S*0037(Rat #0104, Act #0059 of 1999)  General Bill, By Hayes, Elliott, Giese, 
Rankin and Branton
 A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS
 BEEN EVICTED, SO AS TO REQUIRE THE REMOVAL BY APPROPRIATE MUNICIPAL OR COUNTY
 OFFICIALS OF SUCH PERSONAL PROPERTY IN A PUBLIC STREET OR HIGHWAY AFTER
 FORTY-EIGHT HOURS AND TO PROVIDE, THAT, IF THE PREMISES IS LOCATED IN A
 MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC
 HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE
 THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT
 TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES;
 AND TO REPEAL SECTION 27-40-735 RELATING TO A REDUNDANT PROVISION FOR THE
 DISPOSITION OF PERSONAL PROPERTY OF AN EVICTED TENANT.-AMENDED TITLE

   11/18/98  Senate Prefiled
   11/18/98  Senate Referred to Committee on Judiciary
   01/12/99  Senate Introduced and read first time SJ-22
   01/12/99  Senate Referred to Committee on Judiciary SJ-22
   04/07/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-14
   04/08/99  Senate Amended SJ-26
   04/08/99  Senate Read second time SJ-26
   04/14/99  Senate Read third time and sent to House SJ-14
   04/15/99  House  Introduced and read first time HJ-7
   04/15/99  House  Referred to Committee on Judiciary HJ-7
   05/26/99  House  Committee report: Favorable Judiciary HJ-4
   06/01/99  House  Read second time HJ-14
   06/02/99  House  Read third time and enrolled HJ-9
   06/09/99         Ratified R 104
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   07/07/99         Copies available
   07/07/99         Act No. 59

AN ACT TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO REQUIRE THE REMOVAL BY APPROPRIATE MUNICIPAL OR COUNTY OFFICIALS OF SUCH PERSONAL PROPERTY IN A PUBLIC STREET OR HIGHWAY AFTER FORTY-EIGHT HOURS AND TO PROVIDE THAT, IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735 RELATING TO A REDUNDANT PROVISION FOR THE DISPOSITION OF PERSONAL PROPERTY OF AN EVICTED TENANT.

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

Disposition of property

SECTION 1. Section 27-40-710(D) of the 1976 Code, as added by Act 382 of 1998, is amended to read:

"(D) Personal property belonging to a tenant removed from a premises as a result of an eviction proceeding under this chapter which is placed on a public street or highway shall be removed by the appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also be removed by these officials in the normal course of debris or trash collection before or after a period of forty-eight hours. If the premises is located in a municipality or county that does not collect trash or debris from the public highways, then after a period of forty-eight hours, the landlord may remove the personal property from the premises and dispose of it in the manner that trash or debris is normally disposed of in such municipalities or counties. The notice of eviction must clearly inform the tenant of the provisions of this section. The municipality or county and the appropriate officials or employees thereof have no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this section."

Repeal

SECTION 2. Section 27-40-735 of the 1976 Code is repealed.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.