Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 2, 2023

S. 363

Introduced by Senators Rankin, Grooms and Verdin

 

S. Printed 05/02/23--H.

Read the first time February 16, 2023

 

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The committee on house Education and Public Works

To who was referred a Bill (S. 363) to amend the South Carolina Code of Laws by amending Section 56-5-4445, relating to the restriction of elevating or lowering a motor vehicle; so as to prohibit motor, etc., respectfully

Report:

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, SECTION 1, by striking Section 56-5-4445(B)(1) and inserting:

    (B)(1) It shall be unlawful for any person to drive a  passenger motor vehicle, including vehicles commonly referred to as pickup trucks, on the highways of this State if, by alteration of the suspension, frame, or chassis, the height of the front fender is raised or lowered four or more inches greater than the height of the rear fender.  For purposes of this subsection, the height of the fender shall be a vertical measurement from and perpendicular to the ground, through the centerline of the wheel, and to the bottom of the fender. As contained in this item, "fender" means the pressed and formed part mounted over the road wheels of a motor vehicle to reduce the splashing of mud, water, or similar substances.

Amend the bill further, by striking SECTION 2 and inserting:

SECTION 2.  This act takes effect one hundred eighty days after approval by the Governor. For a period of one hundred eighty days after the effective date of this act, only warning tickets may be issued for a violation of the provisions of this act.

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This bill prohibits any person from driving a passenger motor vehicle, including motor vehicles referred to as pickup trucks, on the highways of this State where the height of the front fender is raised or lowered four or more inches above or below the height of the rear fender by alteration of the suspension, frame, or chassis.  The amended bill also includes a definition of fender and the appropriate method of measurement for the purposes of the bill.  A person who violates the provisions of this bill is guilty of a misdemeanor and upon conviction must be fined as follows:

For a first offense, a fine of $100;

For a second offense, a fine of $200; and

For a third or subsequent offense, a fine of $300 and have his license suspended by DMV for twelve months from the date of conviction.

 

Only offenses that occur within five years of each other will constitute a prior offense within the provisions of this bill.  Additionally, the amended bill takes effect 180 days after approval of the Governor, and for a period of 180 days after the effective date, only warning tickets may be issued for a violation.

 

Department of Motor Vehicles.  DMV indicates that any expenses related to this bill can be managed within existing appropriations.  Therefore, the bill will have no expenditure impact on the agency.

 

Judicial.  This bill may increase the number of cases, or the duration of cases heard in court. Judicial intends to use existing General Fund resources to manage any modification in caseloads.  Therefore, this bill will have no expenditure impact for Judicial. 

 

State Revenue

This bill imposes new fines, which may result in an increase in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  However, data are unavailable to estimate the number of new offenses.   Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund and Other Funds revenue due to the increase in fines and fees collections in court.

 

Local Revenue

This bill imposes new fines, which may result in an increase in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in an undetermined impact to local revenue due to the increase in fines and fees collections in court.

Amended by Senate Transportation on January 19, 2023

State Expenditure

This bill prohibits any person from driving a passenger motor vehicle, including motor vehicles referred to as pickup trucks, on the highways of this State where the height of the front fender is raised or lowered four or more inches above or below the height of the rear fender by alteration of the suspension, frame, or chassis.  A person who violates the provisions of this bill is guilty of a misdemeanor and upon conviction must be fined as follows:

For a first offense, a fine of $100;

For a second offense, a fine of $200; and

For a third or subsequent offense, a fine of $300 and have his license suspended by DMV for twelve months from the date of conviction.

 

Only offenses that occur within five years of each other will constitute a prior offense within the provisions of this bill.

 

Department of Motor Vehicles.  DMV indicates that any expenses related to this bill can be managed within existing appropriations.  Therefore, the bill will have no expenditure impact on the agency.

 

Judicial.  This bill may increase the number of cases, or the duration of cases heard in court. Judicial intends to use existing General Fund resources to manage any modification in caseloads.  Therefore, this bill will have no expenditure impact for Judicial. 

 

State Revenue

This bill imposes new fines, which may result in an increase in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  However, data are unavailable to estimate the number of new offenses.   Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund and Other Funds revenue due to the increase in fines and fees collections in court.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-4445, RELATING TO the restriction of elevating or lowering a MOTOR VEHICLE; SO AS TO PROHIBIT MOTOR VEHICLE MODIFICATIONS THAT RESULT IN THE MOTOR VEHICLE'S FRONT FEnDER BEING RAISED FOUR OR MORE INCHES ABOVE THE HEIGHT OF THE REAR FENDER, TO PROVIDE FOR THE MANNER OF MEASURING the HEIGHT OF THE FRONT FENDER IN RELATION TO THE REAR FENDER, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

 

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

 

SECTION 1.  Section 56-5-4445 of the S.C. Code is amended to read:

 

    Section 56-5-4445. (A) It shall be unlawful for any person to drive a passenger motor vehicle on the highways of this State which has been elevated or lowered either in front or back, yet still leveled, more than six inches by a modification, alteration, or change in the physical structure of the vehicle.  Any person violating the provisions of this section shall be deemedis guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than fifty dollars.  Provided,  however, the provisions in this subsection shall not apply to motor vehicles commonly called referred to as "pickup trucks".

    (B)(1) A passenger motor vehicle, including vehicles commonly referred to as pickup trucks, shall not be operated upon the highways of this State if, by alteration of the suspension, frame, or chassis, the height of the front fender is four or more inches greater than the height of the rear fender.  For purposes of this subsection, the height of the fender shall be a vertical measurement from and perpendicular to the ground, through the centerline of the wheel, and to the bottom of the fender.

       (2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction:

           (a) for a first offense, shall be fined one hundred dollars;

           (b) for a second offense, shall be fined two hundred dollars; and

           (c) for a third or subsequent offense, shall be fined three hundred dollars and have his license suspended by the Department of Motor Vehicles for twelve months from the date of conviction.

       (3) Only offenses which occur within five years of each other, including and immediately preceding the date of the last offense, shall constitute a prior offense within the meaning of this subsection.

 

SECTION 2.  This act takes effect upon approval by the Governor. For a period of one hundred eighty days after the effective date of this act, only warning tickets may be issued for a violation of the provisions of this act.

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