Current Status Introducing Body:House Bill Number:4898 Primary Sponsor:Sharpe Committee Number:25 Type of Legislation:GB Subject:Liens on vehicles, unclaimed or stolen Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/3178AL.94 Introduced Date:19940309 Last History Body:House Last History Date:19940309 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sharpe Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4898 House 19940309 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO EXPAND CIRCUMSTANCES UNDER WHICH A LIEN OCCURS, TO EXPAND THE NOTICE PROVISIONS, AND TO PROVIDE FOR THE SCHEDULING OF THE SALE; TO AMEND SECTION 56-5-5640, RELATING TO SALE OF UNCLAIMED VEHICLES, SO AS TO ALLOW FOR THE SALE BY A MAGISTRATE PURSUANT TO SECTION 29-15-10; AND TO AMEND SECTION 56-5-5900, RELATING TO LIABILITY OF LIENHOLDERS OF STOLEN VEHICLES, SO AS TO PROVIDE THAT OWNERS OR LIENHOLDERS OF STOLEN VEHICLES ARE NOT EXEMPT FROM TOWING AND STORAGE COSTS WHEN A VEHICLE IS RECOVERED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 29-15-10 of the 1976 Code is amended to read:
"Section 29-15-10. It is lawful for any person, proprietor, owner, or operator of any a storage place, garage, or repair shop of whatever any kind or a repairman who makes repairs upon any article under a written or implied contract, or who furnishes any material for the repairs to sell the property as provided in this section. When property has been left at his a shop or location for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, or the property was stored for reasons other than repairs or pursuant to a storage contact and has not been reclaimed and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given mailed to the owner of the property and to any recorded lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due that the property is stored there and that charges for repairs, materials, storage, recoupment of fees incurred to determine ownership or lienholders and their notice, or other accrued charges are due. The notice must be sent by certified mail to the last address known. If the notice is returned by the post office, the attempt to notify constitutes notice.
The property must be sold by any a magistrate of the county in which the work was done or the vehicle or thing was stored. However, only those storage charges which accrued after the day on which written notice was mailed to the lienholder constitutes a lien against the vehicle or property to be sold a lienholder's liability for storage is only for those storage charges occurring after the day written notice is mailed to the lienholder. The magistrate shall, before selling the property, insure shall ensure that any a lienholder of record has been notified or an attempt has been made to notify him of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. If the identity of the owner or lienholder cannot be determined, notice by one publication in a newspaper of general circulation in the area where the property is stored is sufficient to meet all the requirements of notice. The notice by publication may contain multiple listings of unclaimed property. The notice shall describe the property and list the storage location address and must be published at least ten days before the sale of the property.
He shall, After deducting all proper costs and commissions, the magistrate shall pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court of the county subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The purchaser takes possession and title to the property free of any and all previous liens. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables. The public auction must be scheduled at a time convenient to the magistrate conducting the auction and at the location where the property is stored.
When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last-known address of the owner."
SECTION 2. Section 56-5-5640 of the 1975 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 chief of police shall sell the abandoned vehicle at a public auction, or a magistrate in the county shall sell the vehicle in accordance with Section 29-15-10. The purchaser of the vehicle shall take takes title to it free and clear of all liens and claims of ownership, shall receive receives a sales receipt from the sheriff, or chief of police, or magistrate and shall be entitled to may register the purchased vehicle and receive a certificate of title. The sales receipt at such sale shall be, in the event the purchaser plans to dispose of the vehicle for salvage, is 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 shall be is 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 or 29-15-10, shall must be reimbursed from the proceeds of the sale of the vehicle. Only the agency actually holding the sale is entitled to reimbursement of costs incurred. Any remainder from the proceeds of the sale shall must be held for the owner of the vehicle or entitled lienholder for ninety days and then shall must be deposited in the general fund of the county or municipality."
SECTION 3. Section 56-5-5900 of the 1976 Code is amended to read:
"Section 56-5-5900. No A lienholder shall be is not subject to any a penalty imposed by law in this State for abandonment unless the motor vehicle is abandoned by the lienholder or his agent or servant. No An owner of a motor vehicle which has been stolen and thereafter abandoned, as defined by this article, shall be is not liable for any charges or penalties imposed herein in this article. This section does not exempt the owner or lienholder from liability for towing and storage costs when a vehicle is recovered. A motor vehicle shall be deemed to be is considered stolen when the owner notifies a police officer of this State and such the report is accepted and carried on the records of the sheriff, chief of police, or department as a stolen motor vehicle."
SECTION 4. This act takes effect upon approval by the Governor.