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Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, However, that such these persons shall at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."

E. Section 56-1-80 of the 1976 Code, as last amended by Section 1298, Act 181 of 1993, is further amended to read:

"Section 56-1-80. Every application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee, and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and

(5) state whether any such a license or permit has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for such the suspension, revocation, or refusal.

Whenever application is received from a person previously licensed or permitted in another state, the Department of Revenue and Taxation in conjunction with the Department of Public Safety, shall request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same force and effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina, and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department that neither he, nor any a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned to the department within thirty days from the date the license or permit is issued

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

"Section 56-1-100. The application of any an unemancipated minor for a beginner's permit, instruction permit, or driver's license shall must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian or, in the case of for all other minors, by some 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."

G. Section 56-1-140 of the 1976 Code is amended to read:

"Section 56-1-140. The Department shall Upon the payment of a fee of ten twelve dollars and fifty cents, the department shall issue to every qualified applicant qualifying therefor a driver's license as applied for, which. The license shall must bear thereon on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address, and a brief description and laminated colored photograph of the licensee and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be is valid until it has been so signed by the licensee. The license shall authorize authorizes the licensee to operate only those classifications of vehicles as indicated on the license."

H. Section 56-1-200 of the 1976 Code is amended to read:

"Section 56-1-200. In the event that If a driver's license is lost or destroyed, the person to whom the license was issued may, upon payment of a fee of fifty cents three dollars, may obtain a duplicate or, substitution thereof of it upon furnishing proof satisfactory to the department that such the license has been lost or destroyed."

I. Section 56-1-210 of the 1976 Code is amended to read:

"Section 56-1-210. Every license expires on the licensee's birth date on the fourth fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from any a person authorized by law to examine eyes.

No license may be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to

If the license of any a person expires, and he was is unable to renew it before its expiration date because he was on active military duty outside this State for a continuous period of at least thirty days immediately prior to before the expiration date or because he was the spouse or dependent living for a continuous period of at least thirty days immediately prior to before the expiration date with a person on active military duty outside this State, the person, within forty-five days after returning to this State, may renew the license in the manner permitted by this section as though the license had not expired. The department may require proof that a person qualifies for renewal of his license under this paragraph as the department considers necessary."

J. Section 56-3-210 of the 1976 Code is amended to read:

"Section 56-3-210. Persons newly acquiring these vehicles and owners of foreign vehicles being moved into this State and required to be registered under the provisions of this chapter may have a period of not exceeding thirty more than forty-five days in which to register and license them."

K. Section 56-3-230 of the 1976 Code is amended to read:

"Section 56-3-230. Every owner of a vehicle subject to registration and for which a license is required hereunder shall make application to the department for the registration and licensing of such the vehicle upon the appropriate form or forms furnished by the department. Every such application shall must bear the signature of the owner, and such signature shall be acknowledged by the owner before a person authorized to administer oaths."

L. Section 56-3-376 of the 1976 Code, as last amended by Section 22C, Part II, Act 164 of 1993, is further amended by adding at the end:

"Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."

"Section 56-3-730. The owner of a vehicle classified under Sections 56-3-130 and 56-3-660 to 56-3-710, may register and license such the vehicle for the desired load capacity classification, and. A previous registration and license for a particular load capacity classification for a particular vehicle shall does not be deemed as fixing fix the load capacity classification on such the vehicle for future registrations and licenses or renewals. Also The owner may have has the privilege at any time during a then current registration and license period to raise the load classification for a vehicle by making application therefor for it to the department and paying the required increased differential in fee, but. However, the owner may does not have the privilege of reducing the load classification for a particular vehicle until the expiration of the then current registration and license period. A vehicle classified under this chapter as a truck with an empty weight of not more than five thousand pounds or with a gross weight of not more than eight thousand pounds must display a gross vehicle weight license plate."

N. Section 56-3-1320 of the 1976 Code is amended to read:

"Section 56-3-1320. The department shall charge a fee of six dollars or the annual registration fee, whichever is less, for every license plate or revalidation sticker issued as a replacement except those vehicles whose fees are prescribed by Section 56-3-660. If a special personalized plate is replaced by a license plate for which the initial registration fee is set by Section 56-3-620, the Department shall charge a fee of six dollars. If the However, when a special personalized plate is replaced by a new special personalized plate, the department shall charge a fee in the same amount as the original fee. The department shall require proof of the payment of taxes when issuing a replacement plate or replacement revalidation sticker. A fee of one dollar must may be charged for postage and handling if the replacement plate or sticker is to be mailed to the owner. The department may not charge a fee for every duplicate registration card issued as a replacement for a registered and licensed vehicle, but a fee of one dollar must be charged for every other type duplicate registration card issued by the department."

O. Section 56-5-5340 of the 1976 Code, as last amended by Section 1454, Act 181 of 1993, is further amended to read:

"Section 56-5-5340. The Department of Revenue and Taxation shall may not register a used vehicle for the first time unless the application therefor for it is accompanied by a copy of a certificate of inspection as provided for in this article and made out in the name of statement signed by the new owner that the department's inspection requirements for the

P. Section 56-5-5350 of the 1976 Code, as last amended by Section 1455, Act 181 of 1993, is further amended to read:

"Section 56-5-5350. (A) The Department of Revenue and Taxation shall require that every vehicle registered in this State, except house trailers, shall must be inspected at least once a year and have displayed at all times a department-approved certificate of inspection and approval in a practical location specified by the department. No person shall may drive or move on any a highway any a vehicle, except a house trailers trailer, unless there shall be is in effect and properly displayed thereon on it a current certificate of inspection.

(B) Such The inspection shall must be made of every such vehicle and such certificates obtained with respect to the mechanism, lights, tires, brakes, and equipment of such the vehicle as shall be designated by the department.

(C) The department of Revenue and Taxation may accept a certificate of inspection and approval issued by a qualified agency or department of another state and shall except from the provisions of this article all vehicles subject to the United States Department of Transportation federal motor carrier safety regulations.

(D) The department of Revenue and Taxation shall suspend the registration of any a vehicle which it determines is in such an unsafe condition as to constitute and constitutes a menace to safety and which after notice and demand is not equipped, as required in this article, and for which a required certificate has not been obtained.

(E) The department of Revenue and Taxation, before registering and titling a vehicle, shall require that the application therefor be for it is accompanied by an official certificate of inspection and approval issued for the vehicle by an inspection station licensed to inspect vehicles in this State a statement signed by the applicant that the department's inspection requirements for the vehicle have been fulfilled.

(F) No motor vehicle shall may be sold in South Carolina without having a valid South Carolina inspection stamp affixed before delivery to the buyer."

Q. Section 56-10-10 of the 1976 Code, as last amended by Section 1473, Act 181 of 1993, is further amended to read:

"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each such motor vehicle owned by him

R. Section 56-15-310 of the 1976 Code is amended to read:

"Section 56-15-310. (1)(A) Before engaging in business as a dealer or wholesaler in this State, a person first must make application shall apply to the department for a license. Each license issued expires on December thirty-first next following the date of issuance must be assigned an annual expiration date pursuant to a staggered monthly basis and must be displayed prominently at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to another person or place of business except that. However, a licensed dealer may exhibit and sell motor homes, as defined by Section 56-15-10, at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a temporary dealer's license in the manner required by this section. Before exhibiting and selling motor homes at temporary locations as permitted above in this subsection, the dealer shall first make application shall apply to the department for a license. To be eligible for a temporary license, a dealer shall hold a valid dealer's license issued pursuant to this chapter. Every temporary dealer's license issued is valid for a period not to exceed more than ten consecutive days and must be prominently displayed prominently at the temporary place of business. No dealer may purchase more than six temporary licenses in any one calendar year. The fee for each temporary license issued is twenty dollars. A temporary license applies to only one dealer operating in a temporary location and is not transferable to any other another dealer or location.

(B) Any A person failing to secure a temporary license as required by this section is guilty of a misdemeanor and, upon conviction, must be punished in the same manner as he would be punished for failure to secure his regular dealer's license.

(C) The provisions of This section may does not be construed as allowing allow the sale of any type of motor vehicles other than motor homes at authorized temporary locations.

(a)(1) By a fine of not less than fifty dollars nor more than two hundred dollars or imprisonment for imprisoned not more than thirty days for the first offense.;

(b)(2) By a fine of not less than two hundred dollars nor more than one thousand dollars or imprisonment for imprisoned not more than six months, or both, for the second offense.;

(c)(3) By a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for imprisoned not more than two years, or both, for the third or any a subsequent offense.

(E) For purposes of this section, the sale of each motor vehicle constitutes a separate offense."

S. Section 56-15-320 of the 1976 Code, as last amended by Section 1485, Act 181 of 1993, is further amended to read:

"Section 56-15-320. (1)(A) Before any a license as a `wholesaler' or `dealer' is issued to an applicant, he must shall file an application with the department and furnish the information the department may require, including, but not limited to, information adequately identifying by name and address any individual individuals who owns own or controls control ten percent or more of the interest in the business. The policy of this section is full disclosure.

(2)(B) Each applicant for licensure as a dealer or wholesaler must shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form to be prescribed by the director of the department. The bond must be given to the department and executed by the applicant, as principal, and by a corporate surety company authorized to do business in this State, as surety. The bond must be conditioned upon the applicant or licensee complying with the provisions of the statutes applicable to the license and as indemnification for any loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of any fraud practiced or fraudulent representation made in connection with the sale or transfer of a motor vehicle by a licensed dealer or wholesaler or the dealer's or wholesaler's agent acting for the dealer or wholesaler or within the scope of employment of the agent or any loss or damage suffered by reason of the violation by the dealer or wholesaler or his agent, of any of the provisions of this chapter. An owner or his legal representative, who suffers the loss or damage has a right of action against the dealer or wholesaler and against the dealer's or wholesaler's surety upon the bond and may recover damages as provided in this chapter. A new bond or a

(3)(C) If, during any a license year, there is any a change in the information that a dealer or wholesaler gave the department in obtaining or retaining a license under this section, the licensee shall report the change to the department within thirty days after the change occurs on the form the department requires.

(4)(D) In the event If a licensee ceases being a dealer or wholesaler, he shall, within ten days thereafter of that time, he shall notify the department of this fact and return to the department any a license issued pursuant to this chapter and all current dealer license plates issued to the dealer or wholesaler."

T. Funds generated from the adoption of this section must be credited to the General Fund and must be appropriated to the Department of Health and Environmental Control for the provision of long acting or permanent forms of contraception such as implants, injections or sterilization.

U. This section takes effect January 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. McLEOD explained the amendment.

Rep. WALKER raised the Point of Order that Amendment No. 157 was out of order as it was not germane.

Rep. McLEOD argued contra the Point.

SPEAKER Pro Tempore WILKINS stated that the last paragraph of the amendment referred to the General Fund and the Department of Health and Environmental Control and he overruled the point of Order.

Rep. FARR moved to table the amendment.

Rep. McLEOD demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 49 to 38.

Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:

A. Section 58-3-20 of the 1976 Code, as last amended by Section 1549 of Act 181 of 1993, is further amended to read:

"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.

The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980 1990. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission."

B. The terms of all of the members of the Public Service Commission serving on the effective date of this section shall terminate during Fiscal Year 1994-1995 upon the election of their successors by the General Assembly pursuant to Section 58-3-20 of the 1976 Code of Laws, as amended by subsection A of this section. Such election of the successors must be accomplished by the General Assembly before sine die adjournment of the 1995 Session.

C. This section takes effect July 1, 1994./

Renumber sections and amend title to conform.

Rep. QUINN explained the amendment.

Rep. BAXLEY raised the Point of Order that Amendment No. 158 was out of order as it was not germane.

Rep. QUINN argued contra the Point.

Rep. BAXLEY stated that there was not a change in expenditures and it was not germane under Rule 5.3.

Rep. HASKINS stated that it had no effect on revenue or expenditures.

Rep. QUINN continued to argue contra the Point.

Rep. FELDER stated that it did not affect revenue or the appropriation of money.

SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 159 (Doc Name L:\council\legis\amend\GJK\20604SD.94), which was tabled.

Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered to read:

The 1976 Code is amended by adding:

"Section 59-17-115. Every school district with at least two thousand five hundred students as reflected on the one hundred thirty-five day attendance report must establish during fiscal year 1994-95 an alternative school to serve at-risk students of the district. An alternative school for purposes of this section is a school which serves students who have failed in more traditional settings by providing special instruction programs, counseling, and other curricula which are tailored to the student's individual needs.

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