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COMMITTEE REPORT
May 10, 2006
S. 1287
S. Printed 5/10/06--H.
Read the first time May 2, 2006.
To whom was referred a Bill (S. 1287) to amend Section 56-23-85, Code of Laws of South Carolina, 1976, relating to driver instructor permits, so as to provide that private high school instructors, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-23-10 of the 1976 Code is amended to read:
"Section 56-23-10. No 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."
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 shall be fifty is one hundred dollars,. and all such licenses 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 shall pursuant to this section expire on June thirtieth of the license year of issue. The proceeds from the sale of driver training school licenses shall must be placed in the state general fund for the administration and enforcement of this chapter and title."
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."
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 or university or driving school instructors who have 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 shall must be supervised by the department and shall must be offered at least twice once a year."
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 ten twenty dollar fee to the Department department. Temporary instructor permits shall be 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."
SECTION 6. Section 56-23-85 of the 1976 Code is amended to read:
"Section 56-23-85. No A person connected with driver training schools or private, parochial, or public high schools shall not engage in behind the wheel training of persons to drive or operate motor vehicles either classroom only instruction, or behind the wheel only instruction, or both, unless such the person has obtained and holds a valid driver instructor permit or temporary driver instructor permit therefor issued by the Department of Motor Vehicles.
Appropriate examination for such a instructor permit shall must be at the discretion of the department. The annual fee for an instructor permit shall be is twenty dollars, and all such instructor permits shall expire on June thirtieth. Public and private high school instructors shall are not be required to pay a fee for a permit. The proceeds from the sale of instructor permits must be deposited in the state general fund."
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."
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.
SECTION 9. This act takes effect January 1, 2007. /
Renumber sections to conform.
Amend title to conform.
RONALD P. TOWNSEND for Committee.
TO AMEND SECTION 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-23-85 of the 1976 Code is amended to read:
"Section 56-23-85. No A person connected with driver training schools or private, parochial, or public high schools shall not engage in behind the wheel training of persons to drive or operate motor vehicles unless such the person has obtained and holds a valid driver instructor permit or temporary driver instructor permit therefor issued by the Department of Motor Vehicles.
Appropriate examination for such an instructor permit shall must be at the discretion of the department. The annual fee for an instructor permit shall be is twenty dollars, and all such instructor permits shall expire on June thirtieth. Public and private high school instructors shall are not be required to pay a fee for a permit."
SECTION 2. This act takes effect upon approval by the Governor.
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