Committee: Senate Education
SB 3:
mandate driver's education, to increase certain fees, and to make a
continuous appropriation to provide funding.
MOTION:
AMEND SB 3
"
Section 6. That
§
32-12-11
be amended to read as follows:
32-12-11.
Any person who is at least fourteen years of age may apply to the Department of
Commerce and Regulation for an instruction permit. The department may, after the applicant has
successfully passed all parts of the examination other than the driving test and paid a fee which is
equal in amount to the fee prescribed for a driver's license in
§
32-12-16, issue to the applicant an
instruction permit. The instruction permit entitles the applicant while having the permit in his
immediate possession to drive a motor vehicle upon the public highways for a period of one hundred
and eighty days if accompanied by a licensed operator who is at least eighteen years of age, has had
at least one year of driving experience, and who is occupying a seat beside the driver unless the
permittee is operating a motorcycle or a moped. A motorcycle instruction permit entitles the holder,
while having the permit in his immediate physical possession, to operate a motorcycle during the
hours of 6 a.m. to 8 p.m. if he is accompanied by a licensed motorcycle operator who is at least
eighteen years of age, who has at least one year of driving experience and who is driving another
motorcycle along with the permit holder. No motorcycle instruction permit holder may carry another
person on the motorcycle. The permit is valid for thirty days. The permit may be issued only once
in a one-year period.
(Effective January 1, 1999) Application for instruction permit -- Minimum age -- Examination
and fee -- Duration of permit -- Hours of operation.Any person who is at least fourteen years of age
but less than eighteen years of age applying for a South Dakota driver's license who does not
currently hold a driver's license that has been valid continuously for one hundred eighty days, shall
apply to the Department of Commerce and Regulation for an instruction permit which shall be held
for a minimum of
one hundred eighty
ninety
continuous days. The department may, after the
applicant has successfully passed
an approved course in driver's education and
all parts of the
examination other than the driving test and paid a fee which is equal in amount to the fee prescribed
for a driver's license in
§
32-12-16, issue to the applicant an instruction permit.
The department may
not issue an instruction permit to any person under eighteen years of age who has not successfully
completed an approved course in driver's education.
The instruction permit entitles the applicant
while having the permit in the applicant's immediate possession to drive a motor vehicle upon the
public highways for a period of one year if accompanied by a licensed operator who is at least
eighteen years of age, has had at least one year of driving experience, and who is occupying a seat
beside the driver. The holder of an instruction permit may apply for a restricted permit or operator's
license after holding a valid instruction permit for
one hundred eighty
ninety
continuous days. A
motorcycle instruction permit entitles the holder, while having the permit in the permit holder's
immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. if the
permit holder is accompanied by a licensed motorcycle operator who is at least eighteen years of age,
who has at least one year of driving experience and who is driving another motorcycle along with
the permit holder. No motorcycle instruction permit holder may carry another person on the
motorcycle. The permit is valid for thirty days. The permit may be issued only once in a one-year
period.
32-12-12.
A restricted minor's permit may be issued, upon application and payment of the proper
fee as provided for in
§
32-12-16, and passage of all driver's license examination tests, to any minor
between the ages of fourteen and sixteen years. A restricted minor's permit entitles the holder, while
having the permit in his immediate physical possession, to operate a motor vehicle during the hours
of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated with the permission of the
minor's parents or guardian and during the hours of 8 p.m. to 6 a.m. if the motor vehicle is being
operated under the direction of the minor's parent or guardian who is occupying a seat beside the
driver. The restrictions as to time of operation and operation under the direction of a parent or
guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled
agricultural machine which is not subject to registration under chapter 32-5.
(Effective January 1, 1999) Restricted minor's permit -- Restrictions on operation --
Agricultural machinery.A restricted minor's permit may be issued, upon application and payment
of the proper fee as provided for in
§
32-12-16, to a minor at least fourteen years of age but less than
eighteen years of age who has successfully passed all driver's license examination tests and
completed the requirements of an instruction permit as outlined in
§
32-12-11 and has not been
convicted of a traffic violation during the past six months.
For any such minor who has successfully
completed a driver education class that has been approved by the Division of Education Services and
Resources, the required minimum time period for holding the instruction permit in order to qualify
for the restricted minor's permit is ninety continuous days.
A restricted minor's permit entitles the
holder, while having the permit in immediate physical possession, to operate a motor vehicle during
the hours of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated with the permission
of the minor's parents or guardian and during the hours of 8 p.m. to 6 a.m. if the motor vehicle is
being operated under the direction of the minor's parent or guardian who is occupying a seat beside
the driver. The restrictions as to time of operation and operation under the direction of a parent or
guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled
agricultural machine which is not subject to registration under chapter 32-5.
"
On page 3, line 7, delete "one hundred fifty dollars" and insert "the actual costs incurred".
On page 3, line 24, delete everything after "Section 15." and insert "Sections 6 and 6A are
effective September 1, 2001."
content standards established for an approved driver's education course. Once the instruction is
complete, the parent or guardian who provided the instruction shall sign a waiver provided by the
Department of Commerce and Regulation certifying that the instruction provided to the child meets
the requirements of this section.
"
"
Section
1.
That
§
13-27-3
be amended to read as follows:
13-27-3.
A child shall be excused from school attendance, pursuant to
§
13-27-2, because the
child is otherwise provided with alternative instruction for an equivalent period of time, as in the
public schools, in the basic skills of language arts and mathematics. The parent or guardian of the
child shall identify in the application the place where the child will be instructed and any individual
who will instruct the child. The individuals are not required to be certified. The secretary of the
Department of Education and Cultural Affairs may investigate and determine whether the instruction
is being provided. Failure to provide instruction is grounds for the school board, upon thirty days
notice, to revoke the excuse from school attendance. The secretary of the Department of Education
and Cultural Affairs may inspect the records of an alternative education program with fourteen days
written notice if the secretary has probable cause to believe the program is not in compliance with
this section. The records to be inspected are limited to attendance and evidence showing academic
progress.
No individual may instruct more than twenty-two children. All instructions shall be given so
as to lead to a mastery of the English language. Children receiving alternative instruction who are
in grades tested under the state testing program shall take a nationally standardized achievement test
of the basic skills
and an achievement test to assess writing skills
. The
test
tests
may be the
test
tests
provided by the state and used in the public school district where the child is instructed
or another
nationally standarized achievement test
of the basic skills and another achievement test to assess
writing skills
may be chosen by and provided at the expense of the child's parent, guardian, or school
giving alternative instruction. The
test
tests
may be monitored by the local school district where the
child is instructed.
"
Janet Judson