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372Ratification Number: 217Act Number: 221Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990120Primary Sponsor: AndersonAll Sponsors: Anderson, GloverDrafted Document Number: l:\council\bills\psd\7163ac99.docDate Bill Passed both Bodies: 20000120Date of Last Amendment: 20000113Governor's Action: SDate of Governor's Action: 20000225Subject: Day care center employment, DUI offender eligible to work; Minors, Transportation Department, Traffic violationsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000331 Act No. A221 ------ 20000225 Signed by Governor ------ 20000223 Ratified R217 Senate 20000120 Concurred in House amendment, enrolled for ratification House 20000118 Read third time, returned to Senate with amendment House 20000113 Amended, read second time House 19990602 Request for debate by Representative Sandifer Young- Brickell Law Leach Vaughn Davenport Edge Witherspoon Kelley Quinn House 19990601 Debate adjourned until Wednesday, 19990602 House 19990526 Committee report: Favorable with 25 HJ amendment House 19990223 Introduced, read first time, 25 HJ referred to Committee Senate 19990219 Read third time, sent to House Senate 19990218 Read second time, unanimous consent for third reading on Friday, 19990219 Senate 19990218 Committee amendment adopted Senate 19990217 Committee report: Favorable with 11 SJ amendment Senate 19990120 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on February 17, 1999 - Word format Revised on February 18, 1999 - Word format Revised on May 26, 1999 - Word format Revised on January 13, 2000 - Word format
(A221, R217, S372)
AN ACT TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAYCARE CENTER EMPLOYMENT, SO AS TO PROVIDE THAT THE CLASS F FELONY OF DRIVING UNDER THE INFLUENCE DOES NOT PROHIBIT DAYCARE CENTER EMPLOYMENT IF THE PERSON HAS NOT BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OR OF AN ALCOHOL OR DRUG VIOLATION OR DRIVING WITH A CANCELED, SUSPENDED, OR REVOKED LICENSE IN THIS OR ANY OTHER STATE FOR THE PREVIOUS TEN YEARS AND THE PERSON HAS COMPLETED AN ALCOHOL OR DRUG TREATMENT PROGRAM; TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE FOR DRIVING UNDER THE INFLUENCE MUST NOT DRIVE A VEHICLE IN THE COURSE OF HIS DUTIES OF EMPLOYMENT; AND TO PROVIDE THAT IF SUBSEQUENT TO EMPLOYMENT, A PERSON IS CONVICTED OF DRIVING UNDER THE INFLUENCE, THE PERSON'S EMPLOYMENT MUST BE TERMINATED.
Be it enacted by the General Assembly of the State of South Carolina:
Violations prohibiting daycare employment; exceptions
SECTION 1. Section 20-7-2725(A)(4) of the 1976 Code, as added by Act 444 of 1996, is amended to read:
"(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
(b) the person has not been convicted of and has no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
(c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.
A person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a daycare center, group daycare home, family daycare home, or church or religious daycare center.
If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;"
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 23rd day of February, 2000.
Approved the 25th day of February, 2000.
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