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COMMITTEE REPORT
May 15, 2002
H. 3905
Introduced by Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon
S. Printed 5/15/02--S.
Read the first time April 30, 2002.
To whom was referred a Bill (H. 3905) to amend the Code of Laws of South Carolina, 1976, by adding Section 14-1-214 so as to authorize the payment of fines, fees, assessments, etc., respectfully
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, page 1, line 27, in Section 14-1-214(A), as contained in SECTION 1, by striking line 27 and inserting therein the following:
/ municipal court judges may: /.
Amend the bill further, as and if amended, page 2, line 10, in Section 14-1-214(D), as contained in SECTION 1, by striking line 10 and inserting therein the following:
/ who accepts payment by credit card or debit card pursuant to this section may refuse acceptance of credit or debit cards of an individual if: /.
Renumber sections to conform.
Amend title to conform.
SCOTT H. RICHARDSON for Committee.
EXPLANATION OF IMPACT:
There would be no fiscal impact on the General Fund of the State or federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
There would be no fiscal impact on the local governments. Fees collected would offset any costs.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 14-1-214. (A) Clerks of court, magistrates, and municipal court judges are authorized to:
(1) accept payment by credit card or debit card of a fine, fee, assessment, court cost or other surcharge; and
(2) impose a fee for processing payment by credit card. Notwithstanding fees imposed by other provisions of law, the clerk of court, magistrate, and municipal court judge must impose a separate fee on the person making a payment by credit card that wholly offsets the amount of administrative fees charged to the court.
(B) If a payment by credit card is not honored by the credit card company on which the funds are drawn:
(1) the court may collect a service charge from the person who owes the fine, fee, assessment, court cost, or other surcharge. The service charge is an addition to the original fine, fee, assessment, court cost, or other surcharge and is for the collection of that original amount. The amount of the service charge must be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds; and
(2) the underlying obligation survives and the state or local government retains all remedies for enforcement which would have applied if the credit card transaction had not occurred.
(C) The court collecting a fee or service charge pursuant to this section must deposit the credit card fee or service charge in the general fund of the court's respective governmental unit.
(D) The clerk of court, magistrate, or municipal court judge may refuse acceptance of credit or debit cards of an individual if:
(1) the individual has been convicted of a violation of Chapter 14 of Title 16;
(2) the individual has previously tendered to the court a credit or debit card or credit or debit card information which did not ultimately result in payment by the credit or debit card issuer;
(3) the bank or credit card issuer does not authorize payment; or
(4) the validity of the credit or debit card is not verifiable."
SECTION 2. This act takes effect July 1, 2002, and applies to the payment of fines, fees, assessments, court costs, and surcharges made on or after that date.
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