S 7 Session 111 (1995-1996)
S 0007 General Bill, By Leatherman, Elliott, Rankin, M.T. Rose, Washington 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
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 upon 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.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Transportation
01/10/95 Senate Introduced and read first time SJ-11
01/10/95 Senate Referred to Committee on Transportation SJ-11
02/21/95 Senate Committee report: Favorable with amendment
Transportation SJ-7
03/08/95 Senate Amended SJ-17
03/08/95 Senate Read second time SJ-18
03/08/95 Senate Ordered to third reading with notice of
amendments SJ-18
04/05/95 Senate Amended SJ-20
04/05/95 Senate Read third time and sent to House SJ-21
04/06/95 House Introduced and read first time HJ-37
04/06/95 House Referred to Committee on Education and Public
Works HJ-37
AS PASSED BY THE SENATE
April 5, 1995
S. 7
Introduced by SENATORS Leatherman, Wilson, Rose, Rankin,
Washington and Elliott
S. Printed 4/5/95--S.
Read the first time January 10, 1995.
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.
Amend Title To Conform
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) The department may not issue a
driver's license to a person eighteen years of age or under unless:
(1) the person has a high school diploma or certificate, or
other evidence of graduation from high school; or a General
Education Development Certificate; or
(2) the person acknowledges by an affirmation, provided on
the license application form, that:
(a) indicates the applicant is currently 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
(b) the person has conformed to the attendance laws,
regulations, and policies of his school, school district, and the State
Board of Education, as applicable; and
(c) the person is not currently suspended from school.
(B) Upon notice from the local school board that a person
licensed pursuant to the provision of this section has withdrawn
from school and has not provided notice of enrollment in another
school district, the department shall immediately suspend the
driver's license of such person, unless an exception is granted
pursuant to subsection (C).
(C) If the board of trustees of a school district 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
department may authorize the issuance of a license for a person
denied a license or where a license has been suspended pursuant to
this section.
(D) 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.
(E) 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, 1995.
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