S 94 Session 112 (1997-1998)
S 0094 General Bill, By Leatherman
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
TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF
TRANSPORTATION OF PERSONS WHO WITHDRAW FROM HIGH SCHOOL AND REQUIRE THE
DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN
NOTICE, TO PROVIDE THEM METHOD FOR A PERSON WHOSE LICENSE 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.
01/14/97 Senate Introduced and read first time SJ-115
01/14/97 Senate Referred to Committee on Education SJ-115
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 TRANSPORTATION, TO REQUIRE
ATTENDANCE SUPERVISORS TO NOTIFY THE
DEPARTMENT OF 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 for the
issuance of a driver's license. 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 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
Transportation to a student at least fifteen years of age, upon request.
The documentation must indicate if the student is 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 Transportation of withdrawal
and if the person holds a driver's license, the department shall
suspend the license upon written notice. The written notice must be
sent to the licensee informing him of the suspension within ten days
unless he provides documentation of his compliance with the
provisions of this section. The suspension period lasts 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 Department of
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
an SR-22 on the lifting of the suspension."
SECTION 2. This act takes effect July 1, 1997.
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