H 4421 General Bill, By  House Labor, Commerce and Industry
 A Bill to amend Section 38-73-470, as amended, Code of Laws of South Carolina,
 1976, relating to disposition of the uninsured motorist premium, so as to,
 among other things, increase the amount of the premium to be used to provide
 funds for the costs of administering the provisions of Section 38-73-738,
 rather than Article 3, Chapter 10, Title 56, and provide for the transfer of
 this portion of the premium to the Department of Insurance, rather than the
 Department of Public Safety; to amend the 1976 Code by adding Section
 38-73-738 so as to provide a procedure for the Department of Insurance to
 issue to a first time driver's license applicant who is at least fifteen years
 of age but less than seventeen years of age a driver training voucher; and to
 amend the 1976 Code by adding Section 56-1-75 so as to provide, among other
 things, that a driver's license must not be issued to a person who is at least
 fifteen years of age but less than seventeen years of age until the applicant
 has provided evidence of satisfactory completion of an approved driver
 training course as provided in Section 38-73-738.

   01/11/94  House  Introduced and read first time HJ-49
   01/11/94  House  Referred to Committee on Education and Public
                     Works HJ-49
   01/12/94  House  Recalled from Committee on Education and Public
                     Works HJ-24
   01/18/94  House  Objection by Rep. Spearman, Kirsh, Cobb-Hunter,
                     McMahand & Anderson HJ-12
   01/20/94  House  Objection withdrawn by Rep. Cobb-Hunter &
                     Anderson HJ-33
   01/27/94  House  Debate adjourned until Tuesday, February 1, 1994 HJ-16
   01/27/94  House  Objection withdrawn by Rep. Spearman HJ-17
   02/01/94  House  Amended HJ-18
   02/01/94  House  Committed to Committee on Ways and Means HJ-19
   02/09/94  House  Recalled from Committee on Ways and Means HJ-86
   03/01/94  House  Debate adjourned until Tuesday, March 15, 1994 HJ-32
   03/22/94  House  Read second time HJ-33
   03/23/94  House  Read third time and sent to Senate HJ-19
   03/24/94  Senate Introduced and read first time SJ-8
   03/24/94  Senate Referred to Committee on Banking and Insurance SJ-8
   06/01/94  Senate Recalled from Committee on Banking and Insurance
   06/01/94  Senate Read second time
   06/01/94  Senate Ordered to third reading with notice of amendments

RECALLED

June 1, 1994

H. 4421

S. Printed 6/1/94--S.

Read the first time March 24, 1994.

A BILL

TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 38-73-470 of the 1976 Code, as last amended by Sections 783 and 787 of Act 181 of 1993, is further amended to read:

"Section 38-73-470. One dollar Three dollars of the yearly premium for uninsured motorist coverage must be transferred to the South Carolina Department of Public Safety Insurance, payable on a quarterly basis, to provide funds for the costs of enforcing and administering the provisions of Article 3, Chapter 10, title 56 Section 38-73-738."

SECTION 2. The 1976 Code is amended by adding:

"Section 38-73-738. (A) Upon request, the Department of Insurance shall issue to each first time driver's license applicant who is at least fifteen years of age but less than seventeen years of age one driver training voucher. There must be one uniform voucher printed in triplicate on a form determined by the department. The voucher must contain the following information:

(1) holder's name and address;

(2) holder's birth date;

(3) holder's social security number;

(4) the date issued and expiration date;

(5) the signature of the holder;

(6) the name and address of the school district or driver training school;

(7) the use date;

(8) the signature of the school official; and

(9) validation date by the department.

(B) The Director of the Department of Insurance is authorized to promulgate regulations to implement the provisions of (A), including setting the amount of the voucher under this section for the driver education schools licensed by and operating in this State.

(C) If sufficient funds are not collected to pay the costs of operating the voucher system in any one year, the program may be temporarily suspended until adequate funds have accumulated for administration of the voucher system.

(D) `An approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Education, the South Carolina Department of Public Safety, or any other responsible educational agency and was conducted by:

(1) a recognized secondary school, college, or university;

(2) instructors certified by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency; or

(3) any other school approved and supervised by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency.

(4) The requirements of the course must include the following minimum criteria:

(a) eight hours of classroom instruction for commercial driver training school approved courses; thirty hours of classroom instruction for a public or private secondary school course;

(b) six hours of actual on-street practice driving;

(c) instruction on the effects drugs and alcohol have on the operation of motor vehicles and the consequences of drug or alcohol impaired driving; and

(d) a relevant test on the course material.

(E) For purposes of this section `satisfactory evidence' is a certificate, signed by an official of the school, the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency, which certifies that:

(1) the person achieved a passing grade on a relevant test on the course material;

(2) the course was approved by and the instructors were certified by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency; and

(3) for schools other than recognized secondary schools, colleges, or universities, the school was approved and supervised by the South Carolina Department of Education, the South Carolina Department of Public Safety, or other responsible educational agency.

(F) Successful completion of a driver training course as provided in this section entitles the person to the driver training credit provided in Regulation 69-13.2(I) for youthful operators.

(G) An applicant for a driver's license who is at least fifteen years of age but less than seventeen years of age is required to successfully complete a driver training course before obtaining a driver's license and to provide certification of completion to the Department of Revenue and Taxation.

(H) Notwithstanding any other provision of law, every driver training school licensed by the State must provide, for the value of the voucher presented, the required class as specified by the Department of Insurance for driver education program purposes, and, if an applicant as described in subsection (A) of this section fails to successfully complete the driver training course as described in this section, the applicant must be entitled, for purposes of the driver training voucher, to one makeup of the driver training course at no cost to him.

(I) The Director of the Department of Insurance may temporarily suspend the program provided for in this section in any area of the State if he determines that sufficient numbers of certified teachers for the course are not available in a particular area."

SECTION 3. The 1976 Code is amended by adding:

"Section 56-1-75. (A) The department shall not issue a driver's license to any person who is at least fifteen years of age but less than seventeen years of age until the applicant has provided the department with evidence of satisfactory completion of an approved driver training course as provided in Section 38-73-738. To defray the cost of taking the course, the applicant may request a driver training voucher from the Department of Insurance as provided for in Section 38-73-738. The Department of Revenue and Taxation shall inform applicants for beginner's permits and driver's licenses of the availability of the voucher.

(B) This requirement does not apply to a beginner's permit as provided in Section 56-1-50; however, it must be complied with before the issuance of a special restricted license as provided for in Section 56-1-180.

(C) The department, upon satisfactory proof that a minor who is at least fifteen years of age but less than seventeen years of age has become a resident of South Carolina and has a valid driver's license from his prior state of residence but has not completed a driver training course, may grant the minor a temporary driver's license under such terms considered necessary by the department to allow the minor to operate a motor vehicle of a specified type or class in this State in order to obtain the driver training course necessary for a driver's license in South Carolina."

SECTION 4. Section 2 of this Act takes effect August 1, 1995. Section 3 of this Act takes effect October 1, 1995.

SECTION 5. Except as otherwise specifically provided herein, this act takes effect October 1, 1994.