Current Status Bill Number:3367 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950125 Primary Sponsor:Cromer All Sponsors:Cromer and D. Smith Drafted Document Number:BBM\9768JM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Motor vehicle, uninsured
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950125 Introduced, read first time, 25 HJ
referred to Committee
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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.