2005-2006 Bill 3524: Commercial Driver's License - South Carolina Legislature Online

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 H. 3524 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Townsend 10 Document Path: l:\council\bills\swb\6309cm05.doc 11 Companion/Similar bill(s): 406 12 13 Introduced in the House on February 10, 2005 14 Currently residing in the House Committee on Education and Public Works 15 16 Summary: Commercial Driver's License 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 2/10/2005 House Introduced and read first time HJ-9 23 2/10/2005 House Referred to Committee on Education and Public Works HJ-10 24 25 26 VERSIONS OF THIS BILL 27 28 2/10/2005 29 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE 13 THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL 14 ADMINISTER THE SOUTH CAROLINA COMMERCIAL 15 DRIVER’S LICENSE PROGRAM IN ACCORDANCE WITH 16 THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; 17 BY ADDING SECTION 56-1-2111, SO AS TO PROVIDE 18 CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR 19 VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER’S 20 LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR 21 PERMIT; BY ADDING SECTION 56-1-2112, SO AS TO 22 PROVIDE THAT A DRIVER WHO IS CONVICTED OF 23 OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF 24 CERTAIN RAILROAD-HIGHWAY GRADE CROSSING 25 PROVISIONS IS DISQUALIFIED FROM OPERATING A 26 COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD 27 OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO 28 DEFINITIONS OF TERMS CONTAINED IN THE SOUTH 29 CAROLINA COMMERCIAL DRIVER’S LICENSE ACT, SO 30 AS TO REVISE THE DEFINITIONS OF THE TERMS 31 “CONVICTION”, “SERIOUS TRAFFIC VIOLATION”, AND 32 “TANK VEHICLE”, AND TO PROVIDE DEFINITIONS FOR 33 THE TERMS “SCHOOL BUS”, AND “TRAFFIC VIOLATION”; 34 TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING 35 TO THE ISSUANCE OF COMMERCIAL DRIVER’S 36 LICENSES, SO AS TO MAKE TECHNICAL CHANGES, TO 37 PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES 38 MAY AUTHORIZE PRIVATE INSTITUTIONS TO 39 ADMINISTER THE SKILLS PORTION OF THE 40 COMMERCIAL DRIVER’S LICENSE TEST, TO PROVIDE 41 THAT THE FEDERAL MOTOR CARRIER SAFETY 42 ADMINISTRATION MAY RANDOMLY TEST COMMERCIAL

1 [3524] 1 1 DRIVER’S LICENSE APPLICANTS OR HOLDERS, AND 2 PROVIDE THAT A COMMERCIAL DRIVER’S LICENSE 3 APPLICANT OR HOLDER WHO FAILS RETESTING SHALL 4 LOSE HIS COMMERCIAL DRIVER’S LICENSE; TO AMEND 5 SECTION 56-1-2100, AS AMENDED, RELATING TO 6 CONTENTS OF A COMMERCIAL DRIVER’S LICENSE, THE 7 PRIVILEGES AFFORDED TO THE HOLDER OF A 8 COMMERCIAL DRIVER’S LICENSE WITH THE VARIOUS 9 CLASSIFICATIONS, ENDORSEMENTS, AND 10 RESTRICTIONS, AND THE ISSUANCE AND RENEWAL OF 11 A COMMERCIAL DRIVER’S LICENSE, SO AS TO PROVIDE 12 THAT THE “S” ENDORSEMENT AUTHORIZES A PERSON 13 TO DRIVE ANY SCHOOL BUS; TO AMEND SECTION 14 56-1-2110, AS AMENDED, RELATING TO MOVING 15 VIOLATIONS THAT DISQUALIFY A PERSON FROM 16 DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO 17 PROVIDE THAT THESE VIOLATIONS MAY BE 18 COMMITTED IN EITHER A COMMERCIAL OR 19 NONCOMMERCIAL MOTOR VEHICLE, TO MAKE 20 TECHNICAL CHANGES, TO PROVIDE THAT DRIVING A 21 COMMERCIAL MOTOR VEHICLE WHEN A PERSON’S 22 COMMERCIAL DRIVER’S LICENSE IS REVOKED, 23 SUSPENDED, OR CANCELLED DISQUALIFIES THE 24 PERSON FROM DRIVING A COMMERCIAL MOTOR 25 VEHICLE, TO PROVIDE THAT CAUSING A FATALITY 26 THROUGH THE NEGLIGENT OPERATION OF A 27 COMMERCIAL MOTOR VEHICLE DISQUALIFIES A 28 PERSON FROM DRIVING A COMMERCIAL MOTOR 29 VEHICLE, AND TO DEFINE THE TERM “SERIOUS TRAFFIC 30 VIOLATIONS”; AND TO AMEND SECTION 56-5-2735, 31 RELATING TO VEHICLES ENTERING INTO AN 32 INTERSECTION, CROSSWALK, OR RAILROAD CROSSING, 33 SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE 34 DRIVEN OR TOWED THROUGH OR OVER A RAILROAD 35 GRADE CROSSING UNTIL ITS DRIVER HAS DETERMINED 36 THAT THE VEHICLE HAS SUFFICIENT UNDER CARRIAGE 37 CLEARANCE TO NEGOTIATE THE RAILROAD GRADE 38 CROSSING. 39 40 Be it enacted by the General Assembly of the State of South 41 Carolina: 42

1 [3524] 2 1 SECTION 1. Article 13, Chapter 1, Title 56 of the 1976 Code is 2 amended by adding: 3 4 “Section 56-1-2005. The South Carolina Department of Motor 5 Vehicles shall administer the South Carolina Commercial Driver’s 6 License Program in accordance with the Federal Motor Carrier 7 Safety Regulations. The rules adopted by and regulations 8 promulgated by the United States Department of Transportation 9 (USDOT) relating to safety of operation and to equipment and the 10 rules adopted by and regulations promulgated by the USDOT 11 relating to hazardous material (49 CFR Parts 171-180 and as 12 amended) must be adopted and enforced in South Carolina.” 13 14 SECTION 2. Article 13, Chapter 1, Title 56 of the 1976 Code is 15 amended by adding: 16 17 “Section 56-1-2111. The department shall not issue a 18 commercial driver’s license or a commercial special license or 19 permit which includes a provisional, route restricted hardship, or 20 temporary license that permits a person to drive a commercial 21 motor vehicle during a period in which: 22 (1) the person is disqualified from operating a commercial 23 motor vehicle as defined by Section 383.5, or under the provisions 24 of Sections 383.73(g) or 384.231(b)(2) of the FMCSR; 25 (2) the commercial driver’s license holder’s noncommercial 26 driving privilege has been revoked, suspended, or cancelled; or 27 (3) any driver’s license held by the person is suspended, 28 revoked, or cancelled by the State where the driver is licensed for 29 any state or local law related to motor vehicle traffic control other 30 than parking violation.” 31 32 SECTION 3. Article 13, Chapter 1, Title 56 of the 1976 Code is 33 amended by adding: 34 35 “Section 56-1-2112. (A) A driver who is convicted of 36 operating a commercial motor vehicle in violation of a federal, 37 State, or local law or regulation pertaining to one of the following 38 six offenses at a railroad-highway grade crossing is disqualified 39 from operating a commercial motor vehicle for the period of time 40 specified in subsection (B): 41 (1) for drivers who are not required to always stop, failing to 42 slow down and check that the tracks are clear of an approaching 43 train;

1 [3524] 3 1 (2) for drivers who are not required to always stop, failing to 2 stop before reaching the crossing, if the tracks are not clear; 3 (3) for drivers who are always required to stop, failing to 4 stop before driving onto the crossing; 5 (4) for all drivers, failing to have sufficient space to drive 6 completely through the crossing without stopping; 7 (5) for all drivers, failing to obey a traffic control device or 8 the directions of an enforcement official at the crossing; 9 (6) for all drivers, failing to negotiate a crossing because of 10 insufficient undercarriage clearance. 11 (B) A person is disqualified from driving a commercial motor 12 vehicle for committing an offense contained in subsection (A) for 13 not less than: 14 (1) sixty days for the first conviction committed in a 15 commercial motor vehicle; 16 (2) one hundred twenty days for the second conviction 17 committed in a commercial motor vehicle arising from separate 18 incidents occurring within a three-year period; and 19 (3) one year for the third or subsequent conviction 20 committed in a commercial motor vehicle arising from separate 21 incidents occurring within a three-year period.” 22 23 SECTION 4. Section 56-1-2030 of the 1976 Code is amended to 24 read: 25 26 “Section 56-1-2030. As used in this article: 27 (1) ‘Commercial driver’s license’ means a license issued in 28 accordance with the requirements of the Commercial Motor 29 Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an 30 individual which authorizes the individual to drive a class of 31 commercial motor vehicle. 32 (2) ‘Commercial Driver’s License Information System’ means 33 the information system established pursuant to the Commercial 34 Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for 35 locating information related to the licensing and identification of 36 commercial motor vehicle drivers. 37 (3) ‘Commercial driver’s instruction permit’ means a permit 38 issued pursuant to Section 56-1-2080(D) of this article. 39 (4) ‘Commercial motor vehicle’ means a motor vehicle 40 designed or used to transport passengers or property if the vehicle: 41 (a) has a gross vehicle weight rating of twenty-six thousand 42 one or more pounds;

1 [3524] 4 1 (b) is designed to transport sixteen or more persons, 2 including the driver; or 3 (c) is transporting hazardous materials and is required to be 4 placarded in accordance with 49 C.F.R. part 172, subpart F. 5 (5) ‘CMVSA’ means the Commercial Motor Vehicle Safety 6 Act of 1986 (Title XII of Public Law 99-570). 7 (6) ‘Controlled substance’ means a substance classified under 8 Section 102(6) of the Controlled Substances Act (21 U.S.C. 9 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as 10 revised. 11 (7) ‘Conviction’ means an unvacated adjudication of guilty 12 guilt, or a determination that a person has violated or failed to 13 comply with the law in a court of original jurisdiction or an 14 authorized administrative tribunal, an unvacated forfeiture of bail 15 or collateral deposited to secure the person’s appearance in court, a 16 plea of guilty or nolo contendere accepted by the court, the 17 payment of a fine or court cost, or violation of a condition of 18 release without bail, regardless of whether or not the penalty is 19 rebated, suspended, or probated. 20 (8) ‘Disqualification’ means a withdrawal of the privilege to 21 drive a commercial motor vehicle. 22 (9) ‘Drive’ means to drive, operate, or be in physical control of 23 a motor vehicle. 24 (10) ‘Driver’ means a person who drives a commercial motor 25 vehicle or who is required to hold a commercial driver’s license. 26 (11) ‘Driver’s license’ means a license issued to an individual 27 which authorizes the individual to drive a motor vehicle. 28 (12) ‘Employer’ means a person, including the United States, a 29 state, or a political subdivision of a state who owns or leases a 30 commercial motor vehicle or assigns a person to drive a 31 commercial motor vehicle. 32 (13) ‘Endorsement’ means a special authorization to drive 33 certain types of vehicles or to transport certain types of property or 34 a certain number of passengers. 35 (14) ‘Felony’ means an offense under state or federal law that is 36 punishable by death or imprisonment for more than one year. 37 (15) ‘Foreign jurisdiction’ means a jurisdiction other than a state 38 of the United States. 39 (16) ‘Gross vehicle weight rating’ means the weight or the value 40 specified by the manufacturer as the maximum loaded weight of a 41 single or a combination vehicle. The gross vehicle weight rating of 42 a combination vehicle (commonly referred to as the ‘gross

1 [3524] 5 1 combination weight rating’) is the gross vehicle weight rating of 2 the power unit plus the gross vehicle weight rating of a towed unit. 3 (17) ‘Hazardous materials’ has the meaning as that found in 4 Section 103 of the Hazardous Materials Transportation Act (49 5 U.S.C. 1801, et seq.). 6 (18) ‘Motor vehicle’ means a vehicle which is self-propelled 7 and a vehicle which is propelled by electric power obtained from 8 overhead trolley wires but not operated upon rails, except a vehicle 9 moved solely by human power and motorized wheelchairs. 10 (19) ‘Out-of-service order’ means declaration by an authorized 11 enforcement officer of a federal, state, Canadian, Mexican, or local 12 jurisdiction that a person, a commercial motor vehicle, or a motor 13 carrier operation is out of service pursuant to 49 CFR Sections 14 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the 15 North American Uniform Out-of-Service Criteria. For purposes of 16 this article, regulations requiring disqualifications for violations of 17 out-of-service orders affect all vehicles with a gross combination 18 weight rating or gross vehicle weight rating greater than 10,000 19 pounds, as contained in 49 CFR Sections 383, 390.5, and 393 of 20 the Federal Motor Carrier Regulations. 21 (20) ‘Recreational vehicle’ means a self-propelled or towed 22 vehicle that is equipped to serve as temporary living quarters for 23 recreational, camping, or travel purposes and is used solely as a 24 family/personal conveyance. 25 (21) ‘Restriction’ means a prohibition against driving certain 26 types of vehicles or a requirement that the driver comply with 27 certain conditions when driving a motor vehicle. 28 (22) ‘Serious traffic violation’ means a conviction when 29 operating a commercial motor vehicle of: 30 (a) excessive speeding, involving a single charge for a speed 31 fifteen miles an hour or more above the speed limit; 32 (b) reckless driving, including charges of driving a 33 commercial motor vehicle in a wilful or wanton disregard for the 34 safety of persons or property; 35 (c) improper or erratic traffic lane changes; 36 (d) following the vehicle ahead too closely; or 37 (e) a violation of a state or local law related to motor vehicle 38 traffic control, other than a parking violation, arising in connection 39 with an accident or collision resulting in death or serious bodily 40 injury to a person. ; 41 (f) driving a commercial motor vehicle without obtaining a 42 commercial driver’s license;

1 [3524] 6 1 (g) driving a commercial motor vehicle without a 2 commercial driver’s license in the driver’s possession. A person 3 who provides proof to the law enforcement authority that issued 4 the citation, by the date the individual must appear in court or pay 5 any fine for the violation, that the individual held a valid 6 commercial driver’s license on the date the citation was issued, is 7 not guilty of this offense; or 8 (h) driving a commercial motor vehicle without the proper 9 class of commercial driver’s license, or endorsements for the 10 specific vehicle group being operated or for the passengers or type 11 of cargo being transported or both. 12 (23) ‘School bus’ means a commercial motor vehicle used to 13 transport pre - primary, primary, or secondary students from home 14 to school, from school to home, or to and from school - sponsored 15 events. School bus does not include a bus used as a common 16 carrier. 17 (24) ‘State’ means a state or territory of the United States and 18 the District of Columbia and the federal government and a 19 province or territory of Canada. 20 (24)(25) ‘Tank vehicle’ means a commercial motor vehicle that 21 is designed to transport a liquid or gaseous material within a tank 22 that either is attached permanently or temporarily to the vehicle 23 and which has a capacity of one thousand gallons or more or its 24 chassis. These vehicles include, but are not limited to, cargo tanks 25 and portable tanks as defined in 49 CFR Part 171. This definition 26 does not include portable tanks having a rated capacity under one 27 thousand gallons. 28 (25)(26) ‘United States’ means the fifty states and the District 29 of Columbia. 30 (26)(27) ‘Farm related vehicle’ means a vehicle used: 31 (a) in custom harvester operations; 32 (b) in livestock feeding operations; or 33 (c) by an agri-chemical business or a company which hauls 34 agri-chemical products to a farm. 35 (27)(28) ‘Seasonal restricted commercial driver’s license’ 36 means a commercial driver’s license issued under the authority of 37 the waiver promulgated by the Federal Department of 38 Transportation (57 Federal Register 13650) by the department to 39 an individual who has not passed the knowledge or skill test 40 required of other commercial driver’s license holders. This license 41 authorizes operation of a commercial motor vehicle only on a 42 seasonal basis, stated on the license, by a seasonal employee of a 43 custom harvester, livestock feeder, agri-chemical operation, and

1 [3524] 7 1 company hauling agri-chemical products to a farm within one 2 hundred fifty miles of the place of business 3 (29) ‘Traffic violation’ means the offenses contained in 49 CFR 4 383.51(D) regarding driving disqualifications for violating 5 railroad - highway grade crossing violations.” 6 7 SECTION 5. Section 56-1-2080(A) of the 1976 Code, as last 8 amended by Act 258 of 1998, is further amended to read: 9 10 “(A) (1) No A person may not be issued a commercial driver 11 driver’s license unless that person is a resident of this State and has 12 passed a knowledge and skills test for driving a commercial motor 13 vehicle which complies with the minimum federal standards 14 established by 49 CFR Part 383, Subparts F, G, and H, and has 15 satisfied all other requirements of the CMVSA as well as any other 16 requirements imposed by state law or federal regulation. The tests 17 must be prescribed and conducted by the department. 18 (2) The department may authorize a person, including an 19 agency of this or another state, an employer, a private driver 20 training facility or other private institutions, or a department, 21 agency, or instrumentality of local government, to administer the 22 skills test specified required by this section subsection if: 23 (a) the test is the same which otherwise would be 24 administered by the department; and 25 (b) the third party has entered into an agreement with the 26 department which contains at least the following provisions: 27 ( i) authorization for the department or the Federal 28 Highway Motor Carrier Safety Administration or its 29 representatives to conduct random examinations, inspections, and 30 audits without prior notice and randomly test commercial driver’s 31 license applicants or holders. An applicant or holder who fails 32 retesting shall lose his commercial driver’s license; 33 (ii) permission for the department or its representative 34 to conduct onsite inspections at least annually; 35 (iii) requirement that all third-party examiners meet the 36 same qualifications and training standards as the department’s 37 examiners to the extent necessary to conduct the driving skill tests; 38 (iv) authorization for the department to charge a fee, as 39 determined by the department, which is sufficient to defray the 40 actual costs incurred by the department for administering and 41 evaluating the employer testing program and for carrying out any 42 other activities considered necessary by the department to assure 43 sufficient training for the persons participating in the program.”

1 [3524] 8 1 2 SECTION 6. Section 56-1-2100(B)(2)(f) of the 1976 Code, as 3 added by Act 265 of 2000, is amended to read: 4 5 “(f) ‘S’ authorizes the person to drive Department of Education 6 school buses or school district owned activity buses.” 7 8 9 SECTION 7. Section 56-1-2100(F) of the 1976 Code is amended 10 to read: 11 12 “(F) Every A person applying for renewal of a commercial 13 driver driver’s license shall must complete the application form 14 required by Section 56-1-2090(A), providing and provide updated 15 information and required certifications. If the applicant wishes to 16 retain a hazardous materials endorsement, the written test for a 17 hazardous materials endorsement must be taken and passed again. 18 Every applicant must take and pass the written test for hazardous 19 material endorsement to obtain or retain the endorsement. The 20 person also shall submit to and pass a vision test.” 21 22 SECTION 8. Section 56-1-2110 of the 1976 Code, as last 23 amended by Act 459 of 1996, is further amended to read: 24 25 “Section 56-1-2110. (A) A person is disqualified from driving 26 a commercial motor vehicle for not less than one year if convicted 27 of a first violation of: 28 (1) driving a commercial motor vehicle under the influence 29 of alcohol, a controlled substance, or a drug which impairs driving 30 ability as prescribed by State law; 31 (2) driving a commercial motor vehicle while the alcohol 32 concentration of the person’s blood or breath or other bodily 33 substance is four-one hundredths or more; 34 (3) knowingly and wilfully leaving the scene of an accident 35 involving a commercial motor vehicle driven by the person; 36 (4) using a commercial motor vehicle in the commission of a 37 felony as defined in this article; 38 (5) refusal to submit to a test to determine the driver’s 39 alcohol concentration while driving a commercial motor vehicle.; 40 (6) driving a commercial motor vehicle when, as a result of 41 prior violations committed while operating a commercial motor 42 vehicle, the driver’s commercial driver’s license is revoked,

1 [3524] 9 1 suspended, or cancelled, or the driver is disqualified from 2 operating a commercial motor vehicle; 3 (7) causing a fatality through the negligent operation of a 4 commercial motor vehicle, including but not limited to the crimes 5 of motor vehicle manslaughter, homicide by a motor vehicle, and 6 negligent homicide. 7 If any of the above violations occur while transporting a 8 hazardous material required to be placarded, the person is 9 disqualified for not less than three years. 10 (B) A person is disqualified for life if convicted of two or more 11 violations of any of the offenses specified in subsection (A) or a 12 combination of those offenses, arising from two or more separate 13 incidents. 14 (C) Only offenses committed after the effective date of this 15 article may be considered in applying this subsection. 16 (D) The department may issue regulations establishing 17 guidelines, including conditions, under which a disqualification for 18 life under subsection (B) may be reduced to not less than ten years. 19 (E) A person commercial driver’s license holder is disqualified 20 from driving a commercial motor vehicle for life who uses a 21 commercial motor vehicle in the commission of a felony involving 22 the manufacture, distribution, or dispensing of a controlled 23 substance or possession with intent to manufacture, distribute, or 24 dispense a controlled substance. 25 (F) A person is disqualified from driving a commercial motor 26 vehicle for not less than sixty days if convicted of two serious 27 traffic violations or one hundred twenty days if convicted of three 28 serious traffic violations, committed in a commercial motor 29 vehicle arising from separate incidents occurring within a 30 three-year period. 31 (G) After suspending, revoking, or canceling a commercial 32 driver license, the department shall update its records to reflect that 33 action immediately. After suspending, revoking, or canceling a 34 nonresident commercial driver’s privilege, the department shall 35 notify the licensing authority of the state which issued the 36 commercial driver license or commercial driver instruction permit 37 within ten days. 38 (H) For purposes of this section, serious traffic violations are 39 those violations contained in Section 56 - 1 - 2030(22) and 49 CFR 40 383.5 and 383.51.” 41 42 SECTION 9. Section 56-5-2735 of the 1976 Code, as added by 43 Act 399 of 1992, is amended by adding at the end:

1 [3524] 10 1 2 “Section 56-5-2735. (A) Notwithstanding the indication of a 3 traffic signal to proceed, no driver shall enter an intersection or a 4 marked crosswalk or drive onto a railroad grade crossing unless 5 there is sufficient space on the other side of the intersection, 6 crosswalk, or railroad grade crossing to accommodate the vehicle 7 the driver is operating without obstructing the passage of other 8 vehicles, pedestrians, or railroad trains. 9 (B) No vehicle shall be driven on the left side of the roadway 10 while attempting to pass another vehicle within one hundred feet 11 of a railroad grade crossing. 12 (C) When stopping as required at a railroad crossing, the driver 13 shall keep as far to the right of the highway as possible and shall 14 not form two lanes of traffic unless the roadway is marked for two 15 or more lanes of traffic on the driver’s side of the center line of the 16 highway. 17 (D) A vehicle may not be driven or towed through or over a 18 railroad grade crossing until its driver has determined that the 19 vehicle has sufficient under carriage clearance to negotiate the 20 railroad grade crossing.” 21 22 SECTION 10. If any section, subsection, paragraph, 23 subparagraph, sentence, clause, phrase, or word of this act is for 24 any reason held to be unconstitutional or invalid, such holding 25 shall not affect the constitutionality or validity of the remaining 26 portions of this act, the General Assembly hereby declaring that it 27 would have passed this act, and each and every section, subsection, 28 paragraph, subparagraph, sentence, clause, phrase, and word 29 thereof, irrespective of the fact that any one or more other sections, 30 subsections, paragraphs, subparagraphs, sentences, clauses, 31 phrases, or words hereof may be declared to be unconstitutional, 32 invalid, or otherwise ineffective. 33 34 SECTION 11. The repeal or amendment by this act of any law, 35 whether temporary or permanent or civil or criminal, does not 36 affect pending actions, rights, duties, or liabilities founded thereon, 37 or alter, discharge, release or extinguish any penalty, forfeiture, or 38 liability incurred under the repealed or amended law, unless the 39 repealed or amended provision shall so expressly provide. After 40 the effective date of this act, all laws repealed or amended by this 41 act must be taken and treated as remaining in full force and effect 42 for the purpose of sustaining any pending or vested right, civil 43 action, special proceeding, criminal prosecution, or appeal existing

1 [3524] 11 1 as of the effective date of this act, and for the enforcement of 2 rights, duties, penalties, forfeitures, and liabilities as they stood 3 under the repealed or amended laws. 4 5 SECTION 12. This act takes effect upon approval by the 6 Governor. 7 ----XX---- 8

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