S*1287(Rat #0362, Act #0328 of 2006)  General Bill, By Verdin
 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. - ratified title

   03/28/06  Senate Introduced and read first time SJ-6
   03/28/06  Senate Referred to Committee on Transportation SJ-6
   04/25/06  Senate Polled out of committee Transportation SJ-18
   04/25/06  Senate Committee report: Favorable Transportation SJ-18
   04/26/06  Senate Read second time SJ-32
   04/27/06  Senate Read third time and sent to House SJ-34
   05/02/06  House  Introduced and read first time HJ-21
   05/02/06  House  Referred to Committee on Education and Public
                     Works HJ-21
   05/10/06  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-96
   05/16/06  House  Debate adjourned until Wednesday, May 17, 2006 HJ-16
   05/17/06  House  Amended HJ-37
   05/17/06  House  Read second time HJ-41
   05/18/06  House  Read third time and returned to Senate with
                     amendments HJ-38
   05/18/06         Scrivener's error corrected
   05/30/06  Senate Concurred in House amendment and enrolled SJ-100
   05/31/06         Ratified R 362
   06/07/06         Became law without Governor's signature
   06/12/06         Copies available SJ-2
   06/12/06         Effective date 01/01/07
   06/16/06         Act No. 328

(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.