S 0407 General Bill, By Leatherman, McConnell, T.H. Pope, M.T. Rose and Wilson
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-1-45 so as to prohibit issuing of drivers' licenses to residents under
 seventeen years of age who are not high school graduates or do not have a
 G.E.D. Certificate or who do not provide documentation that they are properly
 enrolled in school and in compliance with attendance requirements, to require
 the attendance supervisor or his designee to provide enrollment status
 documentation to persons at least fifteen years of age on a form prescribed by
 the State Department of Education in consultation with the Department of
 Highways and Public Transportation, to require attendance supervisors to
 notify the Department of Highways and Public Transportation of persons who
 withdraw from school and require the Department to suspend the license of such
 persons upon ten days written notice, to provide the method for a person whose
 license is suspended to have the license reinstated, to define withdrawal from
 school, to provide for a personal or family hardship waiver, and to provide
 that an SR-22 does not have to be filed following reinstatement of a driver's
 license suspended pursuant to this Section.

   01/09/91  Senate Introduced and read first time SJ-14
   01/09/91  Senate Referred to Committee on Education SJ-14
   03/12/91  Senate Committee report: Majority favorable, minority
                     unfavorable Education SJ-16

March 12, 1991

S. 407

Introduced by SENATORS Leatherman, Rose, McConnell, Pope and Wilson

S. Printed 3/12/91--S.

Read the first time January 9, 1991.

To whom was referred a Bill (S. 407), to amend the Code of Laws of South Carolina, 1976, by adding Section 56-1-45 so as to prohibit issuing of drivers' licenses to residents under seventeen years of age, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

Majority favorable. Minority unfavorable.

NIKKI SETZLER H. SAMUEL STILWELL

For Majority. For Minority.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

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

SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-45. (A) School attendance is a condition of the licensing for the privilege of the operation of a motor vehicle. The department may

not issue a driver's license to a person seventeen years of age or under unless:

(1) the person has a high school diploma or certificate, or a General Education Development Certificate; or

(2) the person is enrolled in a public or private school within or without this State which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education; and

(a) the person has conformed to the attendance laws, regulations, and policies of his school, school district, and the State Board of Education, as applicable;

(b) the person is not suspended or expelled from school.

(B) A person eighteen years of age or under applying for a driver's license shall provide to the department one of the following:

(1) evidence of graduation from high school;

(2) his General Education Development Certificate;

(3) documentation as provided in subsection (C) from his school of attendance stating that the applicant conforms to the requirements of item (2) of subsection (A) of this section.

(C) The attendance supervisor or his designee shall provide documentation of enrollment status on a form prescribed by the State Department of Education in consultation with the Department of Highways and Public Transportation to a student at least fifteen years of age, upon request. The documentation must indicate if the student is currently properly enrolled and in compliance with the requirements of item (2) of subsection (A) of this section.

(D) Whenever a student fifteen years of age or older withdraws or is considered withdrawn from school, the attendance supervisor or his designee shall notify the Department of Highways and Public Transportation of withdrawal and if the person holds a driver's license, the department shall

suspend the license upon written notice of at least ten days to the licensee unless the person provides documentation of his compliance with the provisions of this section. The suspension period shall last until the student's eighteenth birthday or until he is re-enrolled in school for a minimum of thirty school days, unless an exception is granted pursuant to subsection (E). For the purposes of this section, withdrawal is defined as ten consecutive days of unexcused absence during the school year.

(E) If the local school board determines that a personal or family hardship exists that requires a person to obtain a driver's license for employment or medically-related purposes, the board may authorize the issuance of a license for a person denied a license or where a license has been suspended pursuant to this section. The request must be made on a form approved by the South Carolina Department of Highways and Public Transportation.

(F) The term `driver's license', as used in this section, includes a regular driver's license, a special restricted driver's license, and a beginner's permit.

(G) A suspension under this section does not require the filing of a S.R. 22 on the lifting of the suspension."

SECTION 2. This act takes effect July 1, 1991.