Rep. RUTHERFORD proposes the following Amendment No. 5 to H. 4451 (COUNCIL\SWB\5175CM12):

Reference is to Printer's Date 2/9/12-H.

Amend the bill, as and if amended, by deleting SECTIONS 2 and 4 in their entirety.

Amend the bill further, by deleting SECTION 3 in its entirety and inserting:

/ SECTION      3.      Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:

     "Section 56-5-3897.      Monies received by the Trauma Care Fund pursuant to 56-5-3890 and 56-5-3897 must be deposited with the city or county treasurer, as applicable, for remittance to the State Treasurer. The State Treasurer shall deposit the Trauma Care Fund surcharge in the South Carolina State Trauma Care Fund. The Trauma Care Fund surcharge must not be used by the Department of Health and Environmental Control for the payment of the department's administrative or operating expenses or for any purpose other than providing financial aid to participating trauma care providers and grants related to trauma care in this State. The Trauma Care Fund surcharge is not subject to the provisions of Section 44-61-520(G). /

Amend the bill further, Section 56-5-3890(D), as contained in SECTION 1, by deleting Section 56-5-3890(D) in its entirety and inserting:

/      (D)      A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred fifty dollars and the conviction may not be reported to the offender's motor vehicle insurer nor may it be included in the offender's motor vehicle records maintained by the department of motor vehicles or in the criminal records maintained by the state law enforcement division.
     
Amend the bill further, Section 56-5-3890, as contained in SECTION 1, by adding the following appropriately lettered subsections:

/      ( )      A law enforcement officer may not issue a citation to a driver or a passenger for a violation of this section when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law.
     ( )      A violation of this section is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
     ( )      A vehicle, driver, or occupant in a vehicle may not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this section.
     ( )      A law enforcement officer may not stop a driver for a violation of this section except when the officer has probable cause that a violation of this section has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is violating the provisions of this section.
     ( )      A person charged with a violation of this section may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact is convinced beyond a reasonable doubt that the person was violating the provisions of this section at the time of the incident, the penalty is as provided in this section. If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person was violating the provisions of this section, no penalty may be assessed.
     ( )      A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95. /

Renumber sections to conform.
Amend title to conform.