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Current Status Bill Number:View additional legislative information at the LPITS web site.3403 Ratification Number:216 Act Number:195 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010131 Primary Sponsor:Harrison All Sponsors:Harrison, Rodgers Drafted Document Number:l:\council\bills\ggs\22799cm01.doc Date Bill Passed both Bodies:20020314 Date of Last Amendment:20020306 Governor's Action:U Became law without signature of Governor Date of Governor's Action:20020328 Subject:Motor vehicles, abandoned; sheriff, chief of police, or their designee may sell vehicles at public auction History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020424 Act No. A195 ------ 20020328 Unsigned, became law without signature of Governor ------ 20020321 Ratified R216 Senate 20020314 Concurred in House amendment, enrolled for ratification House 20020306 Senate amendments amended, returned to Senate with amendment House 20020305 Debate adjourned until Wednesday, 20020306 House 20020228 Debate adjourned until Tuesday, 20020305 House 20020227 Debate adjourned House 20020226 Debate adjourned until Wednesday, 20020227 ------ 20020220 Scrivener's error corrected Senate 20020219 Amended, read third time, returned to House with amendment Senate 20010607 Read second time, notice of general amendments Senate 20010607 Committee amendment adopted and amended Senate 20010531 Committee report: Favorable with 15 ST amendment Senate 20010322 Introduced, read first time, 15 ST referred to Committee House 20010321 Read third time, sent to Senate House 20010320 Amended, read second time ------ 20010312 Scrivener's error corrected ------ 20010309 Scrivener's error corrected House 20010308 Committee report: Favorable with 25 HJ amendment House 20010221 Co-Sponsor added (Rule 5.2) by Rep. Rodgers House 20010131 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on March 8, 2001 - Word format Revised on March 9, 2001 - Word format Revised on March 12, 2001 - Word format Revised on March 20, 2001 - Word format Revised on May 31, 2001 - Word format Revised on June 7, 2001 - Word format Revised on February 19, 2002 - Word format Revised on February 19, 2002-A - Word format Revised on February 20, 2002 - Word format Revised on March 7, 2002 - Word format
(A195, R216, H3403)
AN ACT TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF OR HIS DESIGNEE, OR A CHIEF OF POLICE OR HIS DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION; TO AMEND SECTION 56-5-6240, AS AMENDED, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING UNDER SUSPENSION AND DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF A FORFEITED VEHICLE; BY ADDING SECTION 56-5-2522 SO AS TO PROVIDE THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 27-21-20, AS AMENDED, RELATING TO THE DISPOSAL OF PROPERTY RECOVERED BY A SHERIFF OR CHIEF OF POLICE, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF THIS PROPERTY; AND TO AMEND SECTION 56-5-5630, RELATING TO THE NOTICE THAT MUST BE PROVIDED BY A LAW ENFORCEMENT AGENCY TO THE OWNER AND LIENHOLDER OF AN ABANDONED MOTOR VEHICLE IN THE AGENCY'S CUSTODY, THE PENALTY IMPOSED UPON A LIENHOLDER FOR ABANDONING A VEHICLE, AND THE PENALTY IMPOSED UPON AN OWNER OF A VEHICLE THAT HAS BEEN STOLEN AND SUBSEQUENTLY ABANDONED, SO AS TO PROVIDE THAT THE NOTICE THAT MUST BE ISSUED BY THE LAW ENFORCEMENT AGENCY MUST BE ISSUED BY EITHER THE SHERIFF OR HIS DESIGNEE, OR THE CHIEF OF POLICE OR HIS DESIGNEE, TO REVISE THE PERIOD WITHIN WHICH THE NOTICE MUST BE ISSUED, AND THE PERIOD WITHIN WHICH THE VEHICLE MUST BE RECLAIMED.
Be it enacted by the General Assembly of the State of South Carolina:
Abandoned vehicles
SECTION 1. Section 56-5-5640 of the 1976 Code is amended to read:
"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the sheriff or his designee, or chief of police or his designee shall sell the abandoned vehicle at a public auction. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a sales receipt from the sheriff or chief of police, and must be entitled to register the purchased vehicle and receive a certificate of title. The sales receipt at such sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in such case no further titling of the vehicle must be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to Section 56-5-5630, must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days and then must be deposited in the general fund of the county or municipality."
Forfeited vehicles
SECTION 2. Section 56-5-6240(C) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(C) A forfeited vehicle with a fair market value of more than five hundred dollars must be disposed of pursuant to Section 56-5-5640 for abandoned vehicles, except that any remaining proceeds from the sale must be deposited in the general fund of the county or municipality. If the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids.
(D) If the registered owner, new purchaser, or lienholder believes the towing, preservation, and storage costs are excessive, he may petition the magistrate in the jurisdiction where the vehicle was taken into custody to determine the fair market price of the services.
(E) Nothing contained in this section shall alter a contractual obligation in an existing insurance policy."
Towed vehicles
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-2522. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle or object and its contents be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction.
(B) Sixty days after a vehicle or object has been towed, a law enforcement officer of the jurisdiction that must notify the owners and lienholders as provided in Section 56-5-5630, must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms.
(C) A proprietor, owner, and operator of a storage place, garage, or towing service, which has towed and stored a vehicle or object, has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction. Storage costs can be charged for a period not to exceed sixty days after which the owner, lienholder of record, or both, must be notified of all current charges and additional storage costs that have accrued on the date a certified notice is mailed. Thirty days after the notice is mailed, the vehicle or object and its contents may be sold by a regular or special constable appointed by the sheriff or chief of police as provided by Section 56-5-5640."
Recovered property
SECTION 4. Section 27-21-20(A) and (B) of the 1976 Code, as last amended by Act 148 of 1993, is further amended to read:
"(A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained, the sheriff or chief of police must notify its owner as provided in Section 56-5-5630.
(B) If after sixty days the property is not reclaimed, the sheriff, or his designee, or the police chief, or his designee, may sell the property as provided by Section 56-5-5640."
Abandoned motor vehicles
SECTION 5. Section 56-5-5630(a) of the 1976 Code is amended to read:
"(a) When an abandoned motor vehicle has been taken into custody, the sheriff, or his designee, or chief of police, or his designee, shall notify within forty-five days, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within fifteen days after the date of the notice, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle at a public auction."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 21st day of March, 2002.
Became law without the signature of the Governor -- 3/28/02.
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