South Carolina General Assembly
116th Session, 2005-2006

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H. 4402

STATUS INFORMATION

General Bill
Sponsors: Reps. G.R. Smith, Harrison, Leach, Barfield, Walker, J.R. Smith, Loftis, Haley, Martin, Hosey, Bannister, Cato, Hamilton, Haskins, D.C. Smith, Tripp and Vaughn
Document Path: l:\council\bills\swb\6628cm06.doc

Introduced in the House on January 11, 2006
Currently residing in the House Committee on Education and Public Works

Summary: DUI

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/11/2006  House   Introduced and read first time HJ-10
   1/11/2006  House   Referred to Committee on Education and Public Works HJ-10

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/11/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 56-1-2111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS PLACED ON THE DEPARTMENT OF MOTOR VEHICLES WHEN IT ISSUES A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL SPECIAL LICENSE OR PERMIT WHICH INCLUDES A PROVISIONAL, ROUTE RESTRICTED HARDSHIP, OR TEMPORARY LICENSE THAT PERMITS A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING CERTAIN PERIODS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL NOT ISSUE ANY OF THESE FORMS OF LICENSES TO A PERSON WHO HAS BEEN CONVICTED AT LEAST TWO TIMES OF DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER ILLEGAL SUBSTANCE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-1-2111 of the 1976 Code, as added by Act 42 of 2005, is amended to read:

"Section 56-1-2111.    The department shall not issue a commercial driver's license or a commercial special license or permit which includes a provisional, route restricted hardship, or temporary license that permits a person to drive a commercial motor vehicle during a period in which:

(1)    the person is disqualified from operating a commercial motor vehicle as defined by Section 383.5, or under the provisions of Sections 383.73(g) or 384.231(b)(2) of the FMCSR;

(2)    the commercial driver's license holder's noncommercial driving privilege has been revoked, suspended, or cancelled; or

(3)    any driver's license held by the person is suspended, revoked, or cancelled by the State where the driver is licensed for any state or local law related to motor vehicle traffic control other than a parking violation; or

(4)    the person has been convicted at least two times of driving a vehicle while under the influence of alcohol, drugs, or another illegal substance."

SECTION    2.    This act takes effect upon approval by the Governor.

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