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COMMITTEE REPORT
March 17, 2004
S. 798
S. Printed 3/17/04--S.
Read the first time January 13, 2004.
To whom was referred a Bill (S. 798) to amend the Code of Laws of South Carolina, 1976, to enact "Hatley's Law" by adding Section 56-5-2993 so as to provide that a person, 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 therein the following:
/ SECTION 1. Section 56-5-2942 is known and may be cited as "Hatley's Law."
SECTION 2. Section 56-5-2942, as added by Act No. 61 of 2003, is amended to read:
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, must not register a motor vehicle in his name solely or jointly and must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.
(C) Upon sentencing notification of a conviction, plea of guilty or nolo contendere in this State or any other state, for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized department must deny the registration of a motor vehicle or suspend the registration of all vehicles registered either solely or jointly to the person convicted.
(D) Upon notification by a court in this State or by any other state of a conviction, in this State or any other state, for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization or denial of registration is for a period of:
(1) thirty days for a second offense; or
(2) two years for a third or subsequent offense.
to take place during the driver's license suspension pursuant to a conviction for The period of immobilization or denial of registration begins on the date the person is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics. The department must maintain a record of all vehicles immobilized pursuant to this section.
(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of or pled guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1) he regularly drives the motor vehicle subject to immobilization;
(2) the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;
(3) no other vehicle is available for the use of the person;
(4) the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of or pled guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; and
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(G) The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.
(H) A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(I) A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) The court must assess Before a suspended registration or license plate may be reinstated, a fee of forty fifty dollars must be paid to the department for each motor vehicle owned by or registered to the person convicted, of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 that was immobilized. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles to defray expenses."
SECTION 3. Article 1, Chapter 21 of Title 50 of the 1976 Code is amended by adding:
"Section 50-21-118. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, must not register a water device in his name solely or jointly and must have all water devices owned by or registered to him immobilized if the person is a resident of this State, unless the water device has been confiscated.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the water device registration or certificate of number.
(C) Upon notification of a conviction, plea of guilty or nolo contendere in this State or any other state, for a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, the department must deny the registration of a water device or suspend the registration of all water devices registered either solely or jointly to the person convicted.
(D) Upon notification of a conviction, in this State or any other state, for a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, the department must require the person convicted to surrender all certificates of number or water device registrations subject to immobilization pursuant to this section. The immobilization or denial of registration is for a period of:
(1) thirty days for a second offense; or
(2) two years for a third or subsequent offense.
The period for denial or suspension of registration begins on the date the person is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics. The department must maintain a record of all vehicles immobilized pursuant to this section.
(E) An immobilized water device must be released to the holder of a bona fide lien on the water device when possession of the water device is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) Before a suspended water device registration or certificate of number may be reinstated, a fee of fifty dollars must be paid to the department for each water device that was immobilized. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the department to defray expenses."
SECTION 4. This act will become effective upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JOHN R. KUHN for Committee.
EXPLANATION OF IMPACT:
The Department of Motor Vehicle indicates there will be a one-time cost to other funds of $77,400 for information technology expenditures. Existing other funds revenue would be used to fund this cost unless the department is allowed to retain all or a portion of the reinstatement fee as specified in section 56-5-2993 (2).
SPECIAL NOTES:
Section 56-5-2993 (2) imposes a reinstatement fee but does not specify if these revenues are to be credited to the state general fund, or if they are to be retained by the department. In the absence of language specifically allowing the department to retain this revenue, or a portion thereof, it is assumed this revenue would be credited to the General Fund of the State.
The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.
Approved By:
Don Addy
Office of State Budget
REVENUE IMPACT 1/
This bill, as amended, is expected to raise Department of Motor Vehicle (DMV) restricted funds by $3,250 in FY 2004-05.
Explanation
This bill, as amended, would create Hatley's Law as a means to strengthen enforcement of certain violations of driving under the influence (DUI) for motor vehicles and water devices (BUI) in this State. Pleas of guilty, no contest, or conviction for a second or subsequent offense, or combination thereof, or any law prohibiting operation of vehicles and boats under influence of alcohol, drugs, or narcotics would require all vehicles owned solely or jointly by the violator to be "immobilized." Immobilization is defined as suspension and surrender of the vehicle registration and license plate or, for water devices, the registration or certificate of number. Effective on date of conviction, immobilization would be thirty days for a second offense, or two years for a third or subsequent offense. Courts must now assess a $40 fee for immobilization, which must be paid prior to reinstatement of a suspended registration, license plate, or boating certificate of number. Proceeds go to a restricted interest bearing account to defray DMV expenses. The bill, as amended, requires DMV to charge this fee and the amount is raised by $10 to $50.
Assessments of the current $40 fee commenced last month. Based on a DMV review of relevant DUI convictions in FY 2002-03, with allowances for timing delays for trial by jury, and offsets for violations by out-of-state drivers, non-licensed drivers, and drivers that do not own a vehicle, the BEA estimates approximately 325 immobilization fees would apply in FY 2004-05. Multiplying the increase of $10 by 325 convictions yields $3,250. This bill would therefore raise DMV restricted funds by $3,250 in FY 2004-05. The bill would have no impact on general fund revenue in FY 2004-05.
Approved By:
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY ADDING SECTION 56-5-2993 SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING WITH A SUSPENDED, CANCELLED, OR REVOKED DRIVER'S LICENSE MUST NOT BE ALLOWED TO REGISTER A MOTOR VEHICLE IN HIS NAME UNDER CERTAIN CIRCUMSTANCES, AND MUST PAY A MOTOR VEHICLE REINSTATEMENT FEE BEFORE HE MAY REGISTER A MOTOR VEHICLE IN HIS NAME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2993 is known and may be cited as "Hatley's Law."
SECTION 2. Article 23, Chapter 5, Title 56 is amended by adding:
"Section 56-5-2993. In addition to any other penalty imposed upon a person who is convicted of a third or subsequent violation of Section 56-5-2930, 56-5-2933, or Section 56-1-460, the person must:
(1) not be allowed to register a motor vehicle in his name during the period while his driver's license is under suspension; and
(2) pay a motor vehicle reinstatement fee of one hundred dollars to the department before he may register a motor vehicle in his name once his driver's license is reinstated."
SECTION 3. This act takes effect upon approval by the Governor.
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