H 4376 General Bill, By Richardson, W.D. Keyserling and W.J. Young

Similar(H 3124)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 38-73-738 so as to provide for a system whereby the Department of Insurance
 issues to each first time driver's license applicant who is at least fifteen
 years old but less than seventeen years old a driver training voucher, and
 provide for related matters; by adding Section 38-73-739 so as to provide that
 the rate or premium charged by insurers of private passenger automobile
 insurance must include a three dollar driver education fee; and by adding
 Section 56-1-75 so as to provide that a driver's license cannot be issued to
 any person who is at least fifteen years old but under seventeen years old
 until the person has provided evidence of satisfactory completion of an
 approved driver training course as provided in Section 38-73-738, and provide
 for related matters.

   12/20/95  House  Prefiled
   12/20/95  House  Referred to Committee on Labor, Commerce and Industry
   01/09/96  House  Introduced and read first time HJ-71
   01/09/96  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-71
   03/12/96  House  Tabled in committee Labor, Commerce and Industry

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-738 SO AS TO PROVIDE FOR A SYSTEM WHEREBY THE DEPARTMENT OF INSURANCE ISSUES TO EACH FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS OLD A DRIVER TRAINING VOUCHER, AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-73-739 SO AS TO PROVIDE THAT THE RATE OR PREMIUM CHARGED BY INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST INCLUDE A THREE DOLLAR DRIVER EDUCATION FEE; AND BY ADDING SECTION 56-1-75 SO AS TO PROVIDE THAT A DRIVER'S LICENSE CANNOT BE ISSUED TO ANY PERSON WHO IS AT LEAST FIFTEEN YEARS OLD BUT UNDER SEVENTEEN YEARS OLD UNTIL THE PERSON HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738, AND PROVIDE FOR RELATED MATTERS.

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

SECTION 1. 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.

(E) The requirements of the driver training course must include the following minimum criteria:

(1) 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;

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

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

(4) a relevant test on the course material.

(F) 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.

(G) 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.

(H) 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.

(I) 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.

(J) 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 2. The 1976 Code is amended by adding:

"Section 38-73-739. The rate or premium charged by insurers of private passenger automobile insurance must include a driver education fee in the amount of three dollars annually, which must be added to the appropriate base rate or objective standards rate prescribed in Sections 38-73-455 and 38-73-457. The driver education fees collected by the insurer must be transferred to the South Carolina Department of Insurance, payable on a quarterly basis, to provide funds for the costs of administering the provisions of Section 38-73-738."

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. This act takes effect October 1, 1996, except that Section 1 of this act takes effect August 1, 1997 and Section 3 of this act takes effect October 1, 1997.