Current Status Introducing Body:House Bill Number:3817 Primary Sponsor:Townsend Committee Number:26 Type of Legislation:GB Subject:Motor vehicle registration plates Residing Body:House Current Committee:Labor, Commerce and Industry Date Tabled:May 07, 1991 Computer Document Number:DKA/3190.AL Introduced Date:Apr 10, 1991 Last History Body:House Last History Date:May 07, 1991 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Townsend Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3817 House May 07, 1991 Tabled in Committee 26
3817 House Apr 10, 1991 Introduced, read first time, 26
referred to Committee
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TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENT THAT UPON LOSS OF INSURANCE, THE INSURED OBTAIN NEW INSURANCE OR SURRENDER REGISTRATION AND PLATES, SO AS TO REDUCE THE PENALTY FOR A FIRST OFFENSE; TO AMEND SECTION 56-10-245, AS AMENDED, RELATING TO THE PER DIEM FINE FOR LAPSE IN INSURANCE COVERAGE SO AS TO REDUCE THE MAXIMUM FINE FOR A FIRST OFFENSE AND TO PROVIDE AN APPEAL PROCESS FOR AN AGGRIEVED PARTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The third paragraph of Section 56-10-240 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"A person who wilfully failing fails to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred fifty dollars or imprisoned for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months."
SECTION 2. Section 56-10-245 of the 1976 Code, as last amended by Act 324 of 1990, is further amended to read:
"Section 56-10-245. Whenever a person furnishes proof of liability insurance, or surrenders or has his registration or license tags confiscated for failure to produce proof of insurance, after the Department of Highways and Public Transportation receives notice of the lapse or termination of the required liability insurance, the department shall compare the effective date of the lapse or termination with the date of the proof of insurance or the date of the confiscation or surrender. If the department determines there was a lapse in the required coverage, the department shall assess, in addition to other fines or penalties imposed by the law, a per diem fine in the amount of five dollars. An aggrieved person has the right to appeal to the department for an administrative hearing pursuant to the Administrative Procedures Act. The department shall collect and keep this fine to defer the costs of the financial responsibility program. The fine provided for in this section and the two hundred fifty dollar reinstatement fee pursuant to Section 56-10-240 of the 1976 Code must not be assessed if the person furnishes proof, as documented by his sworn statement, that the motor vehicle upon which the coverage has lapsed or been terminated has not been operated upon the roads, streets, or highways of this State during the lapse or termination, and the lapse or termination is due to either military service or illness as documented by a signed physician's statement. The total amount of the fine provided for in this section may not exceed two hundred fifty dollars for a first offense."
SECTION 3. This act takes effect upon approval by the Governor.