South Carolina General Assembly
117th Session, 2007-2008

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A232, R272, S880

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen, Knotts, Fair and Scott
Document Path: l:\s-res\gec\005cdls.mrh.doc
Companion/Similar bill(s): 4909

Introduced in the Senate on January 8, 2008
Introduced in the House on April 16, 2008
Last Amended on May 6, 2008
Passed by the General Assembly on May 8, 2008
Governor's Action: May 21, 2008, Signed

Summary: Drug Free Trucking Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/5/2007  Senate  Prefiled
   12/5/2007  Senate  Referred to Committee on Transportation
    1/8/2008  Senate  Introduced and read first time SJ-43
    1/8/2008  Senate  Referred to Committee on Transportation SJ-43
    4/8/2008  Senate  Committee report: Favorable with amendment 
                        Transportation SJ-5
    4/9/2008          Scrivener's error corrected
   4/15/2008  Senate  Committee Amendment Adopted SJ-13
   4/15/2008  Senate  Read second time SJ-13
   4/16/2008  Senate  Read third time and sent to House SJ-11
   4/16/2008  House   Introduced and read first time HJ-8
   4/16/2008  House   Referred to Committee on Judiciary HJ-9
   4/23/2008  House   Recalled from Committee on Judiciary HJ-100
   4/29/2008  House   Debate adjourned until Tuesday, May 6, 2008 HJ-26
    5/6/2008  House   Amended HJ-38
    5/6/2008  House   Read second time HJ-42
    5/7/2008  House   Read third time and returned to Senate with amendments 
                        HJ-7
    5/7/2008          Scrivener's error corrected
    5/8/2008  Senate  Concurred in House amendment and enrolled SJ-13
   5/15/2008          Ratified R 272
   5/21/2008          Signed By Governor
    6/2/2008          Copies available
    6/2/2008          Effective date 05/21/08
    6/4/2008          Act No. 232

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/5/2007
4/8/2008
4/9/2008
4/15/2008
4/23/2008
5/6/2008
5/7/2008


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A232, R272, S880)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 1, TITLE 56 SO AS TO ENACT THE "SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE DRUG TESTING ACT" WHICH PROVIDES DEFINITIONS FOR CERTAIN TERMS, REQUIRES CERTAIN EMPLOYERS TO PROVIDE REPORTS TO THE DEPARTMENT OF MOTOR VEHICLES THAT CONTAIN THE NAMES OF CERTAIN EMPLOYEES AND APPLICANTS FOR EMPLOYMENT WHO REFUSE TO PROVIDE A SPECIMEN FOR A DRUG OR ALCOHOL TEST, TEST POSITIVE FOR AN ILLEGAL SUBSTANCE, OR HAVE SUBMITTED A FRAUDULENT DRUG TEST SPECIMEN, REQUIRES CERTAIN MEDICAL REVIEW OFFICERS AND BREATH ALCOHOL TECHNICIANS TO REPORT TO THEIR EMPLOYERS THE RESULTS OF CERTAIN DRUG TESTS, AN EMPLOYEE'S REFUSAL TO SUBMIT TO A DRUG OR ALCOHOL TEST, AND AN EMPLOYEE'S SUBMISSION OF A FRAUDULENT DRUG TEST SPECIMEN, PROVIDES THAT CERTAIN REPORTS THAT ARE GENERATED PURSUANT TO THIS ARTICLE ARE SUBJECT TO INSPECTION BY THE DEPARTMENT OF PUBLIC SAFETY, PROVIDES THAT EVIDENCE INCLUDED IN A PERSON'S MOTOR VEHICLE RECORD THAT INDICATES THAT HE TESTED POSITIVE ON A DRUG OR ALCOHOL CONFIRMATION TEST, REFUSED TO SUBMIT TO A DRUG OR ALCOHOL CONFIRMATION TEST, OR SUBMITTED A DILUTED OR ADULTERATED SPECIMEN IS NOT ADMISSIBLE IN A JUDICIAL ACTION UNLESS PROBATIVE TO DEMONSTRATE THAT HE WAS UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AT THE TIME OF AN ACCIDENT THAT IS THE SUBJECT OF THE ACTION, PROVIDES A PENALTY FOR THE FAILURE TO SUPPLY CERTAIN REPORTS TO THE DEPARTMENT OF MOTOR VEHICLES AND A PENALTY FOR AN EMPLOYER WHO EMPLOYS A PERSON IN A SAFETY SENSITIVE FUNCTION WHEN THE EMPLOYER KNOWS THE EMPLOYEE IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE, PROVIDES THAT THESE PENALTIES DO NOT APPLY TO THE STATE OR ITS POLITICAL SUBDIVISIONS, PROVIDES THAT A PERSON IS IMMUNE FROM LIABILITY FOR THE GOOD FAITH PERFORMANCE OF ANY DUTY IMPOSED BY THIS ARTICLE, AND PROVIDES THAT FINES COLLECTED PURSUANT TO THIS ARTICLE MUST BE CREDITED TO THE DEPARTMENT OF PUBLIC SAFETY'S TRANSPORT POLICE DIVISION; AND TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO CERTAIN CONDUCT THAT DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE IF THE DEPARTMENT OF MOTOR VEHICLES HAS RECEIVED A REPORT THAT SHOWS THE PERSON HAS RECEIVED A VERIFIED POSITIVE DRUG TEST, A POSITIVE ALCOHOL CONFIRMATION TEST, OR REFUSED TO TAKE A DRUG OR ALCOHOL TEST, AND TO PROVIDE FOR THE PERIOD OF DISQUALIFICATION FOR ENGAGING IN THIS CONDUCT.

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

Commercial Driver's License Drug Testing Act

SECTION    1.    Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Article 14

South Carolina Commercial Driver's License Drug Testing Act

Section 56-1-2210.    (1)    Unless otherwise specified, the terms used in this article have the same meaning as those terms defined in 49 C.F.R. 40.3.

(2)    For purposes of this article, 'employer' includes all motor carriers or employers who employ drivers who operate commercial motor vehicles and who are required to have a drug and alcohol testing program pursuant to the Federal Motor Carrier Safety Regulations, 49 C.F.R. 382, or to a consortium to which the carrier or employer belongs and consortiums or third party administrators who perform drug and alcohol testing services pursuant to 49 C.F.R. 382 for an owner-operator.

(3)    For purposes of this article, 'employee' includes a person holding a resident or nonresident commercial motor vehicle driver's license employed by an employer described in subsection (2) who performs a safety sensitive function, or an owner-operator subject to testing by a consortium or third party administrator who performs drug and alcohol testing services pursuant to 49 C.F.R. 382.

(4)    For purposes of this article, 'applicant' means a person holding a resident or nonresident commercial motor vehicle driver's license seeking employment with an employer described in subsection (2) who will perform a safety sensitive function as part of his employment.

Section 56-1-2220.    (A)    All employers shall report to the Department of Motor Vehicles within three business days a refusal by an employee or applicant made to the employer to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. 40.

(B)    All medical review officers or breath alcohol technicians hired by or under contract to an employer shall report to the employer within three business days:

(1)    a verified positive drug test or positive alcohol confirmation test of an employee or applicant;

(2)    a refusal by an employee or applicant to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. 40; or

(3)    the submission of an adulterated specimen, a diluted positive specimen, or a substituted specimen by an employee or applicant.

(C)    Employers shall make it a written condition of their contract or agreement with a medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath alcohol technician is located, that the medical review officer or breath alcohol technician is required to report to the employer the information required by subsection (B).

(D)    Upon receipt of the notification from a medical review officer or a breath alcohol technician, employers shall report to the department within three business days:

(1)    a verified positive drug test or positive alcohol confirmation test of an employee or applicant;

(2)    a refusal by an employee or applicant made to a medical review officer or breath alcohol technician to provide a specimen for a drug or alcohol test under circumstances that constitute the refusal of a test under 49 C.F.R. 40; or

(3)    the submission of an adulterated specimen, a diluted positive specimen, or a substituted specimen by an employee or applicant.

(E)    The notification required by this section must be made in a manner approved by the department and must include on the notification submitted to the department a coding method that indicates whether the person who is the subject of the notification is an employee or applicant.

(F)    An employer must maintain a record of the notification to the department on each employee or applicant for three years.

(G)    The records required by this section are subject to inspection by the Department of Public Safety.

(H)    Evidence included in a person's motor vehicle record that indicates the person tested positive on a drug or alcohol confirmation test, refused to submit to a drug or alcohol confirmation test, or submitted a diluted or adulterated specimen is not admissible in any action unless probative to demonstrate that the person was under the influence of drugs or alcohol at the time of an accident that is the subject of the action.

Section 56-1-2230.    (A)    An employer, medical review officer, or breath alcohol technician who knowingly fails to make a report to the Department of Motor Vehicles as required by this article is subject to a fine of up to five hundred dollars.

(B)    An employer who employs a person in a safety sensitive function when the employer knows the employee is disqualified from driving a commercial motor vehicle pursuant to Section 56-1-2110(G) is subject to a fine of up to two thousand dollars.

(C)    The penalties provided by this section do not apply to the State, a state agency, or a political subdivision.

(D)    Any person or entity is immune from liability for the good faith performance of any duty imposed by this article.

(E)    Fines collected pursuant to this section must be credited to the Department of Public Safety's Transport Police Division."

Disqualification from driving a commercial motor vehicle

SECTION    2.    Section 56-1-2110 of the 1976 Code, as last amended by Act 42 of 2005, is further amended to read:

"Section 56-1-2110.    (A)    A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:

(1)    driving a motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability as prescribed by state law;

(2)    driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four one-hundredths or more;

(3)    leaving the scene of an accident involving a motor vehicle driven by the person;

(4)    using a motor vehicle in the commission of a felony as defined in this article;

(5)    refusal to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;

(6)    driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;

(7)    causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide. If any of the above violations occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.

(B)    A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.

(C)    Only offenses committed after the effective date of this article may be considered in applying this subsection.

(D)    The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.

(E)    A commercial driver's license holder is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.

(F)    A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period.

(G)    A person is disqualified from driving a commercial motor vehicle if a report pursuant to Section 56-1-2220 has been received by the Department of Motor Vehicles that the person has received a verified positive drug test or positive alcohol confirmation test, or refused to take a drug or alcohol test. A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the substance abuse professional certified in a manner approved by the Department of Alcohol and Other Drug Abuse Services that the person has successfully completed a drug or alcohol treatment or education program as recommended by the substance abuse professional. A person who is disqualified under this subsection more than three times in a five-year period is disqualified for life.

(H)    After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver's license or commercial driver's instruction permit within ten days.

(I)    For purposes of this section, serious traffic violations are those violations contained in Section 56-1-2030(22) and 49 C.F.R. 383.5 and 383.51."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2008.

Approved the 21st day of May, 2008.

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