H*3160(Rat #0044, Act #0018 of 1997)  General Bill, By Witherspoon
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES
 A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND
 FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT
 TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/14/97  House  Introduced and read first time HJ-66
   01/14/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-67
   02/05/97  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-2
   02/11/97  House  Debate adjourned until Wednesday, February 12,
                     1997 HJ-7
   02/12/97  House  Debate adjourned until Thursday, February 13,
                     1997 HJ-20
   02/13/97  House  Amended HJ-6
   02/13/97  House  Read second time HJ-6
   02/13/97  House  Unanimous consent for third reading on next
                     legislative day HJ-7
   02/14/97  House  Read third time and sent to Senate HJ-1
   02/18/97  Senate Introduced and read first time SJ-8
   02/18/97  Senate Referred to Committee on Fish, Game and Forestry SJ-8
   03/20/97  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-15
   03/25/97  Senate Read second time SJ-13
   03/26/97  Senate Read third time and enrolled SJ-18
   04/17/97         Ratified R 44
   04/23/97         Signed By Governor
   04/23/97         Effective date 04/23/97
   05/07/97         Copies available
   05/07/97         Act No. 18

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.

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

Disposal of confiscated property

SECTION 1. The 1976 Code is amended by adding:

"Section 50-11-745. (A) Notwithstanding another provision of law, the Department of Natural Resources may administratively release any vehicle, boat, firearm, or hunting device confiscated from a person charged with a violation of this chapter to an innocent owner or lienholder of the property.

(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department of Natural Resources may maintain or dispose of the property.

(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:

(1) proof of ownership or a lienholder interest in the confiscated property;

(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released."

Disposal of confiscated property

SECTION 2. The 1976 Code is amended by adding:

"Section 50-13-1199. (A) Notwithstanding another provision of law, the Department of Natural Resources may administratively release any vehicle, boat, motor, or fishing device confiscated from a person charged with a violation of this chapter to an innocent owner or lienholder of the property.

(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department of Natural Resources may maintain or dispose of the property.

(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:

(1) proof of ownership or a lienholder interest in the confiscated property;

(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released."

Time effective

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

Approved the 23rd day of April, 1997.