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H. 4386
STATUS INFORMATION
General Bill
Sponsors: Reps. Viers, Littlejohn and Cotty
Document Path: l:\council\bills\swb\5378mm08.doc
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Education and Public Works
Summary: DMV identification cards
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-55
1/8/2008 House Referred to Committee on Education and Public Works HJ-55
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-3355 SO AS TO PROVIDE THAT AN IDENTIFICATION CARD MAY BE ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES ONLY TO PERSONS LEGALLY AND PERMANENTLY IN THE UNITED STATES, TO PROVIDE EXCEPTIONS AND A PROCESS FOR ISSUING CARDS TO THOSE DOCUMENTED EXCEPTIONS, AND TO PROVIDE THAT THIS SECTION APPLIES TO RENEWAL, DUPLICATION, OR REISSUANCE OF A DRIVER'S LICENSE IF THE DEPARTMENT HAS NOTICE OF UNLAWFUL PRESENCE; AND TO AMEND SECTION 56-1-40, RELATING TO A PERSON WHO MAY NOT BE ISSUED A SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO CONFORM THE PROVISIONS CONCERNING NONRESIDENTS TO THE PROVISIONS GOVERNING THE ISSUANCE OF AN IDENTIFICATION CARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 15, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-3355. (A) An identification card as provided for in Section 56-1-3350 may be issued only to United States citizens, nationals, and legal permanent resident aliens.
(B)(1) This section does not apply when an applicant presents, in person, valid documentary evidence of:
(a) valid, unexpired immigrant or nonimmigrant visa status for admission into the United States;
(b) pending or approved application for asylum in the United States;
(c) admission into the United States in refugee status;
(d) pending or approved application for temporary protected status in the United States;
(e) approved deferred action status; or
(f) a pending application for adjustment of status to legal permanent residence status or conditional resident status.
(2) Upon approval pursuant to this subsection, the applicant may be issued an identification card. The identification document is valid only during the period of time of the authorized stay of the applicant in the United States or, if there is not definite end to the period of authorized stay, a period of one year. An identification card issued pursuant to the provisions of this subsection shall indicate clearly that it is temporary and shall state the date that the identification card expires. The identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification card has been extended by the United States Immigration and Naturalization Service of the Bureau of Citizenship and Immigration Services of the United States Department of Homeland Security.
(C) A driver's license for which an application has been made for renewal, duplication, or reissuance is presumed to have been issued in accordance with this section if, at the time the application is made, the driver's license has not expired or been canceled, suspended, or revoked. The requirements of this section do apply, however, to a renewal, duplication, or reissuance if the department is notified by a local, state, or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking the renewal, duplication, or reissuance is present in the United States in violation of law."
SECTION 2. Section 56-1-40(7) of the 1976 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 includes 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 as provided in Section 56-1-3355(B) 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 and Section 56-1-3355(C). 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 A driver's license issued pursuant to this item may not 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 department must be granted a one-year extension of his driver's license which is renewable annually."
SECTION 3. This act takes effect upon approval by the Governor.
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