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A42, R46, S406
STATUS INFORMATION
General Bill
Sponsors: Senator Ryberg
Document Path: l:\council\bills\swb\6264cm05.doc
Companion/Similar bill(s): 3524
Introduced in the Senate on February 3, 2005
Introduced in the House on March 3, 2005
Last Amended on March 1, 2005
Passed by the General Assembly on April 14, 2005
Governor's Action: May 3, 2005, Signed
Summary: Commercial Driver's License revisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/3/2005 Senate Introduced and read first time SJ-4
2/3/2005 Senate Referred to Committee on Transportation SJ-4
2/24/2005 Senate Committee report: Favorable Transportation SJ-9
2/25/2005 Scrivener's error corrected
3/1/2005 Senate Amended SJ-13
3/1/2005 Senate Read second time SJ-13
3/2/2005 Senate Read third time and sent to House
3/2/2005 Scrivener's error corrected
3/3/2005 House Introduced and read first time HJ-20
3/3/2005 House Referred to Committee on Education and Public Works HJ-21
4/7/2005 House Committee report: Favorable Education and Public Works
HJ-27
4/12/2005 House Read second time HJ-32
4/12/2005 House Rep. Rice moved to reconsider whereby the Bill received
second reading HJ-42
4/13/2005 House Debate adjourned on motion to reconsider until Thursday,
April 14, 2005 HJ-34
4/14/2005 House Table the motion to reconsider HJ-14
4/14/2005 House Read third time and enrolled HJ-14
4/28/2005 Ratified R 46
5/3/2005 Signed By Governor
5/5/2005 Copies available
5/5/2005 Effective date 05/03/05
5/9/2005 Act No. 42
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/3/2005
2/24/2005
2/25/2005
3/1/2005
3/2/2005
4/7/2005
(A42, R46, S406)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION 56-1-2111,SO AS TO PROVIDE CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR PERMIT; BY ADDING SECTION 56-1-2112 SO AS TO PROVIDE THAT A DRIVER WHO IS CONVICTED OF OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF CERTAIN RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS IS DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "CONVICTION", "SERIOUS TRAFFIC VIOLATION", AND "TANK VEHICLE", AND TO PROVIDE DEFINITIONS FOR THE TERMS "SCHOOL BUS", AND "TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2060, AS AMENDED, RELATING TO CERTAIN RESPONSIBILITIES PLACED ON AN EMPLOYER WHO EMPLOYS A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE, SO AS TO INCREASE THE PENALTY THAT MAY BE ASSESSED AGAINST AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD IN WHICH THE VEHICLE OR PERSON IS SUBJECT TO AN OUT-OF-SERVICE ORDER, TO PROVIDE THAT AN EMPLOYER MAY NOT KNOWINGLY ALLOW, PERMIT, OR AUTHORIZE A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHEN THE EMPLOYER IS IN VIOLATION OF A PROVISION PERTAINING TO RAILROAD-HIGHWAY GRADE CROSSINGS, AND TO PROVIDE A CIVIL PENALTY TO BE ASSESSED AGAINST AN EMPLOYER WHO VIOLATES CERTAIN FEDERAL REGULATIONS; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUTHORIZE PRIVATE INSTITUTIONS TO ADMINISTER THE SKILLS PORTION OF THE COMMERCIAL DRIVER'S LICENSE TEST, TO PROVIDE THAT THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MAY RANDOMLY TEST COMMERCIAL DRIVER'S LICENSE APPLICANTS OR HOLDERS, AND PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE APPLICANT OR HOLDER WHO FAILS RETESTING SHALL LOSE HIS COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO CONTENTS OF A COMMERCIAL DRIVER'S LICENSE, THE PRIVILEGES AFFORDED TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE WITH THE VARIOUS CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS, AND THE ISSUANCE AND RENEWAL OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE "S" ENDORSEMENT AUTHORIZES A PERSON TO DRIVE ANY SCHOOL BUS; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO MOVING VIOLATIONS THAT DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT THESE VIOLATIONS MAY BE COMMITTED IN EITHER A COMMERCIAL OR NONCOMMERCIAL MOTOR VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT DRIVING A COMMERCIAL MOTOR VEHICLE WHEN A PERSON'S COMMERCIAL DRIVER'S LICENSE IS REVOKED, SUSPENDED, OR CANCELLED DISQUALIFIES THE PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT CAUSING A FATALITY THROUGH THE NEGLIGENT OPERATION OF A COMMERCIAL MOTOR VEHICLE DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO DEFINE THE TERM "SERIOUS TRAFFIC VIOLATIONS"; AND TO AMEND SECTION 56-5-2735, RELATING TO VEHICLES ENTERING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER A RAILROAD GRADE CROSSING UNTIL ITS DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDER CARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Commercial Driver's License Program
SECTION 1. Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-2005. The South Carolina Department of Motor Vehicles shall administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment (49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina."
Issuance of a commercial driver's license
SECTION 2. Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"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."
Commercial motor vehicle violations
SECTION 3. Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-2112. (A) A driver who is convicted of operating a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing is disqualified from operating a commercial motor vehicle for the period of time specified in subsection (B):
(1) for drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
(2) for drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(3) for drivers who are always required to stop, failing to stop before driving onto the crossing;
(4) for all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(5) for all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing;
(6) for all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(B) A person is disqualified from driving a commercial motor vehicle for committing an offense contained in subsection (A) for not less than:
(1) sixty days for the first conviction committed in a commercial motor vehicle;
(2) one hundred twenty days for the second conviction committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period; and
(3) one year for the third or subsequent conviction committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period."
Definitions
SECTION 4. Section 56-1-2030 of the 1976 Code is amended to read:
"Section 56-1-2030. As used in this article:
(1) 'Commercial driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(2) 'Commercial Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(3) 'Commercial driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(4) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a) has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b) is designed to transport sixteen or more persons, including the driver; or
(c) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F.
(5) 'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(6) 'Controlled substance' means a substance classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 CFR Part 1308, as revised.
(7) 'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(8) 'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(9) 'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(10) 'Driver' means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license.
(11) 'Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(12) 'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(13) 'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(14) 'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(15) 'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(16) 'Gross vehicle weight rating' means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(17) 'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(18) 'Motor vehicle' means a vehicle which is self-propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(19) 'Out-of-service order' means declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR Sections 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria. For purposes of this article, regulations requiring disqualifications for violations of out-of-service orders affect all vehicles with a gross combination weight rating or gross vehicle weight rating greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5, and 393 of the Federal Motor Carrier Regulations.
(20) 'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(21) 'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(22) 'Serious traffic violation' means a conviction when operating a motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely;
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person;
(f) driving a commercial motor vehicle without obtaining a commercial driver's license;
(g) driving a commercial motor vehicle without a commercial driver's license in the driver's possession. A person who provides proof to the law enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for the violation, that the individual held a valid commercial driver's license on the date the citation was issued, is not guilty of this offense; or
(h) driving a commercial motor vehicle without the proper class of commercial driver's license, or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported, or both.
(23) 'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.
(24) 'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(25) 'Tank vehicle' means a commercial motor vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle or its chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks as defined in 49 CFR Part 171. This definition does not include portable tanks having a rated capacity under one thousand gallons.
(26) 'United States' means the fifty states and the District of Columbia.
(27) 'Farm related vehicle' means a vehicle used:
(a) in custom harvester operations;
(b) in livestock feeding operations; or
(c) by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(28) 'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business.
(29) 'Traffic violation' means the offenses contained in 49 CFR 383.51(d) regarding driving disqualifications for violating railroad-highway grade crossing violations."
Authorization to drive a commercial motor vehicle
SECTION 5. Section 56-1-2060 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:
"Section 56-1-2060. (A) Each employer shall require the information specified in Section 56-1-2050(C).
(B) An employer knowingly may not allow, permit, or authorize a person to drive a commercial motor vehicle during a period in which:
(1) the person's commercial driver's license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state;
(2) the person has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license;
(3) an employer who knowingly allows, permits, or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand seven hundred fifty dollars nor more than eleven thousand dollars; or
(4) the employer is in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.
(C) An employer who is convicted of a violation of 49 CFR 383.37(d) is subject to a civil penalty of not more than ten thousand dollars."
Commercial driver's license
SECTION 6. Section 56-1-2080(A) of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:
"(A) (1) A person may not be issued a commercial driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR Part 383, subparts F, G, and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.
(2) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility or other private institutions, or a department, agency, or instrumentality of local government, to administer the skills test required by this subsection if:
(a) the test is the same which otherwise would be administered by the department; and
(b) the third party has entered into an agreement with the department which contains at least the following provisions:
( i) authorization for the department or the Federal Motor Carrier Safety Administration or its representatives to conduct random examinations, inspections, and audits without prior notice and randomly test commercial driver's license applicants or holders at least annually. An applicant or holder who fails retesting shall lose his commercial driver's license;
(ii) permission for the department or its representative to conduct onsite inspections at least annually;
(iii) requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the persons participating in the program."
Endorsements
SECTION 7. Section 56-1-2100(B)(2)(f) of the 1976 Code, as added by Act 265 of 2000, is amended to read:
"(f) 'S' authorizes the person to drive school buses."
Commercial driver's license renewal
SECTION 8. Section 56-1-2100(F) of the 1976 Code is amended to read:
"(F) A person applying for renewal of a commercial driver's license must complete the application form required by Section 56-1-2090(A), and provide updated information and required certifications. Every applicant must take and pass the written test for hazardous material endorsement to obtain or retain the endorsement. The person also shall submit to and pass a vision test."
Disqualifications from driving a commercial motor vehicle
SECTION 9. Section 56-1-2110 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-2110. (A) A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability as prescribed by state law;
(2) driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four-one hundredths or more;
(3) leaving the scene of an accident involving a motor vehicle driven by the person;
(4) using a motor vehicle in the commission of a felony as defined in this article;
(5) refusal to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;
(6) driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or cancelled, or the driver is disqualified from operating a commercial motor vehicle;
(7) causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide.
If any of the above violations occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be considered in applying this subsection.
(D) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.
(E) A commercial driver's license holder is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period.
(G) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver's license or commercial driver's instruction permit within ten days.
(H) For purposes of this section, serious traffic violations are those violations contained in Section 56-1-2030(22) and 49 CFR 383.5 and 383.51."
Vehicles entering into a highway facility
SECTION 10. Section 56-5-2735 of the 1976 Code, as added by Act 399 of 1992, is amended to read:
"Section 56-5-2735. (A) Notwithstanding the indication of a traffic signal to proceed, no driver shall enter an intersection or a marked crosswalk or drive onto a railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains.
(B) No vehicle shall be driven on the left side of the roadway while attempting to pass another vehicle within one hundred feet of a railroad grade crossing.
(C) When stopping as required at a railroad crossing, the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the roadway is marked for two or more lanes of traffic on the driver's side of the center line of the highway.
(D) A vehicle may not be driven or towed through or over a railroad grade crossing until its driver has determined that the vehicle has sufficient under carriage clearance to negotiate the railroad grade crossing."
Severability clause
SECTION 11. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Savings clause
SECTION 12. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Time effective
SECTION 13. This act takes effect upon approval by the Governor.
Ratified the 28th day of April, 2005.
Approved the 3rd day of May, 2005.
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