Indicates Matter Stricken

Indicates New Matter

 

Committee Amendment Adopted

April 30, 2026

 

S. 371

 

Introduced by Senators Jackson, Davis, Graham and Ott

 

S. Printed 4/30/26--S.

Read the first time February 20, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-1-560 SO AS TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY ISSuE MOBILE DRIVERS' LICENSES AND MOBILE SPECIAL IDENTIFICATION CARDS; AND BY AMENDING SECTION 56-1-190, RELATING TO REQUIRING DRIVERS' LICENSES TO BE CARRIED AND EXHIBITED ON DEMAND, SO AS TO PROVIDE FOR THE CARRYING AND EXHIBITING OF MOBILE DRIVERS' LICENSES.

    Amend Title To Conform

 

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

 

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

 

    Section 56-1-560.  (A) The Department of Motor Vehicles may issue a digital driver's license, beginner's permit, or identification card of any type or class to individuals who meet the requirements of this title, provided the digital credential conforms with the most recent standards of the American Association of Motor Vehicle Administrators and the International Organization for Standardization, the applicability of which is determined by the department.

    (B) A digital credential issued by the department is a valid and lawful credential equivalent to a printed credential for all purposes authorized by law. However, acceptance of a digital credential is at the discretion of the person, business, or governmental entity to whom the credential is presented, and nothing in this section or Section 56-1-190 shall be construed to require acceptance of a digital credential in lieu of a printed credential. In any instance in which a digital credential is accepted as an alternative to a printed credential, verification of a digital credential must be performed electronically as prescribed by the American Association of Motor Vehicle Administrators and the International Organization for Standardization. The digital credential must be configured so that it does not require the verifying party to hold or otherwise handle the licensee's mobile device.

    (C) If a digital credential cannot be immediately verified by a law enforcement officer, then the driver is subject to the provisions of Section 56-1-190. No person is compelled to release an electronic device to a law enforcement officer.

    (D) Information contained or stored in a mobile electronic device presented pursuant to this section is not subject to a search by a law enforcement officer except pursuant to the provisions of Section 17-13-140 providing for the issuance, execution, and return of a search warrant, or pursuant to the express consent of the lawful owner of the device. This subsection must not be construed to relieve a motor vehicle operator of the requirement to present a valid printed driver's license upon demand of a law enforcement officer.

 

SECTION 2.  Section 56-1-190 of the S.C. Code is amended to read:

 

    Section 56-1-190.  A licensee shall have his printed license in his immediate possession at all times when operating a motor vehicle and shall display it upon demand of an officer or agent of either the Department of Motor Vehicles or the Department of Public Safety or a law enforcement officer of the State.  No points pursuant to Section 56-1-720 may be assessed.  No points for insurance merit rating system and recoupment purposes may be assessed.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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