2009-2010 Bill 456: DMV - South Carolina Legislature Online

1 South Carolina General Assembly 2 118th Session, 2009-2010 3 4 S. 456 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Sheheen, Land, Grooms and Campbell 10 Document Path: l:\council\bills\ms\7216cm09.docx 11 Companion/Similar bill(s): 3530 12 13 Introduced in the Senate on February 19, 2009 14 Currently residing in the Senate 15 16 Summary: DMV 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 2/19/2009 Senate Introduced and read first time SJ7 23 2/19/2009 Senate Referred to Committee on Transportation SJ7 24 3/10/2009 Senate Committee report: Favorable Transportation SJ19 25 26 27 VERSIONS OF THIS BILL 28 29 2/19/2009 30 3/10/2009 31 1 COMMITTEE REPORT 2 March 10, 2009 3 4 S. 456 5 6 Introduced by Senators Sheheen, Land, Grooms and Campbell 7 8 S. Printed 3/10/09--S. 9 Read the first time February 19, 2009. 10 11 12 THE COMMITTEE ON TRANSPORTATION 13 To whom was referred a Bill (S. 456) to amend the Code of 14 Laws of South Carolina, 1976, by adding Section 5615361 so as to 15 provide that the Department of Motor Vehicles may impose and 16 collect an administrative fine, etc., respectfully 17 REPORT: 18 That they have duly and carefully considered the same and 19 recommend that the same do pass: 20 21 LAWRENCE K. GROOMS for Committee. 22

[456-2] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 5615361 SO AS TO PROVIDE 13 THAT THE DEPARTMENT OF MOTOR VEHICLES MAY 14 IMPOSE AND COLLECT AN ADMINISTRATIVE FINE 15 AGAINST LICENSED MOTOR VEHICLE DEALERS WHO 16 VIOLATE CERTAIN PROVISIONS OF LAW, AND PROVIDE 17 THAT THE DEPARTMENT SHALL EMPLOY THE STAFF 18 NECESSARY TO ENFORCE THE PROVISIONS CONTAINED 19 IN THIS SECTION. 20 21 Be it enacted by the General Assembly of the State of South 22 Carolina: 23 24 SECTION 1. Article 3, Chapter 15, Title 56 of the 1976 Code is 25 amended by adding: 26 27 “Section 5615361. (A) The department may impose and collect 28 an administrative fine of not more than one thousand dollars for 29 each violation against a licensed motor vehicle dealer if it finds 30 that the motor vehicle dealer has violated a provision contain in 31 Sections 162120, 563110, 563210, 5632320, 5615310, 5615320, 32 5615330, 5615340, 5615350, 5619240, 5619360, 5619370, or 33 5619490. Instead of the penalties provided for in Section 34 5615350, the department may impose and collect an administrative 35 fine of not more than one thousand dollars for a violation of that 36 provision. A licensee is entitled to a hearing pursuant to the 37 Administrative Procedures Act if the licensee contests a fine, 38 suspension, or revocation imposed upon him. The department 39 shall notify the licensee in writing of the administrative fine and 40 his entitlement to a hearing pursuant to the Administrative 41 Procedures Act. The notice must be given by the department by 42 depositing it in the United States mail with postage prepaid to the

[456] 3 1 mailing address provided in his application. The giving of notice 2 by mail is complete ten days after the deposit of the notice. A 3 certificate by the director of the department, or his designee, that 4 the notice has been sent, as required in this section, is presumptive 5 proof that the requirements as to notice of the administrative fine 6 have been met even if the notice has not been received by the 7 addressee. It is a violation of this section if the administrative fine 8 imposed pursuant to this section is not paid within fortyfive days 9 of the department’s notice or final disposition of a hearing, 10 whichever is later. 11 (B) The department may impose and collect an administrative 12 fine of not more than nine thousand dollars against a person or 13 business for each vehicle sold without a license required by this 14 chapter. The person or business is entitled to a hearing pursuant to 15 the Administrative Procedures Act if the person or business 16 contests an imposed fine. The department shall notify the person 17 or business in writing of the administrative fine and the entitlement 18 to a hearing pursuant to the Administrative Procedures Act. The 19 notice must be given by the department by depositing the notice in 20 the United States mail with postage prepaid to the mailing address 21 contained in the department’s records. The giving of notice by 22 mail is complete ten days after the deposit of the notice. A 23 certificate by the director of the department, or his designee, that 24 the notice has been sent as required in this section is presumptive 25 proof that the requirements as to notice of the administrative fine 26 have been met even if the notice has not been received by the 27 addressee. If the administrative fine imposed pursuant to this 28 section is not paid or a hearing is not requested within fortyfive 29 days of the department’s notice, the department may take action 30 against the person or owners of the business pursuant to Section 31 561285 or through other lawful means. 32 (C) The department shall employ investigators, officers, agents, 33 and employees to enforce the provision contained in this chapter 34 and other related laws. The department shall develop a schedule of 35 penalties for first and subsequent violations contained in this 36 section. The fines collected pursuant to this section must be placed 37 in a special restricted account by the Comptroller General to be 38 used to defray the investigative, enforcement, and regulatory 39 expenses of its dealer licensing and audit unit.” 40 41 SECTION 2. This act takes effect upon approval by the 42 Governor. 43 XX

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