Current Status Bill Number:7 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Leatherman All Sponsors:Leatherman, Wilson, Rose, Elliott, Rankin, Washington Drafted Document Number:DKA\3457CM.95 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Date of Last Amendment:19950405 Subject:Drivers license prohibited if not student
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950406 Introduced, read first time, 21 HEPW
referred to Committee
Senate 19950405 Amended, read third time,
sent to House
Senate 19950308 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19950221 Committee report: Favorable with 15 ST
amendment
Senate 19950110 Introduced, read first time, 15 ST
referred to Committee
Senate 19940919 Prefiled, referred to Committee 15 ST
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AS PASSED BY THE SENATE
April 5, 1995
S. 7
Introduced by SENATORS Leatherman, Wilson, Rose, Rankin, Washington and Elliott
S. Printed 4/5/95--S.
Read the first time January 10, 1995.
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 TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF 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.
Amend Title To Conform
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) The department may not issue a driver's license to a person eighteen years of age or under unless:
(1) the person has a high school diploma or certificate, or other evidence of graduation from high school; or a General Education Development Certificate; or
(2) the person acknowledges by an affirmation, provided on the license application form, that:
(a) indicates the applicant is currently 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
(b) the person has conformed to the attendance laws, regulations, and policies of his school, school district, and the State Board of Education, as applicable; and
(c) the person is not currently suspended from school.
(B) Upon notice from the local school board that a person licensed pursuant to the provision of this section has withdrawn from school and has not provided notice of enrollment in another school district, the department shall immediately suspend the driver's license of such person, unless an exception is granted pursuant to subsection (C).
(C) If the board of trustees of a school district 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 department may authorize the issuance of a license for a person denied a license or where a license has been suspended pursuant to this section.
(D) 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.
(E) 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, 1995.