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Current Status Bill Number:View additional legislative information at the LPITS web site.4406 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000111 Primary Sponsor:Kirsh All Sponsors:Kirsh and Meacham-Richardson Drafted Document Number:l:\council\bills\skb\18104som00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:DUI, Alcohol and Drug Safety Action Program; Motor vehicles, Drivers license suspension, Transportation, Traffic History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000111 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTIONS 56-1-286, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF DRIVER'S LICENSE OF A PERSON UNDER TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND WHO HAS A CERTAIN AMOUNT OF ALCOHOL CONCENTRATION; 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE; AND 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE, ALL SO AS TO CLARIFY THAT A PERSON MUST BE ENROLLED IN OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE HIS DRIVING PRIVILEGE CAN BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD AND TO MAKE OTHER TECHNICAL CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-286(I) and (J) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(I) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within ten days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990. If the person does not enroll in an Alcohol and Drug Safety Action Program request an administrative hearing within ten days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and the person's right to an administrative hearing may not be requested is waived. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(J) Within ten days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A The department must assess a thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section, or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded."
SECTION 2. Section 56-1-286(M) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(M) The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall advise the person that, if he does not enroll in an Alcohol and Drug Safety Action Program and does not request an administrative hearing within ten days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G)."
SECTION 3. Section 56-1-286(T) and (U) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(T) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension, as provided in subsections (F) and (G), has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to attend classes for the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress towards the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be enrolled in or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(T) (U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(U) (V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result results in any insurance penalty for automobile insurance purposes if, at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten one-hundredths of one percent."
SECTION 4. Section 56-5-2951(B), (C), and (D) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(B) If the test registers an alcohol concentration of ten one-hundredths of one percent or more, the person, within ten days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990.
(C) If the person does not enroll in an Alcohol and Drug Safety Action Program request an administrative hearing within ten days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and the person's right to an administrative hearing may not be requested is waived. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(D) Within ten days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A The department must assess a thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H), or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930 or Section 56-5-2945."
SECTION 5. Section 56-5-2951(L) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(L) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (J) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to attend classes for the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress towards the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be enrolled in or have completed an Alcohol and Drug Safety Action Program pursuant to subsection (A) Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period."
SECTION 6. Section 56-5-2990(B) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(B) Any 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. 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 full 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 begin at least once a month. The person applicant whose license is suspended must enroll in attend the first Alcohol and Drug Safety Action Program available after the date of enrollment."
SECTION 7. This act takes effect July 1, 2000.
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