South Carolina 2025 2025-2026 Regular Session

South Carolina House Bill H3944 Introduced / Fiscal Note

Filed 03/05/2025

                    SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE 
S
TATEMENT OF ESTIMATED FISCAL IMPACT 
WWW.RFA.SC.GOV • (803)734-3793  
 
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of 
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. 
  
 
 
 
 
 
 
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H. 3944 
 
Fiscal Impact Summary 
This bill specifies that a motor vehicle that is primarily powered by an electric battery is allowed 
to exceed the gross, single axle, tandem axle, or bridge formula weight limits, including 
tolerances, by no more than 2,000 pounds each individually weighed, up to a maximum gross 
vehicle weight of 82,000 pounds. The bill further specifies that this provision also applies on the 
interstate as allowed by federal law. 
 
This bill will have no expenditure impact on the Department of Public Safety (DPS). The 
department indicates that it can manage the provisions of the bill with existing appropriations. 
 
This bill will have no expenditure impact on the Department of Motor Vehicles (DMV) since it 
does not operationally or fiscally impact the department. 
 
Judicial reports that while magistrates have jurisdiction over contested weight violations 
pursuant to Section 56-4-4160(F), this constitutes only a portion of the total number of weight 
violations, as many are resolved by paying the fine directly to DPS pursuant to Section 56-5-
4160(E). Judicial indicates that this bill may decrease the number of overall violations by 
creating this new exception but is unable to determine whether this bill will have any impact on 
circuit court caseloads because of the large portion of cases that are resolved out-of-court. 
However, Judicial does not anticipate any immediate cost savings. Judicial further anticipates 
that it can manage any expenses that may arise due to implementation of the bill within existing 
appropriations.  
 
This bill creates a new exception to the weight limits for motor vehicles primarily powered by an 
electric battery, which may reduce the number of contested weight violations. Pursuant to 
Sections 56-4-4160(F) and (K), all fines collected, including those collected in magistrate court, 
must be forwarded to DPS and deposited into the Size, Weight, and Safety Revitalization 
Program Fund for Permanent Improvements. However, based on information from DPS, the 
Revenue and Fiscal Affairs Office (RFA) anticipates that any reduction in the number of weight 
violations and fines due to this new exception will likely be negligible. 
 
Based on information from Judicial and Charleston, Chesterfield, Florence, and Horry counties, 
magistrates have jurisdiction over violations pursuant to this bill. RFA anticipates that the 
Bill Number: H. 3944  Introduced on Februar
y 11, 2025 
Subject: Motor Vehicles 
Requestor: House Education and Public Works 
RFA Anal
yst(s): Bryant 
Impact Date: March 5, 2025                                             
  
 
 
 
 
 
 
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H. 3944 
 
provisions of the bill can be managed within current resources. Therefore, the bill is not expected 
to have an expenditure impact on county governments. 
Explanation of Fiscal Impact 
Introduced on February 11, 2025 
State Expenditure 
This bill specifies that a motor vehicle that is primarily powered by an electric battery is allowed 
to exceed the gross, single axle, tandem axle, or bridge formula weight limits, including 
tolerances, by no more than 2,000 pounds each individually weighed, up to a maximum gross 
vehicle weight of 82,000 pounds. The bill further specifies that this provision also applies on the 
interstate as allowed by federal law. 
 
Department of Public Safety. This bill will have no expenditure impact on DPS. The 
department indicates that it can manage the provisions of the bill with existing appropriations. 
 
Department of Motor Vehicles. This bill will have no expenditure impact on DMV since the 
bill does not operationally or fiscally impact the department.  
 
Judicial. Judicial reports that while magistrates have jurisdiction over contested weight 
violations pursuant to Section 56-4-4160(F), this constitutes only a portion of the total number of 
weight violations, as many are resolved by paying the fine directly to DPS pursuant to Section 
56-5-4160(E). Judicial indicates that this bill may decrease the number of overall violations by 
creating this new exception but is unable to determine whether this bill will have any impact on 
summary court caseloads because of the large portion of cases that are resolved out-of-court. 
However, Judicial does not anticipate any immediate cost savings. Judicial also anticipates that it 
can manage any expenses that may arise due to implementation of the bill within existing 
appropriations. 
 
State Revenue 
This bill creates a new exception to the weight limits for motor vehicles primarily powered by an 
electric battery, which may reduce the number of contested weight violations. Pursuant to 
Sections 56-4-4160(F) and (K), all fines collected, including those collected in magistrate court, 
must be forwarded to DPS and deposited into the Size, Weight, and Safety Revitalization 
Program Fund for Permanent Improvements. However, based on information from DPS, RFA 
anticipates that any reduction in the number of weight violations and fines due to this new 
exception will likely be negligible. 
 
Local Expenditure 
This bill amends Section 56-5-4160, relating to vehicle weights and their loads, unloading their 
excess weight, and penalties, so as to provide maximum weights for electric battery powered 
vehicles. The bill specifies that a motor vehicle that is primarily powered by an electric battery is 
allowed to exceed the gross, single axle, tandem axle, or bridge formula weight limits, including 
tolerances, by no more than 2,000 pounds each individually weighed, up to a maximum gross   
__________________________________ 
Frank A. Rainwater, Executive Director  
 
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE 
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO 
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. 
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H. 3944 
 
vehicle weight of 82,000 pounds. The bill further specifies that this provision also applies on the 
interstate as allowed by federal law. 
 
Based on information from Judicial and Charleston, Chesterfield, Florence, and Horry counties, 
magistrates have jurisdiction over violations pursuant to this bill. RFA anticipates that the 
provisions of the bill can be managed within current resources. Therefore, the bill is not expected 
to have an expenditure impact on county governments.  
 
Local Revenue 
N/A