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A328, R362, S1287
STATUS INFORMATION
General Bill
Sponsors: Senator Verdin
Document Path: l:\council\bills\swb\6789cm06.doc
Introduced in the Senate on March 28, 2006
Introduced in the House on May 2, 2006
Last Amended on May 17, 2006
Passed by the General Assembly on May 30, 2006
Became law without Governor's signature, June 7, 2006
Summary: Driver instructor permit
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/28/2006 Senate Introduced and read first time SJ-6
3/28/2006 Senate Referred to Committee on Transportation SJ-6
4/25/2006 Senate Polled out of committee Transportation SJ-18
4/25/2006 Senate Committee report: Favorable Transportation SJ-18
4/26/2006 Senate Read second time SJ-32
4/27/2006 Senate Read third time and sent to House SJ-34
5/2/2006 House Introduced and read first time HJ-21
5/2/2006 House Referred to Committee on Education and Public Works HJ-21
5/10/2006 House Committee report: Favorable with amendment Education and
Public Works HJ-96
5/16/2006 House Debate adjourned until Wednesday, May 17, 2006 HJ-16
5/17/2006 House Amended HJ-37
5/17/2006 House Read second time HJ-41
5/18/2006 House Read third time and returned to Senate with amendments
HJ-38
5/18/2006 Scrivener's error corrected
5/30/2006 Senate Concurred in House amendment and enrolled SJ-100
5/31/2006 Ratified R 362
6/7/2006 Became law without Governor's signature
6/12/2006 Copies available SJ-2
6/12/2006 Effective date 01/01/07
6/16/2006 Act No. 328
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/28/2006
4/25/2006
5/10/2006
5/17/2006
5/18/2006
(A328, R362, S1287)
AN ACT TO AMEND SECTION 56-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF DRIVER TRAINING SCHOOLS, SO AS TO PROVIDE THAT CERTAIN PERSONS MAY NOT CONDUCT EITHER THE CLASSROOM OR THE BEHIND THE WHEEL TRAINING, OR BOTH, UNLESS HE HOLDS A DRIVER TRAINING SCHOOL LICENSE, AND TO PROVIDE THAT A PERSON MAY HOLD A LICENSE TO TEACH CLASSROOM ONLY OR TO TEACH BEHIND THE WHEEL TRAINING ONLY; TO AMEND SECTION 56-23-40, RELATING TO THE ANNUAL LICENSE FEE FOR A LICENSED DRIVER TRAINING SCHOOL, SO AS TO INCREASE THE FEE, AND TO REQUIRE A LICENSED DRIVER TRAINING SCHOOL TO OBTAIN A CORPORATE SURETY BOND; TO AMEND SECTION 56-23-60, RELATING TO THE ESTABLISHMENT OF MINIMUM STANDARDS FOR THE OPERATION OF DRIVER TRAINING SCHOOLS, SO AS TO PROVIDE THAT CERTAIN RECORDS OF ACTIVITIES AND OPERATIONS OF THESE SCHOOLS MUST BE MADE AVAILABLE FOR REVIEW BY THE DEPARTMENT OF MOTOR VEHICLES; TO AMEND SECTION 56-23-70, RELATING TO DRIVER INSTRUCTOR QUALIFYING COURSES, SO AS TO REVISE THE NUMBER OF TIMES THE COURSES MUST BE OFFERED DURING A YEAR; TO AMEND SECTION 56-23-80, RELATING TO THE ISSUANCE OF TEMPORARY INSTRUCTOR PERMITS, SO AS TO INCREASE THE FEE CHARGED FOR A PERMIT, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUDIT A TEMPORARY DRIVER INSTRUCTOR'S ACTIVITIES AND INSTRUCTION, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF TEMPORARY INSTRUCTOR PERMITS; TO AMEND SECTION 56-23-85, RELATING TO DRIVER INSTRUCTOR PERMITS AND TEMPORARY DRIVER INSTRUCTOR PERMITS, SO AS TO REVISE THE TYPE OF TRAINING A PERSON WHO HOLDS A DRIVER INSTRUCTOR PERMIT OR A TEMPORARY DRIVER INSTRUCTOR PERMIT MAY OFFER, TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS OBTAINED FROM THE SALE OF INSTRUCTOR PERMITS; AND BY ADDING SECTION 56-23-100 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE CERTAIN REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Licensing of driver training schools
SECTION 1. Section 56-23-10 of the 1976 Code is amended to read:
"Section 56-23-10. A person may not engage in the business of training or educating persons to drive or operate motor vehicles or offer training or education to conduct either the classroom or the behind the wheel training, or both, for which a fee or charge is made, unless and until the person has obtained and holds a valid driver training school license issued by the Department of Motor Vehicles. A person may hold a license to teach classroom only or to teach behind the wheel training only. The licensee must have a permanent location in this State and all motor vehicles used for behind the wheel instruction must be registered in this State. If licensed for classroom training only, the motor vehicle requirement shall be waived."
Annual license fee
SECTION 2. Section 56-23-40 of the 1976 Code is amended to read:
"Section 56-23-40. The annual license fee for each driver training school licensed under the provisions of this chapter is fifty dollars. Prior to operation, each licensed driver training school also must obtain a corporate surety bond in the amount of ten thousand dollars. The bond must be given to the department and executed by the applicant as principal, and by a corporate surety company authorized to do business in this State as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by a person having retained services of a driver training school. Licenses issued pursuant to this section expire on June thirtieth of the license year of issue. The proceeds from the sale of driver training school licenses must be placed in the state general fund for the administration and enforcement of this chapter and title."
Operation of driver training schools
SECTION 3. Section 56-23-60 of the 1976 Code is amended to read:
"Section 56-23-60. The Department of Motor Vehicles may establish minimum standards for the operation of driver training schools authorized to be licensed under the provisions of this chapter and prescribe conditions of operation of the schools. The minimum standards must include, but are not limited to, a requirement that driver training schools have or have access to sufficient facilities and equipment to conduct an eight-hour defensive driving course for a minimum of ten students. All activities and operations of licensed driver training schools are at all times subject to inspection or examination by authorized representatives of the department. In addition, records of these activities and operations must be made available at the permanent location in this State for review by the department upon its request."
Driver instructor qualifying courses
SECTION 4. Section 56-23-70 of the 1976 Code is amended to read:
"Section 56-23-70. Driver instructor qualifying courses may be conducted by recognized college, university, or driving school instructors who successfully have completed an approved forty-hour safety education course from a recognized college or university and have acquired an instructor permit from the Department of Motor Vehicles. Where such qualifying courses are offered, they must be supervised by the department and must be offered at least once a year."
Issuance of temporary instructor permits
SECTION 5. Section 56-23-80 of the 1976 Code is amended to read:
"Section 56-23-80. Temporary instructor permits may be issued after special examination by the Department of Motor Vehicles and upon payment of a twenty-dollar fee to the department. Temporary instructor permits are valid for six months and until the next available and approved qualifying class, but in no event shall such permits exceed one year. A temporary driver instructor's activities and instruction are subject to an audit of driving skills and classroom teaching by authorized representatives of the department. The proceeds from the sale of temporary instructor permits must be deposited in the state general fund."
Driver instructor permits
SECTION 6. Section 56-23-85 of the 1976 Code is amended to read:
"Section 56-23-85. A person connected with driver training schools or private, parochial, or public high schools shall not engage in either classroom only instruction, or behind the wheel only instruction, or both, unless the person has obtained and holds a valid driver instructor permit or temporary driver instructor permit issued by the Department of Motor Vehicles.
Appropriate examination for an instructor permit must be at the discretion of the department. The annual fee for an instructor permit is twenty dollars, and all instructor permits expire on June thirtieth. Public and private high school instructors are not required to pay a fee for a permit. The proceeds from the sale of instructor permits must be deposited in the state general fund."
Promulgation of regulations
SECTION 7. Chapter 23, Title 56 of the 1976 Code is amended by adding:
"Section 56-23-100. The Department of Motor Vehicles may promulgate regulations to carry out the provisions contained in this chapter."
Savings clause
SECTION 8. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Time effective
SECTION 9. This act takes effect January 1, 2007.
Ratified the 31st day of May, 2006.
Became law without the signature of the Governor -- 6/7/06.
This web page was last updated on Friday, December 4, 2009 at 3:36 P.M.