H 4271 General Bill, By L.M. Martin and Jennings
 A Bill to amend Sections 56-1-30, 56-1-40, 56-1-50, and 56-1-180, Code of Laws
 of South Carolina, 1976, relating to the issuance of drivers' licenses,
 beginners' permits, and special restricted licenses, so as to increase the age
 requirements one year; and to amend Article 3, Chapter 39, Title 59, relating
 to mandatory driver education and training, so as to provide for the programs
 to include persons at least sixteen years of age including persons in public
 and nonpublic schools and persons not enrolled in schools, authorize fees for
 participants, require students at least sixteen years of age to complete the
 program before receiving a driver's license, provide for the State Board of
 Education to establish guidelines for the programs, and provide the minimum
 requirements of the programs.

   01/28/92  House  Introduced and read first time HJ-4
   01/28/92  House  Referred to Committee on Education and Public
                     Works HJ-4

A BILL

TO AMEND SECTIONS 56-1-30, 56-1-40, 56-1-50, AND 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS, AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE REQUIREMENTS ONE YEAR; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO PROVIDE FOR THE PROGRAMS TO INCLUDE PERSONS AT LEAST SIXTEEN YEARS OF AGE INCLUDING PERSONS IN PUBLIC AND NONPUBLIC SCHOOLS AND PERSONS NOT ENROLLED IN SCHOOLS, AUTHORIZE FEES FOR PARTICIPANTS, REQUIRE STUDENTS AT LEAST SIXTEEN YEARS OF AGE TO COMPLETE THE PROGRAM BEFORE RECEIVING A DRIVER'S LICENSE, PROVIDE FOR THE STATE BOARD OF EDUCATION TO ESTABLISH GUIDELINES FOR THE PROGRAMS, AND PROVIDE THE MINIMUM REQUIREMENTS OF THE PROGRAMS.

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

SECTION 1. Section 56-1-30 of the 1976 Code is amended to read:

"Section 56-1-30. The following persons are exempt from licenses under this article:

(1) Any An employee of the United States Government while operating may operate a motor vehicle owned by or leased to the United States Government and being operated on official business, unless the employee is required by the United States Government or the federal agency by which he is employed to have a state driver's license;.

(2) A nonresident who is at least sixteen seventeen years of age and who has in his immediate possession a valid operator's or chauffeur's license issued to him in his home state or country may operate a motor vehicle. However, but a person may not claim a nonresidence exemption under this provision who does not maintain a permanent residence address in the state or country of which he holds a valid and current operator's or chauffeur's license at which he regularly receives his mail and which address is on file with the motor vehicle authorities of that state or country; also,. A person may not claim a nonresidence exemption under this provision who for all other intents and purposes has or may remove his residence into this State;.

(3) Any A nonresident who is at least eighteen years of age and whose home state or country does not require the licensing of operators may operate a motor vehicle for a period of not more than ninety days in any a calendar year, if the motor vehicle is duly registered in the home state or country of the nonresident and. A nonresident on active duty in the Armed Services of the United States who has a valid license issued by his home state and the nonresident's spouse or dependent who has a valid license issued by his home state; may operate a vehicle.

(4) Any A person operating or driving implements of husbandry farming equipment temporarily drawn, propelled, or moved upon a highway.

(5) Any A person on active duty in the Armed Services of the United States who has in his immediate possession a valid driver's license issued in a foreign country or by the Armed Services of the United States may operate a motor vehicle in this State for a period of not more than ninety days from the date of his return to the United States; and.

(6) A citizen of France who is at least eighteen years of age, who is employed in South Carolina, and who has a valid driver's license issued by that nation may drive in this State for four years."

SECTION 2. Section 56-1-40 of the 1976 Code is amended to read:

"Section 56-1-40. The department shall may not issue any a motor vehicle driver's license under this article to:

(1) Any a person who is under sixteen seventeen years of age, except that the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to any a person who is at least fifteen sixteen years of age and except that the department may issue a special restricted driver's license to any a person who is at least fifteen years old sixteen years of age and less than sixteen seventeen years as provided in Section 56-1-180;

(2) Any a person whose license has been suspended during such suspension or any person whose license has been is revoked or suspended or is subject to being revoked or suspended, except as otherwise provided for in this article;

(3) Any a person who is an habitual drunkard, an habitual user of narcotic drugs, or an habitual user of any other another drug to a degree which renders him incapable of safely driving a motor vehicle;

(4) Any a person who has previously has been adjudged to be afflicted with or suffering from any a mental disability or mental disease and who has not at the time of application been restored to competency by methods provided by law;

(5) Any a person who is required by this article to take an examination, unless such the person shall have successfully has passed such the examination;

(6) Any a person who is required under the laws of this State to deposit furnish proof of financial responsibility and who has not deposited such furnished the proof; or

(7) Any other another person who may must not be issued a license as otherwise provided by the laws of this State."

SECTION 3. Section 56-1-50 of the 1976 Code is amended to read:

"Section 56-1-50. (A) Any A person who is at least fifteen sixteen years of age may apply to the department for a beginner's permit. The department may, after the applicant has passed successfully passed all parts of the examination other than the driving test, may issue to the applicant a beginner's permit which shall entitle entitles the applicant having such the permit in his immediate possession to drive a motor vehicle upon the public highways for a period of not more than six months. While so driving such the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event if the permittee is operating a motorcycle. Any A beginner's permit may be renewed or a new permit issued for additional periods of six months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass such the road test. The fee for every beginner's or renewal permit shall be is two dollars and shall. The permit must bear thereon the full name, date of birth, residence address, and a brief description and color photograph of the permittee and either a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit shall be is valid until it has been so signed by the permittee.

(B) Any The following are not required to obtain a beginner's permit to operate a motor vehicle:

(1) a student regularly enrolled in a high school of this State which conducts a driver training course shall not be required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.;

(2) Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, However, that such these persons shall at all times must be accompanied by an instructor of the school and drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."

SECTION 4. Section 56-1-180 of the 1976 Code is amended to read:

"Section 56-1-180. The department may issue a special restricted driver's license to any a person who is at least fifteen years old sixteen and less than sixteen seventeen years old of age, who has first has acquired a beginner's permit or an instruction permit and who has successfully has passed such the road tests or otherwise as the department may in its discretion prescribe, which. This special restricted driver's license shall be is valid and lawful only under the following conditions in the operation of:

(1) In the operation of all type types of vehicles, except that between the hours of six o'clock P.M. and six o'clock A.M., the holder of such a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian; provided, that commencing on. However, beginning the day daylight saving time goes into effect through August thirty-first the holder of such a this license does not need not to be so accompanied prior to before eight o'clock P.M.;

(2) In the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and

(3) In the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less."

SECTION 5. Article 3, Chapter 39, Title 59 of the 1976 Code is amended to read:

Section 59-39-310. The governing board of any a school district maintaining a secondary school which includes any grades nine through twelve, inclusive, shall establish driver education and training programs for students in high school grades persons at least sixteen years of age. This program must be open to persons in public and nonpublic schools and persons not enrolled in schools. Students at least sixteen years of age shall complete the program before receiving a driver's license and provide certification of completion to licensing officials of the South Carolina Department of Highways and Public Transportation. The governing board of a school district may charge a fee within the district to participants in the program.

Section 59-39-320. The State Board of Education shall promulgate rules and regulations for to establish guidelines for driver education and training programs required in Section 59-39-310 establishment by local school districts of approved driver education and training courses, and when duly promulgated shall have full force and effect of law. Such regulations shall require that credit for completion of a driver education training course shall not be given unless the course shall have included The guidelines must include, but are not limited to the requirements of not less than thirty classroom hours of instruction in driver education, and not less than six hours of actual behind-the-wheel driving, and not less than six hours of instruction on the offense of alcohol or drug-impaired driving.

Section 59-39-330. The rules and regulations of the State Board of Education and Driver education and training course shall programs must be under the supervision of a qualified driver education teacher. Such rules and regulations shall include instrumental standards, teacher qualifications, reimbursement procedure, and other requirements which will further implement the purposes and intent of this article.

Section 59-39-340. The State Board of Education shall allow to each school district operating a driver education training program an amount equal to thirty dollars per for each pupil completing the standard prescribed course in the its driver education and training program in that school district during the preceding fiscal year in accordance with the regulations set forth by the State Board of Education for instructing pupils in driver education and training."

SECTION 6. This act takes effect January 1, 1993.