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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Ford
Document Path: l:\council\bills\pt\1097zcw03.doc
Introduced in the Senate on January 28, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Private property, unlawful parking of motor vehicles, delete provision concerning liens on vehicles that are towed and sold
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/28/2003 Senate Introduced and read first time SJ-5 1/28/2003 Senate Referred to Committee on Judiciary SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PARKING OF MOTOR VEHICLES ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO REMOVE THE REQUIREMENT THAT THE PROPERTY OWNER POST CONSPICUOUS NOTICE THAT PARKING IS PROHIBITED, TO PROVIDE THAT A TOWING COMPANY MAY NOTIFY THE LAW ENFORCEMENT AGENCY OF THE JURISDICTION FROM WHERE THE VEHICLE IS TOWED PURSUANT TO SECTION 56-5-2525, TO PROVIDE THAT THE SALE OF CERTAIN TOWED VEHICLES BE CONDUCTED IN ACCORDANCE WITH SECTION 29-15-10, AND TO REMOVE THE CONDITION THAT ANY SALE OF A TOWED VEHICLE PURSUANT TO THIS SECTION IS SUBJECT TO ANY OUTSTANDING LIENS RECORDED ON THE TITLE CERTIFICATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-760 of the 1976 Code is amended to read:
"Section 16-11-760. It
shall be is unlawful for any person to park a motor-driven or other vehicle on the private property of another without the owner's consent , if the property owner shall post a notice in a conspicuous place on the borders of such property near each entrance prohibiting such parking. Proof of the posting shall be deemed and taken as notice conclusive against the person making entry of the property owner or persons in control of the property.
Any motor-driven or other vehicle found parked on private property
as provided in this section may be towed away and stored at the expense of the vehicle owner , or lienholder and such the towing and storage charge shall constitute a lien against such vehicle charges for towing, storing, preserving, or protecting the vehicle as well as expenses incurred to notify the vehicle owner and lienholder pursuant to Section 29-15-10 shall constitute a lien against the vehicle if the towing company notifies the law enforcement agency of the jurisdiction of the location from where the vehicle is towed pursuant to Section 56-5-2525.
It shall be lawful for any proprietor, owner and operator of any storage place, garage or towing service of whatever kind, which shall have towed away and stored any such vehicle, to have the vehicle sold at public outcry to the highest bidder upon the expiration of thirty days after written notice by certified mail has been given to the owner of the vehicle at his last known address that the towing and storage charges are due and such vehicle shall be sold by any regular or special constable appointed by any court of competent jurisdiction in the county in which the towing was performed or the vehicle was stored. Any regular or special constable shall, before selling the vehicle, advertise it for at least fifteen days by posting a notice in three public places in the county of sale, one of which shall be the courthouse door or bulletin board. He shall, after deducting all proper costs and commissions, 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 the court, subject to the order of the owner thereof, or his legal representatives, and shall issue a bill of sale to the highest bidder. The regular or special constable who shall sell the vehicle shall be entitled to receive the same commissions as are allowed by law for the sale of personal property by constables. Any such sale shall be made for cash to the highest bidder after the notice shall have been given and the true result of such sale shall be forthwith made known to the original owner of the article so sold by notice addressed to the last known address of such owner. If the vehicle is not redeemed by the owner, lienholder, or persons in charge of the vehicle, then it may be sold in accordance with the provisions of Section 29-15-10.
Provided, however, that any such sale shall be subject to any outstanding lien recorded on the title certificate for such vehicle, which lien shall remain in full force and effect to the same extent as if such sale had not been held. In the event that the title certificate shows an unsatisfied lien, notice shall also be given to the lienholder in addition to the owner as above provided, and in addition thereto the officer selling said vehicle shall furnish to the lienholder the name and address of the purchaser of said vehicle. The bill of sale to the highest bidder shall clearly state that said vehicle is subject to the lien or liens of recorded lienholders. The purchaser of a vehicle that is sold in accordance with the provisions of this section is authorized to apply for and entitled to receive a certificate of title to the vehicle from the South Carolina Division of Motor Vehicles that is free and clear of all liens, encumbrances, and taxes due from the previous owner.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars or by imprisonment for a term not exceeding thirty days, and this punishment is in addition to the other remedies which are authorized in this section.
When a vehicle has been reported stolen to a law enforcement agency, the owner or lienholder may not be charged with a violation of this section; however, he may be held liable for reasonable towing and storage costs. Any dispute over the towing and storage costs shall be determined by a magistrate in the county in which the vehicle was towed or stored."
SECTION 2. This act takes effect upon approval by the Governor.
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