South Carolina General Assembly
116th Session, 2005-2006
A267, R287, H3735
STATUS INFORMATION
General Bill
Sponsors: Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon
Document Path: l:\council\bills\swb\6383cm05.doc
Companion/Similar bill(s): 614
Introduced in the House on March 10, 2005
Introduced in the Senate on April 18, 2005
Last Amended on April 13, 2006
Passed by the General Assembly on April 25, 2006
Governor's Action: May 2, 2006, Signed
Summary: Failure to pay toll
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
3/10/2005 House Introduced and read first time HJ8
3/10/2005 House Referred to Committee on Education and Public Works HJ8
4/7/2005 House Committee report: Favorable Education and Public Works HJ29
4/13/2005 House Debate adjourned until Thursday, April 14, 2005 HJ69
4/14/2005 House Read second time HJ18
4/14/2005 House Unanimous consent for third reading on next legislative day HJ20
4/15/2005 House Read third time and sent to Senate HJ1
4/18/2005 Senate Introduced and read first time SJ21
4/18/2005 Senate Referred to Committee on Transportation SJ21
4/5/2006 Senate Committee report: Favorable with amendment Transportation SJ23
4/6/2006 Senate Amended SJ32
4/6/2006 Senate Read second time SJ32
4/13/2006 Senate Amended SJ5
4/13/2006 Senate Read third time and returned to House with amendments SJ5
4/17/2006 Scrivener's error corrected
4/20/2006 House Debate adjourned until Tuesday, April 25, 2006 HJ67
4/25/2006 House Concurred in Senate amendment and enrolled HJ146
4/27/2006 Ratified R 287
5/2/2006 Signed By Governor
5/4/2006 Copies available
5/4/2006 Effective date 02/02/07
5/9/2006 Act No.267
VERSIONS OF THIS BILL
3/10/2005
4/7/2005
4/5/2006
4/6/2006
4/13/2006
4/17/2006
(A267, R287, H3735)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5631335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE’S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, AND TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; AND TO AMEND SECTION 5751495, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE’S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE’S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, TO PROVIDE THAT A “FAILURE TO PAY A TOLL” CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION, AND TO PROVIDE THAT THE NOTICES THAT ARE ISSUED PURSUANT TO THIS SECTION MUST CONTAIN INFORMATION THAT ADVISES A PERSON THAT FAILURE TO PAY A TOLL MAY RESULT IN THE SUSPENSION OF A VEHICLE REGISTRATION.
Be it enacted by the General Assembly of the State of South Carolina:
Suspension of a vehicle’s registration for failure to pay a toll
SECTION 1. Article 9, Chapter 3, Title 56 of the 1976 Code is amended by adding:
“Section 5631335. The Department of Motor Vehicles shall suspend a motor vehicle’s current registration and shall not register or reregister a motor vehicle that was operated when its driver failed to pay a toll and whose owner has an outstanding judgment for failure to pay a toll pursuant to Section 5751495(E) entered against him. The suspension or denial of registration or reregistration shall remain in effect until the judgment is satisfied, evidence of the satisfaction has been provided to the Department of Motor Vehicles, and a reinstatement fee of fifty dollars has been paid. The reinstatement fee collected must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the costs associated with this section.”
Suspension of a vehicle’s registration for failure to pay a toll
SECTION 2. Section 5751495(E) of the 1976 Code is amended to read:
“(E) Upon failure to pay the required toll and administrative fees to the department within thirty days of the notice, the owner or operator may be cited for failure to pay a toll pursuant to this subsection and, upon an adjudication of liability, is subject to a civil penalty not to exceed fifty dollars for each violation as contained in subsection (F). Upon an adjudication of liability, a judgment must be entered against the owner or operator, and the court must mail a copy of the judgment to the owner or operator. Upon failure to satisfy the judgment within thirty days, the court shall notify the Department of Motor Vehicles and the authorized agent, and the department shall suspend the registration of the vehicle that was operated when the toll was not paid and deny the vehicle’s registration or reregistration pursuant to Section 5631335. The suspension shall remain in effect until the judgment is satisfied and evidence of its satisfaction has been presented to the Department of Motor Vehicles and the authorized agent. An owner or operator who has been convicted of a violation of Section 5751490 is not liable for the penalty imposed by this subsection.”
Failure to pay a toll citation
SECTION 3. Section 5751495(G)(3) of the 1976 Code is amended to read:
“(3) a ‘Failure to Pay a Toll’ citation to the owner or operator of a vehicle which is identified as having been involved in a third toll violation in a twelvemonth period, or who has failed to respond to the second notice within the required time period. The citation requires payment to the department of the unpaid tolls, plus an administrative fee of not more than twentyfive dollars for each violation, within thirty days, or the recipient’s appearance in magistrate’s court of the county in which the violation occurred or the municipal court of the city in which the violation has occurred to contest the citation. A ‘Failure to Pay a Toll’ citation constitutes the summons and complaint for an action to recover the toll and all applicable fees allowed pursuant to this section; and”
Contents of a failure to pay a toll citation
SECTION 4. Section 5751495(G)(5) of the 1976 Code is amended to read:
“(5) the notices and citation required by this subsection must contain the following information:
(a) the name and address of the person or entity alleged to be liable for a failure to pay a toll pursuant to this section;
(b) the registration number of the vehicle involved in the toll violation;
(c) the location where the toll violation took place;
(d) the date and time of the toll violation;
(e) the identification number of the photomonitoring system which recorded the violation or other document locator number;
(f) information advising of the manner and time in which liability may be contested;
(g) warning advising that failure to contest liability in the manner and time provided in this section is an admission of liability; and
(h) information advising that failure to pay a toll may result in the suspension of vehicle registration.”
Time effective
SECTION 5. This act takes effect nine months after its approval by the Governor.
Ratified the 27th day of April, 2006.
Approved the 2nd day of May, 2006.
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