South Carolina General Assembly
113th Session, 1999-2000

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Bill 3411

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 21, 1999

H. 3411

Introduced by Rep. W. McLeod

S. Printed 4/21/99--H.

Read the first time January 28, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3411), to amend Section 56-5-6240, as amended, Code of Laws of South Carolina, 1976, relating to the forfeiture, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Passage of this bill will not have an impact on the General Fund of the State nor on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

In a survey of 27 local governments, nine responded passage of this bill would have a minimal or no fiscal impact on their locality.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.

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

SECTION 1. Section 56-5-6240(C) of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:

"(C) If the person fails to file an appeal within ten days after the conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. as follows:

(1) the sheriff or chief of police 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 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;

(2) if the identity or address of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was forfeited is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered mail or certified mail and must have the same contents required for notice by registered mail;

(3) if the vehicle is not reclaimed as provided in this subsection, the sheriff or chief of police shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling without the necessity of additional titling of the vehicle. The costs of the hearing, auction, towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to this subsection, must be reimbursed from the proceeds of the sale of the vehicle. Any remaining proceeds from the sale must be deposited in the general fund of the county or municipality.

(D) The sheriff or chief of police, as circumstances require, may contract with a private attorney who shall represent him in any civil hearing required for the forfeiture of the vehicle. Attorney costs must be paid from the proceeds from the vehicle's sale during the auction.

(E) However, 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."

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

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