South Carolina General Assembly
111th Session, 1995-1996

Bill 7


Indicates Matter Stricken
Indicates New Matter


                    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



History


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

View additional legislative information at the LPITS web site.


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

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.

A BILL

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.

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