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H. 4360
STATUS INFORMATION
General Bill
Sponsors: Reps. Huggins and Littlejohn
Document Path: l:\council\bills\swb\5379cm08.doc
Companion/Similar bill(s): 3411
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Education and Public Works
Summary: Driver's license
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/12/2007 House Prefiled
12/12/2007 House Referred to Committee on Education and Public Works
1/8/2008 House Introduced and read first time HJ-44
1/8/2008 House Referred to Committee on Education and Public Works HJ-45
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS TO WHOM THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE A DRIVER'S LICENSE OR RENEW A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A REGULAR DRIVER'S LICENSE WHO IS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT OPERATE A MOTOR VEHICLE BETWEEN MIDNIGHT AND SIX O' CLOCK A.M. UNLESS ACCOMPANIED BY HIS LICENSED PARENT OR GUARDIAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-40 of the 1976 Code is amended to read:
"Section 56-1-40. (A) The Department of Motor Vehicles may not issue a motor vehicle driver's license to or renew the driver's license of a person:
(1) who is under seventeen years of age, except that the department may issue a license to a sixteen-year-old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the conditional license, if the driver has not been convicted of a traffic offense or has not been involved in an accident in which he was at fault during that period. However, the department may issue a beginner's permit as provided in Section 56-1-50 to a person who is at least fifteen years of age and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;
(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction, except as otherwise provided for in this title;
(3) who is an habitual user of alcohol or any other drug to a degree which prevents him from safely operating a motor vehicle;
(4) who has a mental or physical condition which prevents him from safely operating a motor vehicle;
(5) who is required by this article to take an examination, unless the person successfully has passed the examination;
(6) who is required under the laws of this State to provide proof of financial responsibility and has not provided the proof;
(7) who is not a resident of South Carolina. For purposes of determining eligibility to obtain or renew a South Carolina driver's license, the term 'resident of South Carolina' shall expressly include all persons authorized by the United States Department of Justice, the United States Immigration and Naturalization Service, or the United States Department of State to live, work, or study in the United States on a temporary or permanent basis who present documents indicating their intent to live, work, or study in South Carolina. These persons and their dependents are eligible to obtain a motor vehicle driver's license or have one renewed pursuant to this provision. A driver's license issued pursuant to this item to a person who is not a lawful permanent resident of the United States shall expire on the later of: (1) the expiration date of the driver's license applicant's authorized period of stay in the United States; or (2) the expiration date of the driver's license applicant's employment authorization document. However, in no event shall a driver's license issued pursuant to this item expire less than one year or more than five years from the date of its issue. In addition, a person pending adjustment of status who presents appropriate documentation to the Department of Motor Vehicles shall be granted a one-year extension of his driver's license which is renewable annually.
(8) who must not be issued a license as otherwise provided by the laws of this State.
(B) Notwithstanding another provision of law, a holder of a regular driver's license who is less than eighteen years of age may not operate a vehicle between midnight and 6:00 a.m. unless accompanied by his licensed parent or guardian."
SECTION 2. This act takes effect upon approval by the Governor.
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