South Carolina General Assembly
114th Session, 2001-2002

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Bill 3403


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


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

(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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