South Carolina General Assembly
118th Session, 2009-2010

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Indicates Matter Stricken
Indicates New Matter

R192, H3161

STATUS INFORMATION

General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\ms\7084ahb09.docx
Companion/Similar bill(s): 4595

Introduced in the House on January 13, 2009
Introduced in the Senate on March 31, 2009
Last Amended on April 29, 2010
Passed by the General Assembly on May 5, 2010
Governor's Action: May 12, 2010, Vetoed
Legislative veto action(s): Veto sustained

Summary: Motor vehicle hearing office

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/16/2008  House   Prefiled
  12/16/2008  House   Referred to Committee on Judiciary
   1/13/2009  House   Introduced and read first time HJ-73
   1/13/2009  House   Referred to Committee on Judiciary HJ-73
    3/4/2009  House   Committee report: Favorable Judiciary HJ-61
    3/5/2009  House   Requests for debate-Rep(s). Funderburk, JE Smith, 
                        Sellers, JH Neal, Miller, RL Brown, AD Young, Allison, 
                        Erickson, Huggins, Bingham, Haley, Hardwick, 
                        McEachern, Ott, and Kennedy HJ-19
    3/6/2009          Scrivener's error corrected
   3/26/2009  House   Read second time HJ-29
   3/26/2009  House   Roll call Yeas-64  Nays-43 HJ-29
   3/26/2009  House   Unanimous consent for third reading on next legislative 
                        day HJ-30
   3/27/2009  House   Read third time and sent to Senate HJ-2
   3/31/2009  Senate  Introduced and read first time SJ-13
   3/31/2009  Senate  Referred to Committee on Judiciary SJ-13
   1/20/2010  Senate  Referred to Subcommittee: Campbell (ch), Knotts, 
                        Campsen, Lourie
    3/3/2010  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-14
    3/4/2010          Scrivener's error corrected
   3/31/2010  Senate  Special order, set for March 31, 2010 SJ-74
   4/14/2010  Senate  Debate interrupted SJ-120
   4/15/2010  Senate  Committee Amendment Amended and Adopted SJ-39
   4/15/2010  Senate  Amended SJ-39
   4/15/2010  Senate  Read second time SJ-39
   4/16/2010          Scrivener's error corrected
   4/20/2010  Senate  Debate interrupted SJ-29
   4/21/2010  Senate  Amended SJ-52
   4/21/2010  Senate  Debate interrupted SJ-52
   4/22/2010          Scrivener's error corrected
   4/22/2010  Senate  Amended SJ-78
   4/22/2010  Senate  Read third time and returned to House with amendments 
                        SJ-78
   4/23/2010          Scrivener's error corrected
   4/23/2010          Scrivener's error corrected
   4/29/2010  House   Senate amendment amended HJ-59
   4/29/2010  House   Returned to Senate with amendments HJ-59
    5/5/2010  Senate  Concurred in House amendment and enrolled SJ-35
    5/6/2010          Ratified R 192
   5/12/2010          Vetoed by Governor
   5/13/2010  House   Veto sustained Yeas-58  Nays-51 HJ-19
   5/13/2010  House   Motion noted- to reconsider the vote whereby the veto 
                        was sustained
   5/27/2010  House   Motion to reconsider tabled HJ-40

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/16/2008
3/4/2009
3/6/2009
3/3/2010
3/4/2010
4/15/2010
4/16/2010
4/21/2010
4/22/2010
4/22/2010-A
4/23/2010
4/29/2010

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R192, H3161)

AN ACT TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT, SO AS TO REQUIRE THE OFFICE OF MOTOR VEHICLE HEARINGS TO EMPLOY CERTAIN PROFESSIONAL AND SUPPORT STAFF; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO INCREASE THE FILING FEE FROM ONE HUNDRED FIFTY TO TWO HUNDRED FIFTY DOLLARS AND PROVIDE FOR THE DISTRIBUTION OF THE FILING FEE FUNDS COLLECTED; TO AMEND SECTION 8-21-320, AS AMENDED, RELATING TO COMMON PLEAS AND FAMILY COURT MOTION FEES, SO AS TO INCREASE THE MOTION FEE FROM TWENTY-FIVE TO SEVENTY-FIVE DOLLARS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 14-1-204, AS AMENDED, RELATING TO COURT FILING FEES COLLECTED BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO IMPOSE FEES FOR A CERTAIN PERIOD OF TIME IN FAMILY COURT AND OTHER FEES IN OTHER COURTS OF RECORD, PROVIDE EXCEPTIONS, AND PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED; AND TO AMEND SECTION 22-3-340, AS AMENDED, RELATING TO ASSESSMENTS ON FILINGS IN MAGISTRATES COURT, SO AS TO INCREASE THE ASSESSMENT FROM TWENTY-FIVE TO FIFTY DOLLARS ON SUMMONS AND COMPLAINT FILINGS AND FROM TEN TO TWENTY DOLLARS ON CIVIL FILINGS IN MAGISTRATES COURT.

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

Office of Motor Vehicle Hearings, hearing officers

SECTION    1.    Section 1-23-660(A) of the 1976 Code, as last amended by Act 279 of 2008, is further amended to read:

"(A)    There is created within the Administrative Law Court the Office of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Office of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Office of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff must be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their adjudicatory functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court prescribes. The Office of Motor Vehicle Hearings shall employ at least five hearing officers, an attorney to advise the hearing officers, and support staff in the performance of their duties, and other support and supervisory staff as deemed necessary by the chief judge. All employees of the office shall serve at the will of the chief judge. The chief judge is solely responsible for the administration of the office, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate rules governing practice and procedures before the Office of Motor Vehicle Hearings. These rules are subject to review as are the rules of procedure promulgated by the Supreme Court pursuant to Article V of the South Carolina Constitution."

Office of Motor Vehicle Hearings, filing fee

SECTION    2.    Section 56-5-2952 of the 1976 Code, as last amended by Act 279 of 2008, is further amended to read:

"Section 56-5-2952.    The filing fee to request a contested case hearing before the Office of Motor Vehicle Hearings of the Administrative Law Court is two hundred fifty dollars, or as otherwise prescribed by the rules of procedure for the Office of the Motor Vehicle Hearings. Funds generated from the collection of this fee must be retained by the Administrative Law Court, provided, however, that these funds first must be used to meet the expenses of the Office of Motor Vehicle Hearings, including the salaries of its employees, as directed by the Chief Judge of the Administrative Law Court."

Court of common pleas and family court, motion fees

SECTION    3.    A.        From the effective date of this act through June 30, 2012, Section 8-21-320 of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:

"Section 8-21-320.        There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of seventy-five dollars. The fee must accompany each motion filed. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department.

The revenue collected pursuant to this section shall be distributed by the State Treasurer in the following manner:

(1)    The first four hundred fifty thousand dollars of these funds must be transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts.

(2)    Two hundred thousand dollars must be transferred to the South Carolina Access to Justice Commission.

(3)    Any remaining funds must be transferred to the Judicial Department for operating purposes."

B.        On and after July 1, 2012, Section 8-21-320 shall read:

"Section 8-21-320.    There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twenty-five dollars. The fee must accompany each motion filed. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department.

The revenue collected pursuant to this section shall be distributed by the State Treasurer in the following manner:

(1)    The first four hundred fifty thousand dollars of these funds must be transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts.

(2)    Any remaining funds must be transferred to the Judicial Department for operating purposes."

Court fees, filing fees, exceptions

SECTION    4.    A.        From the effective date of this act through June 30, 2012, Section 14-1-204 of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:

"Section 14-1-204.        (A)    The one hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.

The fifty-six percent of the one hundred dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:

(1)    31.52 percent to the state general fund;

(2)    7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3)    4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund;

(4)    26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and

(5)    30.00 percent to the South Carolina Judicial Department.

(B)(1)    There is added to the fee imposed pursuant to Section 8-21-310(11)(a) an additional fee equal to fifty dollars. One hundred percent of the revenue from this additional fee must be remitted to the State Treasurer on the monthly schedule provided in subsection (A). The revenues from this additional fee must be allocated in each fiscal year to the following agencies in the amounts specified:

(a)    Judicial Department-67.96 percent;

(b)    Commission on Indigent Defense, Defense of Indigents per capita-14.56 percent;

(c)    Department of Probation, Parole and Pardon Services-11.30 percent;

(d)    Prosecution Coordination Commission-4.37 percent; and

(e)    Commission on Indigent Defense, Division of Appellate Defense-1.81 percent.

(2)    Fee revenues allocated pursuant to this subsection are to be retained, expended, and carried forward by the agencies specified.

(C)    In addition to the fees imposed pursuant to subsection (B) and Section 8-21-310(11)(a), the following fees are imposed:

(a)    a fee of fifty dollars for proceedings in family court, except family court proceedings that are solely for child support enforcement or child support modification are exempt from any fee increase imposed pursuant to this subsection; and

(b)    a fee of one hundred fifty dollars for proceedings in any other court of record.

These fees must be delivered to the county treasurer to be remitted to the State Treasurer by the fifteenth day of each month for allocation and distribution to the Judicial Department in each fiscal year. The additional fees in this subsection do not apply to filings of an agency or court whose filing fees are calculated by a reference to the filing fee for circuit court."

B.        On and after July 1, 2012, Section 14-1-204 shall read:

"Section 14-1-204.        (A)    The one hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.

The fifty-six percent of the one hundred dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:

(1)    31.52 percent to the state general fund;

(2)    7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3)    4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund;

(4)    26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and

(5)    30.00 percent to the South Carolina Judicial Department.

(B)(1)    There is added to the fee imposed pursuant to Section 8-21-310(11)(a) an additional fee equal to fifty dollars. One hundred percent of the revenue from this additional fee must be remitted to the State Treasurer on the monthly schedule provided in subsection (A). The revenues from this additional fee must be allocated in each fiscal year to the following agencies in the amounts specified:

(a)    Judicial Department-67.96 percent;

(b)    Commission on Indigent Defense, Defense of Indigents per capita-14.56 percent;

(c)    Department of Probation, Parole and Pardon Services-11.30 percent;

(d)    Prosecution Coordination Commission-4.37 percent; and

(e)    Commission on Indigent Defense, Division of Appellate Defense-1.81 percent.

(2)    Fee revenues allocated pursuant to this subsection are to be retained, expended, and carried forward by the agencies specified."

Magistrates court, filing fees

SECTION    5.    A.        From the effective date of this act through June 30, 2012, Section 22-3-340 of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:

"Section 22-3-340.    An assessment equal to fifty dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to twenty dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department."

B.        On and after July 1, 2012, Section 22-3-340 shall read:

"Section 22-3-340.    An assessment equal to twenty-five dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department."

Savings clause

SECTION    6.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Severability clause

SECTION    7.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    8.    This act takes effect upon approval by the Governor.

Ratified the 6th day of May, 2010.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2010.

___________________________________________

Governor

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This web page was last updated on Monday, October 10, 2011 at 12:19 P.M.