BIL:3117
RTN:133
ACN:101
TYP:General Bill GB
INB:House
IND:20010109
PSP:Kirsh
SPO:Kirsh, Witherspoon, Walker
DDN:l:\council\bills\skb\18048htc01.doc
CBN:35
DPB:20010606
LAD:20010606
GOV:S
DGA:20010809
SUB:Motor vehicle property taxes, delinquent; drivers license and registration suspension; transfer of license plates
HST:
BodyDateAction DescriptionComLeg Involved
______
------20010918Act No. A101
------20010809Signed by Governor
------20010607Ratified R133
House20010606Ordered enrolled for ratification
Senate20010606Conference Committee Report adopted88 SCC
House20010606Conference Committee Report adopted98 HCC
House20010516Conference powers granted,98 HCCStuart
appointed Reps. to Committee ofRodgers
ConferenceJ. Hines
Senate20010516Conference powers granted,88 SCCRyberg
appointed Senators to CommitteeGregory
of ConferenceShort
Senate20010516Insists upon amendment
House20010510Non-concurrence in Senate amendment
Senate20010508Read third time, returned to House
with amendment
Senate20010503Amended, read second time
Senate20010424Introduced, read first time,
placed on Calendar without reference
House20010420Read third time, sent to Senate
House20010419Amended, read second time,
unanimous consent for third reading
on Friday, 20010420
------20010418Scrivener's error corrected
House20010417Committee report: Favorable with21 HEPW
amendment
------20010112Companion Bill No. 35
House20010109Introduced, read first time,21 HEPW
referred to Committee
House20001213Prefiled, referred to Committee21 HEPW
Versions of This Bill
Revised on 20010417
Revised on 20010418
Revised on 20010419
Revised on 20010424
Revised on 20010503
Revised on 20010606
TXT:
(A101, R133, H3117)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12372740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER’S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, TO REQUIRE WRITTEN NOTICE TO THE DELINQUENT TAXPAYER OF THE PENDING SUSPENSION AND ALLOW THIRTY DAYS FOR THE PAYMENT OF TAXES BEFORE THE SUSPENSION, TO PROVIDE THAT NO PROOF OF FINANCIAL RESPONSIBILITY IS REQUESTED FOLLOWING THIS SUSPENSION, TO PROVIDE THAT A PERSON STOPPED FOR DRIVING UNDER THIS SUSPENSION IS NOT SUBJECT TO CUSTODIAL ARREST, TO PROVIDE PENALTIES FOR THE VIOLATION OF DRIVING UNDER THIS SUSPENSION, TO REQUIRE THE DISMISSAL OF THE VIOLATION CHARGED IF THE PERSON PROVIDES ON THE COURT DATE PROOF OF PAYMENT OF THE TAXES, TO PROVIDE A LICENSE REINSTATEMENT FEE OF FIFTY DOLLARS, AND TO PROVIDE FOR THE DISPOSITION OF THE FEE REVENUES.
Be it enacted by the General Assembly of the State of South Carolina:
License and registration suspension for nonpayment
SECTION1.Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:
“Section 12372740.(A)The Department of Public Safety shall suspend the driver’s license and vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where the tax is delinquent. Before the electronic notification is sent to the department, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter must be developed by the county treasurers in conjunction with the department and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person’s driving and registration records. Each county must allow thirty days for the payment of taxes before the county notifies the department to suspend the person’s driver’s license and vehicle registration.
(B)Notwithstanding the provisions of Section 561460, a charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension does not require proof of financial responsibility. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:
(1)For a first offense under this section, the penalty is a fine not to exceed fifty dollars.
(2)For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.
(3)For a third or subsequent offense under this section, the penalty must not exceed the general criminal jurisdiction of a magistrate’s court.
(C)Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 561460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the person provides proof on the person’s court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.
(D)Before the reinstatement of a driver’s license or vehicle registration suspended due to a violation of this section, a fee of fifty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year.”
Time effective
SECTION2.This act takes effect on October 1, 2001.
Ratified the 7th day of June, 2001.
Approved the 9th day of August, 2001.
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