Current Status Bill Number:376 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950117 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:bbm\9697jm.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Motor vehicle, uninsured
Body Date Action Description Com Leg Involved
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Senate 19950117 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE THAT, WHENEVER ANY PERSON KNOWINGLY OPERATES AN UNINSURED MOTOR VEHICLE FOR ANY REASON OTHER THAN A LIFE-OR-DEATH EMERGENCY PURPOSE, THE MOTOR VEHICLE IS FORFEITED TO THE STATE AND MUST BE CONFISCATED BY ANY LAW ENFORCEMENT OFFICER WHO MUST DELIVER IT TO THE DEPARTMENT OF PUBLIC SAFETY, TO ENACT SIMILAR PROVISIONS IN THE CASE WHERE A PERSON DRIVES A MOTOR VEHICLE KNOWING THAT HIS LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED AND DOES SO FOR ANY REASON OTHER THAN A LIFE-OR-DEATH EMERGENCY PURPOSE, AND TO PROVIDE FOR RELATED 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.(A) Whenever any person knowingly operates an uninsured motor vehicle subject to registration in this State for any reason other than a life-or-death emergency purpose, whether such motor vehicle is owned by the operator himself or is owned by another, but in the latter instance is operated with the permission of the owner who knows the vehicle to be uninsured, the motor vehicle is forfeited to the State and must be confiscated by any law enforcement officer who shall forthwith deliver it to the Department of Public Safety.
The department shall sell any such confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where the vehicle is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated vehicle, to the State Treasurer for deposit in the general fund of the State, except that if the vehicle is involved in an accident, the net proceeds must be disbursed to the victim of the accident, or to his immediate family if the victim has died, but in no event to the vehicle operator or the owner of the vehicle if other than the operator, or to their families.
(B) Whenever any person drives a motor vehicle anywhere in this State knowing that his license to drive has been canceled, suspended, or revoked and does so for any reason other than a life-or-death emergency purpose, whether such vehicle is owned by the operator himself or is owned by another, but in the latter instance, is driven with the permission of the owner who knows that the operator's license to drive has been canceled, suspended, or revoked, the motor vehicle is forfeited to the State and must be confiscated by any law enforcement officer who shall forthwith deliver the vehicle to the Department of Public Safety.
The department shall sell any confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale the department shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated vehicle, to the State Treasurer for deposit in the general fund of the State, except that if the vehicle is involved in an accident, the net proceeds must be disbursed to the victim of the accident, or his immediate family if the victim has died, but in no event to the vehicle operator or the owner of the vehicle if other than the operator, or to their families.
(C) The confiscation provisions of subsections (A) and (B) of this section are in addition to, and not in lieu of, any other penalties provided by law for knowingly operating an uninsured motor vehicle or knowingly allowing the operation of an uninsured motor vehicle or for driving a motor vehicle, or allowing a vehicle to be driven, knowing that the operator's driver's license has been canceled, suspended, or revoked."
SECTION 2. This act takes effect upon approval by the Governor.