South Carolina General Assembly
116th Session, 2005-2006

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S. 1089

STATUS INFORMATION

General Bill
Sponsors: Senator Verdin
Document Path: l:\council\bills\swb\6669cm06.doc

Introduced in the Senate on January 26, 2006
Currently residing in the Senate Committee on Transportation

Summary: Driver training schools

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/26/2006  Senate  Introduced and read first time SJ-11
   1/26/2006  Senate  Referred to Committee on Transportation SJ-11

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/26/2006

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

A BILL

TO AMEND SECTIONS 56-23-10, 56-23-40, 56-23-60, 56-23-70, 56-23-80, AND 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF DRIVER TRAINING SCHOOLS, SO AS TO PROVIDE THAT A LICENSEE MUST HAVE A PERMANENT LOCATION IN THIS STATE, TO INCREASE THE LICENSE FEE, TO REQUIRE A DRIVING TRAINING SCHOOL TO OBTAIN A SURETY BOND, TO REQUIRE A DRIVER TRAINING SCHOOL'S RECORDS TO BE MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR REVIEW, TO REQUIRE DRIVER INSTRUCTOR QUALIFYING COURSES TO BE OFFERED AT LEAST ONCE INSTEAD OF TWICE A YEAR, TO INCREASE THE FEE FOR A TEMPORARY INSTRUCTOR PERMIT AND REQUIRE THE FEE TO BE PLACED IN THE STATE GENERAL FUND, TO SUBJECT A TEMPORARY DRIVER INSTRUCTOR'S ACTIVITIES AND INSTRUCTION TO AN AUDIT OF DRIVING SKILLS AND CLASSROOM TEACHING BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT A PERSON ENGAGED IN CLASSROOM INSTRUCTION OR BEHIND THE WHEEL INSTRUCTION MUST HOLD AN INSTRUCTION PERMIT OR TEMPORARY DRIVER INSTRUCTOR PERMIT, TO PROVIDE THAT A PRIVATE HIGH SCHOOL INSTRUCTOR IS NOT REQUIRED TO PAY A FEE FOR A PERMIT, AND TO PROVIDE THE FEES FROM THE SALE OF INSTRUCTOR PERMITS MUST BE DEPOSITED IN THE STATE GENERAL FUND.

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

SECTION    1.    Section 56-23-10 of the 1976 Code is amended to read:

"Section 56-23-10.    No A person may not engage in the business of training or educating persons to drive or operate motor vehicles or offer training or education to conduct either the classroom or the behind the wheel training, or both, for which a fee or charge is made, unless and until the person has obtained and holds a valid driver training school license issued by the Department of Motor Vehicles. A person may hold a license to teach only either classroom or the behind the wheel training. The licensee must have a permanent location in this State and all motor vehicles used for behind the wheel instruction must be registered in this State. If licensed for classroom training only, the motor vehicle requirement shall be waived."

SECTION    2.    Section 56-23-40 of the 1976 Code is amended to read:

"Section 56-23-40.    The annual license fee for each driver training school licensed under the provisions of this chapter shall be fifty is one hundred dollars,. and all such licenses Prior to operation, each licensed driver training school also must obtain a corporate surety bond in the amount of ten thousand dollars. 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 statutes applicable to the license and as indemnification for loss or damage suffered by a person having retained services of a driver training school. Licenses issued shall pursuant to this section expire on June thirtieth of the license year of issue. The proceeds from the sale of driver training school licenses shall must be placed in the state general fund for the administration and enforcement of this chapter and title."

SECTION    3.    Section 56-23-60 of the 1976 Code is amended to read:

"Section 56-23-60.    The Department of Motor Vehicles may establish minimum standards for the operation of driver training schools authorized to be licensed under the provisions of this chapter and prescribe conditions of operation of the schools. The minimum standards must include, but are not limited to, a requirement that driver training schools have or have access to sufficient facilities and equipment to conduct an eight-hour defensive driving course for a minimum of ten students. All activities and operations of licensed driver training schools are at all times subject to inspection or examination by authorized representatives of the Department. In addition, records of these activities and operations must be made available at the permanent location in this State by the department upon its request."

SECTION    4.    Section 56-23-70 of the 1976 Code is amended to read:

"Section 56-23-70.    Driver instructor qualifying courses may be conducted by recognized college or university or driving school instructors who have successfully have completed an approved forty-hour safety education course from a recognized college or university and have acquired an instructor permit from the Department of Motor Vehicles. Where such qualifying courses are offered they shall must be supervised by the department and shall must be offered at least twice once a year."

SECTION    5.    Section 56-23-80 of the 1976 Code is amended to read:

"Section 56-23-80.    Temporary instructor permits may be issued after special examination by the Department of Motor Vehicles and upon payment of a ten twenty dollar fee to the Department department. Temporary instructor permits shall be are valid for six months and until the next available and approved qualifying class, but in no event shall such permits exceed one year. A temporary driver instructor's activities and instruction are subject to an audit of driving skills and classroom teaching by authorized representatives of the department. The proceeds from the sale of temporary instructor permits must be deposited in the state general fund."

SECTION    6.    Section 56-23-85 of the 1976 Code is amended to read:

"Section 56-23-85.    No A person connected with driver training schools or private, parochial, or public high schools shall not engage in behind the wheel training of persons to drive or operate motor vehicles either classroom only instruction, or behind the wheel only instruction, or both, unless such the person has obtained and holds a valid driver instructor permit or temporary driver instructor permit therefor issued by the Department of Motor Vehicles.

Appropriate examination for such a instructor permit shall must be at the discretion of the department. The annual fee for an instructor permit shall be is twenty dollars, and all such instructor permits shall expire on June thirtieth. Public and private high school instructors shall are not be required to pay a fee for a permit. The proceeds from the sale of instructor permits must be deposited in the state general fund."

SECTION    7.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    8.    This act takes effect January 1, 2007.

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