H*3117(Rat #0133, Act #0101 of 2001)  General Bill, By Kirsh, Witherspoon and 
Walker
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR
 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.-AMENDED TITLE

   12/13/00  House  Prefiled
   12/13/00  House  Referred to Committee on Education and Public Works
   01/09/01  House  Introduced and read first time HJ-54
   01/09/01  House  Referred to Committee on Education and Public
                     Works HJ-54
   04/17/01  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-8
   04/19/01  House  Amended HJ-34
   04/19/01  House  Read second time HJ-36
   04/19/01  House  Unanimous consent for third reading on next
                     legislative day HJ-36
   04/20/01  House  Read third time and sent to Senate HJ-2
   04/24/01  Senate Introduced, read first time, placed on calendar
                     without reference SJ-14
   05/03/01  Senate Amended SJ-20
   05/03/01  Senate Read second time SJ-20
   05/08/01  Senate Read third time and returned to House with
                     amendments SJ-9
   05/10/01  House  Non-concurrence in Senate amendment HJ-26
   05/16/01  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Gregory, Ryberg and
                     Short SJ-14
   05/16/01  House  Conference committee appointed Reps. Stuart,
                     Rodgers and J. Hines
   06/06/01  Senate Conference report received and adopted SJ-88
   06/06/01  House   Conference report received HJ-29
   06/06/01  House  Conference report adopted HJ-33
   06/06/01  House  Ordered enrolled for ratification HJ-36
   06/07/01         Ratified R 133
   08/09/01         Signed By Governor
   08/09/01         Effective date 10/01/01
   09/17/01         Copies available
   09/17/01         Act No. 101

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 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

SECTION 1. Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-2740. (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 56-1-460, 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 56-1-460, 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

SECTION 2. This act takes effect on October 1, 2001.

Ratified the 7th day of June, 2001.

Approved the 9th day of August, 2001.