Current Status Bill Number:3174 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:P. Harris All Sponsors:P. Harris, Richardson Drafted Document Number:DKA\3549CM.95 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Motorcycle Safety Education Program
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960507 Recommitted to Committee 21 HEPW
House 19960501 Debate adjourned until
Thursday, 19960502
House 19960131 Debate adjourned until
Wednesday, 19960501
House 19960124 Debate adjourned until
Wednesday, 19960131
House 19960118 Debate adjourned until
Wednesday, 19960124
House 19960111 Debate adjourned until
Wednesday, 19960117
House 19950530 Debate adjourned until
Wednesday, 19950531
House 19950516 Objection by Representative Kelley
Knotts
Moody- Lawrence
House 19950516 Objection withdrawn by Representative Vaughn
House 19950509 Objection by Representative Vaughn
Herdklotz
House 19950502 Debate adjourned until
Tuesday, 19950509
House 19950502 Objection by Representative Simrill
Kirsh
S. Whipper
House 19950426 Debate adjourned until
Tuesday, 19950502
House 19950425 Committee report: Favorable with 21 HEPW
amendment
House 19950110 Introduced, read first time, 21 HEPW
referred to Committee
House 19941221 Prefiled, referred to Committee 21 HEPW
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 25, 1995
H. 3174
S. Printed 4/25/95--H.
Read the first time January 10, 1995.
To whom was referred a Bill (H. 3174), to amend Section 56-1-50, as amended, Code of Laws of South Carolina, 1976, relating to a beginner's driving permit, so as to increase its fee, 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 Section 56-1-50 as contained in SECTION 1, beginning on page 2, and inserting:
/"Section 56-1-50. A person who is at least fifteen 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 except that for a motorcycle beginner's permit or permit renewal, the fee is five 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. Three dollars of the motorcycle permit or permit renewal fee must be placed in the South Carolina Motorcycle Safety Education Trust Fund pursuant to Section 59-53-2024. No permit is valid until it has been so signed by the permittee.
A student regularly enrolled in a high school of this State which conducts a driver training course is not 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.
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. However, these persons at all times must be accompanied by an instructor of the school and may 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."/
Amend further, Section 56-3-760, SECTION 3, page 3, line 39, by striking /Four/ and inserting /Eight/.
When amended the section reads:
/"Section 56-3-760. For every motorcycle or motor-driven cycle the biennial registration fee is ten eighteen dollars. Eight dollars of this fee must be placed in the South Carolina Motorcycle Safety Education Trust Fund pursuant to Section 59-53-2024."/
Amend further, Section 59-53-2024(B)(1), SECTION 7, page 6, line 16, by striking /four/ and /annual/ and inserting /eight/ and /biennial/.
When amended the subsection reads:
/(B) All monies received from the voluntary contribution system established in Section 59-53-2040 and the following revenues must be placed on deposit with the State Treasurer in an interest-bearing account:
(1) eight dollars of the biennial registration fee for each registered motorcycle;
(2) three dollars of the application fee for a motorcycle learner's permit;
(3) two dollars of the fee for each original or renewal motorcycle driver's license./
Amend title to conform.
RONALD P. TOWNSEND, for Committee.
TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-50 of the 1976 Code, as last amended by Section 121, Part II, Act 497 of 1994, is further amended to read:
"Section 56-1-50. A person who is at least fifteen 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 beginner's or renewal permit is two five 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. Three dollars of this fee must be placed in the South Carolina Motorcycle Safety Education Trust Fund pursuant to Section 59-53-2024. No permit is valid until it has been so signed by the permittee.
A student regularly enrolled in a high school of this State which conducts a driver training course is not 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.
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. However, these persons at all times must be accompanied by an instructor of the school and may 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 2. Section 56-1-140 of the 1976 Code, as last amended by Section 55, Part II, Act 497 of 1994, is further amended to read:
"Section 56-1-140. Upon the payment of a fee of twelve dollars and fifty cents for a basic driver's license, or fourteen dollars and fifty cents for a motorcycle driver's license, the department shall issue to every qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license. Two dollars of the fee for a motorcycle driver's license must be placed in the South Carolina Motorcycle Safety Education Trust Fund pursuant to Section 59-53-2024."
SECTION 3. Section 56-3-760 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-760. For every motorcycle or motor-driven cycle the biennial registration fee is ten fourteen dollars. Four dollars of this fee must be placed in the South Carolina Motorcycle Safety Education Trust Fund pursuant to Section 59-53-2024."
SECTION 4. Section 59-53-2010 of the 1976 Code, as added by Act 565 of 1990, is amended to read:
"Section 59-53-2010. As used in this article:
(1) `Program' means a statewide motorcycle safety instruction education program.
(2) `Coordinator Executive Director' means the administrator of the program Executive Director of the State Board for Technical and Comprehensive Education.
(3) `Board' means the State Board for Technical and Comprehensive Education."
SECTION 5. Section 59-53-2020 of the 1976 Code, as added by Act 565 of 1990, is further amended to read:
"Section 59-53-2020. (A) The State Board for Technical and Comprehensive Education is authorized to establish a Motorcycle Safety Instruction Education Program. The board shall designate an individual who is currently an employee of the technical education system to coordinate and administer the program subject to the availability of funds necessary to support such activity. The executive director of the board, or his designee, is responsible for the planning, curriculum, and completion requirements of the program in accordance with subsection (C).
(B) The program must be implemented through the state technical education system at institutions which choose to provide the program. The coordinator shall select and facilitate the training and certification of instructors who shall implement the program. The program shall offer motorcycle rider training courses designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the operation of a motorcycle. The courses must be taught by instructors approved by the board and shall include hands-on instruction for novices.
(C) The program of instruction must incorporate the Motorcycle Safety Foundation Motorcycle Rider Course core curriculum or equivalent as determined by the executive director. A South Carolina resident who holds a valid driver's license for any classification or who is eligible to hold a motorcycle learners permit may enroll in rider training courses.
(D) The board shall issue certificates of completion in a manner and form prescribed by the executive director to persons who satisfactorily complete the requirements of a motorcycle rider training course offered or authorized by the board.
(E) Course content must meet or exceed national standards for motorcycle rider training courses as prescribed by the Motorcycle Safety Foundation.
(F) The board shall approve instructors for the motorcycle training courses. An instructor must meet the requirements of this section, the regulations established by the board, and hold a valid instructor certification issued by the Motorcycle Safety Foundation.
(G) The program shall offer an instructor training course. To complete the instructor training course a person must demonstrate knowledge of the course material, knowledge of proper motorcycle operation, motorcycle riding proficiency, and an aptitude for instructing students. No person may be approved as an instructor unless he has successfully completed the board's instructor training course or an equivalent course offered by another state.
(H) A person seeking to become an instructor must meet the following minimum requirements:
(1) possess a high school diploma or its equivalent;
(2) be at least eighteen years of age;
(3) possess a valid motorcycle driver's license or endorsement which has not been revoked or suspended during the preceding two years;
(4) have at least two years of recent motorcycle riding experience;
(5) have no felony convictions.
(I) The board shall obtain and review a nonresident's driving record before approving or reapproving him as an instructor.
(J) The board shall ensure that instructors meet all requirements of this section. The board shall withdraw approval of an instructor who fails to meet all requirements of this section."
SECTION 6. The 1976 Code is amended by adding:
"Section 59-53-2022. The board shall develop written policies and procedures by the promulgation of regulations for the following:
(1) administration of the motorcycle safety education program;
(2) contracting with public or private entities for course delivery and for the provision of service or materials necessary for implementation of the program;
(3) the offering of motorcycle rider training courses by the board and the approval of courses offered by other entities when they are taught in compliance with standards established for the state program;
(4) the establishment of enrollment fees for participants in courses offered by the board;
(5) the use of program funds to defray its expenses in offering courses and the reimbursement of entities offering approved courses for expenses incurred in offering the courses to minimize course enrollment fees charged by these entities."
SECTION 7. The 1976 Code is amended by adding:
"Section 59-53-2024. (A) There is created the South Carolina Motorcycle Safety Education Program Trust Fund to be administered by the South Carolina State Board for Technical and Comprehensive Education.
(B) All monies received from the voluntary contribution system established in Section 59-53-2040 and the following revenues must be placed on deposit with the State Treasurer in an interest-bearing account:
(1) four dollars of the annual registration fee for each registered motorcycle;
(2) three dollars of the application fee for a motorcycle learner's permit;
(3) two dollars of the fee for each original or renewal motorcycle driver's license.
(C) These funds must be used for administration and implementation of the South Carolina Motorcycle Safety Education Program, including reimbursement of entities that offer motorcycle rider education courses approved by the board.
(D) At the end of each fiscal year, monies remaining in the trust fund may not revert to the general fund. The interest and income earned on money contained in the fund, after deducting applicable charges, must be credited to the fund."
SECTION 8. The 1976 Code is amended by adding:
"Section 59-53-2026. The executive director shall establish a program advisory committee consisting of five persons representing various interests in motorcycle safety to assist in developing, establishing, and maintaining the Motorcycle Safety Education Program. The committee shall monitor program implementation and report to the executive director with recommendations. The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions."
SECTION 9. The 1976 Code is amended by adding:
"Section 59-53-2028. The executive director biannually shall issue a report on the Motorcycle Safety Education Program to be submitted to the Governor and legislature and made available to the public. The report shall include the number and location of the courses offered, the number of approved instructors, the number of students trained, other information about program implementation as the executive director deems appropriate, and an assessment of the impact of the program on motorcycle safety in the State. The report also shall provide complete accounting of revenue receipts of the South Carolina Motorcycle Education Program Trust Fund and all monies expended under the program."
SECTION 10. Section 59-53-2030 of the 1976 Code is repealed.
SECTION 11. This act takes effect July 1, 1995.