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H. 3091
STATUS INFORMATION
General Bill
Sponsors: Rep. Altman
Document Path: l:\council\bills\swb\5055cm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: Motor vehicle owner, penalties/consequences for allowing person to operate vehicle who does not possess valid driver's license
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-40 1/14/2003 House Referred to Committee on Judiciary HJ-41
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-545 SO AS TO PROVIDE THAT A PERSON OWNING OR CONTROLLING A MOTOR VEHICLE IS GUILTY OF A MISDEMEANOR IF HE ALLOWS ANOTHER PERSON TO OPERATE THE MOTOR VEHICLE IF HE KNOWS OR SHOULD HAVE KNOWN THE OTHER PERSON DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT A MOTOR VEHICLE COVERED BY THIS PROVISION MUST BE CONFISCATED AND SOLD AT PUBLIC AUCTION BY THE LOCAL GOVERNMENT WHERE THE OFFENSE OCCURRED AND THE PROCEEDS FROM THE SALE PLACED IN ITS GENERAL FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-545. (A) A person owning or controlling a motor vehicle who allows, gratuitously or for consideration, another person to operate the motor vehicle upon the state's public highways when he knew or should have known that the person allowed to operate the motor vehicle did not have a valid South Carolina driver's license is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars and sentenced to not less than thirty days in prison. A fine imposed pursuant to this subsection must not be suspended.
(B) If serious injury or death results from the operation of a motor vehicle under subsection (A), the person owning or controlling the motor vehicle must be fined three thousand dollars and must be imprisoned for not less than one year nor more than two years. A fine imposed pursuant to this subsection must not be suspended.
(C) A motor vehicle covered by this section must be confiscated by the local government where the offense occurred within forty-five days after the offense occurred and sold at a public auction. The proceeds from the sale must be placed in the local government's general fund."
SECTION 2. This act takes effect upon approval by the Governor.
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