H 3174 Session 111 (1995-1996)
H 3174 General Bill, By P.B. Harris and Richardson
A Bill to amend Section 56-1-50, as amended, Code of Laws of South Carolina,
1976, relating to a beginner's driving permit, so as to increase its fee and
place a portion of the fee in the Motorcycle Safety Education Trust
Fund.-short title
12/21/94 House Prefiled
12/21/94 House Referred to Committee on Education and Public Works
01/10/95 House Introduced and read first time HJ-68
01/10/95 House Referred to Committee on Education and Public
Works HJ-69
04/25/95 House Committee report: Favorable with amendment
Education and Public Works HJ-3
04/26/95 House Debate adjourned until Tuesday, May 2, 1995 HJ-107
05/02/95 House Objection by Rep. Simrill, Kirsh & S. Whipper HJ-17
05/02/95 House Debate adjourned until Tuesday, May 9, 1995 HJ-17
05/09/95 House Objection by Rep. Vaughn & Herdklotz HJ-22
05/16/95 House Objection withdrawn by Rep. Vaughn HJ-31
05/16/95 House Objection by Rep. Kelly, Knotts & Moody-Lawrence HJ-32
05/30/95 House Debate adjourned until Wednesday, May 31, 1995 HJ-50
01/11/96 House Debate adjourned until Wednesday, January 17,
1996 HJ-34
01/18/96 House Debate adjourned until Wednesday, January 24,
1996 HJ-21
01/24/96 House Debate adjourned until Wednesday, January 31,
1996 HJ-28
01/31/96 House Debate adjourned until Wednesday, May 1, 1996 HJ-19
05/01/96 House Debate adjourned until Thursday, May 2, 1996 HJ-73
05/07/96 House Recommitted to Committee on Education and Public
Works HJ-38
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 25, 1995
H. 3174
Introduced by REPS. P. Harris and Richardson
S. Printed 4/25/95--H.
Read the first time January 10, 1995.
THE COMMITTEE ON EDUCATION AND PUBLIC
WORKS
To whom was referred a Bill (H. 3174), to amend Section
56-1-50, as amended, Code of Laws of South Carolina, 1976,
relating to a beginner's driving permit, so as to increase its fee, etc.,
respectfully
REPORT:
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 Section 56-1-50
as contained in SECTION 1, beginning on page 2, and inserting:
/"Section 56-1-50. A person who is at least fifteen years of
age may apply to the department for a beginner's permit. After the
applicant has passed successfully all parts of the examination other
than the driving test, the department may issue to the applicant a
beginner's permit which entitles the applicant having the permit in
his immediate possession to drive a motor vehicle on the public
highways for not more than twelve months. While driving the
permittee must be accompanied by a licensed driver eighteen years
of age or older who has had at least one year of driving experience,
and who is occupying a seat beside the driver, except when the
permittee is operating a motorcycle. A three-wheel vehicle requires
the accompanying driver to be directly behind the driver on a
saddle-type seat or beside the driver on a bench-type seat. A
beginner's permit may be renewed or a new permit issued for
additional periods of twelve months, but the department may refuse
to renew or issue a new permit where the examining officer has
reason to believe the applicant has not made a bona fide effort to
pass the required driver's road test or does not appear to the
examining officer to have the aptitude to pass the road test. The
fee for every a beginner's or renewal permit is two
dollars and fifty cents except that for a motorcycle beginner's
permit or permit renewal, the fee is five dollars and fifty cents,
and the permit must bear the full name, date of birth, and residence
address and a brief description and color photograph of the
permittee and a facsimile of the signature of the permittee or a
space upon which the permittee shall write his usual signature with
pen and ink immediately upon receipt of the permit. Three
dollars of the motorcycle permit or permit renewal fee must be
placed in the South Carolina Motorcycle Safety Education Trust
Fund pursuant to Section 59-53-2024. No permit is valid until
it has been so signed by the permittee.
A student regularly enrolled in a high school of this State which
conducts a driver training course is not required to obtain a
beginner's permit to operate a motor vehicle while the student is
participating in the driver training course and when accompanied by
a qualified instructor of the driver training course.
Also exempted from the requirement of the beginner's permit
are persons enrolled in driver training courses conducted by driver
training schools licensed under Chapter 23 of this title. However,
these persons at all times must be accompanied by an instructor of
the school and may drive only an automobile owned or leased by
the school which is covered by liability insurance in an amount not
less than the minimum required by law."/
Amend further, Section 56-3-760, SECTION 3, page 3, line 39,
by striking /Four/ and inserting /Eight/.
When amended the section reads:
/"Section 56-3-760. For every motorcycle or motor-driven
cycle the biennial registration fee is ten eighteen
dollars. Eight dollars of this fee must be placed in the South
Carolina Motorcycle Safety Education Trust Fund pursuant to
Section 59-53-2024."/
Amend further, Section 59-53-2024(B)(1), SECTION 7, page 6,
line 16, by striking /four/ and /annual/ and inserting /eight/ and
/biennial/.
When amended the subsection reads:
/(B) All monies received from the voluntary contribution system
established in Section 59-53-2040 and the following revenues must
be placed on deposit with the State Treasurer in an interest-bearing
account:
(1) eight dollars of the biennial registration fee for each
registered motorcycle;
(2) three dollars of the application fee for a motorcycle
learner's permit;
(3) two dollars of the fee for each original or renewal
motorcycle driver's license./
Amend title to conform.
RONALD P. TOWNSEND, for Committee.
A BILL
TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO A
BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS
FEE AND PLACE A PORTION OF THE FEE IN THE
MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO
AMEND SECTION 56-1-140, AS AMENDED, RELATING TO
THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND
CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE
FEE AND PLACE A PORTION OF THE FEE IN THE
MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO
AMEND SECTION 56-3-760, AS AMENDED, RELATING TO
REGISTRATION FEE FOR MOTORCYCLES AND
MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE
AND PLACE A PORTION OF THE FEE IN THE
MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO
AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE
MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS
TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020,
RELATING TO THE CREATION, ADMINISTRATION,
INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH
THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO
AS TO ELIMINATE THE "MOTORCYCLE SAFETY
INSTRUCTION PROGRAM", TO CREATE THE
"MOTORCYCLE SAFETY EDUCATION
PROGRAM", TO ESTABLISH THE MOTORCYCLE
SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S
PURPOSE, COURSE ENROLLMENT REQUIREMENTS,
INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY
ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE
STATE BOARD FOR TECHNICAL AND COMPREHENSIVE
EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND
PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO
CREATE, ESTABLISH REVENUE SOURCES FOR, AND
PROVIDE FOR THE ADMINISTRATION OF THE SOUTH
CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST
FUND; BY ADDING SECTION 59-53-2026 SO AS TO
ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN
DEVELOPING, ESTABLISHING, AND MAINTAINING THE
MOTORCYCLE SAFETY EDUCATION PROGRAM; BY
ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE
EXECUTIVE DIRECTOR OF THE STATE BOARD FOR
TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE
A BIANNUAL REPORT REGARDING THE MOTORCYCLE
SAFETY EDUCATION PROGRAM; AND TO REPEAL
SECTION 59-53-2030 RELATING TO PROGRAM
ENROLLMENT FEES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-1-50 of the 1976 Code, as last
amended by Section 121, Part II, Act 497 of 1994, is further
amended to read:
"Section 56-1-50. A person who is at least fifteen years of
age may apply to the department for a beginner's permit. After the
applicant has passed successfully all parts of the examination other
than the driving test, the department may issue to the applicant a
beginner's permit which entitles the applicant having the permit in
his immediate possession to drive a motor vehicle on the public
highways for not more than twelve months. While driving the
permittee must be accompanied by a licensed driver eighteen years
of age or older who has had at least one year of driving experience,
and who is occupying a seat beside the driver, except when the
permittee is operating a motorcycle. A three-wheel vehicle requires
the accompanying driver to be directly behind the driver on a
saddle-type seat or beside the driver on a bench-type seat. A
beginner's permit may be renewed or a new permit issued for
additional periods of twelve months, but the department may refuse
to renew or issue a new permit where the examining officer has
reason to believe the applicant has not made a bona fide effort to
pass the required driver's road test or does not appear to the
examining officer to have the aptitude to pass the road test. The
fee for every beginner's or renewal permit is two
five dollars and fifty cents, and the permit must bear the
full name, date of birth, and residence address and a brief
description and color photograph of the permittee and a facsimile of
the signature of the permittee or a space upon which the permittee
shall write his usual signature with pen and ink immediately upon
receipt of the permit. Three dollars of this fee must be placed
in the South Carolina Motorcycle Safety Education Trust Fund
pursuant to Section 59-53-2024. No permit is valid until it has
been so signed by the permittee.
A student regularly enrolled in a high school of this State which
conducts a driver training course is not required to obtain a
beginner's permit to operate a motor vehicle while the student is
participating in the driver training course and when accompanied by
a qualified instructor of the driver training course.
Also exempted from the requirement of the beginner's permit
are persons enrolled in driver training courses conducted by driver
training schools licensed under Chapter 23 of this title. However,
these persons at all times must be accompanied by an instructor of
the school and may drive only an automobile owned or leased by
the school which is covered by liability insurance in an amount not
less than the minimum required by law."
SECTION 2. Section 56-1-140 of the 1976 Code, as last
amended by Section 55, Part II, Act 497 of 1994, is further
amended to read:
"Section 56-1-140. Upon the payment of a fee of twelve
dollars and fifty cents for a basic driver's license, or fourteen
dollars and fifty cents for a motorcycle driver's license, the
department shall issue to every qualified applicant a driver's license
as applied for. The license must bear on it a distinguishing number
assigned to the licensee, the full name, date of birth, and residence
address and a brief description and laminated colored photograph of
the licensee, and a facsimile of the signature of the licensee or a
space upon which the licensee shall write his usual signature with
pen and ink immediately upon receipt of the license. No license is
valid until it has been so signed by the licensee. The license
authorizes the licensee to operate only those classifications of
vehicles as indicated on the license. Two dollars of the fee for
a motorcycle driver's license must be placed in the South Carolina
Motorcycle Safety Education Trust Fund pursuant to Section
59-53-2024."
SECTION 3. Section 56-3-760 of the 1976 Code, as last
amended by Act 164 of 1993, is further amended to read:
"Section 56-3-760. For every motorcycle or motor-driven
cycle the biennial registration fee is ten fourteen
dollars. Four dollars of this fee must be placed in the South
Carolina Motorcycle Safety Education Trust Fund pursuant to
Section 59-53-2024."
SECTION 4. Section 59-53-2010 of the 1976 Code, as added by
Act 565 of 1990, is amended to read:
"Section 59-53-2010. As used in this article:
(1) `Program' means a statewide motorcycle safety
instruction education program.
(2) `Coordinator Executive Director' means
the administrator of the program Executive Director of
the State Board for Technical and Comprehensive Education.
(3) `Board' means the State Board for Technical and
Comprehensive Education."
SECTION 5. Section 59-53-2020 of the 1976 Code, as added by
Act 565 of 1990, is further amended to read:
"Section 59-53-2020. (A) The State Board for Technical
and Comprehensive Education is authorized to establish a
Motorcycle Safety Instruction Education Program.
The board shall designate an individual who is currently an
employee of the technical education system to coordinate and
administer the program subject to the availability of funds necessary
to support such activity. The executive director of the board, or his
designee, is responsible for the planning, curriculum, and
completion requirements of the program in accordance with
subsection (C).
(B) The program must be implemented through the state
technical education system at institutions which choose to provide
the program. The coordinator shall select and facilitate the training
and certification of instructors who shall implement the
program. The program shall offer motorcycle rider training
courses designed to develop and instill the knowledge, attitudes,
habits, and skills necessary for the operation of a motorcycle. The
courses must be taught by instructors approved by the board and
shall include hands-on instruction for novices.
(C) The program of instruction must incorporate the
Motorcycle Safety Foundation Motorcycle Rider Course core
curriculum or equivalent as determined by the executive
director. A South Carolina resident who holds a valid
driver's license for any classification or who is eligible to hold a
motorcycle learners permit may enroll in rider training courses.
(D) The board shall issue certificates of completion in a manner
and form prescribed by the executive director to persons who
satisfactorily complete the requirements of a motorcycle rider
training course offered or authorized by the board.
(E) Course content must meet or exceed national standards for
motorcycle rider training courses as prescribed by the Motorcycle
Safety Foundation.
(F) The board shall approve instructors for the motorcycle
training courses. An instructor must meet the requirements of this
section, the regulations established by the board, and hold a valid
instructor certification issued by the Motorcycle Safety Foundation.
(G) The program shall offer an instructor training course. To
complete the instructor training course a person must demonstrate
knowledge of the course material, knowledge of proper motorcycle
operation, motorcycle riding proficiency, and an aptitude for
instructing students. No person may be approved as an instructor
unless he has successfully completed the board's instructor training
course or an equivalent course offered by another state.
(H) A person seeking to become an instructor must meet the
following minimum requirements:
(1) possess a high school diploma or its equivalent;
(2) be at least eighteen years of age;
(3) possess a valid motorcycle driver's license or endorsement
which has not been revoked or suspended during the preceding two
years;
(4) have at least two years of recent motorcycle riding
experience;
(5) have no felony convictions.
(I) The board shall obtain and review a nonresident's driving
record before approving or reapproving him as an instructor.
(J) The board shall ensure that instructors meet all requirements
of this section. The board shall withdraw approval of an instructor
who fails to meet all requirements of this section."
SECTION 6. The 1976 Code is amended by adding:
"Section 59-53-2022. The board shall develop written
policies and procedures by the promulgation of regulations for the
following:
(1) administration of the motorcycle safety education program;
(2) contracting with public or private entities for course delivery
and for the provision of service or materials necessary for
implementation of the program;
(3) the offering of motorcycle rider training courses by the
board and the approval of courses offered by other entities when
they are taught in compliance with standards established for the
state program;
(4) the establishment of enrollment fees for participants in
courses offered by the board;
(5) the use of program funds to defray its expenses in offering
courses and the reimbursement of entities offering approved courses
for expenses incurred in offering the courses to minimize course
enrollment fees charged by these entities."
SECTION 7. The 1976 Code is amended by adding:
"Section 59-53-2024. (A) There is created the South
Carolina Motorcycle Safety Education Program Trust Fund to be
administered by the South Carolina State Board for Technical and
Comprehensive Education.
(B) All monies received from the voluntary contribution system
established in Section 59-53-2040 and the following revenues must
be placed on deposit with the State Treasurer in an interest-bearing
account:
(1) four dollars of the annual registration fee for each
registered motorcycle;
(2) three dollars of the application fee for a motorcycle
learner's permit;
(3) two dollars of the fee for each original or renewal
motorcycle driver's license.
(C) These funds must be used for administration and
implementation of the South Carolina Motorcycle Safety Education
Program, including reimbursement of entities that offer motorcycle
rider education courses approved by the board.
(D) At the end of each fiscal year, monies remaining in the trust
fund may not revert to the general fund. The interest and income
earned on money contained in the fund, after deducting applicable
charges, must be credited to the fund."
SECTION 8. The 1976 Code is amended by adding:
"Section 59-53-2026. The executive director shall
establish a program advisory committee consisting of five persons
representing various interests in motorcycle safety to assist in
developing, establishing, and maintaining the Motorcycle Safety
Education Program. The committee shall monitor program
implementation and report to the executive director with
recommendations. The members of the committee shall receive per
diem, subsistence, and mileage as provided by law for members of
state boards, committees, and commissions."
SECTION 9. The 1976 Code is amended by adding:
"Section 59-53-2028. The executive director biannually
shall issue a report on the Motorcycle Safety Education Program to
be submitted to the Governor and legislature and made available to
the public. The report shall include the number and location of the
courses offered, the number of approved instructors, the number of
students trained, other information about program implementation as
the executive director deems appropriate, and an assessment of the
impact of the program on motorcycle safety in the State. The
report also shall provide complete accounting of revenue receipts of
the South Carolina Motorcycle Education Program Trust Fund and
all monies expended under the program."
SECTION 10. Section 59-53-2030 of the 1976 Code is repealed.
SECTION 11. This act takes effect July 1, 1995.
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