South Carolina General Assembly
113th Session, 1999-2000

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Bill 37

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 7, 1999

S. 37

Introduced by Senators Hayes, Elliott, Giese and Rankin

S. Printed 4/7/99--S.

Read the first time January 12, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 37), to amend Section 27-40-710, Code of Laws of South Carolina, 1976, relating to personal property belonging to a residential tenant who has been evicted, etc., respectfully

REPORT:

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

Amend the bill, as and if amended, page 1, line 34, in Section 27-40-710(D), as contained in SECTION 1, by striking /may/ and inserting / may shall /.

Renumber sections to conform.

Amend title to conform.

JAMES E. BRYAN, JR., for Committee.

A BILL

TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO PROVIDE THAT IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).

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

SECTION 1. Section 27-40-710(D) of the 1976 Code is amended to read:

"(D) 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. If the premises is located in a municipality or county that does not collect trash or debris from the public highways, then after a period of forty-eight hours, the landlord may remove the personal property from the premises and dispose of it in the manner that trash or debris is normally disposed of in such municipalities or counties. 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."

SECTION 2. Section 27-40-735 of the 1976 Code is hereby repealed.

SECTION 3. This act takes effect upon approval by the Governor.

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