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Indicates Matter Stricken
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AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 2A (Council\nbd\amend\11352ac02)
Amt. No. 3A (Council\nbd\amend\11353ac02)
Amt. No. 4A (Council\ggs\amend\22392cm02)
Amt. No. 5A (Council\ggs\amend\22390cm02)
March 7, 2002
H. 3403
S. Printed 2/19/02--S.
Read the first time March 22, 2001.
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'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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 shall must be entitled to register the purchased vehicle and receive a certificate of title. The sales receipt at such sale shall 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 shall 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, shall must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall must be held for the owner of the vehicle or entitled lienholder for ninety days and then shall must be deposited in the general fund of the county or municipality."
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 as follows: 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.
(1) within fifteen days after the expiration of the ten-day appeal period, the sheriff or chief of police shall notify, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record of the fact that the vehicle has been taken into custody. The notice must describe the year, make, model, and serial number of the vehicle, provide the name of the last known registered owner, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within thirty days of the date notice was received, upon payment of all reasonable towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the registered owner or lienholder to exercise his rights to reclaim the vehicle within the time provided is a waiver by the registered 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;
(2) if the identity or address of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was taken into custody is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents as required for notice by registered mail;
(3) if the fair market value of the vehicle is five hundred dollars or more and the vehicle is not reclaimed as provided in this section, the sheriff or chief of police shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling without the necessity of additional titling of the vehicle. The costs of the hearing, auction, and reasonable towing and storage charges which resulted from placing the vehicle in custody, all notice and publication costs, and all legal costs incurred pursuant to this subsection must be reimbursed from the proceeds of the sale of the vehicle. Any remaining proceeds from the sale must be deposited in the general fund of the county or municipality;
(4) 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."
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 it 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."
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.
(1) The sheriff or chief of police shall notify the owner no later than ten working days after a recovery that the property has been recovered and may be reclaimed.
(2) An owner of the property must be notified by certified mail that his property has been recovered. The notice must contain a list of the specific items. An owner has sixty calendar days in which to claim the property. The notice also must include a statement that, if the property is not claimed within sixty calendar days, the property will be sold at public auction to the highest bidder.
(B) The sheriff of a county or chief of police of a municipality may sell at public auction any recovered stolen or abandoned property after he has held it for sixty days and declared it abandoned by the jurisdiction. The sheriff or chief of police shall make a diligent effort to ascertain the true owner of the property and at least twice before the sale advertise the property with its full description in a newspaper having general circulation in the county or municipality having jurisdiction of the property and post the advertisement in the sheriff's office or the police department and at the courthouse. At any time after thirty days have elapsed after publication of the second advertisement, the sheriff or chief of police may sell to the highest bidder at a place designated by the sheriff or chief of police the abandoned or recovered stolen property as advertised. The sheriff or chief of police shall turn over all proceeds of the sale to the county or municipal treasurer who shall pay any debts incurred in holding the sale and then shall place the final proceeds in a special fund. 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."
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 fifteen 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 three weeks 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."
SECTION 6. This act takes effect upon approval by the Governor.
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