Bill 3172

                    Current Status

Bill Number:               3172
Ratification Number:       561
Act Number                 470
Introducing Body:          House
Subject:                   Service of process procedure for
                           disposal of stolen watercraft

(A470, R561, H3172)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-9-415 AND 15-9-416, SO AS TO PROVIDE FOR SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF VESSELS IN THE WATERS OF THIS STATE AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-23-205 SO AS TO PROVIDE A PROCEDURE FOR DISPOSAL OF STOLEN WATERCRAFT OR OUTBOARD MOTORS AND CONFISCATED WATERCRAFT OR OUTBOARD MOTORS ON WHICH THE MANUFACTURER'S OR ASSIGNED SERIAL NUMBER HAS BEEN DESTROYED, REMOVED, COVERED, ALTERED OR DEFACED.

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

Service of process procedure for disposal of stolen watercraft

Section 1. The 1976 Code is amended by adding:

"Section 15-9-415. Service of process upon the Executive Director of the South Carolina Wildlife and Marine Resources Department, as agent of the nonresident operator of any vessel as defined in Section 50-21-10 in the waters of this State as defined in Section 50-21-10, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the Executive Director or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Executive Director to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Executive Director shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Executive Director, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff.

Section 15-9-416. If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or Executive Director, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant."

Confiscation of stolen watercraft

Section 2. The 1976 Code is amended by adding:

"Section 50-23-205. Any stolen watercraft or outboard motor or any watercraft or outboard motor which has been confiscated as provided by law and on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered or defaced may be disposed of under the following procedure:

The Department shall make a diligent effort to determine the true owner of such watercraft or outboard motor and if such owner cannot be ascertained, or if there is a dispute as to the true ownership, the Department may, upon notice to any party claiming an interest in such watercraft or outboard motor, petition the circuit court or other court of competent jurisdiction in the county in which such property was confiscated for an order declaring such watercraft or outboard motor contraband and forfeited to the State. In the event that the watercraft or outboard motor is forfeited to the State, the Department may retain such watercraft or outboard motor for Department use, assign such property to another governmental entity for its use or sell the property at public auction. Before exposing any watercraft or outboard motor to sale, the Department shall publicly advertise such property three weeks immediately prior to the day of sale in the county in which the property was confiscated. The Department shall specify in the advertisement a full description of the property to be sold, the time and place of sale and it shall post the advertisement at two public places in the county, one of which shall be the courthouse door. Publication of the sale shall also be made once a week for the three consecutive weeks immediately prior to the sale in a newspaper having general circulation in the county in which such property was confiscated. The proceeds derived from such sale shall be deposited in the Boating Operating Fund of the Department."

Time effective

Section 3. Section 1 shall take effect upon approval by the Governor and Section 2 shall take effect July 1, 1981.