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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-90 SO AS TO PROHIBIT A MUNICIPAL LAW ENFORCEMENT OFFICER FROM REQUIRING OR REQUESTING THAT A PERSON CHARGED BY THAT OFFICER WITH A TRAFFIC OFFENSE PROVIDE A SOCIAL SECURITY NUMBER; AND TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS, INCLUDING THE DEFINITION OF "DELINQUENT DEBT" FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT A DELINQUENT DEBT DOES NOT INCLUDE A FINE, ASSESSMENT, AND COSTS RESULTING FROM CONVICTION OF A TRAFFIC OFFENSE IN MUNICIPAL COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 56 of the 1976 Code is amended by adding:
"Section 56-7-90. A municipal law enforcement officer may not require or request a person he has charged with a traffic violation within the jurisdiction of municipal court to provide the person's social security number."
SECTION 2. Section 12-56-20(4) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(4) 'Delinquent debt' means a sum due and owing a claimant agency, including collection costs, court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made. It does not include sums owed to county hospitals when the hospital and the debtor have entered into a written payment agreement and the debtor is current in meeting the obligations of the agreement. 'Delinquent debt' also includes any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or other amount imposed by a court or as a direct consequence of a final court order which is received by or payable to the clerk of the appropriate court or treasurer of the entity where the court is located. Notwithstanding other provisions of this item, 'delinquent debt' does not include a fine, assessment, and costs imposed by a municipal court on a person convicted in that court of a traffic offense."
SECTION 3. This act takes effect upon approval by the Governor.
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