Text of (A) effective until May 23, 2023.
(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 as long as 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; and
(3) 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 Section 40-47-20(35). The special identification requested must be indicated by a symbol designated by the department on the person's special identification card.
Text of (A) effective May 23, 2023.
(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, 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) 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.
(B) An applicant for a new, renewed, or replacement South Carolina identification card may apply to the Department of Motor Vehicles to obtain a veteran designation on the front of his identification card by providing a:
(1) United States Department of Defense discharge certificate, also known as a DD Form 214, that shows a characterization of service, or discharge status of "honorable" or "general under honorable conditions" and establishes the person's qualifying military service in the United States armed forces;
(2) National Guard Report of Separation and Record of Service, also known as an NGB Form 22, that shows a characterization of service, or discharge status of "honorable" or "general under honorable conditions" and establishes the person's qualifying military service of at least twenty years in the National Guard; or
(3) Veterans Identification Card (VIC) or a letter from a Military Reserve component notifying the recipient of the person's eligibility for retirement pay at age sixty (twenty-year letter). A Veterans Health Identification Card (VHIC) may not be accepted.
(C)(1) The fee for the issuance of the special identification card is fifteen dollars for a person between the ages of five and sixteen years.
(2) One identification card must be issued free to a person aged seventeen years or older per issuance cycle. A ten-dollar fee must be charged to replace a special identification card before its expiration date.
(D) The identification card expires eight years from the date of issuance. A person is not permitted to have more than one valid motor vehicle driver's license or identification card at any time.
(E) Special identification cards issued to persons under the age of twenty-one must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one.
(F) The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund.
HISTORY: 1993 Act No. 181, Section 1357; 1996 Act No. 459, Section 128; 2000 Act No. 227, Section 1; 2005 Act No. 176, Section 11, eff June 14, 2005; 2010 Act No. 277, Section 4, eff July 1, 2011; 2011 Act No. 27, Section 6, eff May 18, 2011; 2012 Act No. 147, Section 2, eff April 23, 2012; 2016 Act No. 275 (S.1258), Section 27, eff July 1, 2016; 2017 Act No. 19 (S.344), Section 2, eff May 9, 2017; 2019 Act No. 86 (H.3789), Section 6, eff November 24, 2019; 2022 Act No. 217 (H.3037), Section 2, eff May 23, 2023.
Editor's Note
2010 Act No. 277, Section 7, provides:
"This act takes effect July 1, 2011, and applies to all persons convicted of a crime of violence as defined in Section 16-23-10(3)."
2011 Act No. 27, Sections 7 and 8, provide as follows:
"SECTION 7. The State Elections Commission must establish an aggressive voter education program concerning the provisions contained in this legislation. The State Elections Commission must educate the public as follows:
"(1) Post information concerning changes contained in this legislation in a conspicuous location at each county board of registration and elections, each satellite office, the State Elections Commission office, and their respective websites.
"(2) Train poll managers and poll workers at their mandatory training sessions to answer questions by electors concerning the changes in this legislation.
"(3) Require documentation describing the changes in this legislation to be disseminated by poll managers and poll workers at every election held following preclearance by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first.
"(4) Coordinate with each county board of registration and elections so that at least two seminars are conducted in each county prior to December 15, 2011.
"(5) Coordinate with local and service organizations to provide for additional informational seminars at a local or statewide level.
"(6) Place an advertisement describing the changes in this legislation in South Carolina newspapers of general circulation by no later than December 15, 2011.
"(7) Coordinate with local media outlets to disseminate information concerning the changes in this legislation.
"(8) Notify each registered elector who does not have a South Carolina issued driver's license or identification card a notice of the provisions of this act by no later than December 1, 2011. This notice must include the requirements to vote absentee, early, or on election day and a description of voting by provisional ballot. It also must state the availability of a free South Carolina identification card pursuant to Section 56-1-3350.
"In addition to the items above, the State Elections Commission may implement additional educational programs in its discretion.
"SECTION 8. The State Election Commission is directed to create a list containing all registered voters of South Carolina who are otherwise qualified to vote but do not have a South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles as of December 1, 2011. The list must be made available to any registered voter upon request. The Department of Motor Vehicles must provide the list of persons with a South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles at no cost to the commission. The commission may charge a reasonable fee for the provision of the list in order to recover associated costs of producing the list."
2022 Act No. 217, Section 3, provides as follows:
"SECTION 3. (A) SECTION 1 takes effect July 1, 2022.
"(B) SECTION 2 takes effect one year after the approval by the Governor."
Effect of Amendment
2017 Act No. 19, Section 2, in (A), added (3), relating to autism designations placed on a special identification card, and made other nonsubstantive changes.
2019 Act No. 86, Section 6, in (B), substituted "identification card" for "driver's license" in two places, made nonsubstantive changes in (1), rewrote (2), and added (3); in (C), in (1), substituted "fifteen dollars" for "five dollars", and in (2), in the first sentence, substituted "One identification card must be issued free" for "An identification card must be free" and inserted "per issuance cycle" at the end", and added the second sentence; and in (D), in the first sentence, substituted "eight years" for "five years", and added the second sentence.
2022 Act No. 217, Section 2, in (A), substituted "provided that" for "as long as", in (3), in the first sentence, substituted "Chapter 47, Title 40" for "Section 40-47-20(35)", and made a nonsubstantive change in the second, and added (4).
Structure South Carolina Code of Laws
Section 56-1-30. Persons exempt from licensing requirements.
Section 56-1-35. Driver's license for members of the armed services and dependents.
Section 56-1-40. Persons who may not be licensed or have their license renewed; beginner's permit.
Section 56-1-70. Temporary driver's permit.
Section 56-1-80. Application for license or permit.
Section 56-1-87. REAL ID card issuance.
Section 56-1-90. Evidence required to obtain a driver's license or identification card.
Section 56-1-100. Application by unemancipated minor.
Section 56-1-120. Release from imputed liability by cancellation of permit or license.
Section 56-1-130. License examinations; basic and classified licenses.
Section 56-1-135. Designated driver for fire extinguishment, special endorsement; safety officers.
Section 56-1-140. Issuance of license; necessary fees, signature, and contents; veteran designation.
Section 56-1-146. Surrender of driver's license by person convicted of certain crimes.
Section 56-1-171. Suspension for failure to pay child support; route-restricted license.
Section 56-1-175. Issuance of conditional driver's license.
Section 56-1-180. Special restricted licenses for certain minors.
Section 56-1-185. Removal of restrictions postponed; suspension of license.
Section 56-1-190. License must be carried and exhibited on demand.
Section 56-1-200. Duplicate for lost or destroyed license; fee.
Section 56-1-205. Hearing impaired designations on driver's licenses.
Section 56-1-215. Renewal of expired license.
Section 56-1-218. Driver's license extensions.
Section 56-1-221. Medical Advisory Board.
Section 56-1-222. Driver's licenses issued to wearers of bioptic telescopic lenses.
Section 56-1-225. Reexamination of drivers involved in four accidents within twenty-four months.
Section 56-1-230. Notification of change of address or name.
Section 56-1-240. Cancellation and surrender of license.
Section 56-1-245. Conditions for waiver of license reinstatement fee.
Section 56-1-260. Effect of cancellation of license.
Section 56-1-270. Suspension, revocation, or restriction of license on re-examination.
Section 56-1-280. Mandatory suspension or revocation.
Section 56-1-285. Revocation or refusal to renew license for nonpayment of fees.
Section 56-1-288. Tax refund garnishment for failure to comply with financial responsibility.
Section 56-1-290. Revocation for operating unlicensed taxis in certain counties.
Section 56-1-292. Suspension for failure to pay for gasoline.
Section 56-1-300. Suspension or revocation of license without preliminary hearing.
Section 56-1-310. Suspension or revocation of nonresident's driving privilege.
Section 56-1-330. Courts shall report certain convictions.
Section 56-1-340. Reports of convictions and records may be sent to other states; fees.
Section 56-1-345. Fees charged for Freedom of Information Act request.
Section 56-1-360. Form and proof of notice.
Section 56-1-370. Review of cancellation, suspension, or revocation of license.
Section 56-1-380. Period of suspension or revocation; renewal or restoration of license.
Section 56-1-385. Reinstatement of permanently revoked driver's license.
Section 56-1-390. Fee for reinstatement of license; disposition of fee proceeds.
Section 56-1-395. Driver's license reinstatement fee payment program.
Section 56-1-396. Driver's license suspension amnesty period.
Section 56-1-430. Appeal from conviction making suspension or revocation mandatory as supersedeas.
Section 56-1-440. Penalties for driving without license; summary court jurisdiction.
Section 56-1-465. Notice of suspension required.
Section 56-1-478. Reciprocal agreements for collection of fines, fees, and other costs.
Section 56-1-480. Unlawful to permit unauthorized person to drive.
Section 56-1-490. Unlawful for parent or guardian to permit unauthorized minor to drive.
Section 56-1-500. Penalties for violations of article.
Section 56-1-510. Unlawful use of license; fraudulent application.
Section 56-1-540. Files, records, and indexes to be kept.
Section 56-1-550. Fee for expediting request for copy of document or record.
Section 56-1-610. Short title.
Section 56-1-620. Legislative findings and policy.
Section 56-1-630. Definitions.
Section 56-1-640. Reciprocity in reporting convictions; information to be reported.
Section 56-1-650. Effect of certain convictions on status of license in home state.
Section 56-1-670. Effect on other laws or agreements.
Section 56-1-680. Administration; exchange of information.
Section 56-1-690. Withdrawal from compact.
Section 56-1-710. "Conviction" defined.
Section 56-1-720. Point system established; schedule of points for violations.
Section 56-1-730. Warning tickets not assigned point value.
Section 56-1-747. What constitutes conviction for purposes of Section 56-1-746.
Section 56-1-750. Computation of points.
Section 56-1-760. Violations considered in suspension to be disregarded in subsequent suspension.
Section 56-1-770. Points reduced for completing defensive driving course.
Section 56-1-780. Reports of certain convictions to Department of Motor Vehicles.
Section 56-1-800. Certified copies of reports as evidence of convictions.
Section 56-1-810. Notice of suspension; surrender of license.
Section 56-1-820. Hearing on suspension.
Section 56-1-850. Other provisions for mandatory suspension, revocation, or cancellation unaffected.
Section 56-1-1010. Legislative declaration of policy.
Section 56-1-1020. "Habitual offender" and "conviction" defined.
Section 56-1-1105. Penalties for driving while license cancelled, suspended, or revoked.
Section 56-1-1110. Article does not affect existing laws.
Section 56-1-1130. Notification of potential offenders.
Section 56-1-1320. Provisional drivers' licenses.
Section 56-1-1330. Applicant required to complete alcohol traffic safety program.
Section 56-1-1360. Revocation of license for additional violations.
Section 56-1-1370. Second violations during specified suspended period.
Section 56-1-1380. Effect of convictions outside of State.
Section 56-1-1390. Appeals; notice of hearing.
Section 56-1-1720. Licensing requirement; minimum age; violations and penalties.
Section 56-1-1730. Eligibility, suspension, revocation, or cancellation of moped operator's license.
Section 56-1-1770. Application for moped operator's license.
Section 56-1-2005. Administration of South Carolina Commercial Driver's License program.
Section 56-1-2010. Short title.
Section 56-1-2020. Construction.
Section 56-1-2030. Definitions.
Section 56-1-2040. Commercial drivers to have one driver's license only; exception.
Section 56-1-2045. Qualifications to be student at truck driver training school.
Section 56-1-2060. Employer's responsibilities.
Section 56-1-2100. Commercial driver license; contents; classifications of vehicles.
Section 56-1-2110. Disqualification from driving commercial motor vehicle.
Section 56-1-2111. Circumstances barring issuance of license.
Section 56-1-2115. Commercial driver's license re-examination.
Section 56-1-2140. Report of conviction of nonresident licensee; required action.
Section 56-1-2150. Authorized drivers of commercial motor vehicles.
Section 56-1-2156. Failure of commercial motor vehicle drivers to comply with lane restrictions.
Section 56-1-2210. Definitions
Section 56-1-2230. Failure to report and employing disqualified employee; fines.
Section 56-1-3360. Misuse of card prohibited.
Section 56-1-3380. Information submitted in application for card confidential; exceptions.
Section 56-1-3400. False or fictitious information or fraud a violation.