Current Status Introducing Body:Senate Bill Number:1214 Primary Sponsor:Bryan Committee Number:15 Type of Legislation:GB Subject:Drivers license suspension, special restricted Residing Body:Senate Current Committee:Transportation Companion Bill Number:4224 Computer Document Number:DKA/3581.AL Introduced Date:Jan 22, 1992 Last History Body:Senate Last History Date:Jan 22, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Mullinax O'Dell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1214 Senate Jan 22, 1992 Introduced, read first time, 15
referred to Committee
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TO AMEND SECTION 56-1-746, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF OFFENSE RELATING TO POSSESSION, SALES, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED DRIVER'S LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-746 of the 1976 Code is amended to read:
"Section 56-1-746. (A) The department shall suspend the driver's license of any a person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(4) 56-1-510(3), 56-1-510(5), 56-1-510(6), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period of ninety days;
(2) for a conviction for a second or subsequent offense, for a period of six months.
(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460, any a person convicted under this section shall must be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall must not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.
(D) (1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(5) If the holder of the special restricted driver's license issued pursuant to this section is convicted of a motor vehicle violation that mandates suspension of a driver's license, the special restricted driver's license is revoked and the remaining time for suspension for violation of the provisions of this section is imposed in addition to the suspension imposed for the subsequent offense."
SECTION 2. This act takes effect upon approval by the Governor.