H 4706 General Bill, By R. Brown and Vick
 A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE TOWING AND STORAGE OF VEHICLES THAT ARE TOWED UNDER THE
 DIRECTION OF A LAW ENFORCEMENT OFFICER, SO AS TO PROVIDE THAT WHEN A
 LIENHOLDER RECEIVES NOTIFICATION FROM A TOWING COMPANY, STORAGE FACILITY,
 GARAGE, OR REPAIR SHOP THAT A VEHICLE IS BEING SOLD, THE VEHICLE MUST BE
 RELEASED TO THE LIENHOLDER WHO IS RESPONSIBLE FOR PAYING TOWING AND STORAGE
 COSTS.

   02/22/06  House  Introduced and read first time HJ-43
   02/22/06  House  Referred to Committee on Judiciary HJ-44

TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING AND STORAGE OF VEHICLES THAT ARE TOWED UNDER THE DIRECTION OF A LAW ENFORCEMENT OFFICER, SO AS TO PROVIDE THAT WHEN A LIENHOLDER RECEIVES NOTIFICATION FROM A TOWING COMPANY, STORAGE FACILITY, GARAGE, OR REPAIR SHOP THAT A VEHICLE IS BEING SOLD, THE VEHICLE MUST BE RELEASED TO THE LIENHOLDER WHO IS RESPONSIBLE FOR PAYING TOWING AND STORAGE COSTS.

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

SECTION    1.    Section 56-5-5635(B) of the 1976 Code is amended to read:

"(B)    Within ten days following a law enforcement's towing request, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop must provide to the sheriff or chief of police a list describing the vehicles remaining in the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. A person who fails to provide the law enforcement agency with this list forfeits recovery of any storage fees that have accrued from the date of towing until the day after the mailing of the notification to the owner and all lienholders by certified or registered mail, return receipt requested, pursuant to Section 29-15-10. Within ten days of receipt of this list, the sheriff or chief of police must provide to the towing company or storage facility, the current owner's name, address, and a record of all lienholders along with the make, model, and identification number or a description of the vehicle at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle must notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody. When a lienholder receives notification from the towing company, storage facility, garage, or repair shop that the vehicle is being sold, the vehicle must be released to the lienholder who is responsible for paying towing and storage costs."

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