H*3959(Rat #0381, Act #0296 of 2002)  General Bill, By Rodgers, Simrill, Gilham, 
Hosey, D. Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks
 A BILL 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.-amended title

   04/18/01  House  Introduced and read first time HJ-41
   04/18/01  House  Referred to Committee on Judiciary HJ-41
   04/17/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   04/18/02  House  Amended HJ-53
   04/18/02  House  Read second time HJ-55
   04/18/02  House  Unanimous consent for third reading on next
                     legislative day HJ-55
   04/19/02  House  Read third time and sent to Senate HJ-2
   04/23/02  Senate Introduced and read first time SJ-5
   04/23/02  Senate Referred to Committee on Judiciary SJ-5
   05/15/02  Senate Committee report: Favorable Judiciary SJ-11
   05/16/02  Senate Read second time SJ-40
   05/16/02  Senate Ordered to third reading with notice of
                     amendments SJ-40
   05/21/02  Senate Amended SJ-18
   05/21/02  Senate Read third time and returned to House with
                     amendments SJ-18
   05/23/02  House  Concurred in Senate amendment and enrolled HJ-35
   05/28/02         Ratified R 381
   06/03/02         Signed By Governor
   06/13/02         Effective date 6/3/2002
   06/13/02         Copies available
   06/17/02         Act No. 296

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.