A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-80, RELATING TO AN APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO REQUIRE APPLICANTS TO PROVIDE PROOF OF CITIZENSHIP OR LEGAL STATUS IN THE UNITED STATES, AND TO PROVIDE THAT IF THE APPLICANT IS NOT A CITIZEN, THEN THE DRIVER'S LICENSE MUST CONTAIN A "NC" DESIGNATION INDICATING THAT THE LICENSEE IS A NON-US CITIZEN; BY AMENDING SECTION 56-1-3350, RELATING TO ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO REQUIRE APPLICANTS TO PROVIDE PROOF OF CITIZENSHIP OR LEGAL STATUS IN THE UNITED STATES, AND TO PROVIDE THAT IF THE APPLICANT IS NOT A CITIZEN, THEN THE IDENTIFICATION CARD MUST CONTAIN A "NC" DESIGNATION INDICATING THAT THE HOLDER OF THE IDENTIFICATION CARD IS A NON-US CITIZEN; AND BY AMENDING SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE, SO AS TO PROVIDE THAT A SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD WITH A "NC" DESIGNATION CANNOT BE USED TO VOTE.

 

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

 

SECTION 1.  Section 56-1-80(A)(10) of the S.C. Code is amended to read:

 

    (10) require that an applicant present proof of United States citizenship and if the applicant cannot present proof of citizenship, then the applicant must present proof of his legal status in the United States. If the applicant is legally in the United States but not a citizen, then a license issued to the applicant must contain the identifying code "NC" on the driver's license and include that information in the applicant's record.

    (11) include a statement that certain driver's license and driver's record information may be released, upon request, pursuant to subsection (B).

 

SECTION 2.  Section 56-1-3350(A) of the S.C. Code is amended to read:

 

    (A) Upon application by a person five years of age or older, who is a resident of South Carolina, the department shall issue a special identification card provided that the:

       (1) application is made on a form approved and furnished by the department;

       (2) applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth;

       (3) applicant presents to the person issuing the identification card proof of United States citizenship and if the applicant cannot present proof of citizenship, then the applicant must present proof of his legal status in the United States. If the applicant is legally in the United States but not a citizen, then an identification card issued to the applicant must contain the identifying code "NC" on the identification card and include that information in the applicant's record;

       (3)(4) applicant, who wishes to obtain a special identification card that indicates the applicant is autistic, complies with subsections (A)(1) and (2) and provides documentation that he is autistic from a physician licensed in this State, as defined in Chapter 47, Title 40.  The special identification requested must be indicated by a symbol designated by the department on the person's special identification card;  and

       (4)(5) applicant, who wishes to obtain a special identification card that indicates the applicant has voluntarily disclosed a permanent medical condition, complies with subsection (A)(1) and (2), and provides documentation of the medical condition from a physician licensed in this State, as defined in Chapter 47, Title 40.  The record of an identification card holder may not contain more than three permanent medical conditions unless subitem (A)(3) applies.  The information contained on a special identification card and in the special identification card holder's department records pertaining to his autism, as provided for in item (3), or his permanent medical condition, as provided for in this item, may not be sold, is exempt from disclosure pursuant to Chapter 4, Title 30, the South Carolina Freedom of Information Act, and may be released upon request only to:

           (a) law enforcement, emergency medical services, and hospital personnel;

           (b) the medical advisory board pursuant to Section 56-1-221;

           (c) permitted entities pursuant to the Driver Privacy Protection Act, 18 U.S.C.A. 2721;  and

           (d) the person to whom the records of the permanent medical condition applies.

 

SECTION 3.  Section 7-13-710(A) of the S.C. Code is amended to read:

 

    (A) When a person presents himself to vote, he shall produce a valid and current:

       (1) South Carolina driver's license that does not contain a "NC" identifying code;  or

       (2) other form of identification containing a photograph issued by the Department of Motor Vehicles, that does not contain a "NC" identifying code;  or

       (3) passport;  or

       (4) military identification containing a photograph issued by the federal government;  or

       (5) South Carolina voter registration card containing a photograph of the voter pursuant to Section 7-5-675.

 

SECTION 4.  This act takes effect upon approval by the Governor.

----XX----