S 111 Session 111 (1995-1996)
S 0111 General Bill, By Peeler, Elliott, Gregory, Rankin, Reese, M.T. Rose and
Wilson
A Bill to amend Section 3-9-10, Code of Laws of South Carolina, 1976, relating
to federal surplus property, so as to authorize the division of General
Services to enter into agreements with federal agencies to conduct and direct
the disposal of excess or surplus property of those federal agencies or the
federal government, and to provide that no other state agency that receives
state appropriated funds or local agency may perform this function; to amend
the 1976 Code by adding Section 11-35-715 so as to require all state
governmental bodies receiving state appropriated funds including the
Department of Transportation to comply with provisions of law requiring the
use of the Division of General Services when disposing of surplus property
regardless of other exemptions which have been granted to the Consolidated
Procurement Code; to amend Section 11-35-3820, relating to the allocation of
the proceeds of the sale of surplus property, so as to provide that all
proceeds must be applied to the credit of the governmental body owning the
property for the purchase of like items; to amend Section 44-53-530, as
amended, relating to the seizure, forfeiture, and sale of property used in
illegal drug transactions, so as to provide that public auctions of this
property must be conducted by the Division of General Services, and the
Division of General Services must be notified annually of the property which
has been retained by the seizing agency; to amend the 1976 Code by adding
Section 50-3-115 so as to provide that public auctions of personal property
seized and forfeited to the Department of Natural Resources must be conducted
by the Division of General Services, to require the Division to be notified by
the Department of certain property retained by it for its own use, and to
provide exceptions; and to amend Section 50-11-740, as amended, relating to
the confiscation, forfeiture, and sale of property used in the hunting of deer
or bear at night, so as to provide that the Department of Natural Resources
acting through the Division of General Services as its authorized agent shall
conduct the public auctions at which this property is sold and that the sale
must be conducted in the same manner surplus property is sold under the
Consolidated Procurement Code.
10/03/94 Senate Prefiled
10/03/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-42
01/10/95 Senate Referred to Committee on Judiciary SJ-42
A BILL
TO AMEND SECTION 3-9-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO FEDERAL SURPLUS
PROPERTY, SO AS TO AUTHORIZE THE DIVISION OF
GENERAL SERVICES TO ENTER INTO AGREEMENTS WITH
FEDERAL AGENCIES TO CONDUCT AND DIRECT THE
DISPOSAL OF EXCESS OR SURPLUS PROPERTY OF THOSE
FEDERAL AGENCIES OR THE FEDERAL GOVERNMENT,
AND TO PROVIDE THAT NO OTHER STATE AGENCY THAT
RECEIVES STATE APPROPRIATED FUNDS OR LOCAL
AGENCY MAY PERFORM THIS FUNCTION; TO AMEND THE
1976 CODE BY ADDING SECTION 11-35-715 SO AS TO
REQUIRE ALL STATE GOVERNMENTAL BODIES
RECEIVING STATE APPROPRIATED FUNDS INCLUDING
THE DEPARTMENT OF TRANSPORTATION TO COMPLY
WITH PROVISIONS OF LAW REQUIRING THE USE OF THE
DIVISION OF GENERAL SERVICES WHEN DISPOSING OF
SURPLUS PROPERTY REGARDLESS OF OTHER
EXEMPTIONS WHICH HAVE BEEN GRANTED TO THE
CONSOLIDATED PROCUREMENT CODE; TO AMEND
SECTION 11-35-3820, RELATING TO THE ALLOCATION OF
THE PROCEEDS OF THE SALE OF SURPLUS PROPERTY, SO
AS TO PROVIDE THAT ALL PROCEEDS MUST BE APPLIED
TO THE CREDIT OF THE GOVERNMENTAL BODY OWNING
THE PROPERTY FOR THE PURCHASE OF LIKE ITEMS; TO
AMEND SECTION 44-53-530, AS AMENDED, RELATING TO
THE SEIZURE, FORFEITURE, AND SALE OF PROPERTY
USED IN ILLEGAL DRUG TRANSACTIONS, SO AS TO
PROVIDE THAT PUBLIC AUCTIONS OF THIS PROPERTY
MUST BE CONDUCTED BY THE DIVISION OF GENERAL
SERVICES, AND THE DIVISION OF GENERAL SERVICES
MUST BE NOTIFIED ANNUALLY OF THE PROPERTY
WHICH HAS BEEN RETAINED BY THE SEIZING AGENCY;
TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-115
SO AS TO PROVIDE THAT PUBLIC AUCTIONS OF
PERSONAL PROPERTY SEIZED AND FORFEITED TO THE
DEPARTMENT OF NATURAL RESOURCES MUST BE
CONDUCTED BY THE DIVISION OF GENERAL SERVICES,
TO REQUIRE THE DIVISION TO BE NOTIFIED BY THE
DEPARTMENT OF CERTAIN PROPERTY RETAINED BY IT
FOR ITS OWN USE, AND TO PROVIDE EXCEPTIONS; AND
TO AMEND SECTION 50-11-740, AS AMENDED, RELATING
TO THE CONFISCATION, FORFEITURE, AND SALE OF
PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT
NIGHT, SO AS TO PROVIDE THAT THE DEPARTMENT OF
NATURAL RESOURCES ACTING THROUGH THE DIVISION
OF GENERAL SERVICES AS ITS AUTHORIZED AGENT
SHALL CONDUCT THE PUBLIC AUCTIONS AT WHICH THIS
PROPERTY IS SOLD AND THAT THE SALE MUST BE
CONDUCTED IN THE SAME MANNER SURPLUS PROPERTY
IS SOLD UNDER THE CONSOLIDATED PROCUREMENT
CODE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 3-9-10(f) of the 1976 Code is amended to
read:
"(f) The Division of General Services is authorized to act
as clearinghouse of information for the public and private nonprofit
institutions, organizations, and agencies referred to in
subparagraph item (a) of this section and other
institutions eligible to acquire federal excess and surplus
personal property, to locate both real and personal property
available for acquisition from the United States of America, to
ascertain the terms and conditions under which such
the property may be obtained, to receive requests from
the above-mentioned these institutions,
organizations, and agencies and to transmit to them all
available information in reference to such the
property, and to aid and assist such these
institutions, organizations, and agencies in every way
possible in the consummation of acquisitions or transactions
hereunder.
The Division of General Services is further authorized to
enter into agreements with any federal agency pursuant to federal
law or authorization whereby the division shall conduct and direct
the disposal of excess and surplus property of that agency or the
federal government. No other state agency that receives state
appropriated funds or local governmental agency or department may
perform these functions or enter into agreements to dispose of
federal government excess and surplus property."
SECTION 2. The 1976 Code is amended by adding:
"Section 11-35-715. Notwithstanding any other provision
of law or the fact that particular state governmental bodies as
defined in Section 11-35-310(18) may have been granted certain
exceptions from procurement code provisions under Section
11-35-710, all state governmental bodies receiving state
appropriated funds on and after the effective date of this section,
including the Department of Transportation, must comply with the
provisions of Section 11-35-3820 requiring the use of the Division
of General Services when disposing of surplus property."
SECTION 3. Section 11-35-3820 of the 1976 Code is amended
to read:
"Section 11-35-3820. Except as provided in Sections
11-35-1580 and Section 11-35-3830 and the regulations pursuant
thereto, the sale of all state owned supplies, property, or
personal property not in actual public use shall must
be conducted and directed by the Division of General Services.
Such These sales shall must be held
at such places and in such manner as in the judgment of the
Division of General Services will be most advantageous to the
State. Unless otherwise determined sales shall must
be by either public auction or competitive sealed bid to the highest
bidder. Each governmental body shall inventory and report to the
Division division all surplus personal property not
in actual public use held by that agency for sale.
The Division of General Services shall deposit the proceeds from
such sales, less expense of the sales, in the state general fund or
as otherwise directed by regulation to the credit of that
governmental body for the purchase of like items. This policy
and procedure shall apply to all governmental bodies unless exempt
by law."
SECTION 4. Section 44-53-530 of the 1976 Code, as last
amended by Act 333 of 1992, is further amended by adding a new
subsection to be appropriately numbered to read:
"( ) Where seized and forfeited property, including cash,
held by a state or local law enforcement agency under this section
is required to be sold at public auction by the seizing agency, the
sale must be conducted by the Budget and Control Board Division
of General Services if the property is held by a state law
enforcement agency and may be conducted by the Division of
General Services if the property is held by a local law enforcement
agency. These sales shall must be conducted by the
Division of General Services in the same manner surplus property is
sold at public auction under the Consolidated Procurement Code.
The proceeds of such sale after the expenses of sale must be used in
the manner required by this section. Where seized and forfeited
property under this section is retained by a state law enforcement
seizing agency for its own use or the use of another agency, that
state agency must provide the Division of General Services before
the first day of March of each year with a list of such
the property retained by it or transferred to another agency
during the previous calendar year."
SECTION 5. The 1976 Code is amended by adding:
"Section 50-3-115. Where the department is authorized to
sell an item of personal property at public auction under the
provisions of Sections 50-15-80, 50-23-205, or another provision of
law, the sale must be conducted by the Budget and Control Board
Division of General Services in the manner surplus property is
disposed of under the Consolidated Procurement Code, except that
the manner of sale under Section 50-11-740 must be as provided in
that section. Where the department is authorized to retain the items
of personal property for its own use or the use of another agency, it
must provide the Division of General Services before the first day
of March of each year with a list of that property retained by it or
transferred to another agency during the previous calendar year.
The provisions of this section requiring the sales of confiscated
property to be conducted by the Division of General Services do
not apply to perishable goods, commodities, or products seized and
confiscated as provided by law."
SECTION 6. Section 50-11-740 of the 1976 Code, as amended
by Section 1262, Act 181 of 1993, is further amended to read:
"Section 50-11-740. Every vehicle, boat, animal, and
firearm used in the hunting of deer or bear at night is forfeited to
the State and must be confiscated by any peace officer who shall
forthwith deliver it to the department.
`Hunting' as used in this section in reference to a vehicle or boat
includes the transportation of a hunter to or from the place of
hunting or the transportation of the carcass, or any part of the
carcass, of a deer or bear which has been unlawfully killed at night.
For purposes of this section, a conviction for unlawfully hunting
deer or bear at night is conclusive as against any convicted owner
of the above-mentioned property.
In all other instances, forfeiture must be accomplished by the
initiation by the State of an action in the circuit court in the county
in which the property was seized giving notice to owners of record
and lienholders of record or other persons having claimed an
interest in the property subject to forfeiture and an opportunity to
appear and show, if they can, why the property should not be
forfeited and disposed of as provided for by this section. Failure of
any a person claiming an interest in the property to
appear at the above proceeding after having been given notice of
the proceeding constitutes a waiver of his claim and the property
must be immediately forfeited immediately to the
State.
Notice of the above proceedings must be accomplished by:
(a) personal service of the owner of record or lienholder of
record by certified copy of the petition or notice of hearing or;
(b) in the case of property for which there is no owner or
lienholder of record, publication of notice in a newspaper of local
circulation in the county where the property was seized for at least
two successive weeks before the hearing.
The department acting through the Budget and Control Board
Division of General Services as its authorized agent shall sell
any a confiscated device at public auction for
cash to the highest bidder in front of the county courthouse in the
county where it is confiscated, after having given ten days' public
notice of the sale by posting advertisement thereof on the door or
bulletin board of the county courthouse or by publishing the
advertisement at least once in a newspaper of general circulation in
the county. The sale must be conducted by the Division of
General Services in the same manner surplus property is sold at
public auction under the Consolidated Procurement Code.
Upon sale, the department division shall pay over
the net proceeds, after payment of the proper costs and expenses, if
any, of the seizure, advertisement, and sale, including any proper
expense incurred for the storage of the confiscated device, to the
State Treasurer for deposit in the game protection fund. When the
device is of greater value than one thousand dollars, the
owner, may at any time before sale,
may redeem it by paying to the department
division the sum of one thousand dollars. When the device
is of lesser value than one thousand dollars, the owner,
may at any time before sale, may redeem it by
paying to the department division the retail market
value. The sums received by the department
division must be deposited in the game protection fund
pursuant to the provisions of this section."
SECTION 7. This act takes effect July 1, 1995.
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