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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 18, 2002
H. 3959
Introduced by Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks
S. Printed 4/18/02--H. [SEC 4/19/02 12:37 PM]
Read the first time April 18, 2001.
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 TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE 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 EITHER DRIVER'S LICENSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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) Any 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 begin 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."
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, or 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, or 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."
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, or place of education, or the location of his Alcohol an Drug Safety Action Program classes, and that there is no adequate public transportation between his residence and his place of employment, or 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."
SECTION 4. This act takes effect upon approval by the Governor.
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