South Carolina General Assembly
114th Session, 2001-2002

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Bill 350

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Indicates New Matter

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Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 25, 2001

    S. 350

Introduced by Senator Hawkins

S. Printed 4/25/01--S.

Read the first time February 20, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 350) to amend the Code of Laws of South Carolina, 1976, by adding Section 56-1-325 so as to provide that upon issuing a person a route restricted driver's license, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, striking all after the enacting words and inserting therein the following:

    /    SECTION    1.    Section 56-1-286(K)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

    "(1)    obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. However, only one temporary alcohol restricted license may be issued pursuant to this section unless the suspension is overturned at the administrative hearing. A person who serves the entire administrative suspension is prohibited from obtaining another temporary alcohol restricted license pursuant to this section. 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"

    SECTION    2.    Section 56-1-286 of the 1976 Code, as last amended by Act 390 of 2000, is further amended by adding:

    "(W)    If the holder of a temporary alcohol restricted license receives a subsequent suspension pursuant to this section, the temporary alcohol restricted license must be revoked, and the remaining suspension period for which the temporary alcohol restricted license was issued must be imposed. The holder is not eligible for any other driver's license, until the suspension for which the temporary alcohol restricted license was issued has been either served completely or rescinded."

    SECTION    3.    The 1976 Code is amended by adding:

    "Section 56-1-749.    (A) Upon issuing a person a special restricted driver's license, the Department of Public Safety must provide the person with a copy of the approved route that has been certified by the department's motor vehicle division. The certified copy of the approved route must be carried at all times by the person when he operates a motor vehicle, and must be displayed upon demand by a law enforcement officer. The person must maintain the certified copy of the approved route and display it upon demand by a law enforcement officer.

    (B)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished:

        (1)    as provided for in Section 56-1-500 for a first offense; and

        (2)    as provided for in Section 56-1-460 for a second or subsequent offense."

    SECTION    4.    Section 56-5-2951(D)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

    "(1)    obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. However, only one temporary alcohol restricted license may be issued pursuant to this section in a ten-year period unless the suspension is overturned at the administrative hearing. A person who serves the entire administrative suspension is prohibited from obtaining another temporary alcohol restricted license pursuant to this section for a ten-year period. 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. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall must remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and"

    SECTION    5.    Section 56-5-2951(J) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

    "(J)(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, or enrolled in an Alcohol and Drug Safety Action Program. The special restricted license shall permit permits him to drive during the period of suspension only to and from work and his place of education, and in the course of his employment or education, or to and from an Alcohol and Drug Safety Action Program in which he is enrolled during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the individual that he is employed or enrolled in a college, or university, or an Alcohol and Drug Safety Action Program, that he lives further than one mile from his place of employment, or education, or Alcohol and Drug Safety Action Program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or Alcohol and Drug Safety Action Program.

        (2)    If the department issues a special restricted driver's license, it shall must 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, participation in a Alcohol and Drug Safety Action Program, or residence must be reported immediately to the department by the licensee.

        (3)    The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, Alcohol and Drug Safety Action Program, or residence is twenty dollars.

        (4)    The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460. A person who does not have in his possession while driving a certified copy of the approved route and display it upon demand to a law enforcement officer pursuant to Section 56-1-749 is subject to the penalties provided for in that section."

    SECTION    6.    Section 56-5-2951 of the 1976 Code, as last amended by Act 390 of 2000, is further amended by adding:

    "(S)    If the holder of a temporary alcohol restricted license receives a subsequent suspension pursuant to this section, the temporary alcohol restricted license must be revoked, and the remaining suspension period for which the temporary alcohol restricted license was issued must be imposed. The holder is not eligible for any other license until the suspension for which the temporary alcohol restricted license was issued has been either served completely or rescinded."

    SECTION    7.    This act takes effect upon approval by the Governor.    /

    Renumber sections to conform.

    Amend title to conform.

Majority favorable.    Minority unfavorable.

ADDISON G. WILSON    RALPH ANDERSON

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Department of Public Safety states there would be no impact on the General Fund of the State nor on federal and/or other funds. Route restricted driver license are approved through the Department of Motor Vehicles headquarters, and the drivers can receive a certified copy of the approval for the routes at no cost.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-325 SO AS TO PROVIDE THAT UPON ISSUING A PERSON A ROUTE RESTRICTED DRIVER'S LICENSE, THE DEPARTMENT OF PUBLIC SAFETY MUST PROVIDE THE PERSON WITH A COPY OF THE APPROVED ROUTE THAT HAS BEEN CERTIFIED BY THE DEPARTMENT'S MOTOR VEHICLE DIVISION, WHICH MUST BE CARRIED BY THE PERSON WHEN HE OPERATES A MOTOR VEHICLE AND WHICH MUST BE DISPLAYED UPON DEMAND BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A PERSON WHO FAILS TO MAINTAIN THE CERTIFIED COPY OF THE APPROVED ROUTE OR FAILS TO DISPLAY IT UPON DEMAND BY A LAW ENFORCEMENT OFFICER IS SUBJECT TO THE PENALTIES ASSOCIATED WITH DRIVING WITH A DRIVER'S LICENSE THAT HAS BEEN CANCELLED, SUSPENDED, OR REVOKED; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR DENIAL OF THE ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY FIVE-YEAR PERIOD, AND TO PROVIDE THAT IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO CERTAIN TESTS TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY TEN-YEAR PERIOD, AND TO PROVIDE THAT IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-1-325.    Upon issuing a person a route restricted driver's license, the Department of Public Safety must provide the person with a copy of the approved route that has been certified by the department's motor vehicle division. The certified copy of the approved route must be carried at all times by the person when he operates a motor vehicle, and must be displayed upon demand by a law enforcement officer. A person who fails to maintain the certified copy of the approved route or fails to display it upon demand by a law enforcement officer is subject to the penalties contained in Section 56-1-460."

SECTION    2.    Section 56-1-286(K)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

    "(1)    obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. However, only one temporary alcohol restricted license may be issued pursuant to this section in a five-year period. 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"

SECTION    3.    Section 56-1-286 of the 1976 Code, as last amended by Act 390 of 2000, is further amended by adding at the end:

    "(W)    If the holder of a temporary alcohol restricted license receives a subsequent suspension pursuant to this section, the temporary alcohol restricted license must be revoked, and the remaining suspension period for which the temporary alcohol restricted license was issued must be imposed. The holder is not eligible for any other driver's license, until the suspension for which the temporary alcohol restricted license was issued has been either served completely or rescinded."

SECTION    4.    Section 56-5-2951(D)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

    "(1)    obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. However, only one temporary alcohol restricted license may be issued pursuant to this section in a ten-year period. 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. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall must remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and"

SECTION    5.    Section 56-5-2951 of the 1976 Code, as last amended by Act 390 of 2000, is further amended by adding at the end:

    "(S)    If the holder of a temporary alcohol restricted license receives a subsequent suspension pursuant to this section, the temporary alcohol restricted license must be revoked, and the remaining suspension period for which the temporary alcohol restricted license was issued must be imposed. The holder is not eligible for any other license until the suspension for which the temporary alcohol restricted license was issued has been either served completely or rescinded."

SECTION    6.    This act takes effect upon approval by the Governor.

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