Current Status Introducing Body:
SenateBill Number: 224Primary Sponsor: LeathermanType of Legislation: GBSubject: Driver license issuance to person under seventeenResiding Body: SenateComputer Document Number: DKA/4110AL.93Introduced Date: 19930119Last History Body: SenateLast History Date: 19930330Last History Type: Committee Report: majority favorable, with amendment, minority unfavorableScope of Legislation: StatewideAll Sponsors: Leatherman WilsonType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 224 Senate 19930330 Committee Report: majority 04 favorable, with amendment, minority unfavorable 224 Senate 19930119 Introduced, read first time, 04 referred to CommitteeView additional legislative information at the LPITS web site.
March 30, 1993
S. Printed 3/30/93--S.
Read the first time January 19, 1993.
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
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.
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
State Budget Analyst
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.