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Current Status Bill Number:View additional legislative information at the LPITS web site.80 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010110 Primary Sponsor:Leventis All Sponsors:Leventis, Ford, Reese Drafted Document Number:l:\council\bills\ggs\22734cm01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Towing of vehicle or object, procedures for law enforcement officer in directing; Crimes and Offenses, Motor Vehicles History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010110 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-770 SO AS TO PROVIDE PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO DIRECT THE TOWING OF A VEHICLE OR OBJECT, THE NOTIFICATION OF THE OWNER OF THE VEHICLE OR OBJECT, AND THE SALE OF THE VEHICLE OR OBJECT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-11-770. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle or object be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction.
(B) Within fifteen days after having a vehicle or object towed, a law enforcement officer must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on their proper forms.
(C) A proprietor, owner and operator of a storage place, garage, or towing service, which has towed away and stored a vehicle or object, has a lien against the vehicle or object, and may have the vehicle or object sold at public auction. Storage costs can be charged for a period not to exceed thirty days after which the owner, lienholder of record, or both must be notified of all current charges and additional storage costs that have accrued on the date a certified notice is mailed. Thirty days after the notice is mailed, the vehicle or object may be sold by a regular or special constable appointed by a court of competent jurisdiction in the county in which the towing was performed or, in which the vehicle or object is stored. A regular or special constable, before selling the vehicle or object, shall advertise the sale for at least fifteen days before the sale by posting a notice in three public places in the county, one of which must be the courthouse door or bulletin board. After deducting all proper costs and commissions, he 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, subject to the order of the owner or his legal representative, and shall issue a bill of sale to the highest bidder. The regular or special constable who sells the vehicle or object is entitled to receive the same commissions allowed by law for the sale of personal property by a constable. These sales must be made for cash to the highest bidder after notice is given and the owner must be informed of the sale by notice sent to the last known address of the owner. A clear title then must be issued for the vehicle or object."
SECTION 2. This act takes effect upon approval by the Governor.
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