Petra

Just received the promised fax:

Education and Public Works committee

The Highway General Subcommittee will meet
Tuesday, March 5th, 2002
3.00 PM 433 Blatt Building.

The subcommittee will receive testimony on the following bills:

H. 4382 -- Reps. Limehouse, Altman, Barrett, Bingham, Keegan, Whatley, Sandifer, Witherspoon, Wilkins, Taylor, A. Young, Littlejohn, Vaughn, Simrill, Walker, Cato and Barfield: DRIVER'S LICENSES - STUDENT AND WORK VISAS

H. 4483 -- Rep. WHite: DRIVER'S LICENSES - FIANCÉE VISAS

H. 4601 -- Reps. Bingham and Townsend: DRIVER'S LICENSES - REFUGEES

H. 4670 -- Reps. Harrison and Haskins: DRIVER'S LICENSES - RESIDENTS OF SC

H. 4681 -- Rep. A. Young: DRIVER'S LICENSES - FIANCÉE VISAS

H. 4711 -- Reps. Easterday, Hamilton, Haskins and Rice: DRIVER'S LICENSES - DOCUMENTATION

H. 4773 -- Reps. Gilham and Rodgers: DRIVER'S LICENSES - VISITOR VISAS

The subcommittee members are:

Becky R. Martin, Chair
304 Silver Lane Circle
Anderson, SC 29626
(864) 218-0525 (Columbia - 734-3068)

JoAnne Gilham
21 Dune Lane
Hilton Head Island, SC 29928
(843) 785-7990 (Columbia - 734-2977)

Chip Huggins
308 Wayworth Court
Columbia, SC 29212
(803) 732-2777 (Columbia - 734-2973)

Walter P. Lloyd
102 Rearden Lane
Walterboro, SC 29488
(843) 549-75586 (Columbia - 734-3064)

Joel Lourie
P.O. Box 6212
Columbia, SC 29260
(803) 765-9200 ext. 3257 (Columbia - 734-2960)

Bessie Moody-Lawrence
219 Bowser Street
Rock Hill, SC 29730
(803) 323-4742 (Columbia - 734-3029)

Donald C. Smith
921 West Woodlawn Avenue
North Augusta, SC 29841
(803) 279-0794 (Columbia - 734-3031)

Byron Kenneth Webb (Bud)
217 Hunter Avenue
Clemson, SC 29631
(864) 654-4841 (Columbia - 734-2830)

General Fax Number: (803) 734-2827

khabibiuf

Petra,

I'm not sure how these meetings work. What do I need to do? Should I write to these people? Or do I just need to show up at the meeting and explain my case?

THanks,

-khabibiuf

Petra

Nope, I have no idea how this works either, khabibiuf!
I guess you just show up and speak when spoken to *S*

Maybe you could write the committee, but since the meeting is next week, that doesn't give you much time, does it?

I know most or all of these committee members have email, but from what I've heard, not all of them are very scrupulus about it, so maybe THE way to be heard is indeed show up?

tara

You can email the committee members. Their emails can be gotten at
http://www.leginfo.state.sc.us/housecommlst.html
Under Education and Public Works heading

Petra

My husband an I have been to the meeting of the Highway General Subcommittee yesterday, and it looks like this is going well, VERY well!

The room where the hearing was held was crowded, but most of the people present managed to get a seat. After the members of the Highway General Subcommittee heard explanations from people representing DMV and the INS (my compliments to both these guys) and statements from several SC College representatives and private persons like myself, they voted unanimously to accept the unamended version of House Bill H.4670 (http://www.scstatehouse.net/bills/4670.htm)

"For purposes of determining eligibility to obtain or renew a South Carolina driver's license, the term 'resident of South Carolina' shall expressly include all persons authorized by the United States Department of Justice, the United States Immigration and Naturalization Service, or the United States Department of State to live, work, or study in the United States on a temporary or permanent basis who present documents indicating their intent to live, work, or study in South Carolina. These persons and their dependents are eligible to obtain a motor vehicle driver's license or have one renewed pursuant to this provision."

So, it's up to the Education and Public Works committee now, I guess, soon, we'll be taking another trip to the South Carolina State House!

Of course, we have another iron in the fire, Senate Bill S.1051 (http://www.leginfo.state.sc.us/sessi...s/1141051.html) which is similar to House Bill H. 4670. Unfortunately, I don't know the status of this bill. Anyone?

Betastar

This is really cool - talk about being able to make a difference! Congratulations!

On 6 Mar 2002 08:33:33 -0600, Petra <[email protected]> spake:

    >My husband an I have been to the meeting of the Highway General Subcommittee
    >yesterday, and it looks like this is going well, VERY well!
    >
    >The room where the hearing was held was crowded, but most of the people present
    >managed to get a seat. After the members of the Highway General Subcommittee heard
    >explanations from people representing DMV and the INS (my compliments to both these
    >guys) and statements from several SC College representatives and private persons
    >like myself, they voted unanimously to accept the unamended version of House Bill
    >H.4670 (http://www.scstatehouse.net/bills/4670.htm)
    >
    >"For purposes of determining eligibility to obtain or renew a South Carolina
    >driver's license, the term 'resident of South Carolina' shall expressly include all
    >persons authorized by the United States Department of Justice, the United States
    >Immigration and Naturalization Service, or the United States Department of State to
    >live, work, or study in the United States on a temporary or permanent basis who
    >present documents indicating their intent to live, work, or study in South Carolina.
    >These persons and their dependents are eligible to obtain a motor vehicle driver's
    >license or have one renewed pursuant to this provision."
    >
    >So, it's up to the Education and Public Works committee now, I guess, soon, we'll be
    >taking another trip to the South Carolina State House!
    >
    >Of course, we have another iron in the fire, Senate Bill S.1051
    >(http://www.leginfo.state.sc.us/sessi...s/1141051.html) which is similar to
    >House Bill H. 4670. Unfortunately, I don't know the status of this bill. Anyone?
    >
    >
    >
    >--
    >Petra
    >
    >Marcela
    >
    >Posted via http://britishexpats.com

axis

Please forgive my ignorance, but I just recieved my EAD (entered on K1 and I am now married) - on the 5th of March..

I need a drivers license, I am employed here in SC, I live here and have a SSN (stating "valid for work only"), plus my new 1yr EAD.

What does the result of this meeting now mean? Can I print a copy of the amended bill and take this to my local DMV (in SC) to get my license? or do I have to wait some more..?

I'm waiting to make sure it is legal for me to apply for a license before I attempt it.

Any info would be greatly appreciated..

Petra

So sorry, Axis... I'm married, have the same (K-1) documents, and I can't get a SC driver's license. It's not ILLEGAL to apply for a license, DMV just plain won't give you one, based on what it says in the law (and how they interpret it) right now.
I guess we're in the same boat. The only advice I can give you, is ROCK THAT BOAT!!
Although the committee that's working on changing the law is heading in the right direction, it can never hurt to keep a close eye on them, to keep them on track.
Petra

axis

Oh no...

I really need one soon as it's part of my job - thanks for letting me know however.

I may try to take the printouts of that bill down to the DMV, in an attempt to clarify what the problem is re: the interpretation.

For instance, 56-1-40 clearly states :

Persons who may not be licensed or have their license renewed:

(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.

Student Visa/Work Visa.. well surely my EAD is a "work" authorization no?

As you can tell I'm kinda desperate to get driving, it will most likely turn out to be a vain attempt, but I'll try nonetheless.

Hey, maybe I'll get lucky and they'll grant me a valid DL by "mistake" !!

It's so stupid - a simple misinterpretation of the law is setting us all back, if there's anything I can do to help this get straightened around, count me in..!

I'll let you know how it turns out.. thanks again Petra!

Petra

Axis,
Your brand new 1 year valid EAD is not recognized by DMV as a 'work' visa. All other presented documentation is wiped off the table, and they will go straight for your passport, with the valid (or in my case, expired) K-1 Visa.
Then, they will point out to you that they will only issue driver's licenses to people on a valid work or student visa. Believe me, they have no idea...
Of course you can try, I did... I even tried two different DMV offices. The thing is, that in case of doubt, they call in to the Field Office, and the people there will tell the DMV employee NOT to give you your driver's license...
What can we do? Not much, I guess. I just checked, the website of the legislator hasn't been updated, so I can't see the current status of the amendment....

axis

what a pain in the backside.

Thanks for straightening that out before I went down there and got myself arrested. (I have a temper...hehe)

So, to sum up - the meeting did infact have an impact, and the bill is "due" to be amended, we just don't know when or how long that takes?

Again, forgive my lack of knowledge, but I am assuming that a bill is a mere "proposal" to change the law, and not a law in itself? Therefore if the bill gets successfully changed to include us k1ers, then that's great, but we still have to wait for the law to be changed?

Arrgh..

Petra

Yep, it's a pain... what an understatement that is!! I know exacly what you're saying, I left the DMV building in serious distress...

And don't be ashamed for not knowing, I didn't know what was going on either, I owe my 'education' to Tara, who did all the research, hurray for her!

Yes, your interpretation is correct, as things are now, the law will be changed into something most (if not all) foreigners can live with. I quote:

"For purposes of determining eligibility to obtain or renew a South Carolina driver's license, the term 'resident of South Carolina' shall expressly include all persons authorized by the United States Department of Justice, the United States Immigration and Naturalization Service, or the United States Department of State to live, work, or study in the United States on a temporary or permanent basis who present documents indicating their intent to live, work, or study in South Carolina. These persons and their dependents are eligible to obtain a motor vehicle driver's license or have one renewed pursuant to this provision."

BUT... only a SUB-committee voted for this amendment, it is now referred back to the original committee, I have no idea when they will decide on this. The amended bill then has to be sent to 'the floor' and has to come into effect... Wouldn't it be nice if that date would be July 1st?

axis

July 1st sounds great considering all the fuss.

It's so frustrating though, I wish I'd known this before we got settled here, I'd have happily waited in Florida whilst being processed.. My wife and I chose SC to live when we returned from the UK because it was so nice here.

What's killing me is that I live about 30 mins from the NC border.. I've been contemplating applying in NC for a license, of course I would have to arrange some kind of residence in NC beforehand, a lease or something - but surely it would be legal to be resident in 2 states?.. (gee.. do I sound desperate yet??!)

It would be costly, but if it's legal it may be worth it. Only problem is that I would have to maintain the residence in NC, because the minute I stop - and resume residence in SC, I would be under that NC license with a 60 day requirement to turn it in and gain a SC license..

Oh what a major headache this is - I know I sound like I'm clutching at straws (no pun intended)!

For me however, the necessity to drive is immense, and I need to do this by the end of May really otherwise my job will start to suffer as a result of being unable to drive.

grrr! The price of true love eh??

Thanks for the help so far though Petra, I feel somewhat guilty to become frustrated by all this - seeing as it's you that's experienced it first-hand.

Many thanks.

Omo

Wow! I applaud you all for the strong efforts you're making to change state law. You
guy are really "making some noise." This is sooooo interesting to read, so keep us
posted on the outcome, eh?

My then-k1 fiance had no problem obtaining his DL in Maryland, so we took it for
granted that all k1's could get one also. How wrong that
is.

Anyway, we wish you all the best.

Omo.

Petra

Axis,

Yes, I know exactly what you mean, it is VERY frustrating. My husband and I live close to the Georgia border, and we have gone over our options. We could take up residence at either my or my husband's office address (both are in Georgia) or at a friend's house, but like you, we decided not to. While I don't know if moving, solely for the purpose of acquiring a drivers license is illegal, it would complicate things enormously.

What about things like gathering 'evidence' for the AOS interview? What if the INS will catch you in this lie? It's such a hassle, and I don't think it's worth risking all this! Then, we don't know if it might slow down the process of the adjustment of status. We would have to let the INS know that there's a change in address, and what if you get your license? "Move" back?

I guess what makes it even harder, is the fact that I have a perfectly valid (Dutch) drivers license in my purse, and they won't let me use it, because I have been a resident of South Carolina for over 90 days.... Grrrr!!
Anyway, apart from following things closely, going to that hearing, and keep writing state representatives etc. I guess there's not much anyone can do, we just have to wait.

We are all frustrated by this, but I was certainly not the first (or the last) to encounter this problem. Just for the sake of it, do a search on 'drivers license' and read all the threads, then you'll know what I mean. I guess it's a consolation to know that we all are in this together...

It's a small price to pay for true love! *VBS*