S 0978 General Bill, By Martin
 A Bill to amend Section 29-15-20, Code of Laws of South Carolina, 1976,
 relating to the lien on motor vehicle for damages, so as to provide that the
 lien provided for in this Section must be filed with the motor vehicles
 division within seven days of the accident, to provide that the Division must
 note the lien on the certificate of title, to provide that the lien may not be
 enforced against an innocent purchaser who purchases the vehicle for value
 before the lien is filed who did not know or have reason to know of the
 accident, and to provide that this lien may not be enforced by attaching the
 vehicle unless the requirements of Article 1, Chapter 19, Title 15 are met.

   12/04/95  Senate Prefiled
   12/04/95  Senate Referred to Committee on Banking and Insurance
   01/09/96  Senate Introduced and read first time SJ-79
   01/09/96  Senate Referred to Committee on Banking and Insurance SJ-79

A BILL

TO AMEND SECTION 29-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN ON MOTOR VEHICLE FOR DAMAGES, SO AS TO PROVIDE THAT THE LIEN PROVIDED FOR IN THIS SECTION MUST BE FILED WITH THE MOTOR VEHICLES DIVISION WITHIN SEVEN DAYS OF THE ACCIDENT, TO PROVIDE THAT THE DIVISION MUST NOTE THE LIEN ON THE CERTIFICATE OF TITLE, TO PROVIDE THAT THE LIEN MAY NOT BE ENFORCED AGAINST AN INNOCENT PURCHASER WHO PURCHASES THE VEHICLE FOR VALUE BEFORE THE LIEN IS FILED WHO DID NOT KNOW OR HAVE REASON TO KNOW OF THE ACCIDENT, AND TO PROVIDE THAT THIS LIEN MAY NOT BE ENFORCED BY ATTACHING THE VEHICLE UNLESS THE REQUIREMENTS OF ARTICLE 1, CHAPTER 19, TITLE 15 ARE MET.

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

SECTION 1. Section 29-15-20 of the 1976 Code is amended to read:

"Section 29-15-20. When a motor vehicle is operated either negligently or in violation of the provisions of law or negligently, carelessly, recklessly, wilfully or wantonly and any a person receives personal injury or, property is damaged thereby, or a cause of action for wrongful death arises therefrom, damages recoverable therefor shall be and may constitute a lien next in priority to the lien for State state and county taxes upon such motor vehicle if the requirements of this section are met, recoverable in any court of competent jurisdiction, and the person sustaining such damages or the personal representative of the deceased or any one or more of the beneficiaries for whom such cause of action shall be brought under Sections 15-51-10 and 15-51-20 for the benefit of all such beneficiaries may attach such motor vehicle in the manner provided by law for attachments in this State. Within seven days of the date of the accident, the person sustaining such damages, his agent, or, if deceased, his personal representative or one or more of the beneficiaries for whom a cause of action may be brought under Sections 15-51-10 and 15-51-20 for the benefit of all such beneficiaries, must file a notice of the lien with the Motor Vehicles Division of the Department of Revenue. The accident report completed by the appropriate law enforcement agency must be attached to the notice. The division shall note the lien on the certificate of title in the same manner as a lien recorded pursuant to Article 5, Chapter 19, Title 56. The lien may not be enforced against an innocent purchaser who purchases the vehicle for value before the lien is filed who did not know or have reason to know of the accident.

This lien may not be enforced by attaching the vehicle unless the requirements of Article 1, Chapter 19, Title 15 are met.

But this This lien shall not exist if the motor vehicle was stolen by the breaking of a building under a secure lock or when the vehicle is securely locked."

SECTION 2. This act takes effect upon approval by the Governor.