Current Status Introducing Body:Senate Bill Number:1248 Ratification Number:470 Act Number:405 Primary Sponsor:Robert W. Hayes Jr. Type of Legislation:GB Subject:Sheriff, chief of police; stolen property provisions Companion Bill Number:4429 Date Bill Passed both Bodies:May 13, 1992 Computer Document Number:436/12069.DW Governor's Action:S Date of Governor's Action:Jun 01, 1992 Introduced Date:Feb 04, 1992 Date of Last Amendment:May 06, 1992 Last History Body:------ Last History Date:Jun 01, 1992 Last History Type:Act No. 405 Scope of Legislation:Statewide All Sponsors:Robert W. Hayes Jr. Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1248 ------ Jun 01, 1992 Act No. 405
1248 ------ Jun 01, 1992 Signed by Governor
1248 ------ May 27, 1992 Ratified R 470
1248 Senate May 13, 1992 Concurred in House amendment,
enrolled for ratification
1248 House May 13, 1992 Read third time, returned
with amendment
1248 House May 12, 1992 Read second time
1248 House May 06, 1992 Debate adjourned until
Tuesday, May 12, 1992
1248 House May 06, 1992 Amended
1248 House Apr 15, 1992 Recalled from Committee 25
1248 House Mar 26, 1992 Introduced, read first time, 25
referred to Committee
1248 Senate Mar 25, 1992 Read third time, sent to House
1248 Senate Mar 19, 1992 Amended, read second time,
unanimous consent for third
reading on Friday, March 20,
1992
1248 Senate Mar 18, 1992 Committee Report: Favorable 11
with amendment
1248 Senate Feb 04, 1992 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A405, R470, S1248)
AN ACT TO AMEND SECTION 27-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A SHERIFF MUST USE WHEN SELLING STOLEN OR ABANDONED PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE ASCERTAINED, SO AS TO AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THIS TYPE OF PROPERTY AND TO REVISE THE PROCEDURE FOR THE SELLING OF THE PROPERTY; TO PROVIDE THAT GLASSWARE OR OTHER DRUG PARAPHERNALIA WHICH IS RECOVERED PURSUANT TO SECTION 27-21-20 AND IS UNCLAIMED AND WHICH WOULD BE USEFUL IN A SCIENCE LABORATORY MUST BE MADE AVAILABLE FIRST TO PUBLIC SCHOOLS AND SECOND TO PUBLIC INSTITUTIONS OF HIGHER LEARNING BEFORE IT MAY BE SOLD AT PUBLIC AUCTION OR OTHERWISE DISPOSED OF; AND TO AMEND THE 1976 CODE BY ADDING SECTION 27-40-735 SO AS TO PROVIDE A PROCEDURE FOR THE REMOVAL OF PERSONAL PROPERTY BELONGING TO A TENANT REMOVED FROM A PREMISES AS A RESULT OF AN EVICTION PROCEEDING WHICH IS PLACED ON A PUBLIC STREET OR HIGHWAY AND PROVIDE IMMUNITY FROM LIABILITY FOR OFFICIALS OR EMPLOYEES IF THE TENANT IS NOT INFORMED IN THE NOTICE OF EVICTION OF THE PROVISIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Disposition of property
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 a county or chief of police of a municipality may sell at public auction any recovered stolen or abandoned property after he has held it for one hundred eighty days and declared it abandoned by the jurisdiction. The sheriff or chief of police shall make a diligent effort to ascertain the true owner of the property and at least twice before the sale 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 thirty days have elapsed after publication of the 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. The sheriff or chief of police shall turn over all proceeds 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 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."
Drug paraphernalia
SECTION 2. Notwithstanding the provisions of Section 27-21-20 of the 1976 Code 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, it must be made available first to the public schools and second to the public institutions of higher learning in the State 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.
Property of evicted tenants
SECTION 3. The 1976 Code is amended by adding:
"Section 27-40-735. Personal property belonging to a tenant removed from a premises as a result of an eviction proceeding under this chapter which is placed on a public street or highway may be removed by the appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also be removed by these officials in the normal course of debris or trash collection before or after a period of forty-eight hours. The notice of eviction must clearly inform the tenant of the provisions of this section. The municipality or county and the appropriate officials or employees thereof have no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this section."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 1st day of June, 1992.