South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

R72, H3907

STATUS INFORMATION

General Bill
Sponsors: Reps. Willis, Owens, Stringer, Daning, Brannon, Rivers, Kennedy, King, Mitchell, Putnam, Wells and Wood
Document Path: l:\council\bills\swb\5154cm13.docx

Introduced in the House on April 9, 2013
Introduced in the Senate on May 1, 2013
Last Amended on April 30, 2013
Passed by the General Assembly on May 29, 2013
Governor's Action: June 10, 2013, Vetoed
Legislative veto action(s): Veto sustained

Summary: Department of Motor Vehicles

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    4/9/2013  House   Introduced and read first time (House Journal-page 53)
    4/9/2013  House   Referred to Committee on Education and Public Works 
                        (House Journal-page 53)
   4/24/2013  House   Committee report: Favorable with amendment Education and 
                        Public Works (House Journal-page 33)
   4/30/2013  House   Amended (House Journal-page 49)
   4/30/2013  House   Read second time (House Journal-page 49)
   4/30/2013  House   Roll call Yeas-108  Nays-0 (House Journal-page 50)
   4/30/2013  House   Reconsidered (House Journal-page 88)
   4/30/2013  House   Amended (House Journal-page 88)
   4/30/2013  House   Read second time (House Journal-page 88)
   4/30/2013  House   Roll call Yeas-112  Nays-0 (House Journal-page 89)
    5/1/2013  House   Read third time and sent to Senate (House Journal-page 6)
    5/1/2013  Senate  Introduced and read first time (Senate Journal-page 4)
    5/1/2013  Senate  Referred to Committee on Transportation 
                        (Senate Journal-page 4)
   5/16/2013  Senate  Committee report: Favorable Transportation 
                        (Senate Journal-page 5)
   5/28/2013  Senate  Read second time (Senate Journal-page 14)
   5/28/2013  Senate  Roll call Ayes-32  Nays-0 (Senate Journal-page 14)
   5/29/2013  Senate  Read third time and enrolled (Senate Journal-page 37)
    6/4/2013          Ratified R 72
   6/10/2013          Vetoed by Governor
   6/18/2013  House   Veto sustained Yeas-6  Nays-98

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/9/2013
4/24/2013
4/30/2013
5/16/2013

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R72, H3907)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 1, TITLE 56 SO AS TO AUTHORIZE THE DEPARTMENT OF MOTOR VEHICLES TO ACCEPT UNCERTIFIED CHECKS FOR PAYMENT FOR PRODUCTS OR SERVICES ISSUED BY THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT MAY REFUSE TO PROVIDE A PERSON ANY PRODUCT OR SERVICE, EXCEPT AN IDENTIFICATION CARD, UNTIL THE PERSON HAS PAID ALL FEES OWED THE DEPARTMENT AS A RESULT OF A RETURNED CHECK, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE SPECIFIED IN SECTION 34-11-70 TO COVER THE COSTS ASSOCIATED WITH THE COLLECTION OF FEES, TO PROVIDE THAT THESE PROVISIONS SHALL NOT INTERFERE WITH A BONA FIDE SALE OF A MOTOR VEHICLE BY A DEALER, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A PROCESSING FEE FOR THE USE OF CREDIT CARDS, AND TO PROVIDE THAT ALL PROCESSING FEES COLLECTED PURSUANT TO THIS ARTICLE MUST BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY ITS COSTS.

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

Acceptable methods of payment for Department of Motor Vehicle services

SECTION    1.    Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Article 6

Methods of Payment for Department of Motor Vehicle Services

Section 56-1-1210.    (A)    The Department of Motor Vehicles in its discretion may accept uncertified checks in payment for fees, taxes, and other charges for any product or service issued by the department.

(B)    In its discretion, the department may contract with banks or vendors to guarantee collection of funds paid by uncertified check.

Section 56-1-1220.    (A)    If a customer fails to properly remit full payment through noncertified funds for any product or service issued by the department, the department may take action on that customer at the discretion of its director. The department may refuse to provide that person any product or service issued by the department, including reinstatement or renewal of driving or registration privileges, until full payment for the product or service has been properly remitted by cash or certified funds. The person also shall pay to the department the fee specified in Section 34-11-70 to cover the processing costs associated with the collection of the fees. This subsection does not apply to the issuance of an identification card.

(B)    If the department, in the discretion of its director, chooses to enforce an action pursuant to subsection (A) of this section, the department may not take additional action, such as suspension, cancellation, or revocation of a license, privilege, registration, license plate, decal or credential, for the failure to properly remit fees. This shall not limit the department's ability to cancel, revoke or suspend a license, privilege, registration, license plate, decal or credential for another reason required by law. The department shall provide proper notice to the individual and upon written request, must make available to the individual the evidence of nonpayment upon which the department is basing its action. If the department cannot provide this evidence, then the department must remove the administrative stop from the customer's record.

(C)    Subsections (A) and (B) of this section shall not interfere with a bona fide sale of a motor vehicle by a dealer.

Section 56-1-1230.    The department may charge customers an additional processing fee for the use of credit cards, up to the actual cost incurred by the department.

Section 56-1-1240.    All processing fees collected pursuant to this article must be placed in a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles."

Time effective

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

Ratified the 4th day of June, 2013.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2013.

___________________________________________

Governor

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This web page was last updated on June 18, 2013 at 7:35 PM