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H*3735 Session 116 (2005-2006)
H*3735(Rat #0287, Act #0267 of 2006) General Bill, By Vaughn, Cato, Haskins,
Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham,
Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin,
Merrill, Perry, Tripp, Umphlett and Witherspoon
Similar(S 614)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND
A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT
WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN
OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, AND TO
PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS
ASSOCIATED WITH THIS SECTION; AND TO AMEND SECTION 57-5-1495, RELATING TO THE
COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY
FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE
VEHICLE'S  OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED
WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF
MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE
VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S
REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE
PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, TO PROVIDE THAT A
"FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN
ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS
SECTION, AND TO PROVIDE THAT THE NOTICES THAT ARE ISSUED PURSUANT TO THIS
SECTION MUST CONTAIN INFORMATION THAT ADVISES A PERSON THAT FAILURE TO PAY A
TOLL MAY RESULT IN THE SUSPENSION OF A VEHICLE REGISTRATION. - ratified title
03/10/05 House Introduced and read first time HJ-8
03/10/05 House Referred to Committee on Education and Public
Works HJ-8
04/07/05 House Committee report: Favorable Education and Public
Works HJ-29
04/13/05 House Debate adjourned until Thursday, April 14, 2005 HJ-69
04/14/05 House Read second time HJ-18
04/14/05 House Unanimous consent for third reading on next
legislative day HJ-20
04/15/05 House Read third time and sent to Senate HJ-1
04/18/05 Senate Introduced and read first time SJ-21
04/18/05 Senate Referred to Committee on Transportation SJ-21
04/05/06 Senate Committee report: Favorable with amendment
Transportation SJ-23
04/06/06 Senate Amended SJ-32
04/06/06 Senate Read second time SJ-32
04/13/06 Senate Amended SJ-5
04/13/06 Senate Read third time and returned to House with
amendments SJ-5
04/17/06 Scrivener's error corrected
04/20/06 House Debate adjourned until Tuesday, April 25, 2006 HJ-67
04/25/06 House Concurred in Senate amendment and enrolled HJ-146
04/27/06 Ratified R 287
05/02/06 Signed By Governor
05/04/06 Copies available
05/04/06 Effective date 02/02/07
05/09/06 Act No. 267
H. 3735
(A267, R287, H3735)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, AND TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; AND TO AMEND SECTION 57-5-1495, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION, AND TO PROVIDE THAT THE NOTICES THAT ARE ISSUED PURSUANT TO THIS SECTION MUST CONTAIN INFORMATION THAT ADVISES A PERSON THAT FAILURE TO PAY A TOLL MAY RESULT IN THE SUSPENSION OF A VEHICLE REGISTRATION.
Be it enacted by the General Assembly of the State of South Carolina:
Suspension of a vehicle's registration for failure to pay a toll
SECTION 1. Article 9, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1335. The Department of Motor Vehicles shall suspend a motor vehicle's current registration and shall not register or reregister a motor vehicle that was operated when its driver failed to pay a toll and whose owner has an outstanding judgment for failure to pay a toll pursuant to Section 57-5-1495(E) entered against him. The suspension or denial of registration or reregistration shall remain in effect until the judgment is satisfied, evidence of the satisfaction has been provided to the Department of Motor Vehicles, and a reinstatement fee of fifty dollars has been paid. The reinstatement fee collected must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the costs associated with this section."
Suspension of a vehicle's registration for failure to pay a toll
SECTION 2. Section 57-5-1495(E) of the 1976 Code is amended to read:
"(E) Upon failure to pay the required toll 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 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. Upon failure to satisfy the judgment within thirty days, the court shall notify the Department of Motor Vehicles and the authorized agent, and the department shall suspend the registration of the vehicle that was operated when the toll 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 presented to the Department of Motor Vehicles and the authorized agent. 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."
Failure to pay a toll citation
SECTION 3. Section 57-5-1495(G)(3) of the 1976 Code is amended to read:
"(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 tolls, 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 and all applicable fees allowed pursuant to this section; and"
Contents of a failure to pay a toll citation
SECTION 4. Section 57-5-1495(G)(5) of the 1976 Code is amended to read:
"(5) the notices and citation required by this subsection must contain the following information:
(a) the name and address of the person or entity alleged to be liable for a failure to pay a toll 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;
(e) the identification number of the photo-monitoring system which recorded the violation or other document locator number;
(f) information advising of the manner and time in which liability may be contested;
(g) warning advising that failure to contest liability in the manner and time provided in this section is an admission of liability; and
(h) information advising that failure to pay a toll may result in the suspension of vehicle registration."
Time effective
SECTION 5. This act takes effect nine months after its approval by the Governor.
Ratified the 27th day of April, 2006.
Approved the 2nd day of May, 2006.
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