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H. 4564
STATUS INFORMATION
General Bill
Sponsors: Rep. Littlejohn
Document Path: l:\council\bills\swb\5753cm04.doc
Introduced in the House on January 20, 2004
Currently residing in the House Committee on Education and Public Works
Summary: School attendance as requirement for driving privileges for those under 18
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/20/2004 House Introduced and read first time HJ-14 1/20/2004 House Referred to Committee on Education and Public Works HJ-14
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended to read:
"Section 56-1-176. (A) School attendance is a condition for the issuance of a beginner's permit, a conditional driver's license, and a special restricted driver's license, and a regular driver's license for a person who is less than eighteen years of age. The department may not issue a beginner's permit, conditional driver's license, or a special restricted driver's license, or a regular driver's license to a person less than eighteen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175 or Section 56-1-180 unless the person:
(1) has a high school diploma or certificate, or a General Education Development Certificate; or
(2) is enrolled in a public or private school or is home schooled under the provisions contained in Section 59-65-40, 59-65-45, or 59-65-47, and is making satisfactory progress in a curriculum leading to a General Educational Development Certificate or has obtained the certificate, or is excused from a requirement contained in this section and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status and progress must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2).
(C) The appropriate school official shall provide documentation of enrollment status and progress on a form approved by the Department of Education to any student at least fifteen but less than eighteen years of age upon request to the applicant who is properly enrolled in a school under the jurisdiction of the official for presentation to the Department of Motor Vehicles on application for or reinstatement of a beginner's permit or license to operate a motor vehicle. Whenever a student at least fifteen but less than eighteen years of age withdraws from school, except as provided in subsection (E) of this section, the appropriate school official shall notify the Department of Motor Vehicles by electronic mail of the withdrawal not later than five days from the withdrawal date. Within five days of receipt of the notice, the department of Motor Vehicles shall send notice to the licensee that the license will be suspended under the provisions of this section on the tenth day following the date the notice was sent unless documentation of compliance with the provisions of this section is received by the Department of Motor Vehicles before that time. If suspended, the department may not reinstate a permit or license until the person provides proof to the Department of Motor Vehicles that he is actively pursuing a Development Certificate or successfully reenrolled in a public or private school or is home schooled under the provisions contained in Sections 59-65-40, 59-65-45, or 59-65-47.
(D) For the purposes of this section:
(1) 'withdrawal' means more than ten total days unexcused absences during a school year; and
(2) expulsion from school or imprisonment is not a circumstance beyond the control of a student.
(E) Whenever the student withdraws from school or fails to make satisfactory progress in a curriculum leading to or while obtaining a General Educational Development Certificate or high school diploma, and it is beyond the control of the student, or is for the purpose of transfer to another school as confirmed in writing by the student's parent or guardian, notice shall not be sent to the Department of Motor Vehicles to suspend the student's permit or driver's license and if the student is applying for a permit or license, the appropriate school official shall provide the student with documentation to present to the Department of Motor Vehicles to excuse the student from the provisions of this section. The appropriate school official shall be the sole judge of whether withdrawal is due to circumstances beyond the control of the person."
SECTION 2. This act takes effect upon approval by the Governor.
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