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COMMITTEE REPORT
March 23, 2006
H. 4509
Introduced by Reps. Kennedy, Harrison, Hosey, Scott, Moody-Lawrence, Clyburn, Hodges, Jefferson, Miller and Rivers
S. Printed 3/23/06--H.
Read the first time January 25, 2006.
To whom was referred a Bill (H. 4509) to amend Section 20-7-945, as amended, Code of Laws of South Carolina, 1976, relating to the revocation of a license of a person who is out, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 20-7-945(M)(1) and (2), as contained in SECTION 1, page 1 by deleting lines 26 through 41 and inserting:
/ (M)(1)(a) If a person is employed or enrolled in a college or university at any time while his driver's license is revoked pursuant to this section, he may apply for a special restricted driver's license that permits him to drive only to and from the following places while his driver's license is revoked:
(i) to and from work or his place of education and in the course of his employment or education;
(ii) to and from a place of worship;
(iii) to and from a court proceeding or his attorney's office; or
(iv) to and from any place authorized as part of a court ordered visitation.
(b) The Department of Motor Vehicles may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and lives farther than one mile from his place of employment, place of education, place of worship, courthouse, attorney's office, or place authorized as part of court ordered visitation.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, residence, place of worship, choice of legal counsel, or place authorized as part of court ordered visitation must be reported immediately to the department by the licensee. /
Amend further Section 20-7-945 as contained in SECTION 1 by adding after the period on line 11 on page 2:
/ (5) The special restricted driver's license issued pursuant to this subsection is available only as long as the person timely makes all required monthly child support payments that become due after the special restricted driver's license is issued. If the person fails to timely make each monthly child support payment after the special restricted driver's license is issued, the Department of Motor Vehicles must revoke the license upon written notification by the Department of Social Services that the person is not complying with this provision. /
When amended Section 20-7-945(M), as contained in SECTION 1 shall read:
/ (M)(1)(a) If a person is employed or enrolled in a college or university at any time while his driver's license is revoked pursuant to this section, he may apply for a special restricted driver's license that permits him to drive only to and from the following places while his driver's license is revoked:
(i) to and from work or his place of education and in the course of his employment or education;
(ii) to and from a place of worship;
(iii) to and from a court proceeding or his attorney's office; or
(iv) to and from any place authorized as part of a court ordered visitation.
(b) The Department of Motor Vehicles may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and lives farther than one mile from his place of employment, place of education, place of worship, courthouse, attorney's office, or place authorized as part of court ordered visitation.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, residence, place of worship, choice of legal counsel, or place authorized as part of court ordered visitation must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license is one hundred dollars. However, an additional fee is not required because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(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) The special restricted driver's license issued pursuant to this subsection is available only as long as the person timely makes all required monthly child support payments that become due after the special restricted driver's license is issued. If the person fails to timely make each monthly child support payment after the special restricted license is issued, the Department of Motor Vehicles must revoke the license upon written notification by the Department of Social Services that the person is not complying with this provision."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 20-7-945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF A LICENSE OF A PERSON WHO IS OUT OF COMPLIANCE WITH AN ORDER FOR CHILD SUPPORT, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PURSUANT TO THIS SECTION MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-945 of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding at the end:
"(M)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is revoked pursuant to this section, he may apply for a special restricted driver's license that permits him to drive only to and from work or his place of education and in the course of his employment or education while his driver's license is revoked. The Department of Motor Vehicles may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and lives further than one mile from his place of employment or place of education.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license is one hundred dollars. However, an additional fee is not required because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(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."
SECTION 2. This act takes effect upon approval by the Governor.
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