Current StatusView additional legislative information at the LPITS web site.Bill Number: 3579 Ratification Number: 435 Act Number 355 Introducing Body: House Subject: Relating to provisional drivers' licenses and suspension of drivers' licenses of persons convicted of driving under the influence of intoxicating liquor, drugs or narcotics (DUI)
(A355, R435, H3579)
AN ACT TO AMEND SECTIONS 56-1-1320, 56-1-1330, AS AMENDED, 56-1-1400, AND 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONAL DRIVERS' LICENSES AND SUSPENSION OF DRIVERS' LICENSES OF PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS OR NARCOTICS (DUI) SO AS TO PROVIDE THAT PERSONS EXEMPTED FROM LICENSING REQUIREMENTS WHO ARE CONVICTED OF DUI MAY APPLY FOR PROVISIONAL LICENSES, TO CHANGE PROVISIONS GOVERNING ALCOHOL TRAFFIC SAFETY SCHOOLS, TO BROADEN THE SCOPE OF THE COMMITTEE TO EVALUATE EXAMINATION AND SERVICES SYSTEMS AND CHANGE THE DATE FOR A FINAL COMMITTEE REPORT, AND TO PROVIDE FOR EVALUATION AND COMPLETION OF AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM OF PERSONS WHOSE DRIVERS' LICENSES ARE SUSPENDED UPON CONVICTION OF DUI.
Be it enacted by the General Assembly of the State of South Carolina:
Provisional driver's license
Section 1. Section 56-1-1320 of the 1976 striking the first paragraph and inserting:
"Notwithstanding the provisions of Section 56-5-2990, any person with a South Carolina driver's license or any person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of any ordinance of any municipality, or law of this State, that prohibits any person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the Department to obtain a provisional driver's license of a design to be determined by the Department, to operate a motor vehicle during the specified suspension period. Such person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the Department a fee of five dollars for the provisional driver's license." The section when amended shall read:
"Section 56-1-1320. Notwithstanding the provisions of Section 56-5-2990, any person with a South Carolina driver's license or any person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of any ordinance of any municipality, or law of this State, that prohibits any person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the Department to obtain a provisional driver's license of a design to be determined by the Department, to operate a motor vehicle during the specified suspension period. Such person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the Department a fee of five dollars for the provisional driver's license.
The provisional driver's license shall not be valid for more than six months from the date of issue shown on the license.
The determination of whether or not a provisional driver's license shall be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code shall be made by the Director of the Motor Vehicle Division of the Department or his designee."
Requirements to obtain a provisional driver's license
Section 2. Section 56-1-1330 of the 1976 Code, as last amended by Section 7 of Part II of Act 178 of 1981, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision shall include a mandatory requirement that the applicant enter an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse and be examined to determine the extent and nature of an alcohol and drug abuse problem, if any; and successfully complete treatment or education services recommended by the program. The applicant shall bear the cost of such services which cost shall be determined by the administering agency and approved by the South Carolina Commission on Alcohol and Drug Abuse. Such cost shall not exceed one hundred dollars for education services and two hundred dollars in total for any and all services. The Commission shall recommend subsequent cost changes on an annual basis subject to the approval of the General Assembly. If the applicant fails to successfully complete the services as directed by the Department of Highways and Public Transportation, the South Carolina Commission on Alcohol and Drug Abuse shall notify the Department and the provisional driver's license shall be revoked and the suspension imposed for the full period specified in Section 56-5-2990, such suspension to begin on date of notification to the individual."
Evaluation and completion of alcohol and drug safety action program
Section 3. Section 56-1-1400 of the 1976 Code is amended by striking the last two sentences and inserting:
"The committee shall work with the South Carolina Commission on Alcohol and Drug Abuse and the Department to evaluate the impact of this article and Section 5-5-2990. The committee shall make a report of its findings and recommendations to the General Assembly each year; provided that in 1984 a final report shall be made concerning the feasibility of continuing or discontinuing the examination and services system provided for in these sections."
Persons notified of suspension of license
Section 4. Section 56-5-2990 of the 1976 Code, as last amended by Section 2 of Act 167 of 1981, is further amended by adding at the end:
"Any person whose license is suspended under the provisions of this section shall be notified on suspension by the Department of Highways and Public Transportation of the requirement to be evaluated by, and successfully complete, an Alcohol and Drug Safety Action Program, certified by the South Carolina Commission on Alcohol and Drug Abuse, prior to reinstatement of a license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant shall be prepared at no cost to the applicant and a plan of education or treatment, or both shall be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment or both developed for the applicant shall be a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of such services, to be determined by the administering agency and approved by the Commission on Alcohol and Drug Abuse (Commission). Such cost shall not exceed one hundred dollars for education services and two hundred dollars in total for any and all services. No applicant shall be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six month period of enrollment, a hearing must be provided by the administering agency and, if further needed, by the Commission. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the Department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the Department if it determines public safety and the welfare of the petitioner will not be endangered.
The Department and the Commission shall develop such procedures as are necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant."
Time effective
Section 5. This act shall take effect upon the approval by the Governor.