Current Status Bill Number:181 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:DKA\3488CM.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Motor vehicle identification information
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941017 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO PROVIDE THAT NO DEPARTMENT MAY RELEASE MOTOR VEHICLE IDENTIFICATION INFORMATION TO ANY INDIVIDUAL OTHER THAN A LAW ENFORCEMENT OFFICER EXCEPT UPON WRITTEN REQUEST, AND TO PROVIDE PROCEDURES FOR REQUESTS, RECORDKEEPING, AND NOTIFICATION TO THE REGISTERED OWNER OF CERTAIN MOTOR VEHICLE REQUESTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-112. (A) A law enforcement official may obtain motor vehicle registration information by checking the license plate number of that vehicle through the department. This check may be effectuated only for the purpose of investigating criminal activity or a motor vehicle violation which the official reasonably believes has occurred or is occurring relative to a motor vehicle which reasonably matches the description of the motor vehicle on which the license plate is affixed.
(B) Except as authorized in subsection (A), the department may not release motor vehicle registration information to an individual or entity unless a written request for this information is made to the department.
The department must maintain a permanent record of each request made, which must include the name of the individual or organization making the request and the date, time, and purpose of the request. The department shall maintain this record for two years from the date of the original request.
(C) Within ten days of receiving a written request for information as required in subsection (B), the department shall notify the owner of the motor vehicle that a license plate check was requested on that motor vehicle. The notice must be sent to the owner at the address by depositing it in the United States mail. The notice must contain the name of the individual or organization making the request, and the date, time, and purpose of the request.
(D) Except as to a law enforcement official requesting information in accordance with subsection (A), the department shall establish and collect a fee from an individual or organization which requests motor vehicle registration information, in an amount equal to the costs of complying with the provisions of this section.
(E) This section does not apply to implementation of any interstate compact entered into by the department as authorized by law.
(F) As used in this section, `department' includes, but is not limited to, the Department of Transportation, the Department of Public Safety, or the Department of Revenue and Taxation."
SECTION 2. This act takes effect upon approval by the Governor.