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H. 3236
STATUS INFORMATION
General Bill
Sponsors: Reps. Altman, Walker, Umphlett, Viers, Witherspoon, Littlejohn, Kirsh, Clark and Cotty
Document Path: l:\council\bills\bbm\9342cm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Education and Public Works
Summary: Driver's license, illegal alien may not be issued or renewed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/18/2002 House Prefiled
12/18/2002 House Referred to Committee on Education and Public Works
1/14/2003 House Introduced and read first time HJ-97
1/14/2003 House Referred to Committee on Education and Public Works HJ-97
1/29/2003 House Member(s) request name added as sponsor: Clark
2/4/2003 House Member(s) request name added as sponsor: Cotty
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT A PERSON WHO IS AN ILLEGAL ALIEN MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-40 of the 1976 Code, as last amended by Act 282 of 2002, is further amended to read:
"Section 56-1-40. The department may not issue a motor vehicle driver's license to or renew the driver's license of a person:
(1) who is under seventeen years of age, except that the department may issue a license to a sixteen-year old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. However, the department may issue a beginner's permit as provided in Section 56-1-50 to a person who is at least fifteen years of age and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;
(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction, except as otherwise provided for in this title;
(3) who is an habitual user of alcohol or any other drug to a degree which prevents him from safely operating a motor vehicle;
(4) who has a mental or physical condition which prevents him from safely operating a motor vehicle;
(5) who is required by this article to take an examination, unless the person successfully has passed the examination;
(6) who is required under the laws of this State to provide proof of financial responsibility and has not provided the proof;
(7) who is not a resident of South Carolina, except for persons from other countries who are present in South Carolina on a student visa or on a work visa or the dependents of the student or worker who may be issued a license. However, the granting of the license is not evidence of meeting the residency requirements of Section 59-112-20;
(8) who must not be issued a license as otherwise provided by the laws of this State;
(9) who is an illegal alien."
SECTION 2. This act takes effect upon approval by the Governor.
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