Indicates Matter Stricken

Indicates New Matter

 

Amended

April 3, 2025

 

H. 4011

 

Introduced by Rep. Erickson

 

S. Printed 4/3/25--H.

Read the first time February 13, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-70, RELATING TO THE ISSUANCE OF TEMPORARY DRIVERS' PERMITS, SO AS TO DELETE THE TERM "TEMPORARY DRIVER'S PERMIT" AND REPLACE IT WITH THE TERM "TEMPORARY DRIVING CERTIFICATE," AND TO PROVIDE FOR THE ISSUANCE OF TEMPORARY IDENTIFICATION CERTIFICATES; AND BY ADDING SECTION 56-1-560 SO AS TO PROVIDE FOR THE EXPEDITED ISSUANCE OF BEGINNERS' PERMITS, DRIVERS' LICENSES, AND IDENTIFICATION CARDS.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 56-1-70 of the S.C. Code is amended to read:

 

    Section 56-1-70. The Department of Motor Vehicles may, in its discretion, may issue a temporary driver's permit driving certificate to an applicant for a motor vehicle driver's license permitting him to operate a motor vehicle while the Department department is completing its investigation and determination of all facts relative to such applicant's right to receive a driver's license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. The department, in its discretion, may issue a temporary identification certificate to an applicant while the department is completing its investigation and determination of all facts relative to the applicant's ability to hold an identification card issued pursuant to this title.

 

SECTION 2.  Article 1, Chapter 1, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-1-560.  The Department of Motor Vehicles, in its sole discretion, may approve a request to expedite the production and mailing of a beginner's permit, driver's license, or identification card if it deems the circumstances warranted. The department shall collect an additional fee of ninety dollars for each expedited beginner's permit, driver's license, or identification card. This fee is in addition to the other fees prescribed in this chapter. Upon payment of this fee, the department, or its authorized agent, shall produce and mail the beginner's permit, driver's license, or identification card in the most expeditious manner once it is produced. The funds collected pursuant to this section must be retained by the department and used to offset costs of the production and mailing of beginners' permits, drivers' licenses, and identification cards. The department shall conduct a quadrennial review of this fee to ensure it is sufficient, but not excessive to cover expenses including the total of the direct and indirect costs to the State for providing this service and shall present its findings to the General Assembly, to include any recommendations to adjust the amount of the fee. Findings may be included in the department's annual accountability report.

 

SECTION 3.  Section 56-1-40(7) of the S.C. Code is amended to read:

 

    (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, identification card, or have one renewed pursuant to this provision. A driver's license or identification card 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 provided the driver's license or identification card is valid for no more than eight years. However, a driver's license issued pursuant to this item is valid for at least one year but not more than eight years from the date of its issue. Under this provision, a driver's license valid for not more than four years must be issued upon payment of a fee of twelve dollars and fifty cents. A driver's license that is valid for more than four years must be issued upon payment of a fee of twenty-five dollars. The fee for an identification card is pursuant to Section 56-1-3350. 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 or identification card which is renewable annually;

 

SECTION 4.  Section 56-1-40(7) as contained in this act takes effect on December 3, 2025. The remaining Sections contained in this act take effect upon approval by the Governor.

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