South Carolina General Assembly
117th Session, 2007-2008
A283, R338, S88
STATUS INFORMATION
General Bill
Sponsors: Senators Campsen, Sheheen and Knotts
Document Path: l:\council\bills\ms\7040ahb07.doc
Introduced in the Senate on January 9, 2007
Introduced in the House on March 25, 2008
Last Amended on May 28, 2008
Passed by the General Assembly on June 3, 2008
Governor's Action: June 11, 2008, Signed
Summary: Misdemeanor traffic violations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
11/29/2006 Senate Prefiled
11/29/2006 Senate Referred to Committee on Judiciary
1/9/2007 Senate Introduced and read first time SJ65
1/9/2007 Senate Referred to Committee on Judiciary SJ65
1/17/2007 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts, Bryant
3/12/2008 Senate Committee report: Favorable with amendment Judiciary SJ8
3/13/2008 Senate Committee Amendment Adopted SJ10
3/13/2008 Senate Read second time SJ10
3/17/2008 Scrivener's error corrected
3/18/2008 Senate Read third time and sent to House SJ25
3/25/2008 House Introduced and read first time HJ12
3/25/2008 House Referred to Committee on Judiciary HJ12
5/21/2008 House Committee report: Favorable with amendment Judiciary HJ210
5/28/2008 House Amended HJ64
5/28/2008 House Read second time HJ65
5/29/2008 House Read third time and returned to Senate with amendments HJ11
6/3/2008 Senate Concurred in House amendment and enrolled SJ49
6/5/2008 Ratified R 338
6/11/2008 Signed By Governor
6/17/2008 Copies available
6/17/2008 Effective date 06/11/08
6/19/2008 Act No.283
VERSIONS OF THIS BILL
11/29/2006
3/12/2008
3/13/2008
3/17/2008
5/21/2008
5/28/2008
(A283, R338, S88)
AN ACT TO AMEND SECTIONS 141207 AND 141208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; TO AMEND SECTION 141211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND BY ADDING SECTION 56-5-2600 SO AS TO PROHIBIT A LOCAL GOVERNING BODY FROM INCREASING A FINE OF A PARKING VIOLATION BEFORE THIRTY DAYS.
Be it enacted by the General Assembly of the State of South Carolina:
Parking violations, assessment exceptions
SECTION 1. Section 141207(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
“(A) A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrates court must pay an amount equal to one hundred percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22170 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended. The assessment may not be imposed on convictions for violations of Sections 5631970, 5652510, and 5652530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons.”
Parking violations, assessment exceptions
SECTION 2. Section 141208(A) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
“(A) A person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to one hundred percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended. The assessment may not be imposed on convictions for violations of Sections 5631970, 5652510, and 5652530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons.”
Parking violations, assessment exceptions
SECTION 3. Section 141211(A)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
“(1) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twentyfive dollar surcharge is imposed on all convictions obtained in magistrates and municipal courts in this State. The surcharge may not be imposed on convictions for misdemeanor traffic offenses including, but not limited to, violations of Sections 5631970, 5652510, and 5652530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons. However, the surcharge applies to all violations of Section 5652930 and Section 5652933. No portion of the surcharge may be waived, reduced, or suspended.”
Parking violations, thirty-day grace period
SECTION 4. Article 19, Chapter 5, Title 56 of the 1976 Code is amended by adding:
“Section 5652600. A local governing authority that has issued a citation to a person who violates a provision that regulates the parking of vehicles shall allow the person thirty days to pay the original fine assessed before the local governing authority may increase the fine by any amount.”
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
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