House Amendment 1
S 549 - Session 125 (2023-2024)
Auto Dealers

The Committee on Education and Public Works proposes the following amendment (LC-549.CM0012H):

Amend the bill, as and if amended, SECTION 3, by striking Section 56-10-240(A) and inserting:

(A) 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 plate and registration certificate issued for the motor vehicle.

Amend the bill further, SECTION 5, by striking Section 56-10-520(3)(a) and inserting:

  (a)  for a first offense, must be fined no not less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days;

Amend the bill further, SECTION 5, Section 56-10-530, by striking the MACROBUTTON NoMacro <> undesignated paragraph and inserting:

 When it appears to the director Department of Motor Vehicles from the its records of his office that an uninsured motor vehicle as defined in Section 56-9-20, subject to registration in the State, is involved in a reportable accident in the State resulting in death, injury, or property damage with respect to which motor vehicle the owner thereof has not paid the uninsured motor vehicle fee as prescribed in Section 56-10-510, the director department shall, in addition to enforcing the applicable provisions of Section 56-10-10, et seq. of this chapter, suspend such owner's driver's license and all of his license plates and registration certificates until such person has complied with those provisions of law and has paid to the director of the Department of Motor Vehicles a department a reinstatement fee as provided by Section 56-10-510520, to be disposed of as provided by Section 56-10-550, with respect to the motor vehicle involved in the accident and furnishes proof of future financial responsibility in the manner prescribed in Section 56-9-350, et seq. However, no order of suspension required by this section must become effective until the director department has offered the person an opportunity for a contested case hearing before the Office of Motor Vehicle Hearings to show cause why the order should not be enforced. Notice of the opportunity for a contested case hearing must be included in the order of suspension. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the effective date of the suspension herein required, the director may relieve such person of the requirement of furnishing proof of future financial responsibility. The presentation by a person subject to the provisions of this section of a certificate of insurance, executed by an agent or representative of an insurance company qualified to do business in this State, showing that on the date and at the time of the accident the vehicle was an insured motor vehicle as herein defined or, presentation by such person of evidence that the additional fee applicable to the registration of an uninsured motor vehicle had been paid to the department before the date and time of the accident, is sufficient bar to the suspension provided for in this section.

Amend the bill further, SECTION 5, Section 56-10-551, by striking the MACROBUTTON NoMacro <> undesignated paragraph and inserting:

 When any insurance policy certified under this chapter is canceled or terminated, the insurer shall report the fact to the director Department of Motor Vehicles within fifteen days after the cancellation electronically or on a form prescribed by the director department.

Amend the bill further, SECTION 8, by striking Section 56-3-210(I)(2) and inserting:

 (2) an additional five dollars which must be disbursed  to the South Carolina Transportation Infrastructure Bank's state highway account pursuant to Section 56-3-910.

Amend the bill further, SECTION 15, by striking Section 56-14-30(B)(1)(b) and inserting:

  (b) Section 56-37-30(C) must be cured by the dealer within forty-five days of being notified of the complaint; or 

Amend the bill further, SECTION 24, by striking Section 56-16-140(A)(1) and inserting:

(1) Before engaging in business as a motorcycle dealer or motorcycle wholesaler in this State, every person must first make applicationapply to the Department of Motor Vehicles for a license. Every license issued expires twelve thirty-six months from the date of issue and must be prominently displayed at the established place of business. The fee for the license is fifty one hundred fifty dollars. The license applies to only one place of business of the applicant and is not transferable to any other person or place of business, except as provided in item (2).

Amend the bill further, SECTION 24, by striking Section 56-16-140(B)(1)(b) and inserting:

  (b) Section 56-37-30(C) must be cured by the dealer within forty-five days of being notified of the complaint; or 

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 56-23-60 of the S.C. Code is amended to read:

 Section 56-23-60.The Department of Motor Vehicles may establish minimum standards for the operation of driver training schools authorized to be licensed under the provisions of this chapter and prescribe conditions of operation of the schools. The minimum standards must include, but are not limited to, a requirement that driver training schools have or have access to sufficient facilities and equipment to conduct an eight-hour  defensive drivingdriver training course for a minimum of ten students. All activities and operations of licensed driver training schools are at all times subject to inspection or examination by authorized representatives of the department. In addition, records of these activities and operations must be made available at the permanent location in this State for review by the department upon its request.

SECTION X. Chapter 23, Title 56 of the S.C. Code is amended by adding:

 Section 56-23-105. For purposes of this chapter, "classroom training" means either in-person, virtual, or remote online training. The online classroom training must utilize a student username and password, measure the amount of time that the student spends in the course, provide technical support to students that is available 24 hours per day, seven days per week, utilize personal validation questions which appear periodically throughout the entire course, have measures in place that prevent a student from completing more than four hours of instruction in a calendar day, and provide a final examination at the completion of the program. A passing score or 80% or higher is required. Students may take up to three attempts to pass the on-line test to successfully complete the course.

SECTION X. Section 56-1-20 of the S.C. Code is amended to read:

 Section 56-1-20.No person, except those expressly exempted in this article shall drive any motor vehicle upon a highway in this State unless such person has a valid motor vehicle driver's license issued to him under the provisions of this article. No person shall receive a motor vehicle driver's license unless and until he surrenders to the Department of Motor Vehicles all valid operator's licenses in his possession issued to him by any other state  within forty-five days of becoming a resident of this State, unless specifically exempted by law. All surrendered licenses shall be returned by the Department to the issuing department, agency or political subdivision. No person shall be permitted to have more than one valid motor vehicle driver's license or operator's license at any time.

Any person holding a currently valid motor vehicle driver's license issued under this article may exercise the privilege thereby granted upon all streets and highways in the State and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board or body having authority to adopt local police regulations; provided, however, that this provision shall not serve to prevent a county, municipal or local board from requiring persons to obtain additional licenses to operate taxis, buses, or other public conveyances. 

SECTION X. Section 56-1-220 of the S.C. Code is amended to read:

 Section 56-1-220. (A) TheUnless otherwise exempted, the department shall require vision screening for all persons obtaining an initial license and upon license renewal. The vision screening must be offered by the department, however, a person's screening must be waived upon the submission of a certificate of vision examination dated within the previous twelve thirty-six months from an ophthalmologist or optometrist licensed in any state.

 (B) Active-duty members of the Armed Services are exempt from the requirements of this section, provided they provide the department with a Leave and Earning Statement dated within thirty-one days of applying for or renewing their driver's license and a non-expired military identification card.

 (C) The renewal license forms distributed by the department must be designed to contain a certification that the vision of the person screened meets the minimum standards required by the department or have been corrected to meet these requirements. The certification must be executed by the person conducting the screening. A Certificate of Vision Examination form must be executed by the certifying ophthalmologist or optometrist and must be transmitted to the department electronically pursuant to its electronic specifications. The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye. Persons using bioptic lenses must adhere to the provisions contained in Section 56-1-222.

 (C)(D) A person whose vision is corrected to meet the minimum standards shall have the correction noted on his driver's license by the department.

 (D)(E) It is unlawful for a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of the correction.

 (E)(F) Unless otherwise provided in this section, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

SECTION X. Section 56-23-40 of the S.C. Code is amended to read:

 Section 56-23-40.The  annual license fee for each driver training school licensed under the provisions of this chapter is fiftytwo hundred dollars. Prior to operation, each licensed driver training school also must obtain a corporate surety bond in the amount of ten thousand dollars. The bond must be given to the department and executed by the applicant as principal, and by a corporate surety company authorized to do business in this State as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by a person having retained services of a driver training school. Licenses issued pursuant to this section expire on the last day of the month, forty-eight months after the license is issuedJune thirtieth of the license year of issue. The proceeds from the sale of driver training school licenses must be placed in the state general fund for the administration and enforcement of this chapter and title.

Amend the bill further, SECTION 40, by striking subsection (A) and inserting:

SECTION 40. (A) SECTION 1 and Section 56-1-220 take effect twelve months after the approval by the Governor.

Amend the bill further, SECTION 40, by striking the subsections (D), (E), (F) and (G) undesignated paragraph and inserting:

(D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS15 through 28. 

(E) SECTION 29 takes effect on the first day of the fiscal year following twelve months after approval by the Governor. 

(F) The remaining SECTIONS of this act, and Sections 56-3-214(A), 56-3-214 (B)(1), 56-3-214 (B)(2), 56-3-214 (B)(3), 56-3-214 (G), 56-1-20, 56-23-40, 56-23-60, and 56-23-105 take effect upon approval by the Governor.