South Carolina General Assembly
122nd Session, 2017-2018

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Bill 198

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 8, 2017

S. 198

Introduced by Senators Shealy, Alexander, McElveen and Bryant

S. Printed 3/8/17--H.

Read the first time February 2, 2017.

            

A BILL

TO AMEND SECTION 56-1-100 OF THE 1976 CODE, RELATING TO DRIVERS' LICENSES, TO PROVIDE THAT A MINOR MAY APPLY FOR A BEGINNER'S PERMIT, INSTRUCTION PERMIT, OR DRIVERS' LICENSE UNDER THE AUTHORIZATION OF A RESPONSIBLE ADULT WILLING TO ASSUME THE OBLIGATION IMPOSED.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-1-100 of the 1976 Code is amended to read:

"Section 56-1-100.    (A)    The application of an unemancipated minor for a beginner's permit, instruction permit, or driver's license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian, or, for all other minors, by a responsible adult who is willing to assume the obligation imposed under this article upon a person signing the application of a minor. Upon the extension of a permit pursuant to Section 56-1-50, authorization by the father, mother, guardian, or a responsible adult is not required. in the presence of a South Carolina Department of Motor Vehicles employee at the time of application by:

(1)    the father of the minor;

(2)    the mother of the minor;

(3)    the stepparent of the minor;

(4)    the guardian of the minor;

(5)    an individual who has custody, care, and control of the minor;

(6)    any person set forth in Subsection (C)(3), below, with written approval by the Department of Social Services;

(7)    any person who has been standing in loco parentis of the minor for a continuous period of not less than sixty days; or

(8)    any responsible adult who is willing to assume the obligation imposed under this article and who has written permission, from a person listed in items (1)-(7) above, signed and verified before a person authorized to administer oaths.

(B)    The application of an emancipated minor for a beginner's permit or driver's license must be signed in the presence of a South Carolina Department of Motor Vehicles employee at the time of application by a responsible adult who is willing to assume the obligation imposed under this article.

(C)    If the Department of Social Services has guardianship or legal custody of a minor, the application may be signed by:

(1)    the father of the minor;

(2)    the mother of the minor; or

(3)    the foster parent, pre-adoptive parent, or person responsible for the welfare of the child who resides in a child caring facility or residential group care home, upon written approval by the Department of Social Services. The disclosure of information by the Department of Social Services to the Department of Motor Vehicles in order to provide approval for the limited purpose of this code section shall not be a violation of Section 63-7-1990 or any other section of the Children's Code governing the dissemination of confidential information. The foster parent, pre-adoptive parent, or person responsible for the welfare of the child who resides in a child caring facility or residential group care home must obtain approval from the Department of Social Services prior to the request for an extension of a permit pursuant to Section 56-1-50.

(D)    Except as set forth in Subsection (C)(3) above, upon the extension of a permit pursuant to Section 56-1-50, authorization by the person who originally signed the application, under Subsections (A), (B), or (C) above, is not required."

SECTION    2.    This act takes effect upon approval by the Governor.

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