South Carolina General Assembly
114th Session, 2001-2002

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Bill 3591


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3591
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010215
Primary Sponsor:                  White
All Sponsors:                     White, J. Brown, Coates, Cooper, Hinson, 
                                  Law, Limehouse, Littlejohn, Martin, McGee, 
                                  Meacham-Richardson, Riser, Rodgers, Sandifer, 
                                  Trotter and A. Young
Drafted Document Number:          l:\council\bills\ggs\22850cm01.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Motor vehicle drivers' licenses, 
                                  suspension; reinstatement fee increased, 
                                  disposition of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010425  Referred to Committee                  30 HWM
------  20010423  Scrivener's error corrected
House   20010419  Committee report: Favorable with       21 HEPW
                  amendment
House   20010215  Introduced, read first time,           21 HEPW
                  referred to Committee


              Versions of This Bill
Revised on April 19, 2001 - Word format
Revised on April 23, 2001 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 19, 2001

    H. 3591

Introduced by Reps. White, J. Brown, Coates, Cooper, Hinson, Law, Limehouse, Littlejohn, Martin, McGee, Meacham-Richardson, Riser, Rodgers, Sandifer, Trotter and A. Young

S. Printed 4/19/01--H.    [SEC 4/23/01 3:12 PM]

Read the first time February 15, 2001.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

    To whom was referred a Bill (H. 3591) to amend Section 56-1-390, as amended, Code of Laws of South Carolina, 1976, relating to the fee for reinstatement of a driver's license, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    / SECTION    1.    Section 56-1-390 of the 1976 Code, as last amended by Section 104, Part II, Act 100 of 1999, is further amended to read:

    "Section 56-1-390.    (1)    Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty one hundred dollars for each suspension on his driving record that has not been reinstated. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error.

        (2)    All The fees collected by the department under this provision must be distributed as follows: sixty-six dollars must be placed by the Comptroller General into a restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles, twenty-nine dollars placed in the state general fund, except and one dollar five dollars of the fees listed in subsection (1) must be credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. Four dollars of each fee collected under this provision that is placed in the 'Keep South Carolina Beautiful Fund' must be used to remove litter from roads and highways or to promote anti-litter programs, or both. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."

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

    Amend title to conform.

RONALD P. TOWNSEND for Committee.

            

A BILL

TO AMEND SECTION 56-1-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, AND THE DISPOSITION OF THE FEE, SO AS TO INCREASE THE AMOUNT OF THE FEE, PROVIDE THAT THE FEE MUST BE PAID FOR EACH SUSPENSION ON A PERSON'S DRIVING RECORD THAT HAS NOT BEEN REINSTATED, AND TO REVISE THE DISTRIBUTION OF THE FEE.

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

SECTION    1.    Section 56-1-390 of the 1976 Code, as last amended by Section 104, Part II, Act 100 of 1999, is further amended to read:

    "Section 56-1-390.    (1)    Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty one hundred dollars for each suspension on his driving record that has not been reinstated. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error.

        (2)    All The fees collected by the department under this provision must be distributed as follows: seventy dollars credited to the department, twenty-nine dollars placed in the state general fund, except and one dollar of the fees listed in subsection (1) must be credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."

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

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