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Bill 3400

                    Current Status

Bill Number:                      3400
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010131
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison, Rodgers
Drafted Document Number:          l:\council\bills\ggs\22793cm01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          DUI or DUS, motor vehicle property 
                                  forfeiture when; may sell at public auction; 
                                  Transportation, Traffic violations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010221  Co-Sponsor added (Rule 5.2) by Rep.            Rodgers
House   20010131  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF A MOTOR VEHICLE SEIZED FROM A PERSON CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH SUBSTANCES, SO AS TO PROVIDE THAT THE DESIGNEE OF A SHERIFF, OR CHIEF OF POLICE, IS AUTHORIZED TO SELL CERTAIN VEHICLES AT PUBLIC AUCTION.

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

SECTION    1.    Section 56-5-6240(C)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

    "(3)    if the fair market value of the vehicle is five hundred dollars or more and the vehicle is not reclaimed as provided in this section, the sheriff, or chief of police, or their designee shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle 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, and reasonable towing and storage charges which resulted from placing the vehicle in custody, all notice and publication costs, and all legal 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;"

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

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