years of age during which period the licensee 6 must be free of any traffic convictions. 7 (B) A person while operating a motor vehicle under a 8 beginner’s permit or a provisional conditional or a special 9 restricted driver’s license who is convicted of one or more 10 point-assessable traffic offenses totaling six or more points, as 11 determined by the values contained in Section 56-1-720, shall have 12 his license suspended by the department for six months. This 13 suspension shall not preclude other penalties otherwise provided 14 for the same violations.” 15 16 G. Section 56-1-40(1) of the 1976 Code, as last amended by Act 17 258 of 1998, is further amended to read: 18 19 “(1) who is under seventeen years of age, except that the 20 department may issue a license to a sixteen-year-old who is 21 licensed to drive pursuant to Section 56-1-175 after one year from 22 the date of the issuance of the provisional conditional license, if 23 the driver has not been convicted of a point-assessable traffic 24 offense posted to his driver’s record or has not been involved in an 25 accident in which he was at fault during that period. However, the 26 department may issue a beginner’s permit as provided in Section 27 56-1-50 to a person who is at least fifteen years of age and meets 28 the requirements of that section. The department also may issue a 29 special restricted driver’ license to a person who is at least sixteen 30 years of age and less than seventeen years of age as provided in 31 Section 56-1-180 and meets the requirements of that section;” 32 33 H. Section 56-1-130(C) of the 1976 Code, as last amended by Act 34 375 of 2000, is further amended to read: 35 36 “(C) A basic driver’s license authorizes the licensee to operate 37 motor vehicles, automotive three-wheel vehicles, or combinations 38 of vehicles which do not exceed twenty-six thousand pounds gross 39 vehicle weight; provided, that the driver has successfully 40 demonstrated the ability to exercise ordinary and reasonable 41 control in the operation of a motor vehicle in this category. A basic 42 driver’s license also authorizes the licensee to operate farm trucks 43 provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which

1 [3492] 16 1 are used exclusively by the owner for agricultural, horticultural, 2 and dairying operations or livestock and poultry raising. 3 Notwithstanding any other provision of law, the holder of a 4 provisional conditional license, or special restricted license 5 operating a farm truck for the purposes provided in this subsection, 6 may operate the farm truck without an accompanying adult after 7 six o’clock a.m. and no later than nine o’clock p.m., but may not 8 operate a farm truck on a freeway. A person operating a farm truck 9 while holding a provisional conditional driver’s license or a special 10 restricted license may not use the farm truck for ordinary domestic 11 purposes or general transportation. 12 A classified driver’s license shall authorize the licensee to 13 operate a motorcycle or those vehicles in excess of twenty-six 14 thousand pounds gross vehicle weight which are indicated by 15 endorsement on the license. The endorsement may include 16 classifications such as: motorcycle, motorcycle three-wheel 17 vehicle, two-axle truck, three or more axle truck, combination of 18 vehicles, motor-busses, or oversize or overweight vehicles. The 19 department shall determine from the driving demonstration the 20 endorsements to be indicated on the license.” 21 22 I. This section takes effect upon approval by the Governor and 23 applies to persons who obtain a beginner’s permit after the 24 effective date of this section. 25 26 SECTION 17. Section 56-10-553 of the 1976 Code, as added by 27 Act 154 of 1997, is amended to read: 28 29 “Section 56-10-553. (A) The Department of Public Safety 30 must collect data and maintain statistics on the total number of 31 vehicles registered in the State as of June thirtieth of each year, the 32 number of motorists who voluntarily paid the five hundred and 33 fifty dollar fee at the time of registration during the fiscal year, the 34 number of motorists who paid the penalty fee after being detected 35 by the Department of Public Safety as being uninsured during the 36 fiscal year, the number of certificates of insurance filed during the 37 fiscal year, the net revenue collections for these fees by the fiscal 38 year, the net funds available in the Uninsured Motorist Fund, and 39 the net funds received from the Department of Insurance from the 40 uninsured motorist fee during the fiscal year. 41 (B) The Department of Public Safety must implement programs 42 designed to ensure full compliance with the financial responsibility 43 laws. These programs must include random sampling of licensed

1 [3492] 17 1 drivers with moving violations requesting proof of insurance. 2 Other programs may be added. 3 (C) The Department of Public Safety must on a daily basis 4 select a computerized random sample of five hundred of the 5 registered vehicles in the State and mail to each owner a written 6 request form to be completed by him and his insurance company 7 or the agent issuing the policy to verify liability insurance 8 coverage. The form must be in a manner prescribed by regulation 9 of the department. The completed and verified form must be 10 returned by the owner to the department within fifteen days from 11 the date he receives it. Failure to return the form verified in the 12 proper manner is prima facie evidence that the vehicle is 13 uninsured, and vehicles determined to be uninsured under this 14 section are subject to the provisions of state law dealing with 15 uninsured vehicles. 16 (D) The Department of Public Safety must provide an annual 17 report to the General Assembly containing the information 18 required in subsections (A) and (B) of this section.” 19 20 SECTION 18 .A. Chapter 5, Title 56 of the 1976 Code is 21 amended by adding: 22 23 “Section 56-5-7000. (A) Agencies which employ law 24 enforcement officers to enforce the traffic laws of this State, 25 including, but not limited to, the Department of Public Safety, 26 sheriff’s departments, and municipal police departments, must 27 collect and maintain the following information regarding vehicle 28 traffic enforcement: 29 (1) the number of drivers stopped for vehicle traffic 30 enforcement where a warning or citation was issued; 31 (2) identifying characteristics of each driver stopped, 32 including the race or ethnicity, age, and gender; 33 (3) the alleged traffic violation that led to the stop; 34 (4) whether the vehicle, personal effects, driver, or any 35 passengers were searched; 36 (5) the basis for the search; and 37 (6) the race or ethnicity of the officer. 38 (B) Except when warnings or citations are issued or searches, 39 seizures, or arrests take place, the information required by 40 subsection (A) is not required to be collected in connection with 41 driving under the influence checkpoints or other types of 42 roadblocks, vehicle checks, or checkpoints that comply with the

1 [3492] 18 1 laws of this State and with the State and United States 2 Constitutions. 3 (C) The Department of Public Safety must annually report to 4 the General Assembly the number of licensed drivers in each 5 county as of December thirty-first of the previous year. The 6 number of licensed drivers must be categorized by age, gender, 7 and race or ethnicity. 8 (D) The information required to be collected by subsections (A) 9 and (C) must be reported to the Speaker of the House of 10 Representatives and the President Pro Tempore of the Senate by 11 the first day of the legislative session for distribution to the 12 General Assembly. 13 (E) Agencies which employ law enforcement officers to 14 enforce the traffic laws of this State, including, but not limited to, 15 the Department of Public Safety, sheriff’s departments, and 16 municipal police departments, must compile, annually publish, and 17 make available to the public in a report, the following information 18 regarding formal complaints by members of the public against 19 officers of the agency: 20 (1) the number of complaints received by type and location 21 of incident by county; 22 (2) the gender, age, and race of the complainant, when 23 known, and the gender, age, and race of any officer involved in the 24 complaint; 25 (3) the disposition for each complaint including, but not 26 limited to, the following: 27 (a) exonerated. The alleged incident did occur, but the 28 actions of the officer were justified, lawful, and proper; 29 (b) sustained. The investigation disclosed sufficient 30 evidence to prove the allegation; 31 (c) not sustained. The investigation failed to disclose 32 sufficient evidence to clearly prove or disprove the allegation; 33 (d) unfounded. The alleged incident did not occur or there 34 is insufficient information to conduct a meaningful investigation; 35 and 36 (4) the total number of disciplinary actions, including, but 37 not limited to, letters of reprimand, suspensions with or without 38 pay, and dismissals, stemming from each type of sustained 39 complaint. 40 (F) As used in subsection (E), ‘complaint’ means a signed 41 report regarding vehicle traffic enforcement received by an agency 42 regarding the conduct of an officer or of an incident, pattern, or 43 practice of conduct that deprives a person of a right, privilege, or

1 [3492] 19 1 immunity secured or protected by the State or the United States 2 Constitutions or any law of the State. 3 (G) The annual report required by subsection (E) must respect 4 privacy concerns and must not include the name, badge number, or 5 other identifying information regarding officers, complainants, or 6 other participants in a complaint, other than the information 7 required by this section. 8 (H) Nothing in this section, in and of itself, may be construed to 9 create a private cause of action. 10 (I) Nothing in this section prohibits the introduction, in any 11 court of competent jurisdiction, of data obtained pursuant to the 12 requirements of this section.” 13 14 B. Section 56-5-7000 is repealed July 1, 2006. 15 16 C. Subsections A and B take effect on July 1, 2002. 17 18 SECTION 19. Except as otherwise specified, this act takes effect 19 July 1, 2001. 20 ----XX----

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