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Bill 35

                    Current Status

Bill Number:                      35
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010110
Primary Sponsor:                  Elliott
All Sponsors:                     Elliott, Ford, Branton
Drafted Document Number:          l:\council\bills\bbm\9755htc01.doc
Companion Bill Number:            3117
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Date of Last Amendment:           20010328
Subject:                          Motor vehicle property taxes, delinquent; 
                                  drivers license and registration suspension; 
                                  transfer of license plate


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010410  Introduced, read first time,           30 HWM
                  referred to Committee
Senate  20010405  Read third time, sent to House
Senate  20010328  Read second time, notice of
                  general amendments
Senate  20010328  Committee amendment amended
                  and adopted
------  20010328  Scrivener's error corrected
Senate  20010327  Committee report: Favorable with       06 SF
                  amendment
------  20010112  Companion Bill No. 3117
Senate  20010110  Introduced, read first time,           06 SF
                  referred to Committee


              Versions of This Bill
Revised on March 27, 2001 - Word format
Revised on March 28, 2001 - Word format
Revised on March 28, 2001-A - Word format

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT AMENDED AND ADOPTED

March 28, 2001

    S. 35

S. Printed 3/28/01--S.

Read the first time January 10, 2001.

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.

    Amend Title To Conform

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.    (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 shall be developed by the county treasurers 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 shall allow 30 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 will not require proof of financial responsibility. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:

        (1)    For a first offense under this section, the penalty shall be 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 shall not exceed the general criminal jurisdiction of a magistrate's 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 a violation of this section, a fee of thirty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year."

SECTION    2.    This act takes effect on October 1, 2001.

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