Reps. CASKEY and BANNISTER proposes the following amendment (LC-831.DG0031H):

Amend the bill, as and if amended, SECTION 32, by striking Section 57-3-205(B) and (C) and inserting:

 (B) Public-private partnership arrangements may take the form of design-build agreements, design-build-operate agreements, design-build-operate-maintain agreements, design-build-finance-operate-maintain agreements, franchise agreements, pre-development agreements, tolling usage charge services agreements, direct agreements, guarantees, concession agreements, lease agreements, availability payments agreements, performance-based payments agreements, or any other form of contract approved by the department, or other similar arrangements or agreements pursuant to which the design, right-of-way acquisition, relocation of structures or utilities, construction, financing, management, maintenance, and operation, or any combination thereof, of a public highway, road, streets, buildings and facilities owned by the department, broadband technology, bridge, public transit project and work, improvements or facilities incidental or related thereto is accomplished by the department or on behalf of the department by any public or private entities or methods. Additionally, such agreements may:
  (1) be short-term or long-term agreements, but not exceed sixty years;
  (2) authorize the establishment, adjustment, indexation, and enforcement of fares, tollsusage charges, or other user fees, including time-of-day or dynamic pricing, consistent with policies adopted by the department, which may allow enforcement through photo monitoring, cashless tolling, toll-by-mail, and toll-by-licensecharges, charge-by-mail, and charge-by-license plate. Such enforcement tools are authorized for projects under this section as well as on a turnpike choice lane facility designated under Article 9, Chapter 5, Title 57;
  (3) specify a revenue application waterfall, reserves, rate covenants, and collection and enforcement measures; and
  (4) be structured on a revenue-risk, availability-payment, or hybrid basis, including shadow tolls or usage-based performance components.
 (C) Subject to Section 57-3-615, any contracts entered into pursuant to this section may authorize funding to be established, set, modified, adjusted, and retained by the private entity, may include fares, tollsusage charges, or other user fees for use of the project that is the subject of the arrangement, and the department may provide enforcement and collection services for the benefit of a public-private partnership arrangement. The funding may be distributed among the participants in the project as may be provided for by contract. Multiyear payment obligations may be appropriation backed availability payments or milestone payments and may include standard non-appropriation clauses and termination-for-non-appropriation remedies with predefined compensation formulas.

Amend the bill further, SECTION 33, by striking Section 57-3-615(A), (B), and (C) and inserting:

 (A) No toll or usage charge may be imposed on the passage of any vehicle on any publicly owned or controlled road, bridge, highway, or interstate in this State except as provided by this section. Any toll or usage charge imposition must be allowed by or not contrary to federal law. Tolls or usage charges may be imposed on a publicly owned or controlled road, bridge, highway, or interstate under any of the following circumstances:
  (1) the toll or usage charge imposition is specifically authorized by the General Assembly;
  (2) the toll imposition is on a turnpike facilitymanaged or choice lane facilities designated as a choice lane facility under Article 9, Chapter 5, Title 57; or
  (3) the toll usage charge imposition is reviewed by the Joint Bond Review Committee and approved by the State Fiscal Accountability Authority in connection with an agreement under Section 57-3-200 or 57-3-205 for managed or choice lane facilities prior to the solicitation of proposals for the agreement. The manner and method of toll usage charge imposition and rate setting are not required to be reviewed or approved, but must be set forth in the agreement, as may be amended from time to time.
 (B) Tolls Usage charges imposed under subsection (A)(2) or (3) of this section may only be imposed on managed or choice lane facilities that increase the capacity of the applicable road, bridge, highway, or interstate. Managed or choice lane facilities are those facilities that are actively managed to achieve more effective and efficient use of a road, bridge, highway, or interstate using various strategies including but not limited to pricing, vehicle eligibility, and access control; the managed or choice lane facilities shall be in addition to and not in place of existing lanes. Usage charges are charges imposed for the use of, or right to use, managed or choice lane facilities.
 (C) Tolls Usage charges may continue to be imposed on the passage of vehicles on any publicly owned or controlled road, bridge, highway, or interstate in this State on which tolls or usage charges were imposed as of January 1, 2026.

Amend the bill further, SECTION 35, Section 57-3-800, by striking the first undesignated paragraph and inserting:

 The Department of Transportation may enter into reciprocal agreements with other jurisdictions including the federal government and any state, or agencies or departments thereof, to enforce toll or usage charge violations. The agreement shall provide that, when another jurisdiction certifies that the owner of a vehicle registered in this State has failed to pay a toll or usage charge, processing fee, or civil penalty due to that jurisdiction, the unpaid toll or usage charge, processing fee, or civil penalty may be enforced by placing a registration suspension as if the owner of the motor vehicle has an outstanding judgment for failure to pay a toll or usage charge under Section 56-3-1335, upon electronic notification by the Department of Transportation to the Department of Motor Vehicles. The agreement shall only be enforceable to the extent that:

Amend the bill further, SECTION 35, by striking Section 57-3-800(1), (2), (3), and (4) and inserting:

 (1) the other jurisdiction has its own reciprocal procedure for toll or usage charge violation enforcement and does, in fact, reciprocate in enforcing toll or usage charge violations within this State by withholding the registration renewal of registered owners of motor vehicles from such jurisdiction, and the other jurisdiction provides due process and appeal protections to avoid the likelihood that a false, mistaken, or unjustified claim will be pursued against the owner of a vehicle registered in this State;
 (2) drivers and vehicles licensed or registered in this State, while operating on the highways and bridges of the other jurisdiction, shall receive the benefits, privileges, and exemptions of a similar kind with regard to toll or usage charge enforcement as are extended to the drivers and vehicles licensed or registered in the other jurisdiction while they are operating on the highways and bridges of this State;
 (3) the owner of a vehicle registered in this State may present evidence to the other toll or usage charge agency or jurisdiction by mail or other means to invoke rights of due process without having to appear personally in the jurisdiction where the violation allegedly occurred;
 (4) the reciprocal violation enforcement arrangement between the department and the other toll or usage charge agency provides that each party shall charge the other for costs associated with registration holds, or the like, in their respective jurisdictions.

Amend the bill further, SECTION 36, by striking Section 57-5-1345(A) and (B) and inserting:

 (A) In order to administer, collect, and enforce any toll or usage charge, toll or usage charge violation, processing fee, civil penalty, or registration-based enforcement mechanism authorized by this title, the Department of Transportation shall coordinate with the Department of Motor Vehicles to ensure access to current motor vehicle and owner registration data.
 (B) The Department of Transportation shall, at a minimum, receive updated toll-relatedtoll and usage charge related vehicle data from the Department of Motor Vehicles monthly. The data shall include, but is not limited to, vehicle identifiers, registration status indicators, and any information necessary to support toll or usage charge billing, notice, enforcement actions, or registration renewal blocks authorized by law.

Amend the bill further, SECTION 36, by striking Section 57-5-1345(C)(3) and inserting:

  (3) limitations on use of the data solely for toll or usage charge administration and enforcement purposes; and

Amend the bill further, SECTION 36, by striking Section 57-5-1345(D) and inserting:

 (D) No toll or usage charge enforcement action that relies upon registration suspension, renewal block, or similar Department of Motor Vehicles action may be initiated unless the vehicle data relied upon has been updated in accordance with this section.

Amend the bill further, SECTION 38, by striking Section 57-5-1320(2) and (3) and inserting:

 (2) "Turnpike Choice lane facility" means any express highway or limited access highway constructed or any specified lanes or portion thereof, designated and ratified or approved as such under the provisions of this article by the department, whether or not financed with turnpike bonds, including any bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll access house, service station and administration and storage and other buildings and facilities which the department considers necessary or desirable. A turnpike choice lane facility constitutes a portion or extension of any existing or proposed highway in the state highway system;
 (3) "Bonds or turnpike bonds" means revenue bonds of the State authorized under the provisions of this article and Paragraph (9), Section 13, Article X of the South Carolina Constitution;

Amend the bill further, SECTION 38, by striking Section 57-5-1320(5) and inserting:

 (5) "Turnpike Choice lane facility revenues" means all revenues resulting from tolls usage charges or other charges derived from the operation of a turnpike choice lane facility, including revenues derived from concession leases or other concessionaire operated facilities;, and, to the extent designated by the bond resolution, such nontax revenues or other legally available funds as are or may be made available to the department from whatever source for the purpose of operating, financing, enforcing, and maintaining, or any combination thereof, turnpike choice lane facilities;

Amend the bill further, SECTION 38, by striking Section 57-5-1330(A), (B), (C), and (D) and inserting:

(A) The department may designate, establish, plan, improve, construct, maintain, operate, and regulate turnpike choice lane facilities as a part of the state highway system or any federal aid system whenever the department determines the traffic conditions, present or future, justify the facilities, except that the department may not designate as a turnpike choice lane facility any highway, road, bridge, or other transportation facility funded in whole or in part by a then imposed local option sales and use tax as provided in imposed pursuant to Chapter 37 of Title 4, unless by agreementsagreement with the applicable county government. The department may utilize turnpike choice lane facilities revenues and funds available for the maintenance of the state highway system for the maintenance and operation of any turnpike choice lane facility financed pursuant to this article. The authority to designate turnpike choice lane facilities under this section shall at all times be subject to the provisions of Section 57-3-615, and such designation shall not be effective until ratified or approved by the State Fiscal Accountability Authority.
 2.(B) In every highway construction project, except federal and state secondary projects, rehabilitation and widening of federal and state primary and secondary road and bridge projects and highway safety projects, the Department shall consider making all or part of the highway construction a turnpike facility and financing it by the use of turnpike bonds. It shall make an entry in the construction project file indicating whether or not it determines making all or part of the project a turnpike facility. If the department determines it is feasible to make all or part of the any construction project a turnpike choice lane facility, then it may engage in the preliminary estimates and studies incident to the determination of the feasibility or practicability of constructing any toll roadchoice lane facility as it from time to time considers necessary and the cost of the preliminary estimates and studies must be paid from the general highway fund and must be reimbursed from funds provided under this authority only if the studies and estimates lead to the construction of a toll roadchoice lane facility.
 3.(C) The department may acquire such lands and property including rights of access as may be needed for turnpike choice lane facilities by gift, devise, purchase, or condemnation by easement or in fee simple in the same manner as now or hereafter authorized by law for acquiring property or property rights in connection with other state highways.
 4.(D) In designating, establishing, planning, abandoning, improving, constructing, maintaining and regulating turnpike choice lane facilities the department may exercise such authorizations as are granted to the department by the provisions of other statute law applicable to the state highway system, except as they may be inconsistent with the provisions included herein.

Amend the bill further, SECTION 38, by striking Section 57-5-1330(E)(1) and (2) and inserting:

 5.(E)(1) The Departmentdepartment may contract with any person, partnership, association or corporation desiring the use of any part of the turnpike choice lane facility, including the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels and restaurants or for any other purpose, except tracks for railroad or railway use and to fix the terms, conditions, rents and rates of charges for such use provided that a sufficient number of the aforementioned facilities shall be authorized to be established in each service area along any such turnpike choice lane project to permit reasonable competition by private business in the public interest. Revenues from these contracts would be included in turnpike choice lane facility revenues.
  (2) The department may contract with any political subdivision desiring to assist the department, whether financially, in kind, or otherwise, in any of the designating, establishing, planning, abandoning, financing, improving, constructing, maintaining, and regulating turnpike choice lane facilities as may be set forth in a short-term or long-term intergovernmental agreement between the department and the political subdivision. Revenues from these contracts may be pledged for the term thereof and may be included in turnpike choice lane facility revenues should the contract so provide. The right to receive any payments under such an intergovernmental agreement may be maintained by the department or assigned to the trustee for the turnpike revenue bonds, as may be provided or authorized in the bond resolution. The authority to enter into such an intergovernmental agreement is concurrent and supplementary to those general powers granted political subdivisions and the department in the South Carolina Code of Laws, including, without limitation, Title 57.

Amend the bill further, SECTION 38, by striking Section 57-5-1335 and inserting:

 Section 57-5-1335. The Department of Transportation department, before constructing a bridge or replacing an existing bridge which qualifies is or is anticipated to be designated as a turnpike choice lane facility as defined in Section 57-5-1320, shall conduct the feasibility study required by referenced in Section 57-5-1330 and shall forward copies of the study to the Chairman of the Transportation and Finance Committees of the Senate and the Education and Public Works and Ways and Means Committees of the House of Representatives within fifteen days of the completion of the study.

Amend the bill further, SECTION 38, by striking Section 57-5-1340(1), (2), (3), (4), (5), (6), and (7) and inserting:

 1.(1) Requestrequest the issuance of turnpike bonds for the purpose of paying all or any part of the cost of any one or more turnpike choice lane projects;
 2.(2) Fixfix and revise from time to time and charge and collect a program of tolls usage charges for transit over each designated turnpike choice lane facility; constructed by it; and each program may provide for dynamic tollingcharges, scheduled tollingcharges, variable tollingcharges, uniform tollingcharges, or some combination thereof, and may take into account the weight and class of certain vehicles, real-time and planned usage, and any other factors deemed appropriate by the department;
 3.(3) Combinecombine, for the purposes of financing the any turnpike choice lane facilities, any two or more turnpike choice lane facilities;
 4.(4) Controlcontrol access to turnpike choice lane facilities;
 5.(5) Toto the extent permitted by a bond resolution, expend turnpike choice lane facility or facilities revenues in advertising the turnpike choice lane facilities and services of the turnpike choice lane facility or facilities to the traveling public;
 6.(6) Receivereceive and accept from any federal agency grants for or in the aid of the construction of any turnpike choice lane facility;
 7.(7) Establishestablish a separate division to administer turnpike choice lane facilities and a separate turnpike choice lane facility account.;

Amend the bill further, SECTION 38, Section 57-5-1350, by striking the first undesignated paragraph and inserting:

 Whenever it becomes necessary that monies be raised for a turnpike choice lane facility, the commission department may make request to the State Fiscal Accountability Authority for the issuance of turnpike bonds. The request may be in the form of resolution adopted at any regular or special meeting of the commission. The request shall set forth on the face thereof or by schedule attached thereto:

Amend the bill further, SECTION 38, by striking Section 57-5-1350(1) and (2) and inserting:

 1.(1) the turnpike choice lane facility proposed to be constructed or designated;
 2.(2) the amount required for feasibility studies, planning, design, right-of-way acquisition, and construction of the turnpike choice lane facility;

Amend the bill further, SECTION 38, by striking Section 57-5-1350(5) and (6) and inserting:

 5.(5) any feasibility study obtained by the commission department relating to the proposed turnpike choice lane facility;
 6.(6) the commission's department's recommendations relating to any covenant to be made in the bond resolution of the State Fiscal Accountability Authority respecting competition between the proposed turnpike choice lane facility and possible future highways whose construction would have an adverse effect upon the turnpike choice lane facility revenues which would otherwise be derived by the proposed turnpike choice lane facility.

Amend the bill further, SECTION 39, by striking Section 57-5-1380(A) and (B) and inserting:

 (A) For the payment of the principal of and interest on all turnpike bonds, there is irrevocably pledged all turnpike revenues derived from the turnpike choice lane facility revenues financed by the bonds to the extent and in the manner prescribed by the bond resolution. Any interest earned on turnpike choice lane facility account balances must be credited to the turnpike choice lane facility account as prescribed in the bond resolution.
 (B) The turnpike bonds authorized by this article are special limited obligations of the State. The principal and interest are payable solely out of the turnpike choice lane facility revenues. The turnpike bonds issued do not constitute an indebtedness of the State, State Fiscal Accountability Authority, or department within the meaning of any state constitutional provision or statutory limitation, except indebtedness payable solely from a revenue producing source or from a special source that does not include revenues from any tax within the meaning of Paragraph (9), Section 13, Article X of the South Carolina Constitution. The full faith, credit, and taxing powers of the State, State Fiscal Accountability Authority, or department are not pledged to the payment of the turnpike bonds and this fact must be plainly stated on the face of each turnpike bond. The State Fiscal Accountability Authority and the department each lack taxing power. The General Assembly finds that choice lane facilities constitute a revenue producing project for the purposes of Paragraph (9), Section 13, Article X of the South Carolina Constitution.

Amend the bill further, SECTION 39, by striking Sections 57-5-1390 and 57-5-1400 and inserting:

 Section 57-5-1390. Turnpike bondsBonds shall bear interest, payable on occasions prescribed by the State Fiscal Accountability Authority, at a rate not exceeding the maximum prescribed by Section 11-9-350 the bond resolution. Each issue of turnpike bonds shall mature on the occasion prescribed by the State Fiscal Accountability Authority, not exceeding forty years from the date the bonds bearare issued. Turnpike bondsBonds may, in the discretion of the State Fiscal Accountability Authority, be made subject to redemption at par and accrued interest, plus such redemption premium as it approves and on occasions and under conditions it prescribes. Turnpike bondsBonds are not redeemable before maturity unless they contain a statement to that effect.

 Section 57-5-1400. Turnpike bondsBonds must be sold at private or public sale under conditions prescribed by the bond resolutionState Fiscal Accountability Authority. For the purpose of bringing about successful sales of the bonds, the State Fiscal Accountability Authority may do, or cause to be done, all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sales of the turnpike bonds must be paid from the proceeds of the sale of the bonds or turnpike choice lane facility revenues.

Amend the bill further, SECTION 39, by striking Section 57-5-1430 and inserting:

 Section 57-5-1430. Turnpike bondsBonds must each be in the denomination of one thousand or five thousand dollars or some multiple thereof or such larger denominations as may be authorized by the State Fiscal Accountability Authority in the bond resolution.

Amend the bill further, SECTION 39, Section 57-5-1440, by striking the second undesignated paragraph and inserting:

 Turnpike bondsBonds may also be issued as fully registered bonds with both principal and interest made payable only to the registered holder. The fully registered bonds are subject to transfer under conditions the State Fiscal Accountability Authority prescribes. The fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this section.

Amend the bill further, SECTION 39, by striking Section 57-5-1450(A)(1), (2), (3), and (4) and inserting:

  (1) the amount, denomination, and numbering of turnpike bonds to be issued;
  (2) the date as of which they must be issued method or manner of dating the turnpike bonds;
  (3) the estimated maturity schedule for the retirement of the turnpike bonds and a pro forma table of anticipated principal and interest payments for such turnpike bonds;
  (4) the form or forms of the turnpike bonds of the particular issue;

Amend the bill further, SECTION 39, by striking Section 57-5-1450(A)(6), (7), and (8) and inserting:

  (6) the maximum rate or rates of interest the turnpike bonds shall bear;
  (7) the specific purposes for which the turnpike bonds must be issued;
  (8) the purposes for which the proceeds of the turnpike bonds must be expended, in the discretion of the State Fiscal Accountability Authority, a portion of the proceeds may be used as capitalized interest during the period of construction and initial operation and for the creation of appropriate debt service reserves and other funds and accounts as the State Fiscal Accountability Authority deems necessary or expedient from the turnpike bonds and the proper operation and functioning of the turnpike choice lane facilities;

Amend the bill further, SECTION 39, by striking Section 57-5-1450(A)(9), (10), (11), and (12) and inserting:

  (10)(9) the extent to which and the conditions under which additional parity turnpike bonds may be issued;
  (11)(10) any covenant considered necessary protecting the turnpike choice lane facility so financed from possible future competition from other highways or comparable facilities;
  (12)(11) the authorized method or methods by which the turnpike bonds must be sold and such other matters as may be considered necessary in order to effect the sale, issuance, and delivery of the turnpike bonds.;
  (12)  the conditions under which refunding turnpike bonds may be issued.

Amend the bill further, SECTION 39, by striking Section 57-5-1450(B), (C), and (D) and inserting:

 (C)(B) The bond resolution shall set forth further a finding on the part of the State Fiscal Accountability Authority that the estimate of turnpike choice lane facility revenues made by the commission department and approved by the State Fiscal Accountability Authority indicates that collection from turnpike choice lane facility revenues for applicable fiscal years is expected to be not less than that required for annual debt service requirements of the requested turnpike bonds. In making such finding, the department and the authority may rely in whole or in part on the work product of third-party professionals engaged to provide financial, feasibility, or practicability studies related to the turnpike choice lane facilities or the financing thereof through turnpike bonds.
 (C) The authority, by bond resolution duly adopted, may ratify and approve, in whole or in part, or modify in any way, the designation of turnpike choice lane facilities proposed pursuant to Section 57-5-1350.
 (D) The authority, by bond resolution duly adopted, may ratify and approve, in whole or in part, the combining of any turnpike choice lane facilities then existing or proposed pursuant to Section 57-5-1350; provided, however, that prior to ratifying and approving such a combination from time to time the authority shall make a finding that it is in the best interest of the State after taking into account factors including, but not limited to, geographic connection, regional transportation planning, operational efficiencies, revenue stability, bonding capacity, and such other factors as it finds relevant.

Amend the bill further, SECTION 39, by striking Section 57-5-1460 and inserting:

 Section 57-5-1460. If following presentation of a certified copy of the bond resolution it appears to the satisfaction of the Governor and the State Treasurer that the estimated collection from the sources of revenue turnpike choice lane facility revenues in applicable future fiscal years are not less than that required for annual debt service requirements for the requested turnpike bonds, then the Governor and State Treasurer may effect the delivery of bonds in accordance with the bond resolution.

Amend the bill further, SECTION 40, by striking Section 57-5-1490 and inserting:

 Section 57-5-1490. Any person who uses any turnpike project choice lane facility and fails or refuses to pay the any usage charge toll provided therefor then due shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days, and in addition thereto the Departmentdepartment shall have a lien upon the vehicle driven by such person for the amount of such toll usage charge and may take and retain possession thereof.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(A)(1) and inserting:

  (1) "Electronic toll collection system" means a system of collecting tolls orusage charges which is capable of charging an account holder or person the appropriate toll orusage charge by electronic means transmission of information from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(A)(5) and (6) and inserting:

  (5) "Photo-monitoring system" means a vehicle sensor installed to work in conjunction with a toll collectionchoice lane facility which automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of a vehicle at the time it is used or operated in violation of toll usage charge collection regulations.
  (6) "Toll violationViolation" means the passage of a vehicle through a toll usage fee collection point without payment of the required tollcharge.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(B) and inserting:

 (B) Notwithstanding another provision of law, when a vehicle is driven through a turnpike choice lane facility without payment of the required tollcharge, the owner and operator of the vehicle is jointly and severally liableresponsible to the Department of Transportation to pay the required tollcharge, administrative fees, and civil penalty as provided in this section. The department or its authorized agent may enforce collection of the required toll charge as provided for in this section.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(D)(1) and (2) and inserting:

  (1) not more than ten dollars for the first toll violation within a period of one year;
  (2) not more than twenty-five dollars for each subsequent toll violation within a period of one year.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(E) and (F) and inserting:

 (E) Upon failure to pay the required toll charge and administrative fees to the department within thirty days of the notice, the owner or operator may be cited for failure to pay a toll charge pursuant to this subsection and, upon an adjudication of liability, is subject to a civil penalty not to exceed fifty dollars for each violation as contained in subsection (F). Upon an adjudication of liability, a judgment must be entered against the owner or operator, and the court must mail a copy of the judgment to the owner or operator unless the owner has opted into receiving electronic notifications based on the Department of Motor Vehicles' records, at which time the court must notify the owner electronically. Upon failure to satisfy the judgment within thirty days, the court shall notify via electronic methods pursuant to Department of Motor Vehicles' standards, the Department of Motor Vehicles and the authorized agent, and the department Department of Motor Vehicles shall suspend the registration of the vehicle that was operated when the toll charge was not paid and deny the vehicle's registration or reregistration pursuant to Section 56-3-1335. The suspension shall remain in effect until the judgment is satisfied and evidence of its satisfaction has been electronically submitted presented to the Department of Motor Vehicles and the authorized agent, and the owner pays the applicable reinstatement fee pursuant to Section 56-3-1335. An owner or operator who has been convicted of a violation of Section 57-5-1490 is not liable for the penalty imposed by this subsection.
 (F) If a magistrate or municipal judge determines that the person or entity charged with liability under this section is liable, the magistrate or municipal judge shall collect the unpaid tolls charges and administrative fee and forward them to the department or its authorized agent. The magistrate or municipal judge also may impose a civil penalty of up to fifty dollars for each violation, plus court costs and attorney's fees. The civil penalty must be distributed in the same manner as other fines and penalties collected by the magistrate. Notwithstanding another provision of law:
  (1) adjudication of liability pursuant to this section must be made by the magistrate's court of the county in which the toll facility is located or the municipal court of the city in which the toll choice lane facility is located; and
  (2) an imposition of liability pursuant to this section must be based upon a preponderance of evidence submitted and is not a conviction as an operator pursuant to Section 57-5-1490.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(G)(1), (2), (3), and (4) and inserting:

  (1) a "First Notice to Pay Tollof Violation" to the owner or operator of a vehicle which, on one occasion in any twelve-month period, is identified as having been involved in a toll violation. The first notice must require payment to the department of the required tollcharge, plus an administrative fee as provided for in subsection (D), within thirty days of the mailing of the notice;
  (2) a "Second Notice to Pay Tollof Violation" to the owner or operator of a vehicle which is identified as having been involved in a second toll violation in a twelve-month period, or who has failed to respond to a "First Notice to Pay Tollof Violation" within the required time period. The second notice must require payment to the department of the required tollscharges, plus an administrative fee as provided for in subsection (D) for each violation within thirty days of the mailing or sent date of the notice;
  (3) a "Failure to Pay a Toll" citation to the owner or operator of a vehicle which is identified as having been involved in a third toll violation in a twelve-month period, or who has failed to respond to the second notice within the required time period. The citation requires payment to the department of the unpaid tollscharges, plus an administrative fee of not more than twenty-five dollars for each violation, within thirty days, or the recipient's appearance in magistrate's court of the county in which the violation occurred or the municipal court of the city in which the violation has occurred to contest the citation. A "Failure to Pay a Toll" citation constitutes the summons and complaint for an action to recover the toll charges and all applicable fees allowed pursuant to this section; and
  (4) notwithstanding another provision of law, the notices and citation required by this subsection (G) by first-class mail to the owner or operator of the vehicle identified as being involved in the toll violation, unless the owner has opted into receiving electronic notification based on the Department of Motor Vehicles' records, at which time the court must notify the owner electronically. If a vehicle is registered in two or more names, the notices or citation must be mailed sent to the first name listed on the registration records. Notwithstanding another provision of law, personal delivery of the notices and citation is not required. A manual or automatic record of the mailing or sending of the notices or citation prepared in the ordinary course of business is prima facie evidence of the mailing of the notices or citation;

Amend the bill further, SECTION 40, by striking Section 57-5-1495(G)(5)(a), (b), (c), and (d) and inserting:

   (a) the name and address of the person or entity alleged to be liable for a failure to pay a toll charge pursuant to this section;
   (b) the registration number of the vehicle involved in the toll violation;
   (c) the location where the toll violation took place;
   (d) the date and time of the toll violation;

Amend the bill further, SECTION 40, by striking Section 57-5-1495(G)(5)(h) and inserting:

   (h) information advising that failure to pay a toll charge may result in the suspension of vehicle registration.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(H)(1) and (2) and inserting:

  (1) reported to a any law enforcement division agency as having been stolen, a valid defense to an allegation of liability for a failure to pay a toll charge is that the vehicle had been reported to a any law enforcement division agency as stolen before the time the violation occurred and had not been recovered by the time of the violation. If an owner receives a notice or citation pursuant to this section for a violation which occurred during a time period in which the vehicle was stolen, but which had not been reported to a any law enforcement division agency as having been stolen, a valid defense to an allegation of liability for a toll violation pursuant to this section is that the vehicle was reported as stolen within two hours after the discovery of the theft by the owner. For purposes of asserting the defense provided by this subitem, a certified copy of the police report on the stolen vehicle, sent by first-class mail or submitted electronically to the department, its agent, the Department of Motor Vehicles or the magistrate's court or the municipal court having jurisdiction of the citation within thirty days after receipt of the notices or citation, is sufficient;
  (2) leased to another person or entity, the lessor is not liable for the violation if the lessor sends to the department or to the court having jurisdiction over the citation a copy of the rental, lease, or another contract document covering the vehicle on the date of the violation, with the name and address of the lessee clearly legible, within thirty days after receiving the notices or citation. Failure to send the information within the thirty-day period renders the lessor liable for the unpaid tolls charges and any administrative fees or penalties assessed pursuant to this section. If the lessor complies with the provisions of this subitem, the lessee of the vehicle on the date of the violation is subject to liability for the failure to pay the toll charge if the department or its agent mails a notice of liability to the lessee within thirty days after receipt of a copy of the rental, lease, or other contract document.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(I) and (J) and inserting:

 (I) If a person or entity receives a notice or citation pursuant to this section, it is a valid defense to liability that the person or entity that receives the notice was not the owner of the vehicle at the time of the toll violation.
 (J) If an owner who pays the required tollscharges, fees, or penalties, or all of them pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator.

Amend the bill further, SECTION 40, by striking Section 57-5-1495(L) and (M) and inserting:

 (L) On turnpike choice lane facilities where electronic toll charge collection systems are utilized:
  (1) a person who wants to make payment of tolls charges electronically must apply to the department or its authorized agent to become an account holder. The department or its authorized agent, in its discretion, may deny the application of a person. A person whose application is accepted must execute an account holder's agreement. The terms of the account holder's agreement must be established by the department;
  (2) the department shall ensure that adequate and timely notice is given to all electronic toll charge collection system account holders to inform them when their accounts are delinquent. The owner of a vehicle who is an account holder under the electronic toll charge collection system is not liable for a failure to pay a toll charge pursuant to the provisions of this section unless the department or its authorized agent has first sent a notice of delinquency to the account holder and the account holder was delinquent at the time of the violation;
  (3) the department shall not sell, distribute, or make available the names and addresses of electronic toll charge collection system account holders, without the account holder's consent, to any entity that uses the information for commercial purposes. However, this restriction does not preclude the exchange of this information between entities with jurisdiction over or operating a toll highway bridge or tunnel;
  (4) information or data collected by the department or its authorized agent for the purpose of establishing and monitoring electronic toll charge collection accounts is not subject to disclosure under the Freedom of Information Act;
  (5) notwithstanding another provision of law, all information, data, photographs, microphotographs, videotape, or other recorded images prepared pursuant to this section must be for the exclusive use of the department or its authorized agent in the discharge of its duties under this section and must not be open to the public, subject to the disclosure under the Freedom of Information Act, nor used in a court in an action or a proceeding pending unless the action or proceeding relates to the imposition of or indemnification for liability pursuant to this section.
 (M) Notwithstanding any other provision of law, school buses transporting school children for a school event, shall be exempt from the payment of any tolls or usage charges.

Amend the bill further, SECTION 45, Section 12-28-2920, by striking the first undesignated paragraph and inserting:

 The department shall review projects for the possibility of constructing toll roads financed with usage charges to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330 Article 9, Chapter 5, Title 57, as well as Section 57-3-200 and 57-3-205. No project may be funded in whole or in part by means of imposing a toll usage charge on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department, taking into account all funding sources. The funds derived from tolls usage charges must be:

Amend the bill further, SECTION 45, by striking Section 12-28-2920(2) and inserting:

 (2) retained and applied by the entity or entities developing the toll applicable road pursuant to an agreement authorized under Section 57-3-200 or 57-3-205 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll applicable project; or

Amend the bill further, SECTION 45, by striking Section 12-28-2920(4) and inserting:

 (4) used to pay for the operation and maintenance costs of the toll applicable project.
 Upon repayment of the cost of construction and financing, toll charges shall cease.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 57-5-1370 of the S.C. Code is amended to read:

 Section 57-5-1370. Turnpike bondsBonds may be issued from time to time under the conditions prescribed by this article.

SECTION X. Section 57-5-1470 of the S.C. Code is amended to read:

 Section 57-5-1470. All turnpike bonds issued under this article, and the interest thereon, are exempt from all state, county, municipal, school district, and other taxes or assessment, direct or indirect, general or special, imposed by the State of South Carolina, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, or transfer taxes. Each turnpike choice lane facility constitutes a portion of the state highway system and as such is not subject to ad valorem or other forms of taxation by the State or any of its political subdivisions.

SECTION X. Article 9, Chapter 5, Title 57 of the S.C. Code is redesignated "Choice Lane Facilities".

Renumber sections to conform.

Amend title to conform.