2005-2006 Bill 1287: Driver Instructor Permit - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

A328, R362, S1287

STATUS INFORMATION

General Bill

Sponsors: Senator Verdin

Document Path: l:\council\bills\swb\6789cm06.doc

Introduced in the Senate on March 28, 2006

Introduced in the House on May 2, 2006

Last Amended on May 17, 2006

Passed by the General Assembly on May 30, 2006

Became law without Governor's signature, June 7, 2006

Summary: Driver instructor permit

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

3/28/2006SenateIntroduced and read first time SJ6

3/28/2006SenateReferred to Committee on TransportationSJ6

4/25/2006SenatePolled out of committee TransportationSJ18

4/25/2006SenateCommittee report: Favorable TransportationSJ18

4/26/2006SenateRead second time SJ32

4/27/2006SenateRead third time and sent to House SJ34

5/2/2006HouseIntroduced and read first time HJ21

5/2/2006HouseReferred to Committee on Education and Public WorksHJ21

5/10/2006HouseCommittee report: Favorable with amendment Education and Public WorksHJ96

5/16/2006HouseDebate adjourned until Wednesday, May 17, 2006 HJ16

5/17/2006HouseAmended HJ37

5/17/2006HouseRead second time HJ41

5/18/2006HouseRead third time and returned to Senate with amendments HJ38

5/18/2006Scrivener's error corrected

5/30/2006SenateConcurred in House amendment and enrolled SJ100

5/31/2006Ratified R 362

6/7/2006Became law without Governor's signature

6/12/2006Copies available SJ2

6/12/2006Effective date 01/01/07

6/16/2006Act No.328

VERSIONS OF THIS BILL

3/28/2006

4/25/2006

5/10/2006

5/17/2006

5/18/2006

(A328, R362, S1287)

AN ACT TO AMEND SECTION 562310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF DRIVER TRAINING SCHOOLS, SO AS TO PROVIDE THAT CERTAIN PERSONS MAY NOT CONDUCT EITHER THE CLASSROOM OR THE BEHIND THE WHEEL TRAINING, OR BOTH, UNLESS HE HOLDS A DRIVER TRAINING SCHOOL LICENSE, AND TO PROVIDE THAT A PERSON MAY HOLD A LICENSE TO TEACH CLASSROOM ONLY OR TO TEACH BEHIND THE WHEEL TRAINING ONLY; TO AMEND SECTION 562340, RELATING TO THE ANNUAL LICENSE FEE FOR A LICENSED DRIVER TRAINING SCHOOL, SO AS TO INCREASE THE FEE, AND TO REQUIRE A LICENSED DRIVER TRAINING SCHOOL TO OBTAIN A CORPORATE SURETY BOND; TO AMEND SECTION 562360, RELATING TO THE ESTABLISHMENT OF MINIMUM STANDARDS FOR THE OPERATION OF DRIVER TRAINING SCHOOLS, SO AS TO PROVIDE THAT CERTAIN RECORDS OF ACTIVITIES AND OPERATIONS OF THESE SCHOOLS MUST BE MADE AVAILABLE FOR REVIEW BY THE DEPARTMENT OF MOTOR VEHICLES; TO AMEND SECTION 562370, RELATING TO DRIVER INSTRUCTOR QUALIFYING COURSES, SO AS TO REVISE THE NUMBER OF TIMES THE COURSES MUST BE OFFERED DURING A YEAR; TO AMEND SECTION 562380, RELATING TO THE ISSUANCE OF TEMPORARY INSTRUCTOR PERMITS, SO AS TO INCREASE THE FEE CHARGED FOR A PERMIT, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUDIT A TEMPORARY DRIVER INSTRUCTOR’S ACTIVITIES AND INSTRUCTION, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF TEMPORARY INSTRUCTOR PERMITS; TO AMEND SECTION 562385, RELATING TO DRIVER INSTRUCTOR PERMITS AND TEMPORARY DRIVER INSTRUCTOR PERMITS, SO AS TO REVISE THE TYPE OF TRAINING A PERSON WHO HOLDS A DRIVER INSTRUCTOR PERMIT OR A TEMPORARY DRIVER INSTRUCTOR PERMIT MAY OFFER, TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS OBTAINED FROM THE SALE OF INSTRUCTOR PERMITS; AND BY ADDING SECTION 5623100 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE CERTAIN REGULATIONS.

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

Licensing of driver training schools

SECTION1. Section 562310 of the 1976 Code is amended to read:

“Section 562310. 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 classroom only or to teach behind the wheel training only. 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.”

Annual license fee

SECTION2.Section 562340 of the 1976 Code is amended to read:

“Section 562340.The annual license fee for each driver training school licensed under the provisions of this chapter is fifty dollars. 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 pursuant to this section expire on June thirtieth of the license year of issue. The proceeds from the sale of driver training school licenses must be placed in the state general fund for the administration and enforcement of this chapter and title.”

Operation of driver training schools

SECTION3.Section 562360 of the 1976 Code is amended to read:

“Section 562360.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 eighthour 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 for review by the department upon its request.”

Driver instructor qualifying courses

SECTION4.Section 562370 of the 1976 Code is amended to read:

“Section 562370.Driver instructor qualifying courses may be conducted by recognized college, university, or driving school instructors who successfully have completed an approved fortyhour 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 must be supervised by the department and must be offered at least once a year.”

Issuance of temporary instructor permits

SECTION5.Section 562380 of the 1976 Code is amended to read:

“Section 562380.Temporary instructor permits may be issued after special examination by the Department of Motor Vehicles and upon payment of a twentydollar fee to the department. Temporary instructor permits 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.”

Driver instructor permits

SECTION6.Section 562385 of the 1976 Code is amended to read:

“Section 562385. A person connected with driver training schools or private, parochial, or public high schools shall not engage in either classroom only instruction, or behind the wheel only instruction, or both, unless the person has obtained and holds a valid driver instructor permit or temporary driver instructor permit issued by the Department of Motor Vehicles.

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

Promulgation of regulations

SECTION7.Chapter 23, Title 56 of the 1976 Code is amended by adding:

“Section 5623100.The Department of Motor Vehicles may promulgate regulations to carry out the provisions contained in this chapter.”

Savings clause

SECTION8.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.

Time effective

SECTION9.This act takes effect January 1, 2007.

Ratified the 31st day of May, 2006.

Became law without the signature of the Governor -- 6/7/06.

______

1