S 530 Session 110 (1993-1994)
S 0530 General Bill, By Peeler
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 surplus property of those federal agencies, and to provide
that no other state 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 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 s
03/10/93 Senate Introduced and read first time SJ-2
03/10/93 Senate Referred to Committee on Finance
02/02/94 Senate Committee report: Majority favorable with amend.,
minority unfavorable Finance SJ-10
04/28/94 Senate Minority report withdrawn SJ-55
04/28/94 Senate Amended SJ-55
04/28/94 Senate Read second time SJ-57
04/28/94 Senate Unanimous consent for third reading on next
legislative day SJ-57
04/29/94 Senate Read third time and sent to House SJ-294
05/03/94 House Introduced and read first time HJ-9
05/03/94 House Referred to Committee on Ways and Means HJ-10
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 28, 1994
S. 530
Introduced by SENATOR Peeler
S. Printed 4/28/94--S.
Read the first time March 10, 1993.
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
SURPLUS PROPERTY OF THOSE FEDERAL AGENCIES, AND TO
PROVIDE THAT NO OTHER STATE 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 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 WILDLIFE AND MARINE RESOURCES MUST
BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES
AND TO REQUIRE THE DIVISION TO BE NOTIFIED BY THE
DEPARTMENT OF CERTAIN PROPERTY RETAINED BY IT FOR
ITS OWN USE; TO AMEND SECTION 50-11-740, 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 DIVISION OF GENERAL SERVICES
ACTING FOR THE DIRECTOR OF THE DEPARTMENT SHALL
CONDUCT THE PUBLIC AUCTIONS AT WHICH THIS PROPERTY
IS SOLD; AND TO AMEND ACT 501 OF 1992, RELATING TO THE
GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1992-93,
SO AS TO DELETE AND REVISE CERTAIN PROVISOS
RELATING TO THE SALE OR DISPOSAL OF SURPLUS STATE
PROPERTY BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION AND THE INFORMATION TECHNOLOGY
PROCUREMENT OFFICE SO THAT THESE SALES OR
DISPOSALS MUST BE CONDUCTED BY THE DIVISION OF
GENERAL SERVICES IN THE MANNER REQUIRED BY LAW.
Amend Title To Conform
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 Section
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 604 of 1990, is 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 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 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
any items of personal property at public auction under the provisions of
Sections 50-15-80, 50-23-205, or any other 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 such 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 is 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 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 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 director or his authorized agent acting through the
Budget and Control Board Division of General Services as his
authorized agent shall sell any 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 director Division of
General Services 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 redeem it by paying to the
director 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 redeem it by paying to the director
division the retail market value. The sums received by the
director division must be deposited in the game
protection fund pursuant to the provisions of this section."
SECTION 7. Paragraph 14E.6, Section 14E of Part I of Act 501 of
1992 is deleted.
SECTION 8. Paragraph 124.9, Section 124 of Part I of Act 501 of
1992, is amended to read:
"124.9. The Department of Highways and Public
Transportation may sell any materials, supplies, or equipment classified
as obsolete, surplus, or junk for which the department has no further
need, or offer same for trade-in in the purchase of new materials or
equipment. All such sales of obsolete, surplus, or junk materials
or equipment by of the department shall be
conducted by the Division of General Services in the manner
required by law. at public auction, unless the department deems
another sales method is more advantageous, with the approval of
General Services, not less than ten days after having been advertised in
a newspaper of statewide circulation at least once. The department may
reserve the right to reject any or all bids. Items having a value of less
than one hundred dollars may be disposed of by sale in the most
advantageous way to the department; and the department may make
negotiated sales of surplus materials, equipment and supplies to county,
state, and municipal agencies on a mutually agreed upon basis. All
proceeds from the sale of such obsolete, surplus, or junk
material, supplies, and equipment shall must be credited
to the Highway Highways and Public Transportation
Fund."
SECTION 9. This act takes effect upon approval by the Governor.
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