H 3907(Rat #0072)  General Bill, By Willis, Owens, Stringer, Daning, Brannon, 
Rivers, Kennedy, King, Mitchell, Putnam, Wells and Wood
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6
 TO CHAPTER 1, TITLE 56 SO AS TO AUTHORIZE THE DEPARTMENT OF MOTOR VEHICLES TO
 ACCEPT UNCERTIFIED CHECKS FOR PAYMENT FOR PRODUCTS OR SERVICES ISSUED BY THE
 DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT MAY REFUSE TO PROVIDE A PERSON ANY
 PRODUCT OR SERVICE, EXCEPT AN IDENTIFICATION CARD, UNTIL THE PERSON HAS PAID
 ALL FEES OWED THE DEPARTMENT AS A RESULT OF A RETURNED CHECK, TO PROVIDE THAT
 THE DEPARTMENT MAY CHARGE A FEE SPECIFIED IN SECTION 34-11-70 TO COVER THE
 COSTS ASSOCIATED WITH THE COLLECTION OF FEES, TO PROVIDE THAT THESE PROVISIONS
 SHALL NOT INTERFERE WITH A BONA FIDE SALE OF A MOTOR VEHICLE BY A DEALER, TO
 PROVIDE THAT THE DEPARTMENT MAY CHARGE A PROCESSING FEE FOR THE USE OF CREDIT
 CARDS, AND TO PROVIDE THAT ALL PROCESSING FEES COLLECTED PURSUANT TO THIS
 ARTICLE MUST BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE
 DEPARTMENT TO DEFRAY ITS COSTS. - ratified title

   04/09/13  House  Introduced and read first time (House Journal-page 53)
   04/09/13  House  Referred to Committee on Education and Public
                     Works (House Journal-page 53)
   04/24/13  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 33)
   04/30/13  House  Amended (House Journal-page 49)
   04/30/13  House  Read second time (House Journal-page 49)
   04/30/13  House  Roll call Yeas-108  Nays-0 (House Journal-page 50)
   04/30/13  House  Reconsidered (House Journal-page 88)
   04/30/13  House  Amended (House Journal-page 88)
   04/30/13  House  Read second time (House Journal-page 88)
   04/30/13  House  Roll call Yeas-112  Nays-0 (House Journal-page 89)
   05/01/13  House  Read third time and sent to Senate
                     (House Journal-page 6)
   05/01/13  Senate Introduced and read first time (Senate Journal-page 4)
   05/01/13  Senate Referred to Committee on Transportation
                     (Senate Journal-page 4)
   05/16/13  Senate Committee report: Favorable Transportation
                     (Senate Journal-page 5)
   05/28/13  Senate Read second time (Senate Journal-page 14)
   05/28/13  Senate Roll call Ayes-32  Nays-0 (Senate Journal-page 14)
   05/29/13  Senate Read third time and enrolled (Senate Journal-page 37)
   06/04/13         Ratified R 72
   06/10/13         Vetoed by Governor
   06/18/13  House  Veto sustained Yeas-6  Nays-98

H. 3907

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.

(R72, H3907)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 1, TITLE 56 SO AS TO AUTHORIZE THE DEPARTMENT OF MOTOR VEHICLES TO ACCEPT UNCERTIFIED CHECKS FOR PAYMENT FOR PRODUCTS OR SERVICES ISSUED BY THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT MAY REFUSE TO PROVIDE A PERSON ANY PRODUCT OR SERVICE, EXCEPT AN IDENTIFICATION CARD, UNTIL THE PERSON HAS PAID ALL FEES OWED THE DEPARTMENT AS A RESULT OF A RETURNED CHECK, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE SPECIFIED IN SECTION 34-11-70 TO COVER THE COSTS ASSOCIATED WITH THE COLLECTION OF FEES, TO PROVIDE THAT THESE PROVISIONS SHALL NOT INTERFERE WITH A BONA FIDE SALE OF A MOTOR VEHICLE BY A DEALER, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A PROCESSING FEE FOR THE USE OF CREDIT CARDS, AND TO PROVIDE THAT ALL PROCESSING FEES COLLECTED PURSUANT TO THIS ARTICLE MUST BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY ITS COSTS.

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

Acceptable methods of payment for Department of Motor Vehicle services

SECTION    1.    Chapter 1, Title 56 of the 1976 Code is amended by adding:

Section 56-1-1210.    (A)    The Department of Motor Vehicles in its discretion may accept uncertified checks in payment for fees, taxes, and other charges for any product or service issued by the department.

(B)    In its discretion, the department may contract with banks or vendors to guarantee collection of funds paid by uncertified check.

Section 56-1-1220.    (A)    If a customer fails to properly remit full payment through noncertified funds for any product or service issued by the department, the department may take action on that customer at the discretion of its director. The department may refuse to provide that person any product or service issued by the department, including reinstatement or renewal of driving or registration privileges, until full payment for the product or service has been properly remitted by cash or certified funds. The person also shall pay to the department the fee specified in Section 34-11-70 to cover the processing costs associated with the collection of the fees. This subsection does not apply to the issuance of an identification card.

(B)    If the department, in the discretion of its director, chooses to enforce an action pursuant to subsection (A) of this section, the department may not take additional action, such as suspension, cancellation, or revocation of a license, privilege, registration, license plate, decal or credential, for the failure to properly remit fees. This shall not limit the department's ability to cancel, revoke or suspend a license, privilege, registration, license plate, decal or credential for another reason required by law. The department shall provide proper notice to the individual and upon written request, must make available to the individual the evidence of nonpayment upon which the department is basing its action. If the department cannot provide this evidence, then the department must remove the administrative stop from the customer's record.

(C)    Subsections (A) and (B) of this section shall not interfere with a bona fide sale of a motor vehicle by a dealer.

Section 56-1-1230.    The department may charge customers an additional processing fee for the use of credit cards, up to the actual cost incurred by the department.

Section 56-1-1240.    All processing fees collected pursuant to this article must be placed in a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 4th day of June, 2013.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2013.

___________________________________________

Governor