Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 4, 2026

 

S. 371

 

Introduced by Senators Jackson, Davis, Graham and Ott

 

S. Printed 3/4/26--S.

Read the first time February 20, 2025

 

________

 

The committee on Senate Transportation

To whom was referred a Bill (S. 371) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   Amend the bill, as and if amended, by striking all after the enacting words and inserting:

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.

Renumber sections to conform.

Amend title to conform.

 

LAWRENCE GROOMS for Committee.

 

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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.

 

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

 

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

 

    Section 56-1-560.  (A) As used in this section:

       (1) "Mobile driver's license" means an electronic driver's license, electronic motorcycle license issued by the Department of Motor Vehicles that is accessible on a mobile electronic communication device and includes all information found on a printed, hard-copy driver's license, or motorcycle license issued by the department.

       (2) "Mobile electronic communication device" means any mobile device capable of communication or other transmission of information and includes, but is not limited to, a cellular telephone, wireless tablet, any device with internet capability, or other wireless communication device.

       (3) "Mobile special identification card" means an electronic identification card issued by the department that is accessible on a mobile electronic communication device and includes all information found on a printed, hard-copy special identification card issued by the department.

    (B) The department shall create and issue a mobile driver's license or mobile special identification card to an individual who voluntarily requests a mobile driver's license or mobile special identification card and who meets all requirements for the issuance of a driver's license or special identification card. The department may charge and collect a reasonable fee for the issuance of mobile drivers' licenses and mobile special identification cards. The department shall retain the fee to offset the cost of providing this service.

    (C) The department shall provide that the mobile drivers' licenses and mobile special identification cards include features to ensure the security and integrity of the drivers' license and special identification cards. A process, prescribed by the department, shall provide for the issuance of mobile drivers' licenses and mobile special identification cards to prevent and detect the alteration, duplication, counterfeiting, photographing, forging, or other modification of the mobile drivers' license and mobile special identification cards.

    (D) The department shall allow a person with a mobile driver's license or a mobile special identification card, or a person applying for the driver's license or special identification card, to update the person's motor vehicle record including, but not limited to, a change of address and organ donor status. The changes shall become part of the person's official motor vehicle record and shall take precedence over information provided on a printed, hard-copy driver's license and special identification card.

    (E) The use of a cellular telephone, tablet, computer, or any other electronic device to display a mobile driver's license, does not constitute consent for a law enforcement officer or judge to access any other contents on the device. Any law enforcement officer or judge presented with an electronic device pursuant to this section shall be immune from any liability resulting from damage to the device.

 

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

 

    Section 56-1-190.  A licensee shall have his license or mobile driver's 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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