H 3367 Session 111 (1995-1996)
H 3367 General Bill, By J.L.M. Cromer and D. Smith
Similar(H 3085)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-10-275 so as to provide that, 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, the officer shall remove or arrange for
the removal of the vehicle to a garage, automobile pound, or other place of
safety where it shall remain impounded, subject to the provisions of this
Section, under certain conditions, and provide for related and incidental
matters.
01/25/95 House Introduced and read first time HJ-15
01/25/95 House Referred to Committee on Judiciary HJ-15
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE
THAT, 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, THE OFFICER SHALL REMOVE OR
ARRANGE FOR THE REMOVAL OF THE VEHICLE TO A
GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF
SAFETY WHERE IT SHALL REMAIN IMPOUNDED, SUBJECT
TO THE PROVISIONS OF THIS SECTION, UNDER CERTAIN
CONDITIONS, AND PROVIDE FOR RELATED AND
INCIDENTAL MATTERS.
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. (1) 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, the officer shall
remove or arrange for the removal of the vehicle to a garage,
automobile pound, or other place of safety where it shall remain
impounded, subject to the provisions of this section if:
(a) the operator is the registered owner of the vehicle or the
vehicle is not properly registered; or
(b) proof of financial security is not produced; or
(c) where a person other than the operator is the registered
owner and such person or another properly licensed and authorized
to possess and operate the vehicle is not present. The vehicle shall
be entered into the statewide law enforcement information network
as an impounded vehicle and the impounding police department
shall notify promptly the owner and the local authority that the
vehicle has been impounded.
(2) A motor vehicle so impounded shall be in the custody of the
local authority and shall not be released unless:
(a) the person who redeems it has furnished satisfactory
evidence of registration and financial security;
(b) payment has been made for the reasonable costs of
removal and storage of the motor vehicle. The registered owner of
the vehicle shall be responsible for such payment; provided,
however, that if he was not the operator at the time of the offense
he shall have a cause of action against such operator to recover
such costs. Payment before release of the vehicle shall not be
required in cases where the impounded vehicle was stolen or was
rented or leased pursuant to a written agreement for a period of
thirty days or less; however, the operator of such a vehicle is liable
for the costs of removal and storage of the vehicle to any entity
rendering such service;
(c) where the motor vehicle was operated by a person who at
the time of the offense was the owner thereof, satisfactory evidence
that the registered owner or other person seeking to redeem the
vehicle has a license or privilege to operate a motor vehicle in this
State.
(3) When a vehicle seized and impounded pursuant to this
section has been in the custody of the local authority for thirty days,
such authority shall make inquiry as to the name and address of the
owner and any lienholder and upon receipt of such information
shall notify the owner and the lienholder, if any, at his last known
address by certified mail, return receipt requested, that if the vehicle
is not retrieved pursuant to item two of this section within thirty
days from the date the notice is given, it will be forfeited. If the
vehicle was registered in South Carolina, the last known address
shall be that address on file with the Department of Revenue and
Taxation. If the vehicle was registered out-of-state or never
registered, notification shall be made in the manner prescribed by
the Director of the Department of Revenue and Taxation.
(4) A motor vehicle that has been seized and not retrieved
pursuant to the foregoing provisions of this section shall be
forfeited to the local authority upon expiration of the period of the
notice set forth in item three of this section. A proceeding to
decree such forfeiture and to recover towing and storage costs, if
any, to the extent such costs exceed the fair market value of the
vehicle may be brought by the local authority in the court of
common pleas of the county where the vehicle was stored by
petition for an order decreeing forfeiture of the motor vehicle
accompanied by an affidavit attesting to facts showing that
forfeiture is warranted. If the identity and address of the owner
and/or lienholder is known to the local authority, ten days' notice
shall be given to such party, who shall have an opportunity to
appear and be heard before entry of an order decreeing forfeiture.
Where the court is satisfied that forfeiture of a motor vehicle is
warranted in accordance with this section, it shall enter an order
decreeing forfeiture of such vehicle. However, the court at any
time before entry of such an order may authorize release of the
vehicle in accordance with item two of this section upon a showing
of good cause for failure to retrieve same before commencement of
the proceeding to decree forfeiture, but if the court orders release of
the motor vehicle as provided in this section and the vehicle is not
redeemed within ten days from the date of the order, the vehicle
shall be considered to have been abandoned and the court upon
application of the local authority must enter an order decreeing its
forfeiture.
(5) A motor vehicle forfeited in accordance with the provisions
of this section becomes the property of the local authority, subject
however to any lien that was recorded before the seizure.
(6) For the purposes of this section, the term `local authority'
means the municipality in which the motor vehicle was seized;
except that if the motor vehicle was seized on property under the
jurisdiction of the Department of Parks, Recreation and Tourism or
a public authority or commission, the term `local authority' means
such authority, department, or commission. A county may provide
by local law that the county may act as the agent for a local
authority under this section.
(7) When a vehicle has been seized and impounded pursuant to
this section, the local authority or any person having custody of the
vehicle shall make the vehicle available or grant access to it to any
owner or any person, designated or authorized by such owner for
the purpose of:
(a) taking possession of any personal property found within
the vehicle and
(b) obtaining proof of registration, financial security, title, or
documentation in support of it.
(8) The costs for housing impounded vehicles, not otherwise
provided for in this section, must be paid from a fund consisting of
the proceeds from all vehicles which are ultimately sold pursuant to
this section. This fund must be controlled by the Director of the
Department of Revenue and Taxation and be used to pay local
garages and automobile pounds their usual fees for housing these
vehicles; provided, however, that if such a vehicle is of no
substantial value, then the vehicle must be sold for scrap metal as
any other or similar vehicle having no value is disposed.
(9) 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.
-----XX----- |