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Sponsors: Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire
Document Path: l:\council\bills\swb\5195cm03.doc
Introduced in the House on March 5, 2003
Introduced in the Senate on April 29, 2003
Last Amended on June 3, 2004
Currently residing in the Senate
Summary: Notification requirements for license plate confiscation
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/5/2003 House Introduced and read first time HJ-71 3/5/2003 House Referred to Committee on Judiciary HJ-71 4/23/2003 House Committee report: Favorable with amendment Judiciary HJ-143 4/24/2003 House Amended HJ-49 4/24/2003 House Read second time HJ-50 4/24/2003 House Unanimous consent for third reading on next legislative day HJ-51 4/25/2003 House Read third time and sent to Senate HJ-4 4/29/2003 Senate Introduced and read first time SJ-37 4/29/2003 Senate Referred to Committee on Transportation SJ-37 4/8/2004 Senate Committee report: Favorable with amendment Transportation 4/13/2004 Senate Amended SJ-17 4/13/2004 Senate Read second time SJ-17 6/2/2004 Senate Amended SJ-133 6/2/2004 Senate Read third time and returned to House with amendments SJ-133 6/3/2004 House Non-concurrence in Senate amendment HJ-47 6/3/2004 House Reconsider non-concurrence HJ-107 6/3/2004 House Senate amendment amended HJ-107 6/3/2004 House Returned to Senate with amendments HJ-108
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 2, 2004
Introduced by Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire
S. Printed 6/2/04--S.
Read the first time April 29, 2003.
TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-10-45 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-10-45. (A) The Department of Public Safety may enter into agreements with other municipal and county law enforcement agencies for the collection of suspended or revoked drivers' licenses, motor vehicle
registrations registration cards, and motor vehicle license plates. The department must assess a fifty dollar fine for each item recovered pursuant to this section in addition to any other fines assessed. Upon collection, this fine must be returned on a quarterly basis to the general fund of the municipality or county which initiated the enforcement action.
(B) All motor vehicle registration
certificates cards, motor vehicle license plates, and drivers' licenses confiscated or seized pursuant to this section must be returned to the department within fifteen days.
(C) The department shall collect and keep the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of
tags license plates confiscated by local law enforcement agencies pursuant to this section. Fines collected pursuant to Section 56-10-240, referring to the monetary penalty of a person who is guilty of a misdemeanor for wilful failure to return his motor vehicle license plates plate and registration card, must be paid to the governing body of the local law enforcement agency confiscating the tags license plate and deposited in the general fund of the local governing body. The director or his designee shall provide monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles.
(D) When a law enforcement officer confiscates a license plate, he shall leave a notice prominently displayed on the vehicle or with the operator of the vehicle at the time of confiscation that contains his name and law enforcement agency, the date the license plate was confiscated, and the reason it was confiscated."
SECTION 2. Chapter 15, Title 56 of the 1976 Code is amended by adding:
Section 56-15-410. An applicant for an initial nonfranchise automobile dealer license must complete successfully at least eight hours of prelicensing education courses before he may be issued a license. At least one shareholder listed on the application for an initial nonfranchise automobile dealer license must comply with the education requirement contained in this section.
Section 56-15-420. The Department of Public Safety shall promulgate regulations to implement the provisions contained in this article.
Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned and operated by a franchised automobile dealer.
Section 56-15-440. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a nonfranchised automobile dealer whose primary business objective and substantial business activity is the rental of motor vehicles, regulated by Title 56."
SECTION 3. A. Section 56-1-130 of the 1976 Code is amended by adding at the end:
"(E) The department shall include a noncommercial classified driver's license to operate or tow a recreational vehicle in excess of twenty-six thousand pounds gross vehicle weight rating or gross combination weight rating which must be indicated by endorsement on the license. An applicant operating a combination recreational vehicle with a gross combination weight rating over twenty-six thousand pounds where the trailing unit is over twelve thousand pounds, must demonstrate the knowledge and ability to tow the recreational vehicle. An applicant operating a self-propelled recreational vehicle must demonstrate the knowledge and ability to operate the recreational vehicle; however, the applicant is not required to demonstrate the ability to tow a passenger motor vehicle or trailer transporting a passenger motor vehicle. An applicant for a license required by this subsection is not required to submit a medical examiner's certificate; however, an applicant must meet the physical and mental requirements for a basic driver's license. For purposes of this subsection, 'recreational vehicle' means a vehicle that is equipped to serve as a temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
B. This section takes effect January 1, 2005.
SECTION 4. Sections 56-15-410, 56-15-430, and 56-15-440, added by SECTION 2 of this act take effect on January 1, 2005. Section 56-15-420 added by SECTION 2 of this act and SECTION 1 take effect upon approval by the Governor.
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