H 4388 Session 109 (1991-1992)
H 4388 General Bill, By Bailey , S.S. Wofford and Young-Brickell
A Bill to amend Section 56-5-4160, Code of Laws of South Carolina, 1976,
relating to weighing vehicles and loads, so as to provide that fifty percent
of the fines collected for violation of weight loads must be remitted to the
county treasurer of the county in which the citation was issued.
02/11/92 House Introduced and read first time HJ-5
02/11/92 House Referred to Committee on Education and Public
Works HJ-5
04/22/92 House Recalled from Committee on Education and Public
Works HJ-43
05/06/92 House Objection by Rep. Koon, Cromer, J. Bailey , Cato,
Kirsh & Wells HJ-40
Indicates Matter Stricken
Indicates New Matter
RECALLED
April 22, 1992
H. 4388
Introduced by REPS. G. Bailey , A. Young and Wofford
S. Printed 4/22/92--H.
Read the first time Febuary 11, 1991.
A BILL
TO AMEND SECTION 56-5-4160, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO WEIGHING VEHICLES AND
LOADS, SO AS TO PROVIDE THAT FIFTY PERCENT OF THE
FINES COLLECTED FOR VIOLATION OF WEIGHT LOADS MUST
BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY
IN WHICH THE CITATION WAS ISSUED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4160(E) of the 1976 Code is amended to
read:
"(E) Magistrates have jurisdiction of violations of this
section. All monies collected pursuant to Section 56-5-4160 must be
forwarded to the department by the magistrate within forty-five days for
deposit in the state highway fund. Of the monies collected pursuant to
subsection (B), fifty percent must be remitted to the county treasurer
of the county in which the citation was issued. The remaining money
must be used by the department shall use this money for
upgrading and refurbishing existing weigh stations, including adequate
night lighting for enforcement activities and any other safety measures
that the department considers necessary. The fine may be deposited with
the arresting officer or anyone else the department may designate. The
fine must be deposited in full or other arrangements satisfactory to the
department for payment must be made before the operator is allowed to
move the vehicle. If there is no conviction, the fine must be returned to
the owner promptly.
`Conviction' as used in this section, also includes the entry of a plea
of guilty or nolo contendere and the forfeiture of bail or collateral
deposited to secure a defendants defendant's presence
in court. If the fine is not paid in full to the department within
forty-five days after conviction, the license and registration of the
vehicle found to exceed the limits imposed by Section 56-5-4130 or
56-5-4140 must be suspended. The owner of the vehicle immediately
shall return the license and registration of the vehicle to the department.
If a person fails to return them as provided in this section, the
department may secure possession of them by a commissioned trooper.
The suspension continues until the fine is paid in full."
SECTION 2. This act takes effect upon approval by the Governor.
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