South Carolina Legislature


 

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H 4477
Session 111 (1995-1996)


H 4477 General Bill, By Stille, Allison, J.M. Baxley, Cotty, J.L.M. Cromer, 
Dantzler, Davenport, Easterday, Fleming, R.J. Herdklotz, J. Hines, Kirsh, 
Klauber, Littlejohn, C.V. Marchbanks, McCraw, McMahand, Neilson, Phillips, 
Meacham, Sandifer, J.S. Shissias, Simrill, Stuart, Trotter, Walker, C.C. Wells, 
Wilder, D. Williams and Witherspoon
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-6245 so as to provide that the motor vehicle driven by a person who is
 not a licensed driver or whose license to drive has been canceled, suspended,
 or revoked must be impounded under certain circumstances and to provide that
 the cost associated with impounding the motor vehicle must be borne by the
 driver.

   01/23/96  House  Introduced and read first time HJ-2
   01/23/96  House  Referred to Committee on Education and Public
                     Works HJ-3
   04/18/96  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-33
   04/23/96  House  Amended HJ-75
   04/24/96  House  Debate adjourned until Thursday, April 25, 1996 HJ-338
   04/25/96  House  Debate adjourned until Tuesday, April 30, 1996 HJ-17
   04/30/96  House  Amended HJ-36
   04/30/96  House  Debate adjourned until Wednesday, May 1, 1996 HJ-36
   05/01/96  House  Objection withdrawn by Rep. S. Whipper, Cave,
                     Scott, Breeland & Cain HJ-10
   05/07/96  House  Read second time HJ-56
   05/07/96  House  Roll call Yeas-80  Nays-1 HJ-56
   05/08/96  House  Read third time and sent to Senate HJ-39
   05/09/96  Senate Introduced and read first time SJ-40
   05/09/96  Senate Referred to Committee on Transportation SJ-40



AMENDED

May 7, 1996

H. 4477

Introduced by REPS. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips

S. Printed 5/7/96--H.

Read the first time January 23, 1996.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-6245. (A) A motor vehicle owned and driven by a person on a public highway in this State who is not a licensed driver or whose license to drive has been canceled, suspended, or revoked must be impounded if in the opinion of the arresting officer the vehicle has a fair market value in excess of one thousand dollars for:

(1) thirty days for a first offense;

(2) sixty days for a second offense; or

(3) ninety days for a third offense.

The arresting officer is responsible for taking those steps necessary to have the vehicle impounded. Impoundment must be at a public impoundment lot, but for all purposes of collecting the towing and storage charges due for the period of impoundment, the provisions of Section 29-15-10 shall apply, mutatis mutandis. The towing service transporting the vehicle has first priority in the disbursement of monies collected pursuant to this section.

(B) The cost associated with impounding a motor vehicle pursuant to subsection (A) must be borne by the driver of the motor vehicle. Notice of the impoundment shall be mailed to all lienholders of record within ten days of impoundment.

(C) This section does not apply to vehicles owned by rental car companies.

(D) A driver whose license to drive is invalid by reason of license expiration shall have a sixty-day grace period after expiration before the provisions of this section regarding vehicle impoundment are enforceable."

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

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