Current Status Bill Number:4760 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960319 Primary Sponsor:Easterday All Sponsors:Easterday, Cain, Jaskwhich, Koon, Kelley, Richardson, Keegan and Marchbanks Drafted Document Number:pt\2343sd.96 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:DUI, drivers license suspension of minor not in school
Body Date Action Description Com Leg Involved
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House 19960319 Introduced, read first time, 21 HEPW
referred to Committee
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TO AMEND SECTION 56-1-746, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A MINOR'S DRIVER'S LICENSE FOR POSSESSING BEER, WINE, OR ALCOHOLIC LIQUOR AND FOR CERTAIN OTHER OFFENSES, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF ANY CHILD LESS THAN EIGHTEEN YEARS OF AGE WHO HAS NOT GRADUATED FROM HIGH SCHOOL AND WHO IS NOT ENROLLED IN SCHOOL SHALL BE SUSPENDED, TO PROVIDE THE PROCEDURES FOR THIS SUSPENSION, TO PROVIDE FOR THE DURATION OF THE SUSPENSION, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-746 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"(E)(1) The Department of Public Safety shall also suspend the driver's license in the manner and under the conditions provided in this section of any child less than eighteen years of age who has not graduated from high school (including a GED) and who is not enrolled in school or who has not completed a school district interdiction program for excessive absences and whose case has been transferred to the Family Court. The provisions of this section do not apply to an emancipated minor who is gainfully employed but not enrolled in school, and school for purposes of this section includes K-12 and post-secondary education.
(2) Each school district monthly during the regular school term shall report to the department the names of its students who have been referred to the Family Court during the previous month for excessive absences or who the district attendance records indicate have not attended school for unexcused reasons during the previous month. The department shall then suspend the driver's license of these students to be effective thirty days after a notice of suspension has been forwarded to the student at the address shown on his driver's license. Within this thirty-day time period, the student may enroll or reenroll in school, including an alternative school or complete the district interdiction program, and this will stay the suspension upon satisfactory proof of enrollment, reenrollment, or completion to the department. Additionally, the department upon the student's request, must grant the student a hearing within this thirty-day period where the department for good cause shown may stay the suspension. The department, in its sole discretion, may also grant a special restricted driver's license to a student for work purposes in the manner allowed by subsection (D).
(3) The suspension period shall last until the student:
(a) reaches his eighteenth birthday;
(b) becomes emancipated and gainfully employed; or
(c) enrolls or reenrolls in good standing in school including an alternative school."
SECTION 2. This act takes effect upon approval by the Governor.