H 4429 General Bill, By J.W. Tucker, Alexander, Bailey, R.A. Barber, 
D.W. Beatty, J. Brown, K.T. Burch, C.D. Chamblee, Cobb-Hunter, R.S. Corning, 
L.L. Elliott, T.L. Farr, S.E. Gonzales, Harrison, Haskins, D.N. Holt, 
M.A. Hyatt, K.G. Kempe, M.H. Kinon, Littlejohn, C.V. Marchbanks, Martin, 
D.E. Martin, J.G. Mattos, J.G. McAbee, McCraw, A.C. McGinnis, Meacham, Phillips, 
Rhoad, Riser, R. Smith, C.H. Stone, Vaughn, C.C. Wells, S.S. Wofford and 
D.A. Wright
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
 27-21-22 and 27-21-24 so as to provide the manner in which a sheriff or chief
 of police shall use abandoned or recovered stolen property and provide for the
 notification to owners of abandoned or recovered stolen property by the
 sheriff or chief of police of a municipality; and to amend Section 27-21-20,
 relating to the authorization of a sheriff to sell abandoned or recovered
 stolen property at public auction when the owner cannot be found and the
 requirements for advertisement of the sale and the disposition of the proceeds
 of the sale, so as to revise the procedure for selling this property and
 authorize the chief of police of a municipality to sell the same property.

   02/19/92  House  Introduced and read first time HJ-13
   02/19/92  House  Referred to Committee on Judiciary HJ-14
   03/25/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-11
   04/02/92  House  Debate adjourned until Tuesday, April 7, 1992 HJ-39
   04/07/92  House  Debate adjourned until Wednesday, April 8, 1992 HJ-37
   04/08/92  House  Amended HJ-18
   04/08/92  House  Read second time HJ-18
   04/09/92  House  Read third time and sent to Senate HJ-85
   04/14/92  Senate Introduced and read first time SJ-6
   04/14/92  Senate Referred to Committee on Judiciary SJ-6

AMENDED

April 8, 1992

H. 4429

Introduced by REPS. Tucker, Haskins, Cobb-Hunter, Stone, McCraw, G. Bailey, Corning, Wells, Wofford, L. Elliott, Mattos, McAbee, D. Martin, Holt, Phillips, Kempe, J. Brown, K. Burch, Riser, Beatty, Wright, Harrison, Smith, Kinon, T.C. Alexander, Vaughn, McGinnis, Littlejohn, Rhoad, Barber, Chamblee, Gonzales, Meacham, Farr, L. Martin, Marchbanks and Hyatt

S. Printed 4/8/92--H.

Read the first time February 19, 1992.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.

Amend Title To Conform

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

SECTION 1. Section 27-21-20 of the 1976 Code is amended to read:

"Section 27-21-20. (A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained:

(1) the sheriff or chief of police shall notify the owner no later than ten working days after a recovery that the property has been recovered and may be reclaimed.

(2) an owner of the property must be notified by certified mail that his property has been recovered. The notice must contain a list of the specific items. An owner has sixty calendar days in which to claim the property. The notice also must include a statement that if the property is not claimed within sixty calendar days, the property will be sold at public auction to the highest bidder.

(B) The sheriff of any a county or chief of police of a municipality may sell at public auction any recovered stolen or abandoned property, and any property which has been abandoned within the county after he has held it for one hundred eighty days and declared it abandoned by the jurisdiction, when the true owner cannot be ascertained after reasonable effort. The sheriff or chief of police shall make a diligent effort to ascertain the true owner of such the property and at least twice prior to before the sale shall advertise the property with its full description in a newspaper having general circulation in the county or municipality having jurisdiction of the property and post the advertisement in the sheriff's office or the police department and at the courthouse. At any time after sixty thirty days shall have elapsed after publication of the first second advertisement, the sheriff or chief of police may sell to the highest bidder at a place designated by the sheriff or chief of police the abandoned or recovered stolen property as advertised at public auction on the courthouse steps, or at such other public location within the county as the property is located or can be exhibited safely, provided that the other location is properly specified in the notice of sale. The sheriff or chief of police shall turn over all proceeds of the sale, less necessary expenses of the sale, to the county or municipal treasurer who shall pay any debts incurred in holding the sale and shall then place the final proceeds who shall place such sums in a special fund.

(C) If after diligent efforts the owner of the property cannot be ascertained or if the property is not reclaimed or sold at public auction, the sheriff of a county or chief of police of a municipality may dispose of any recovered stolen or abandoned property as provided in this subsection.

(1) Property that is not suitable for sale including, but not limited to, clothing, food, prescription drugs, weapons, household cleaning products, chemicals, or items that appear nonusable including, but not limited to:

(a) electric components that appear to have been skeletonized, where parts have been removed and are no longer in working order; or

(b) items that have been broken up and only pieces exist may be destroyed by the jurisdiction holding the property.

(2) The sheriff or chief of police may use any property recovered by his jurisdiction if the property is placed on the jurisdiction's inventory as property of the jurisdiction.

(3) The sheriff or chief of police, with the consent of the appropriate governing body, may turn over to any organization exempt from tax under Section 501(c)3 of the Internal Revenue Code of 1986, items of abandoned or recovered property that may be used for the betterment of that organization. However, the accrued value of the items given to an individual organization as provided above by a sheriff or chief of police shall not exceed a value of one thousand dollars in the respective government entity's fiscal year.

(D) A jurisdiction recovering property pursuant to the provisions of this section shall maintain a permanent record of all property recovered and its disposition."

SECTION 2. Notwithstanding the provisions of Section 27-21-20 of the 1976 Code of Laws or any other provision of law, if any glassware or other drug paraphernalia which is unclaimed and which would be useful in a science laboratory is recovered pursuant to Section 27-21-20, every effort must first be to make it available to the public schools or technical colleges for use in their science programs or courses before it may be sold at public auction or otherwise disposed of in accordance with that section.

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