South Carolina General Assembly
113th Session, 1999-2000

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Bill 3580


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3580
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990223
Primary Sponsor:                  Altman
All Sponsors:                     Altman
Drafted Document Number:          l:\council\bills\bbm\9012som99.doc
Residing Body:                    House
Current Committee:                Education and Public Works Committee 21 
                                  HEPW
Subject:                          Drivers license application, renewal 
                                  form; section for permission or refusal for 
                                  state to sell photo; Motor Vehicles


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990223  Introduced, read first time,           21 HEPW
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO PROVIDE THAT THE APPLICATION FORM MUST CONTAIN A SECTION WHERE THE APPLICANT INDICATES HIS PERMISSION OR REFUSAL FOR THE STATE TO SELL OR DISTRIBUTE HIS PHOTOGRAPHIC IMAGE AND TO PROVIDE THAT IF THE APPLICANT REFUSES PERMISSION, THE DEPARTMENT SHALL NOT RELEASE THAT LICENSEE'S IMAGE FOR ANY COMMERCIAL PURPOSE; AND TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THE SAME SECTION ON THE RENEWAL FORM AND TO PROVIDE THE SAME CONSEQUENCES TO THE DEPARTMENT IF THE APPLICANT REFUSES PERMISSION.

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

SECTION 1. Section 56-1-80 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-80. (A) Every application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and

(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal.

(B) Whenever an application is received from a person previously licensed or permitted in another state, the Department of Public Safety, may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

(C) The application form must contain a section where the applicant shall indicate his permission or refusal for the State to sell or distribute his photographic image or likeness. If the applicant refuses permission, the department shall not release this licensee's photographic image for any commercial purpose.

(D) The completed and verified form or an affidavit prepared by the department that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."

SECTION 2. The first unnumbered paragraph of Section 56-1-210 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Every license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The renewal application form must contain a section where the applicant shall indicate his permission or refusal for the State to sell or distribute his photographic image or likeness. If the applicant refuses permission, the State shall not release this licensee's photographic image for any commercial purpose. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes. The department may renew a driver's license of a resident by mail upon payment of the required fee, if the renewal is a digitized license."

SECTION 3. This act takes effect on the first day of the second month after approval by the Governor.

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