Bill 4388

                    Current Status

Introducing Body:               House
Bill Number:                    4388
Primary Sponsor:                G. Bailey
Type of Legislation:            GB
Subject:                        Motor vehicles, weight loads
Residing Body:                  House
Computer Document Number:       DKA/3637.AL
Introduced Date:                Feb 11, 1992
Last History Body:              House
Last History Date:              May 06, 1992
Last History Type:              Objection by Representative
Scope of Legislation:           Statewide
All Sponsors:                   G. Bailey
                                A. Young
                                Wofford
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4388  House   May 06, 1992  Objection by Representative
 4388  House   Apr 22, 1992  Recalled from Committee         21
 4388  House   Feb 11, 1992  Introduced, read first time,    21
                             referred to Committee

Indicates Matter Stricken
Indicates New Matter

RECALLED

April 22, 1992

H. 4388

Introduced by REPS. G. Bailey, A. Young and Wofford

S. Printed 4/22/92--H.

Read the first time Febuary 11, 1991.

A BILL

TO AMEND SECTION 56-5-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEIGHING VEHICLES AND LOADS, SO AS TO PROVIDE THAT FIFTY PERCENT OF THE FINES COLLECTED FOR VIOLATION OF WEIGHT LOADS MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY IN WHICH THE CITATION WAS ISSUED.

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

SECTION 1. Section 56-5-4160(E) of the 1976 Code is amended to read:

"(E) Magistrates have jurisdiction of violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department by the magistrate within forty-five days for deposit in the state highway fund. Of the monies collected pursuant to subsection (B), fifty percent must be remitted to the county treasurer of the county in which the citation was issued. The remaining money must be used by the department shall use this money for upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities and any other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or anyone else the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.

`Conviction' as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendants defendant's presence in court. If the fine is not paid in full to the department within forty-five days after conviction, the license and registration of the vehicle found to exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicle immediately shall return the license and registration of the vehicle to the department. If a person fails to return them as provided in this section, the department may secure possession of them by a commissioned trooper. The suspension continues until the fine is paid in full."

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