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Indicates Matter Stricken
Indicates New Matter
April 17, 2001
S. Printed 4/17/01--H. [SEC 4/18/01 4:22 PM]
Read the first time January 9, 2001.
To whom was referred a Bill (H. 3117) 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, etc., respectfully
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. 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 treasurer 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. 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 magistrates 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 their 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 violation of this section, a fee of fifty dollars must be paid to the department. The Comptroller General shall place this fee into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."
SECTION 2. This act takes effect October 1, 2001. /
Amend title to conform.
RONALD P. TOWNSEND for Committee.
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 AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-2740. The Department of Public Safety shall suspend the driver's license and motor vehicle registration of a person upon a written or electronic notification from the county treasurer or municipal clerk treasurer stating that property taxes owed by the person on a motor vehicle have not been paid within the time limit prescribed by this article."
SECTION 2. Section 12-37-2675 of the 1976 Code, as added by Act 417 of 1994, is amended to read:
"Section 12-37-2675. If a license is transferred from one motor vehicle to another, no tax may be levied on the motor vehicle to which the license was transferred until the license expires if the title and registration to the vehicle from which the license was removed is transferred to a new owner."
SECTION 3. Section 56-3-1290 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-3-1290. The department, upon application and the payment of a fee of three dollars, shall transfer the license plate previously assigned to an owner or lessee for one vehicle to another vehicle of the same general type owned or leased by the same person if the title and registration to the vehicle from which the license was removed is transferred to a new owner. Fees paid pursuant to this section must be deposited in the state general fund."
SECTION 4. This act takes effect on the first day of the second month following approval by the Governor.
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