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Current Status Bill Number:View additional legislative information at the LPITS web site.4825 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000328 Primary Sponsor:M. McLeod All Sponsors:M. McLeod, Bailey, J. Brown, Emory, Keegan and J.M. Neal Drafted Document Number:l:\council\bills\swb\5075djc00.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Drivers licenses, school attendance condition of privilege to obtain; Motor Vehicles, Schools and School Districts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000328 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS 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 GENERAL EDUCATION DEVELOPMENT 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 upon approval by the Governor.
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