H*3403(Rat #0216, Act #0195 of 2002)  General Bill, By Harrison and Rodgers
 A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A
 SHERIFF OR HIS DESIGNEE, OR A CHIEF OF POLICE OR HIS DESIGNEE MAY SELL AN
 ABANDONED VEHICLE AT A PUBLIC AUCTION; TO AMEND SECTION 56-5-6240, AS AMENDED,
 RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED
 FROM PERSONS CONVICTED OF DRIVING UNDER SUSPENSION AND DRIVING UNDER THE
 INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO REVISE THE
 PROCEDURE FOR DISPOSAL OF A FORFEITED VEHICLE; BY ADDING SECTION 56-5-2522 SO
 AS TO PROVIDE THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS
 DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 27-21-20,
 AS AMENDED, RELATING TO THE DISPOSAL OF PROPERTY RECOVERED BY A SHERIFF OR
 CHIEF OF POLICE, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF THIS PROPERTY;
 AND TO AMEND SECTION 56-5-5630, RELATING TO THE NOTICE THAT MUST BE PROVIDED
 BY A LAW ENFORCEMENT AGENCY TO THE OWNER AND LIENHOLDER OF AN ABANDONED MOTOR
 VEHICLE IN THE AGENCY'S CUSTODY, THE PENALTY IMPOSED UPON A LIENHOLDER FOR
 ABANDONING A VEHICLE, AND THE PENALTY IMPOSED UPON AN OWNER OF A VEHICLE THAT
 HAS BEEN STOLEN AND SUBSEQUENTLY ABANDONED, SO AS TO PROVIDE THAT THE NOTICE
 THAT MUST BE ISSUED BY THE LAW ENFORCEMENT AGENCY MUST BE ISSUED BY EITHER THE
 SHERIFF OR HIS DESIGNEE, OR THE CHIEF OF POLICE OR HIS DESIGNEE, TO REVISE THE
 PERIOD WITHIN WHICH THE NOTICE MUST BE ISSUED, AND THE PERIOD WITHIN WHICH THE
 VEHICLE MUST BE RECLAIMED.-amended title

   01/31/01  House  Introduced and read first time HJ-9
   01/31/01  House  Referred to Committee on Judiciary HJ-9
   03/08/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-1
   03/20/01  House  Amended HJ-23
   03/20/01  House  Read second time HJ-24
   03/21/01  House  Read third time and sent to Senate HJ-16
   03/22/01  Senate Introduced and read first time SJ-19
   03/22/01  Senate Referred to Committee on Transportation SJ-19
   05/31/01  Senate Committee report: Favorable with amendment
                     Transportation SJ-13
   06/07/01  Senate Amended SJ-235
   06/07/01  Senate Read second time SJ-235
   06/07/01  Senate Ordered to third reading with notice of
                     amendments SJ-235
   02/19/02  Senate Amended SJ-13
   02/19/02  Senate Read third time and returned to House with
                     amendments SJ-13
   02/26/02  House  Debate adjourned until Wednesday, February 27,
                     2002 HJ-30
   02/27/02  House  Debate adjourned on amendments HJ-88
   02/27/02  House  Debate adjourned on amendments HJ-94
   02/27/02  House  Debate adjourned on amendments HJ-123
   02/28/02  House  Debate adjourned until Tuesday, March 5, 2002 HJ-27
   03/05/02  House  Debate adjourned until Wednesday, March 6, 2002 HJ-39
   03/06/02  House  Senate amendment amended HJ-22
   03/06/02  House  Returned to Senate with amendments HJ-23
   03/14/02  Senate Concurred in House amendment and enrolled SJ-8
   03/21/02         Ratified R 216
   03/28/02         Became law without Governor's signature
   04/16/02         Effective date 03/28/02
   04/16/02         Copies available
   04/24/02         Act No. 195

AN ACT TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF OR HIS DESIGNEE, OR A CHIEF OF POLICE OR HIS DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION; TO AMEND SECTION 56-5-6240, AS AMENDED, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING UNDER SUSPENSION AND DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF A FORFEITED VEHICLE; BY ADDING SECTION 56-5-2522 SO AS TO PROVIDE THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 27-21-20, AS AMENDED, RELATING TO THE DISPOSAL OF PROPERTY RECOVERED BY A SHERIFF OR CHIEF OF POLICE, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF THIS PROPERTY; AND TO AMEND SECTION 56-5-5630, RELATING TO THE NOTICE THAT MUST BE PROVIDED BY A LAW ENFORCEMENT AGENCY TO THE OWNER AND LIENHOLDER OF AN ABANDONED MOTOR VEHICLE IN THE AGENCY'S CUSTODY, THE PENALTY IMPOSED UPON A LIENHOLDER FOR ABANDONING A VEHICLE, AND THE PENALTY IMPOSED UPON AN OWNER OF A VEHICLE THAT HAS BEEN STOLEN AND SUBSEQUENTLY ABANDONED, SO AS TO PROVIDE THAT THE NOTICE THAT MUST BE ISSUED BY THE LAW ENFORCEMENT AGENCY MUST BE ISSUED BY EITHER THE SHERIFF OR HIS DESIGNEE, OR THE CHIEF OF POLICE OR HIS DESIGNEE, TO REVISE THE PERIOD WITHIN WHICH THE NOTICE MUST BE ISSUED, AND THE PERIOD WITHIN WHICH THE VEHICLE MUST BE RECLAIMED.

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

Abandoned vehicles

SECTION 1. Section 56-5-5640 of the 1976 Code is amended to read:

"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the sheriff or his designee, or chief of police or his designee shall sell the abandoned vehicle at a public auction. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a sales receipt from the sheriff or chief of police, and must be entitled to register the purchased vehicle and receive a certificate of title. The sales receipt at such sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in such case no further titling of the vehicle must be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to Section 56-5-5630, must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days and then must be deposited in the general fund of the county or municipality."

Forfeited vehicles

SECTION 2. Section 56-5-6240(C) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(C) A forfeited vehicle with a fair market value of more than five hundred dollars must be disposed of pursuant to Section 56-5-5640 for abandoned vehicles, except that any remaining proceeds from the sale must be deposited in the general fund of the county or municipality. If the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids.

(D) If the registered owner, new purchaser, or lienholder believes the towing, preservation, and storage costs are excessive, he may petition the magistrate in the jurisdiction where the vehicle was taken into custody to determine the fair market price of the services.

(E) Nothing contained in this section shall alter a contractual obligation in an existing insurance policy."

Towed vehicles

SECTION 3. The 1976 Code is amended by adding:

"Section 56-5-2522. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle or object and its contents be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction.

(B) Sixty days after a vehicle or object has been towed, a law enforcement officer of the jurisdiction that must notify the owners and lienholders as provided in Section 56-5-5630, must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms.

(C) A proprietor, owner, and operator of a storage place, garage, or towing service, which has towed and stored a vehicle or object, has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction. Storage costs can be charged for a period not to exceed sixty days after which the owner, lienholder of record, or both, must be notified of all current charges and additional storage costs that have accrued on the date a certified notice is mailed. Thirty days after the notice is mailed, the vehicle or object and its contents may be sold by a regular or special constable appointed by the sheriff or chief of police as provided by Section 56-5-5640."

Recovered property

SECTION 4. Section 27-21-20(A) and (B) of the 1976 Code, as last amended by Act 148 of 1993, is further amended to read:

"(A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained, the sheriff or chief of police must notify its owner as provided in Section 56-5-5630.

(B) If after sixty days the property is not reclaimed, the sheriff, or his designee, or the police chief, or his designee, may sell the property as provided by Section 56-5-5640."

Abandoned motor vehicles

SECTION 5. Section 56-5-5630(a) of the 1976 Code is amended to read:

"(a) When an abandoned motor vehicle has been taken into custody, the sheriff, or his designee, or chief of police, or his designee, shall notify within forty-five days, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within fifteen days after the date of the notice, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle at a public auction."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Ratified the 21st day of March, 2002.

Became law without the signature of the Governor -- 3/28/02.