South Carolina General Assembly
115th Session, 2003-2004

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Bill 3737

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

April 23, 2003

H. 3737

Introduced by Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire

S. Printed 4/23/03--H.

Read the first time March 5, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3737) 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 license plates, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 56-10-45(D), in SECTION 1, page 2, by striking line 20 and 21 and inserting / the date the license plate was confiscated, and the reason it was confiscated. /

When amended Section 56-10-45 shall read:

/(D)    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, and the reason it was confiscated. /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

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.

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 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."

SECTION    2.    This act takes effect upon approval by the Governor.

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