View Amendment Current Amendment: JUD0115.008.docx to Bill 115     Senator TIMMONS proposed the following amendment (JUD0115.008):

    Amend the bill, as and if amended, by striking SECTION 2, Section 61-3-110 in its entirety and inserting the following:
    /         Section 61-3-110.     For purposes of this chapter, the following definitions apply:
    (1)     'Alcohol' means beer, wine, alcoholic liquors, or any other type of alcoholic beverage that contains any amount of alcohol and is used as a beverage for human consumption.
    (2)     'Alcohol server' means an individual who sells, serves, transfers, or dispenses alcohol for on-premises consumption at permitted or licensed premises, and may include a permittee, licensee, manager, or other employee of a permittee or licensee. 'Alcohol server' shall not include an individual employed or volunteering on a temporary basis for a one-time special event, such as a banquet, or at an event that has a temporary permit to sell beer, wine, or alcoholic liquors by the drink.
    (3)     'Alcohol server certificate' means an authorization issued by the department for an individual to be employed or engaged as an alcohol server for on-premises consumption.
    (4)     'DAODAS' means the South Carolina Department of Alcohol and Other Drug Abuse Services.
    (5)     'Department' means the South Carolina Department of Revenue.
    (6)     'Division' means the South Carolina Law Enforcement Division.
    (7)     'Employee' means a person who is employed for at least ten hours a week by the holder of a permit or license to sell alcohol for on-premises consumption.
    (8)     'Licensee' means a person issued a license by the department pursuant to Title 61 to sell, serve, transfer, or dispense alcoholic liquors or alcoholic liquor by the drink for on-premises consumption, and the licensee remains open to sell, serve, transfer, or dispense alcoholic liquors or alcoholic liquor by the drink for on-premises consumption after five o'clock p.m.
    (9)     'Manager' means an individual employed by a permittee or licensee who manages, directs, or controls the sale, service, transfer, or dispensing of alcoholic beverages for on-premises consumption at the permitted or licensed premises.
    (10)     'Permittee' means a person issued a permit by the department pursuant to Title 61 to sell, serve, transfer, or dispense beer, wine, ale, porter, or other malted beverages for on-premises consumption, and the permittee remains open to sell, serve, transfer, or dispense beer, wine, ale, porter, or other malted beverages for on-premises consumption after five o'clock p.m.
    (11)     'Program' means an alcohol server training and education course and examination approved by the department with input from DAODAS and the division that is administered by authorized providers.
    (11)     'Provider' means an individual, partnership, corporation, or other legal entity authorized by the department that offers and administers a program.         /

    Amend the bill further, as and if amended, by striking SECTION 2, Section 61-3-130(C) in its entirety, and inserting the following:
    /         (C)     The department shall approve only online or classroom designed training programs that meet each of the following criteria:
        (1)     A program must cover the content specified in subsection (B). If a program does not include law enforcement information in its general course material, specific South Carolina law enforcement information must be provided in a South Carolina training supplement document.
        (2)     The content in a program must clearly identify and focus on the knowledge, skills, and abilities needed to responsibly serve alcoholic beverages and is developed using best practices in instructional design and exam development to ensure that the program is fair and legally defensible.
        (3)     A program may be offered online or through classroom instruction.
        (4)     Classroom training must be at least four hours, be available in English and Spanish, and include a test.
        (5)     Online or computer based training programs shall be forced linear, with no content omitted, be interactive, have audio for content, and include a test.
        (6)     Training and testing is conducted by any means available, including, but not limited to, online, computer, classroom, and live trainers. All tests must be monitored by a manager or proctor. A passing grade of a test, as provided by the program, is required.
        (7)     Training certificates are issued by the provider only after training is complete and the test has been passed successfully.
        (8)     Each provider must give to the department a report of all individuals who have successfully completed training and testing within ten business days after the training is completed. The provider must also maintain these records for at least five years following the end of the training program for purposes of verifying certification validity by the department or the division.         /

Amend the bill further, as and if amended, by striking SECTION 2, Section 61-3-140(D) in its entirety, and inserting the following:
    /         (D)     Alcohol server certificates are valid for a period of five years from the date that the alcohol server certificate was issued. After the five-year period, a new or recertified alcohol server certificate must be obtained pursuant to the provisions of this chapter in order for the holder to be employed as a server.         /

    Renumber sections to conform.
    Amend title to conform.