South Carolina General Assembly
109th Session, 1991-1992

Bill 1237


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1237
Primary Sponsor:                Saleeby
Type of Legislation:            GB
Subject:                        Driver education and training
                                programs
Residing Body:                  Senate
Companion Bill Number:          4320
Computer Document Number:       NO5/7932.BD
Introduced Date:                Jan 28, 1992
Last History Body:              Senate
Last History Date:              Mar 10, 1992
Last History Type:              Committee Report:   Favorable with
                                                         amendment
Scope of Legislation:           Statewide
All Sponsors:                   Saleeby
                                Land
                                Pope
                                Mullinax
                                Lourie
                                Thomas
                                Martin
                                Patterson
                                Bryan
                                Hinds
                                Nell
                                W. Smith
                                Leatherman
                                Helmly
                                Fielding
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1237  Senate  Mar 10, 1992  Committee Report: Favorable     15
                             with amendment
 1237  Senate  Jan 28, 1992  Introduced, read first time,    15
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

March 10, 1992

S. 1237

Introduced by SENATORS Saleeby, Land, Pope, Mullinax, Lourie, Thomas, Martin, Patterson, Bryan, Hinds, Nell W. Smith, Leatherman, Helmly and Fielding

S. Printed 3/10/92--S.

Read the first time January 28, 1992.

THE COMMITTEE ON TRANSPORTATION

To whom was referred a Bill (S. 1237), to amend the Code of Laws of South Carolina, 1976, by adding Section 59-53-1875 so as to require driver education and training programs, 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, SECTION 1, Page 2, line 9 by inserting after the word /schools/ the words /and technical schools/.

Amend the bill further, as and if amended, SECTION 5, Page 6, by striking beginning on line 42 and going through Page 7, line 30, and inserting in lieu thereof the following:

"(D) A person under twenty-one years of age shall provide certification of completion of a driver education and training program pursuant to Article 3, Chapter 39 of Title 59, Mandatory Driver Education and Training, Chapter 23 of Title 56, Driver Training Schools, or Section 59-53-1875, driver training in vocational schools, upon application for or reinstatement of a license:

(1) a person who obtains a driver's license for the first time in South Carolina, except a person who possesses a valid driver's license issued by another state or territory of the United States or the District of Columbia;

(2) a person to which the objective standards automobile insurance rate applies. If a person to which the rate applies is over twenty-one years of age, he shall provide certification of completion of a defensive driving course;

(3) a person whose license is suspended or revoked. If a person whose license is suspended or revoked is over twenty-one years of age, he shall provide certification of completion of a defensive driving course.

(E) If a person meets the criteria under subsection (D)(2) or (3) and presents certification that he previously has completed a driver education and training program, he shall provide certification of completion of a defensive driving course."

Amend the bill further, as and if amended, by striking SECTION 8, Page 9, in its entirety.

Amend the bill further, as and if amended, SECTION 10, Page 10, by striking Lines 5 through 8 and inserting in lieu thereof:

/students. All Activities and operations of licensed driver/.

Amend the bill further, as and if amended, SECTION 10, Page 10, by striking Lines 20 through 35 and inserting in lieu thereof:

Section 59-39-310. (A) 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 shall charge a fee of twenty-five dollars within the district to participants in the program.

(B) The twenty-five dollar fee imposed pursuant to this Section shall be waived by the governing board of a school district for each student who is eligible to participate in the Free or Reduced Meal Program pursuant to the provisions of 42 U.S.C. 1773."

Amend the bill further, as and if amended, SECTION 10, Page 11, Line 19, by inserting after the word /teacher/ the words /unless otherwise provided for by law/.

Amend the bill further, as and if amended, SECTION 10, Page 11, Line 35, by

inserting:

"Section 59-39-350. The governing board of a school district may contract with a driver training school to provide driver education and training programs. However, all driver education and training programs provided pursuant to this section must comply with the guidelines established by the State Board of Education for driver education and training programs."

Amend title to conform.

Amend Sections to conform./

ISADORE E. LOURIE, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-1875 SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAMS AND DEFENSIVE DRIVING COURSES IN VOCATIONAL SCHOOLS; TO AMEND SECTIONS 56-1-30, 56-1-40, 56-1-50, AND 56-1-180, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS, AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE REQUIREMENTS ONE YEAR; TO AMEND SECTIONS 56-1-80 AND 56-1-390, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF LICENSES AND PERMITS, SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAM OR DEFENSIVE DRIVING COURSE CERTIFICATION FOR CERTAIN PERSONS; TO AMEND SECTION 56-5-6540, RELATING TO THE ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO DELETE THE REQUIREMENT OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS BEFORE A CITATION MAY BE MADE FOR THE FAILURE TO WEAR A SAFETY BELT; TO AMEND SECTION 56-23-60, RELATING TO THE MINIMUM STANDARDS AND CONDITIONS OF OPERATION OF LICENSED DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE SCHOOLS TO FOLLOW THE GUIDELINES ESTABLISHED BY THE STATE BOARD OF EDUCATION FOR DRIVER EDUCATION AND TRAINING PROGRAMS; 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, REQUIRE 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. The 1976 Code is amended by adding:

"Section 59-53-1875. Vocational schools shall establish driver education and training programs which meet the guidelines established by the State Board of Education in Section 59-39-320 and defensive driving courses."

SECTION 2. 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 3. 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 4. 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 5. Section 56-1-80 of the 1976 Code is amended to read:

Section 56-1-80. (A) Every An application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee, and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and

(5) state whether any such the applicant's license has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for such suspension, revocation, or refusal;

(6) be accompanied by driver education and training program or defensive driving course certification pursuant to subsection (D).

(B) Whenever When an application is received from a person previously licensed in another state, the department shall request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same force and effect as though entered on the operator's record in this State in the original instance.

(C) Every A person who obtains a driver's license for the first time in South Carolina, and every a person who renews his driver's license in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage. The completed and verified form or an affidavit prepared by the department that neither he, nor any a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned to the department within thirty days from the date the license is issued or renewed. Failure to return the form or affidavit results in the suspension of the newly issued or renewed driver's license until a properly executed form or affidavit is returned to the department.

(D) The following persons shall provide certification of completion of a driver education and training program pursuant to Article 3, Chapter 39 of Title 59, Mandatory Driver Education and Training, Chapter 23 of Title 56, Driver Training Schools, or Section 59-53-1875, driver training in vocational schools, upon application for or reinstatement of a license:

(1) a person who obtains a driver's license for the first time in South Carolina, except a person who possesses a valid driver's license issued by another state or territory of the United States or the District of Columbia;

(2) a person twenty-one years of age or younger to which the objective standards automobile insurance rate applies. If a person to which the rate applies is over twenty-one years of age, he shall provide certification of completion of a defensive driving course;

(3) a person twenty-one years of age or younger whose license is suspended or revoked. If a person whose license is suspended or revoked is over twenty-one years of age, he shall provide certification of completion of a defensive driving course.

(E) If a person meets the criteria under subsection (D)(2) or (3) as it applies to a person twenty-one years of age or younger and presents certification that he previously has completed a driver education and training program, he shall provide certification of completion of a defensive driving course."

SECTION 6. 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 7. Section 56-1-390 of the 1976 Code is amended to read:

"Section 56-1-390. (A) (1) Whenever When the Department of Highways and Public Transportation suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars and provides to the department certification of completion of a driver education and training program or a defensive driving course as provided in Section 56-1-80.

(B) (2) All Fees collected by the department under this provision section must be placed in the State Highway Fund and used by the department for maintenance of state highways and bridges, except that one dollar of the fees listed fee in item (1) must be credited to the `Keep South Carolina Beautiful Fund'. From the `Keep South Carolina Beautiful Fund', the department must shall expend such funds as may be necessary to employ, within the department, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."

SECTION 8. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten twenty-five dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty fifty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for a violation of this article does not constitute a criminal offense.

(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop. (C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action."

SECTION 9. Section 56-23-60 of the 1976 Code is amended to read:

"Section 56-23-60. The department may establish minimum standards for the operation of driver training schools authorized to be licensed under the provisions of this chapter and prescribe conditions of operation of the schools. The minimum standards must include, but are not limited to a requirement, the requirements that driver training schools have or have access to sufficient facilities and equipment to conduct an eight-hour defensive driving course for a minimum of ten students and follow the guidelines established by the State Board of Education for driver education and training programs in Section 59-39-320. All Activities and operations of licensed driver training schools are at all times are subject to inspection or examination by authorized representatives of the department."

SECTION 10. Article 3, Chapter 39, Title 59 of the 1976 Code is amended to read:

"Article 3

Mandatory Driver Education and Training

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 shall charge a fee of twenty-five dollars 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:

(1) 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;

(2) instrumental standards;

(3) teacher qualifications;

(4) reimbursement procedure.

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 11. This act takes effect January 1, 1993.

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