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Session 115 - (2003-2004)Printer Friendly
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H*4649 (Rat #0423, Act #0269 of 2004) General Bill, By Harrison
Summary: Traffic collisions involving law enforcement vehicle, definition; field investigation required to identify witnesses
AN ACT TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESS, AND TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION"; TO AMEND SECTION 56-5-2525, RELATING TO THE TOWING OF A MOTOR VEHICLE WITHOUT THE MOTOR VEHICLE OWNER'S KNOWLEDGE, SO AS TO DEFINE THE TERM "VEHICLE", TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE STORAGE OF A VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT RECEIVES NOTICE THAT A VEHICLE HAS BEEN TOWED MUST DRAFT A TOWING REPORT AND FURNISH THE TOWING COMPANY WITH THE REPORT'S DOCUMENT NUMBER, TO PROVIDE THAT A TOWING COMPANY IS NOT REQUIRED TO NOTIFY A LAW ENFORCEMENT AGENCY THAT A VEHICLE HAS BEEN TOWED WHEN THE TOWING IS PERFORMED AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A TOWING COMPANY THAT TOWS A PERSON'S VEHICLE WITHOUT HIS KNOWLEDGE AND STORES IT IS NOT REQUIRED TO RETURN THE VEHICLE TO THE PERSON AFTER THE COMPANY'S NORMAL BUSINESS HOURS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, SO AS TO MAKE TECHNICAL CHANGES, REVISE THE DEFINITION OF THE TERM "VEHICLE", TO PROVIDE THAT WHEN AN ABANDONED VEHICLE HAS BEEN TAKEN INTO CUSTODY BY A TOWING COMPANY AND STORAGE FACILITY, THE TOWING COMPANY STORAGE FACILITY AND LAW ENFORCEMENT AGENCY SHALL NOTIFY CERTAIN PERSON THAT THE VEHICLE HAS BEEN TAKEN INTO CUSTODY, AND TO PROVIDE FOR THE CONTENTS OF THE NOTIFICATION AND HOW THE NOTICE MUST BE DELIVERED, TO REVISE THE PROVISION THAT ALLOWS FOR THE RECOVERY OF TOWING AND STORAGE COSTS, TO DELETE THE PROVISION THAT REQUIRES A LAW ENFORCEMENT AGENCY TO PROVIDE A TOWING COMPANY AND STORAGE FACILITY CERTAIN INFORMATION REGARDING AN OBJECT THAT IS TOWED, AND TO PROVIDE THAT THE COURT MAY ORDER RESTITUTION FROM A PERSON CONVICTED OF STEALING A VEHICLE TO COVER THE VEHICLE'S TOWING AND STORAGE COSTS; TO AMEND SECTION 56-5-5635, RELATING TO THE PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND DISPOSED OF, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT BEFORE SELLING, THE VEHICLE, THE SELLER MUST OBTAIN THE NAME AND ADDRESS OF ANY OWNER OR LIENHOLDER, TO REVISE THE PROCEDURE TO NOTIFY THE OWNER OR LIENHOLDER THAT THE VEHICLE HAS BEEN TOWED AND CERTAIN COSTS ASSOCIATED WITH TOWING THE VEHICLE HAVE ACCRUED, AND TO REVISE THE PROCEDURE TO DISPOSE OF THE VEHICLE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE A MAXIMUM AMOUNT OF COSTS THAT MAY BE RECOVERED FROM THE SALE OF A VEHICLE, AND TO PROVIDE THAT THE MAGISTRATE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE, MUST NOTIFY THE OWNER AND LIENHOLDERS THAT THEY HAVE NINETY DAYS TO CLAIM THE PROCEEDS FROM THE SALE OF THE VEHICLE; TO AMEND SECTION 56-5-5660, RELATING TO AN APPLICATION FOR AND ISSUANCE OF A DISPOSAL AUTHORITY CERTIFICATE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO CERTAIN DUTIES OF DEMOLISHERS OF VEHICLES AND THE SURRENDER OF CERTAIN DOCUMENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY, OR PUBLIC OR PRIVATE PROPERTY, SO AS TO REVISE THE PROCEDURE THAT GOVERNS THE PLACEMENT OF COLORED TAGS ON A VEHICLE, AND THE REMOVAL AND DISPOSAL OF A VEHICLE WHICH HAS A COLORED TAG PLACED ON IT; TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO REVISE THE DEFINITION OF A VEHICLE THAT IS CONSIDERED TO BE "UNCLAIMED" AND TO REVISE THE PROCEDURE TO REPORT AN UNCLAIMED VEHICLE TO THE DEPARTMENT OF MOTOR VEHICLES; TO AMEND SECTION 16-11-760, AS AMENDED, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO REVISE THE PROCEDURE THAT ALLOWS A TOWING COMPANY, STORAGE FACILITY, GARAGE, OR REPAIR SHOP TO SELL AT PUBLIC AUCTION CERTAIN ARTICLES THAT HAVE NOT BEEN RECLAIMED WITHIN A CERTAIN PERIOD OF TIME. - ratified title
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Summary: Traffic collisions involving law enforcement vehicle, definition; field investigation required to identify witnesses
AN ACT TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESS, AND TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION"; TO AMEND SECTION 56-5-2525, RELATING TO THE TOWING OF A MOTOR VEHICLE WITHOUT THE MOTOR VEHICLE OWNER'S KNOWLEDGE, SO AS TO DEFINE THE TERM "VEHICLE", TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE STORAGE OF A VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT RECEIVES NOTICE THAT A VEHICLE HAS BEEN TOWED MUST DRAFT A TOWING REPORT AND FURNISH THE TOWING COMPANY WITH THE REPORT'S DOCUMENT NUMBER, TO PROVIDE THAT A TOWING COMPANY IS NOT REQUIRED TO NOTIFY A LAW ENFORCEMENT AGENCY THAT A VEHICLE HAS BEEN TOWED WHEN THE TOWING IS PERFORMED AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A TOWING COMPANY THAT TOWS A PERSON'S VEHICLE WITHOUT HIS KNOWLEDGE AND STORES IT IS NOT REQUIRED TO RETURN THE VEHICLE TO THE PERSON AFTER THE COMPANY'S NORMAL BUSINESS HOURS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, SO AS TO MAKE TECHNICAL CHANGES, REVISE THE DEFINITION OF THE TERM "VEHICLE", TO PROVIDE THAT WHEN AN ABANDONED VEHICLE HAS BEEN TAKEN INTO CUSTODY BY A TOWING COMPANY AND STORAGE FACILITY, THE TOWING COMPANY STORAGE FACILITY AND LAW ENFORCEMENT AGENCY SHALL NOTIFY CERTAIN PERSON THAT THE VEHICLE HAS BEEN TAKEN INTO CUSTODY, AND TO PROVIDE FOR THE CONTENTS OF THE NOTIFICATION AND HOW THE NOTICE MUST BE DELIVERED, TO REVISE THE PROVISION THAT ALLOWS FOR THE RECOVERY OF TOWING AND STORAGE COSTS, TO DELETE THE PROVISION THAT REQUIRES A LAW ENFORCEMENT AGENCY TO PROVIDE A TOWING COMPANY AND STORAGE FACILITY CERTAIN INFORMATION REGARDING AN OBJECT THAT IS TOWED, AND TO PROVIDE THAT THE COURT MAY ORDER RESTITUTION FROM A PERSON CONVICTED OF STEALING A VEHICLE TO COVER THE VEHICLE'S TOWING AND STORAGE COSTS; TO AMEND SECTION 56-5-5635, RELATING TO THE PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND DISPOSED OF, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT BEFORE SELLING, THE VEHICLE, THE SELLER MUST OBTAIN THE NAME AND ADDRESS OF ANY OWNER OR LIENHOLDER, TO REVISE THE PROCEDURE TO NOTIFY THE OWNER OR LIENHOLDER THAT THE VEHICLE HAS BEEN TOWED AND CERTAIN COSTS ASSOCIATED WITH TOWING THE VEHICLE HAVE ACCRUED, AND TO REVISE THE PROCEDURE TO DISPOSE OF THE VEHICLE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE A MAXIMUM AMOUNT OF COSTS THAT MAY BE RECOVERED FROM THE SALE OF A VEHICLE, AND TO PROVIDE THAT THE MAGISTRATE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE, MUST NOTIFY THE OWNER AND LIENHOLDERS THAT THEY HAVE NINETY DAYS TO CLAIM THE PROCEEDS FROM THE SALE OF THE VEHICLE; TO AMEND SECTION 56-5-5660, RELATING TO AN APPLICATION FOR AND ISSUANCE OF A DISPOSAL AUTHORITY CERTIFICATE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO CERTAIN DUTIES OF DEMOLISHERS OF VEHICLES AND THE SURRENDER OF CERTAIN DOCUMENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY, OR PUBLIC OR PRIVATE PROPERTY, SO AS TO REVISE THE PROCEDURE THAT GOVERNS THE PLACEMENT OF COLORED TAGS ON A VEHICLE, AND THE REMOVAL AND DISPOSAL OF A VEHICLE WHICH HAS A COLORED TAG PLACED ON IT; TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO REVISE THE DEFINITION OF A VEHICLE THAT IS CONSIDERED TO BE "UNCLAIMED" AND TO REVISE THE PROCEDURE TO REPORT AN UNCLAIMED VEHICLE TO THE DEPARTMENT OF MOTOR VEHICLES; TO AMEND SECTION 16-11-760, AS AMENDED, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO REVISE THE PROCEDURE THAT ALLOWS A TOWING COMPANY, STORAGE FACILITY, GARAGE, OR REPAIR SHOP TO SELL AT PUBLIC AUCTION CERTAIN ARTICLES THAT HAVE NOT BEEN RECLAIMED WITHIN A CERTAIN PERIOD OF TIME. - ratified title
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| 01/29/04 | House | Introduced and read first time HJ-10 |
| 01/29/04 | House | Referred to Committee on Judiciary HJ-11 |
| 03/03/04 | House | Committee report: Favorable Judiciary HJ-2 |
| 03/04/04 | House | Read second time HJ-16 |
| 03/04/04 | House | Unanimous consent for third reading on next legislative day HJ-17 |
| 03/05/04 | House | Read third time and sent to Senate HJ-2 |
| 03/09/04 | Senate | Introduced and read first time SJ-16 |
| 03/09/04 | Senate | Referred to Committee on Judiciary SJ-16 |
| 05/12/04 | Senate | Committee report: Favorable with amendment Judiciary SJ-18 |
| 05/13/04 | Senate | Amended SJ-16 |
| 05/13/04 | Senate | Read second time SJ-16 |
| 05/13/04 | Senate | Ordered to third reading with notice of amendments SJ-16 |
| 06/01/04 | Senate | Amended SJ-32 |
| 06/01/04 | Senate | Read third time and returned to House with amendments SJ-32 |
| 06/02/04 | House | Senate amendment amended HJ-88 |
| 06/02/04 | House | Returned to Senate with amendments HJ-90 |
| 06/02/04 | Senate | Non-concurrence in House amendment SJ-44 |
| 06/03/04 | House | House insists upon amendment and conference committee appointed Reps. Sinclair, Clemmons, and Howard HJ-13 |
| 06/03/04 | Senate | Conference committee appointed Sens. Gregory, Hutto, Knotts SJ-39 |
| 06/03/04 | House | Free conference powers granted HJ-85 |
| 06/03/04 | House | Free conference committee appointed Reps. Sinclair, Clemmons, and Howard HJ-87 |
| 06/03/04 | House | Free conference report received and adopted HJ-87 |
| 06/03/04 | Senate | Free conference powers granted SJ-40 |
| 06/03/04 | Senate | Free conference committee appointed Sens. Gregory, Hutto, Knotts SJ-40 |
| 06/03/04 | Senate | Free conference report received and adopted SJ-40 |
| 06/03/04 | Senate | Ordered enrolled for ratification SJ-57 |
| 06/03/04 | Ratified R 423 | |
| 07/06/04 | Signed By Governor | |
| 07/14/04 | Copies available | |
| 07/14/04 | Effective date 07/06/04 | |
| 07/28/04 | Act No. 269 |