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3117Ratification Number: 133Act Number: 101Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010109Primary Sponsor: KirshAll Sponsors: Kirsh, Witherspoon, WalkerDrafted Document Number: l:\council\bills\skb\18048htc01.docCompanion Bill Number: 35Date Bill Passed both Bodies: 20010606Date of Last Amendment: 20010606Governor's Action: SDate of Governor's Action: 20010809Subject: Motor vehicle property taxes, delinquent; drivers license and registration suspension; transfer of license platesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010918 Act No. A101 ------ 20010809 Signed by Governor ------ 20010607 Ratified R133 House 20010606 Ordered enrolled for ratification Senate 20010606 Conference Committee Report adopted 88 SCC House 20010606 Conference Committee Report adopted 98 HCC House 20010516 Conference powers granted, 98 HCC Stuart appointed Reps. to Committee of Rodgers Conference J. Hines Senate 20010516 Conference powers granted, 88 SCC Ryberg appointed Senators to Committee Gregory of Conference Short Senate 20010516 Insists upon amendment House 20010510 Non-concurrence in Senate amendment Senate 20010508 Read third time, returned to House with amendment Senate 20010503 Amended, read second time Senate 20010424 Introduced, read first time, placed on Calendar without reference House 20010420 Read third time, sent to Senate House 20010419 Amended, read second time, unanimous consent for third reading on Friday, 20010420 ------ 20010418 Scrivener's error corrected House 20010417 Committee report: Favorable with 21 HEPW amendment ------ 20010112 Companion Bill No. 35 House 20010109 Introduced, read first time, 21 HEPW referred to Committee House 20001213 Prefiled, referred to Committee 21 HEPW Versions of This Bill Revised on April 17, 2001 - Word format Revised on April 18, 2001 - Word format Revised on April 19, 2001 - Word format Revised on April 24, 2001 - Word format Revised on May 3, 2001 - Word format Revised on June 6, 2001 - Word format
(A101, R133, H3117)
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."
SECTION 2. This act takes effect on October 1, 2001.
Ratified the 7th day of June, 2001.
Approved the 9th day of August, 2001.
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