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H*4670
Session 114 (2001-2002)


H*4670(Rat #0359, Act #0282 of 2002)  General Bill, By Harrison, Haskins and 
Martin

Similar(S 1051) A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, TO PROVIDE THE EXPIRATION DATE FOR A DRIVER'S LICENSE ISSUED PURSUANT TO THIS PROVISION, AND TO PROVIDE THAT A PERSON PENDING ADJUSTMENT OF STATUS WHO PRESENTS APPROPRIATE DOCUMENTATION TO THE DEPARTMENT OF PUBLIC SAFETY SHALL BE GRANTED A ONE-YEAR EXTENSION OF HIS DRIVER'S LICENSE WHICH IS RENEWABLE ANNUALLY.-amended title 02/06/02 House Introduced and read first time HJ-36 02/06/02 House Referred to Committee on Education and Public Works HJ-36 03/21/02 House Committee report: Favorable Education and Public Works HJ-5 03/21/02 House Member(s) request name added as sponsor: Martin 03/26/02 House Read second time HJ-36 03/26/02 House Unanimous consent for thirdNext reading on next legislative day HJ-38 03/28/02 House Read PreviousthirdNext time and sent to Senate HJ-1 03/28/02 Senate Introduced and read first time SJ-3 03/28/02 Senate Referred to Committee on Transportation SJ-3 05/02/02 Senate Committee report: Favorable Transportation 05/08/02 Senate Read second time SJ-22 05/08/02 Senate Ordered to PreviousthirdNext reading with notice of amendments SJ-22 05/14/02 Senate Amended SJ-50 05/14/02 Senate Read Previousthird time and returned to House with amendments SJ-50 05/16/02 House Concurred in Senate amendment and enrolled HJ-29 05/22/02 Ratified R 359 05/28/02 Signed By Governor 06/17/02 Act No. 282 07/03/02 Effective date 05/28/02 07/03/02 Copies available


(A282, R359, H4670)

AN ACT TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, TO PROVIDE THE EXPIRATION DATE FOR A DRIVER'S LICENSE ISSUED PURSUANT TO THIS PROVISION, AND TO PROVIDE THAT A PERSON PENDING ADJUSTMENT OF STATUS WHO PRESENTS APPROPRIATE DOCUMENTATION TO THE DEPARTMENT OF PUBLIC SAFETY SHALL BE GRANTED A ONE-YEAR EXTENSION OF HIS DRIVER'S LICENSE WHICH IS RENEWABLE ANNUALLY.

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

Driver's license issuance

SECTION 1. Section 56-1-40(7) of the 1976 Code, as last amended by Act 497 of 1994, is further 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 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 shall be granted a one-year extension of his driver's license which is renewable annually."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 22nd day of May, 2002.

Approved the 28th day of May, 2002.

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