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Current Status Bill Number:View additional legislative information at the LPITS web site.3959 Ratification Number:381 Act Number:296 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010418 Primary Sponsor:Rodgers All Sponsors:Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks Drafted Document Number:l:\council\bills\ggs\22006cm01.doc Date Bill Passed both Bodies:20020523 Date of Last Amendment:20020521 Governor's Action:S Date of Governor's Action:20020603 Subject:Motor vehicle drivers' licenses, route or special restricted, may use to attend Alcohol and Drug Safety Action classes; first offense violation for unlawfully passing a school bus may be tried in magistrate's court History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020617 Act No. A296 ------ 20020603 Signed by Governor ------ 20020528 Ratified R381 House 20020523 Concurred in Senate amendment, enrolled for ratification Senate 20020521 Amended, read third time, returned to House with amendment Senate 20020516 Read second time, ordered to third reading with notice of general amendments Senate 20020515 Committee report: Favorable 11 SJ Senate 20020423 Introduced, read first time, 11 SJ referred to Committee ------ 20020419 Scrivener's error corrected House 20020419 Read third time, sent to Senate House 20020418 Amended, read second time, unanimous consent for third reading on Friday, 20020419 House 20020417 Committee report: Favorable with 25 HJ amendment House 20010418 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 17, 2002 - Word format Revised on April 18, 2002 - Word format Revised on April 19, 2002 - Word format Revised on May 15, 2002 - Word format Revised on May 21, 2002 - Word format
(A296, R381, H3959)
AN ACT TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES MAY USE A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE SPECIAL RESTRICTED DRIVER'S LICENSE WHOSE SUSPENSION IS UPHELD AT AN ADMINISTRATIVE HEARING SHALL PERMIT THE HOLDER OF THE DRIVER'S LICENSE TO DRIVE TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES, TO REVISE THE CONDITIONS UPON WHICH A SPECIAL RESTRICTED DRIVER'S LICENSE MAY BE ISSUED, TO PROVIDE THAT A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE WHOSE STATUS OF ATTENDANCE OF ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES HAS CHANGED, MUST REPORT THE CHANGE IN STATUS TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A SPECIAL RESTRICTED DRIVER'S LICENSE ISSUED TO A PERSON WHO DOES NOT REQUEST AN ADMINISTRATIVE HEARING SHALL PERMIT THE DRIVER'S LICENSE HOLDER TO DRIVE TO AND FROM HIS PLACE OF EDUCATION, IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION, AND TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES; AND TO AMEND SECTION 56-5-2780, RELATING TO PENALTIES THAT MAY BE IMPOSED UPON A PERSON WHO UNLAWFULLY MEETS OR PASSES A SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS PROVISION MAY BE TRIED IN MAGISTRATE'S COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Special and route restricted driver's licenses
SECTION 1. Section 56-5-2990(B) of the 1976 Code, as last amended by Part II, Section 11 of Act 100 of 1999, is further amended to read:
"(B) A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment."
Special restricted driver's license
SECTION 2. Section 56-5-2951(J)(1) and (2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or the location of his Alcohol and Drug Safety Action Program classes.
(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 individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, or residence must be reported immediately to the department by the licensee."
Special restricted driver's license
SECTION 3. Section 56-5-2951(R) of the 1976 Code, as added by Act 115 of 1999, is amended to read:
"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or the location of his Alcohol and Drug Safety Action Program classes, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or the location of his Alcohol and Drug Safety Action Program classes. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
Unlawful passing of a school bus
SECTION 4. Section 56-5-2780(A) of the 1976 Code is amended to read:
"(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770(a) or (e) may be tried in magistrate's court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 28th day of May, 2002.
Approved the 3rd day of June, 2002.
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