A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-1-560 SO AS TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY ISSuE MOBILE DRIVERS' LICENSES AND MOBILE SPECIAL IDENTIFICATION CARDS; AND BY AMENDING SECTION 56-1-190, RELATING TO REQUIRING DRIVERS' LICENSES TO BE CARRIED AND EXHIBITED ON DEMAND, SO AS TO PROVIDE FOR THE CARRYING AND EXHIBITING OF MOBILE DRIVERS' LICENSES.

 

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

 

SECTION 1.  Article 1, Chapter 1, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-1-560.  (A) As used in this section:

       (1) "Mobile driver's license" means an electronic driver's license, electronic motorcycle license issued by the Department of Motor Vehicles that is accessible on a mobile electronic communication device and includes all information found on a printed, hard-copy driver's license, or motorcycle license issued by the department.

       (2) "Mobile electronic communication device" means any mobile device capable of communication or other transmission of information and includes, but is not limited to, a cellular telephone, wireless tablet, any device with internet capability, or other wireless communication device.

       (3) "Mobile special identification card" means an electronic identification card issued by the department that is accessible on a mobile electronic communication device and includes all information found on a printed, hard-copy special identification card issued by the department.

    (B) The department shall create and issue a mobile driver's license or mobile special identification card to an individual who voluntarily requests a mobile driver's license or mobile special identification card and who meets all requirements for the issuance of a driver's license or special identification card. The department may charge and collect a reasonable fee for the issuance of mobile drivers' licenses and mobile special identification cards. The department shall retain the fee to offset the cost of providing this service.

    (C) The department shall provide that the mobile drivers' licenses and mobile special identification cards include features to ensure the security and integrity of the drivers' license and special identification cards. A process, prescribed by the department, shall provide for the issuance of mobile drivers' licenses and mobile special identification cards to prevent and detect the alteration, duplication, counterfeiting, photographing, forging, or other modification of the mobile drivers' license and mobile special identification cards.

    (D) The commission shall allow a person with a mobile driver's license or a mobile special identification card, or a person applying for the driver's license or special identification card, to update the person's motor vehicle record including, but not limited to, a change of address and organ donor status. The changes shall become part of the person's official motor vehicle record and shall take precedence over information provided on a printed, hard-copy driver's license and special identification card.

    (E) The use of a cellular telephone, tablet, computer, or any other electronic device to display a mobile driver's license, does not constitute consent for a law enforcement officer or judge to access any other contents on the device. Any law enforcement officer or judge presented with an electronic device pursuant to this section shall be immune from any liability resulting from damage to the device.

 

SECTION 2.  Section 56-1-190 of the S.C. Code is amended to read:

 

    Section 56-1-190.  A licensee shall have his license or mobile driver's license in his immediate possession at all times when operating a motor vehicle and shall display it upon demand of an officer or agent of either the Department of Motor Vehicles or the Department of Public Safety or a law enforcement officer of the State. No points pursuant to Section 56-1-720 may be assessed. No points for insurance merit rating system and recoupment purposes may be assessed.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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