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S. 25
STATUS INFORMATION
General Bill
Sponsors: Senators Leatherman, Bryant, Elliott, Mescher, Gregory, Fair and Richardson
Document Path: l:\s-res\hkl\003driv.kmm.doc
Companion/Similar bill(s): 72, 3164
Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Transportation
Summary: School attendance condition for receiving driver license
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 Senate Prefiled 12/8/2004 Senate Referred to Committee on Transportation 1/11/2005 Senate Introduced and read first time SJ-93 1/11/2005 Senate Referred to Committee on Transportation SJ-93
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-45, TO PROHIBIT THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON SEVENTEEN YEARS OF AGE OR UNDER WHO IS NOT A HIGH SCHOOL GRADUATE OR DOES NOT HAVE A G.E.D. CERTIFICATE OR WHO DOES NOT PROVIDE DOCUMENTATION THAT HE IS PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO PROVIDE THAT A PERSON OVER SEVENTEEN YEARS OF AGE BUT NOT OVER EIGHTEEN YEARS OF AGE APPLYING FOR A DRIVER'S LICENSE SHALL PROVIDE THE DEPARTMENT EVIDENCE OF EITHER GRADUATION FROM HIGH SCHOOL, OR HIS G.E.D. CERTIFICATE OR EVIDENCE THAT HE IS ENROLLED IN A PUBLIC OR PRIVATE SCHOOL, TO REQUIRE A SCHOOL'S 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 A SCHOOL'S ATTENDANCE SUPERVISOR TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF A PERSON WHO WITHDRAWS FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF THE PERSON 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 A 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) Notwithstanding another provision of law, 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 over seventeen years of age but not over eighteen years of age 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) A school's 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 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 Transportation of withdrawal and if the student 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 Department of Transportation.
(F) The term 'driver's license', as used in this section, includes a regular driver's license, a special restricted driver's license, a provisional driver's license, and a beginner's permit.
(G) A suspension under this section does not require the filing of a SR-22 on the lifting of the suspension."
SECTION 2. This act takes effect July 1, 2005.
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