H 4320 General Bill, By J.L.M. Cromer, J.J. Snow, Stuart and Walker
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-10-275 so as to provide for the immediate impoundment of a motor vehicle
 subject to registration in this State which is being operated without
 insurance, provide for payment of the costs of the impoundment and other fines
 and fees, and provide for the promulgation of certain regulations.

   12/01/93  House  Prefiled
   12/01/93  House  Referred to Committee on Labor, Commerce and Industry
   01/11/94  House  Introduced and read first time HJ-18
   01/11/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-18
   02/09/94  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-13
   02/22/94  House  Debate adjourned until Thursday, February 24,
                     1994 HJ-14
   02/24/94  House  Debate adjourned until Thursday, March 3, 1994 HJ-401
   03/07/94  House  Objection by Rep. Haskins, Moody-Lawrence, Rhoad,
                     Stoddard, J. Wilder, HJ-15
   03/07/94  House  Objection by Rep. Govan & J. Brown HJ-15

COMMITTEE REPORT

February 9, 1994

H. 4320

S. Printed 2/9/94--H.

Read the first time January 11, 1994.

To whom was referred a Bill (H. 4320), to amend the Code of Laws of South Carolina, 1976, by adding Section 56-10-275 so as to provide for the immediate impoundment of a motor vehicle subject to registration, 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, by striking SECTION 1 and inserting:

/SECTION 1. Section 56-5-6240 of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:

"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a fourth or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and (D) and (E).

(B) In addition to the penalties provided for operating an uninsured motor vehicle and in Section 56-10-270, whenever it is determined by a law enforcement officer that a motor vehicle subject to registration in this State is being operated without insurance, such officer shall cause the uninsured vehicle to be immediately impounded. The uninsured vehicle shall not be returned to the owner thereof until he pays all of the costs of the impoundment, as well as all other fines or fees, or both, required by law to be paid for knowingly operating an uninsured motor vehicle or for knowingly allowing the operation of an uninsured motor vehicle in violation of Section 56-10-270 and furnishes proof of insurance satisfactory to the Division of Motor Vehicles of the Department of Revenue and Taxation.

(C) The vehicle forfeited in subsection (A) or impounded pursuant to subsection (B) must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the sheriff or chief of police of the jurisdiction where the motor vehicle was seized or his authorized agent who by certified mail shall notify the registered owner of the confiscation within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of receipt of the request. The vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid license. Forfeiture of a vehicle is subordinate in priority to all valid liens.

The sheriff or chief of police in possession of the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.

(B)(D) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record. The court, after hearing, shall order that the vehicle be forfeited to the sheriff or chief of police and sold in the manner provided in this section, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that:

(1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or

(2) the owner of record did not know that the driver had no valid driver's license. Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.

(C)(E) If the person fails to file an appeal within ten days after the conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. However, if the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids."/

Amend title to conform.

THOMAS C. ALEXANDER, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE FOR THE IMMEDIATE IMPOUNDMENT OF A MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE WHICH IS BEING OPERATED WITHOUT INSURANCE, PROVIDE FOR PAYMENT OF THE COSTS OF THE IMPOUNDMENT AND OTHER FINES AND FEES, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-10-275. Notwithstanding any other provision of law, in addition to the penalties provided in Section 56-10-270, and not in lieu thereof, whenever it is determined by a law enforcement officer that a motor vehicle subject to registration in this State is being operated without insurance, such officer shall cause the uninsured vehicle to be immediately impounded. The vehicle shall not be returned to the owner thereof until he pays all of the costs of the impoundment, as well as all other fines or fees, or both, required by law to be paid for knowingly operating an uninsured motor vehicle or for knowingly allowing the operation of an uninsured motor vehicle in violation of Section 56-10-270 and furnishes proof of insurance satisfactory to the Division of Motor Vehicles of the Department of Revenue and Taxation.

The Director of the Department of Revenue and Taxation shall promulgate regulations for the enforcement and administration of the provisions of this section."

SECTION 2. This act takes effect upon approval by the Governor.