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1347Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000419Primary Sponsor: LeventisAll Sponsors: LeventisDrafted Document Number: l:\council\bills\psd\7196cm00.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJDate of Last Amendment: 20000425Subject: Motor vehicles, Abandoned or Unclaimed; Notice to owners, lienholders; Sale of, use of proceeds; Law EnforcementHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000426 Introduced, read first time, 25 HJ referred to Committee ------ 20000426 Scrivener's error corrected Senate 20000425 Amended, read third time, sent to House ------ 20000424 Scrivener's error corrected Senate 20000420 Amended, read second time, notice of general amendments Senate 20000419 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on April 19, 2000 - Word format Revised on April 20, 2000 - Word format Revised on April 24, 2000 - Word format Revised on April 25, 2000 - Word format Revised on April 26, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 25, 2000
S. Printed 4/25/00--S. [SEC 4/26/00 1:24 PM]
Read the first time April 19, 2000.
TO AMEND SECTION 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SHERIFF OR CHIEF OF POLICE PROVIDING NOTICE TO OWNERS AND LIENHOLDERS OF ABANDONED MOTOR VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, PENALTIES IMPOSED UPON A LIENHOLDER, HIS AGENT, OR SERVANT WHO ABANDONS A MOTOR VEHICLE, AND THE NONIMPOSITION OF PENALTIES AGAINST THE OWNER OF A STOLEN MOTOR VEHICLE WHICH HAS BEEN ABANDONED, SO AS TO PROVIDE THAT A TOW COMPANY THAT HAS TAKEN CUSTODY OF A MOTOR VEHICLE IS AUTHORIZED TO PROVIDE THE REQUIRED NOTICE CONTAINED IN THIS PROVISION; AND TO AMEND SECTION 56-5-5640, RELATING TO THE SALE OF UNCLAIMED VEHICLES, SO AS TO PROVIDE THAT THE PERSONS WHO INCURRED CERTAIN EXPENSES RELATING TO THE SALE OF AN UNCLAIMED VEHICLE SHALL BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF THE VEHICLE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 chief of police, or tow company that has custody of the motor vehicle shall notify within fifteen 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 three weeks 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."
SECTION 2. 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 chief of police 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 shall be entitled to register the purchased vehicle and receive a certificate of title. The sales receipt at such sale shall 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 shall 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, shall be reimbursed from the proceeds of the sale of the vehicle to the persons who incurred those expenses. Any remainder from the proceeds of the sale shall be held for the owner of the vehicle or entitled lienholder for ninety days and then shall be deposited in the general fund of the county or municipality."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-2527. A company that stores a towed vehicle shall not assess storage fees against the vehicle in excess of twenty-five dollars a day."
SECTION 4. This act takes effect upon approval by the Governor.
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