H 3030 Session 112 (1997-1998)
H 3030 General Bill, By J.L.M. Cromer, Bailey, Cotty, Stille and Stuart
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
PROVIDE THAT THREE DOLLARS, RATHER THAN ONE DOLLAR, OF THE YEARLY PREMIUM FOR
UNINSURED MOTORIST COVERAGE MUST BE TRANSFERRED TO THE DEPARTMENT OF
INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FUNDS FOR
THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN
ARTICLE 3, CHAPTER 10, TITLE 56; TO AMEND THE 1976 CODE 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 TO
PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE 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.
12/11/96 House Prefiled
12/11/96 House Referred to Committee on Labor, Commerce and Industry
01/14/97 House Introduced and read first time HJ-23
01/14/97 House Referred to Committee on Labor, Commerce and
Industry HJ-24
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 PROVIDE THAT THREE DOLLARS, RATHER THAN
ONE DOLLAR, OF THE YEARLY PREMIUM FOR UNINSURED
MOTORIST COVERAGE MUST BE TRANSFERRED TO THE
DEPARTMENT OF INSURANCE, RATHER THAN THE
DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FUNDS
FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF
SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10,
TITLE 56; TO AMEND THE 1976 CODE 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; AND TO AMEND THE 1976 CODE 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. 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, 1998.
Section 3 of this act takes effect October 1, 1998.
SECTION 5. Except as otherwise specifically provided herein, this
act takes effect October 1, 1997.
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