S 224 Session 110 (1993-1994)
S 0224 General Bill, By Leatherman 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.
01/19/93 Senate Introduced and read first time SJ-10
01/19/93 Senate Referred to Committee on Education SJ-11
03/30/93 Senate Committee report: Majority favorable with amend.,
minority unfavorable Education SJ-38
COMMITTEE REPORT
March 30, 1993
S. 224
Introduced by SENATORS Leatherman and Wilson
S. Printed 3/30/93--S.
Read the first time January 19, 1993.
THE COMMITTEE ON EDUCATION
To whom was referred a Bill (S. 224), 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
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking on page 2, line 20
the word /eighteen/ and inserting:
/ seventeen /.
Amend the bill further, as and if amended, by inserting on page 2
line 42 after the word /notify/ the following:
/ in a monthly report /.
Amend title to conform.
Majority favorable. Minority unfavorable.
NIKKI G. SETZLER H. SAMUEL STILWELL
For Majority. For Minority.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year$-0-
2. Estimated Cost to State-Annually Thereafter$-0-
Senate Bill 224 amends Title 56 of the South Carolina Code of
Laws, 1976, by adding Section 56-1-45, which prohibits the issuance
of drivers licenses to residents under 17 years of age who did not
graduate from high school, or who do not provide evidence that they
are enrolled in school and are in compliance with attendance
requirements.
The State Highway Department indicates that it would require two
additional FTE positions (at a cost of $36,942 in year one; $27,956 in
succeeding years) to receive and process all notices of suspension
when drivers (in the age category specified in the bill) drop out or are
expelled from school.
This legislation would also impact the Department of Education and
school districts in relation to documentation requirements of enrolled
status, withdrawal, and personal and family hardship.
The Department of Education estimates 45,000 students per year
would be eligible to request documentation of enrollment to obtain a
driver's license. Approximately 5,000 of these students will drop out,
requiring that the attendance supervisor of each school district notify
the State Highway Department of the withdrawal. The initial
enrollment status form should be easily computer generated, with only
the signature of the attendance supervisor or his designee required to
formalize the document. Related postage will be minimal. No
significant fiscal impact is anticipated as a result of these
requirements.
The Department of Education further estimates that 3,000 students
will apply for a personal or family hardship. If the local school board
authorizes the issuance of a license, a request will then be forwarded
to the State Highway Department. Again, these forms should be
easily computer generated, with postage costs being insignificant.
In summary, there appears to be some impact on the State Highway
Fund. There appears to be some impact on the State Department of
Education and local school districts. However, these impacts appear
to be minor. There is no direct impact on the State General Fund.
Prepared By: Approved By:
Robert J. Stein George N. Dorn, Jr.
State Budget Analyst State Budget Division
Prepared By:
JoAnne Payton
State Budget Analyst
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 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
Highways and Public 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 Highways and Public
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 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
an SR-22 on the lifting of the suspension."
SECTION 2. This act takes effect July 1, 1993.
-----XX----- |