S 964 Session 111 (1995-1996)
S 0964 General Bill, By Thomas, Bryan, Courtney, Elliott, Giese, Hayes, Land,
Martin, Matthews, Mescher, O'Dell, L.E. Richter, M.T. Rose, Ryberg, Saleeby and
Waldrep
Similar(S 380, H 4061)
A Bill to amend Sections 56-1-40 and 56-1-50, both as amended, Code of Laws of
South Carolina, 1976, relating to the issuance of drivers' licenses and
beginner's permits, so as to increase the age from fifteen to sixteen when a
person may receive a license or permit; to amend Section 59-39-320, relating
to high school driver education and training courses, so as to provide that
the State Board of Education shall require a high school student to complete
successfully a driver education course before receiving a diploma and to
provide that this course shall cost twenty dollars which must be divided
equally between the state and the school district; and to repeal Section
56-1-180 relating to special restricted driver's licenses for certain minors.
12/04/95 Senate Prefiled
12/04/95 Senate Referred to Committee on Education
01/09/96 Senate Introduced and read first time SJ-75
01/09/96 Senate Referred to Committee on Education SJ-75
01/10/96 Senate Recalled from Committee on Education SJ-1
01/10/96 Senate Committed to Committee on Transportation SJ-1
A BILL
TO AMEND SECTIONS 56-1-40 AND 56-1-50, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE ISSUANCE OF DRIVER'S LICENSES
AND BEGINNER'S PERMITS, SO AS TO INCREASE THE AGE
FROM FIFTEEN TO SIXTEEN WHEN A PERSON MAY
RECEIVE A LICENSE OR PERMIT; TO AMEND SECTION
59-39-320, RELATING TO HIGH SCHOOL DRIVER
EDUCATION AND TRAINING COURSES, SO AS TO PROVIDE
THAT THE STATE BOARD OF EDUCATION SHALL
REQUIRE A HIGH SCHOOL STUDENT TO COMPLETE
SUCCESSFULLY A DRIVER EDUCATION COURSE BEFORE
RECEIVING A DIPLOMA AND TO PROVIDE THAT THIS
COURSE SHALL COST TWENTY DOLLARS WHICH MUST
BE DIVIDED EQUALLY BETWEEN THE STATE AND THE
SCHOOL DISTRICT; AND TO REPEAL SECTION 56-1-180
RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES
FOR CERTAIN MINORS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-1-40(1) of the 1976 Code, as last
amended by Section 121D, Part II, Act 497 of 1994, is further
amended to read:
"(1) who is under sixteen years of age. However, the
department may issue a beginner's or instruction permit as provided
in Sections 56-1-50 and 56-1-60 to a person who is at least fifteen
years of age, and the department may issue a special restricted
driver's license to a person who is at least fifteen years of age and
less than sixteen years of age as provided in Section
56-1-180;"
SECTION 2. The first paragraph of Section 56-1-50 of the 1976
Code, as last amended by Section 121E, Part II, Act 497 of 1994, is
further amended to read:
"A person who is at least fifteen sixteen
years of age may apply to the department for a beginner's permit.
After the applicant has passed successfully all parts of the
examination other than the driving test, the department may issue to
the applicant a beginner's permit which entitles the applicant having
the permit in his immediate possession to drive a motor vehicle on
the public highways for not more than twelve months. While
driving the permittee must be accompanied by a licensed driver
eighteen 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 when the permittee is operating a motorcycle. A three-wheel
vehicle requires the accompanying driver to be directly behind the
driver on a saddle-type seat or beside the driver on a bench-type
seat. A beginner's permit may be renewed or a new permit issued
for additional periods of twelve months, but the department may
refuse to renew or issue a new permit where the examining officer
has reason to believe 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 the road test. The
fee for every a beginner's or renewal permit is two
dollars and fifty cents, and the permit must bear the full name, date
of birth, and residence address and a brief description and color
photograph of the permittee and 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 is valid until it has been so signed by the
permittee."
SECTION 3. Section 59-39-320 of the 1976 Code is amended
to read:
"Section 59-39-320. (A) The State Board of
Education shall promulgate rules and regulations for
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 These regulations
shall require that credit for completion of a driver education
training course shall not be given unless the course shall
have has included not less than thirty classroom hours
of instruction in driver education, and not less than six hours of
actual behind-the-wheel driving, and require that a student shall
complete successfully a driver education training course before
receiving a high school diploma.
(B) A local school district must charge a student
enrolled in a driver education and training course a twenty dollar
fee. One-half of this fee must be deposited in the general fund of
the State and one-half of the fee must be retained by the local
school district."
SECTION 4. Section 56-1-180 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the
Governor.
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