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A269, R423, H4649
STATUS INFORMATION
General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\swb\5772cm04.doc
Introduced in the House on January 29, 2004
Introduced in the Senate on March 9, 2004
Last Amended on June 3, 2004
Passed by the General Assembly on June 3, 2004
Governor's Action: July 6, 2004, Signed
Summary: Traffic collisions involving law enforcement vehicle, definition; field investigation required to identify witnesses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/29/2004 House Introduced and read first time HJ-10
1/29/2004 House Referred to Committee on Judiciary HJ-11
3/3/2004 House Committee report: Favorable Judiciary HJ-2
3/4/2004 House Read second time HJ-16
3/4/2004 House Unanimous consent for third reading on next legislative
day HJ-17
3/5/2004 House Read third time and sent to Senate HJ-2
3/9/2004 Senate Introduced and read first time SJ-16
3/9/2004 Senate Referred to Committee on Judiciary SJ-16
5/12/2004 Senate Committee report: Favorable with amendment Judiciary
SJ-18
5/13/2004 Senate Amended SJ-16
5/13/2004 Senate Read second time SJ-16
5/13/2004 Senate Ordered to third reading with notice of amendments SJ-16
6/1/2004 Senate Amended SJ-32
6/1/2004 Senate Read third time and returned to House with amendments
SJ-32
6/2/2004 House Senate amendment amended HJ-88
6/2/2004 House Returned to Senate with amendments HJ-90
6/2/2004 Senate Non-concurrence in House amendment SJ-44
6/3/2004 House House insists upon amendment and conference committee
appointed Reps. Sinclair, Clemmons, and Howard HJ-13
6/3/2004 Senate Conference committee appointed Sens. Gregory, Hutto,
Knotts SJ-39
6/3/2004 House Free conference powers granted HJ-85
6/3/2004 House Free conference committee appointed Reps. Sinclair,
Clemmons, and Howard HJ-87
6/3/2004 House Free conference report received and adopted HJ-87
6/3/2004 Senate Free conference powers granted SJ-40
6/3/2004 Senate Free conference committee appointed Sens. Gregory,
Hutto, Knotts SJ-40
6/3/2004 Senate Free conference report received and adopted SJ-40
6/3/2004 Senate Ordered enrolled for ratification SJ-57
6/3/2004 Ratified R 423
7/6/2004 Signed By Governor
7/14/2004 Copies available
7/14/2004 Effective date 07/06/04
7/28/2004 Act No. 269
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/29/2004
3/3/2004
5/12/2004
5/13/2004
6/1/2004
6/2/2004
6/3/2004
(A269, R423, H4649)
AN ACT TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES, AND TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION"; TO AMEND SECTION 56-5-2525, RELATING TO THE TOWING OF A MOTOR VEHICLE WITHOUT THE MOTOR VEHICLE OWNER'S KNOWLEDGE, SO AS TO DEFINE THE TERM "VEHICLE", TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE STORAGE OF A VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT RECEIVES NOTICE THAT A VEHICLE HAS BEEN TOWED MUST DRAFT A TOWING REPORT AND FURNISH THE TOWING COMPANY WITH THE REPORT'S DOCUMENT NUMBER, TO PROVIDE THAT A TOWING COMPANY IS NOT REQUIRED TO NOTIFY A LAW ENFORCEMENT AGENCY THAT A VEHICLE HAS BEEN TOWED WHEN THE TOWING IS PERFORMED AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A TOWING COMPANY THAT TOWS A PERSON'S VEHICLE WITHOUT HIS KNOWLEDGE AND STORES IT IS NOT REQUIRED TO RETURN THE VEHICLE TO THE PERSON AFTER THE COMPANY'S NORMAL BUSINESS HOURS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, SO AS TO MAKE TECHNICAL CHANGES, REVISE THE DEFINITION OF THE TERM "VEHICLE", TO PROVIDE THAT WHEN AN ABANDONED VEHICLE HAS BEEN TAKEN INTO CUSTODY BY A TOWING COMPANY AND STORAGE FACILITY, THE TOWING COMPANY STORAGE FACILITY AND LAW ENFORCEMENT AGENCY SHALL NOTIFY CERTAIN PERSONS THAT THE VEHICLE HAS BEEN TAKEN INTO CUSTODY, AND TO PROVIDE FOR THE CONTENTS OF THE NOTIFICATION AND HOW THE NOTICE MUST BE DELIVERED, TO REVISE THE PROVISION THAT ALLOWS FOR THE RECOVERY OF TOWING AND STORAGE COSTS, TO DELETE THE PROVISION THAT REQUIRES A LAW ENFORCEMENT AGENCY TO PROVIDE A TOWING COMPANY AND STORAGE FACILITY CERTAIN INFORMATION REGARDING AN OBJECT THAT IS TOWED, AND TO PROVIDE THAT THE COURT MAY ORDER RESTITUTION FROM A PERSON CONVICTED OF STEALING A VEHICLE TO COVER THE VEHICLE'S TOWING AND STORAGE COSTS; TO AMEND SECTION 56-5-5635, RELATING TO THE PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND DISPOSED OF, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT BEFORE SELLING THE VEHICLE, THE SELLER MUST OBTAIN THE NAME AND ADDRESS OF ANY OWNER OR LIENHOLDER, TO REVISE THE PROCEDURE TO NOTIFY THE OWNER OR LIENHOLDER THAT THE VEHICLE HAS BEEN TOWED AND CERTAIN COSTS ASSOCIATED WITH TOWING THE VEHICLE HAVE ACCRUED, AND TO REVISE THE PROCEDURE TO DISPOSE OF THE VEHICLE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE A MAXIMUM AMOUNT OF COSTS THAT MAY BE RECOVERED FROM THE SALE OF A VEHICLE, AND TO PROVIDE THAT THE MAGISTRATE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE, MUST NOTIFY THE OWNER AND LIENHOLDERS THAT THEY HAVE NINETY DAYS TO CLAIM THE PROCEEDS FROM THE SALE OF THE VEHICLE; TO AMEND SECTION 56-5-5660, RELATING TO AN APPLICATION FOR AND ISSUANCE OF A DISPOSAL AUTHORITY CERTIFICATE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5670, AS AMENDED, RELATING TO CERTAIN DUTIES OF DEMOLISHERS OF VEHICLES AND THE SURRENDER OF CERTAIN DOCUMENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY, OR PUBLIC OR PRIVATE PROPERTY, SO AS TO REVISE THE PROCEDURE THAT GOVERNS THE PLACEMENT OF COLORED TAGS ON A VEHICLE, AND THE REMOVAL AND DISPOSAL OF A VEHICLE WHICH HAS A COLORED TAG PLACED ON IT; TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO REVISE THE DEFINITION OF A VEHICLE THAT IS CONSIDERED TO BE "UNCLAIMED", AND TO REVISE THE PROCEDURE TO REPORT AN UNCLAIMED VEHICLE TO THE DEPARTMENT OF MOTOR VEHICLES; TO AMEND SECTION 16-11-760, AS AMENDED, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO REVISE THE PROCEDURE THAT ALLOWS A TOWING COMPANY, STORAGE FACILITY, GARAGE, OR REPAIR SHOP TO SELL AT PUBLIC AUCTION CERTAIN ARTICLES THAT HAVE NOT BEEN RECLAIMED WITHIN A CERTAIN PERIOD OF TIME.
Be it enacted by the General Assembly of the State of South Carolina:
Investigation of traffic collisions
SECTION 1. Section 56-5-765 of the 1976 Code, as last amended by Act 277 of 2002, is further amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle of the department, is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol must investigate the collision and must file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the department is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred must investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and must file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(C) A law enforcement department or agency must not investigate a traffic collision in which a motor vehicle, a motorcycle, or an employee of that department or agency is involved that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved.
(D) A law enforcement agency that has primary responsibility for an investigation involving a motor vehicle, a motorcycle, or an employee of another department or agency, but lacks the expertise to conduct a proper investigation, may request assistance from another agency that has the appropriate expertise, as long as the assisting agency or an employee of the assisting agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies.
(E) A person who knowingly and wilfully violates the provisions of subsection (C) is subject to punishment as provided for in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district.
(F) An investigation of a traffic collision involving a motor vehicle, a motorcycle, or an employee of a law enforcement agency or department must include a field investigation to identify possible witnesses, including possible witnesses not involved in the traffic collision, but who may have witnessed the traffic collision from a vantage point other than the collision site.
(G) For purposes of this section, 'involved in a traffic collision' includes a law enforcement motor vehicle or motorcycle engaged in a pursuit when a traffic collision occurs."
Towing of a motor vehicle
SECTION 2. Section 56-5-2525 of the 1976 Code is amended to read:
"Section 56-5-2525. (A) For purposes of this section, 'vehicle' means a motor vehicle, trailer, mobile home, watercraft, or any other item that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:
(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(2) contents contained in the vehicle; and
(3) personal property affixed to the vehicle.
(B) A towing company which tows and stores a person's vehicle without the person's knowledge must immediately notify the police department of the municipality where the vehicle was parked, or the sheriff of the county, if the vehicle was parked outside the limits of a municipality, of the location from which the vehicle was towed, the name of the company which towed the vehicle and the place where the vehicle is stored.
(C) A towing company failing to give this notice within one hour of the time the vehicle was towed is not entitled to any compensation for the towing and storing operations. The provisions of this section must be posted in a conspicuous place in all public areas on the premises of the towing company. The law enforcement agency that receives this notice must draft a towing report and furnish the towing company with the report's document number within a reasonable time. Notification to the law enforcement agency is not required when the towing is performed at the direction of a law enforcement officer.
(D) A towing company that tows away a person's vehicle without his knowledge and stores it is not required to return the vehicle to the person after the company's normal business hours."
Towing
SECTION 3. Section 56-5-5630 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 56-5-5630. (A)(1) For purposes of this article, 'vehicle' means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:
(a) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(b) contents contained in the vehicle; and
(c) personal property affixed to the vehicle.
Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.
(2) When an abandoned vehicle has been taken into custody, the towing company and storage facility having towed and received the vehicle shall notify 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. Notification of the owner and all lienholders by certified or registered mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must:
(a) give a description of the year, make, model, and identification number of the vehicle;
(b) set forth the location where the vehicle is being held;
(c) inform the owner and all lienholders of the right to reclaim the vehicle within thirty days beginning the day after the notice is mailed, return receipt requested, upon payment of all towing, preservation, storage charges, notification, publication, and court costs resulting from placing the vehicle in custody; and
(d) state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle within the time provided is considered a waiver by the owner and lienholders of all rights, title, and interest in the vehicle and is considered as their consent to the sale of the vehicle at a public auction.
If a vehicle has been towed pursuant to the provisions of this section, the towing company and storage facility must accept as payment for the release of the vehicle the same manner of payment that they would accept if the owner of the vehicle had requested his vehicle towed.
(B) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, 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 vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered or certified mail.
(C) A lienholder is not subject to a criminal penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. The owner of a vehicle which has been stolen, whether or not the vehicle was subsequently abandoned, is liable for:
(1) actual recovery and towing charges; and
(2) storage costs that accrue beginning seven days after the vehicle was towed.
The law enforcement agency must, within two days after the vehicle's towing, notify the owner that the vehicle has been recovered, provide the owner with the location of the vehicle, and explain that daily storage charges will begin to accrue if the vehicle is not reclaimed within seven days of the towing date.
A vehicle is considered to be stolen when the registered owner notifies a police officer and files a report which is accepted and placed on the records of the sheriff or chief of police as a stolen vehicle. The law enforcement agency that requested the tow must provide the towing company and storage facility, at no cost to the towing company and storage facility, the owner's name and address. A law enforcement agency is not liable for any costs or fees associated with the towing and storage of a vehicle as provided by this section.
(D) The court may order restitution from a person convicted of stealing a vehicle to cover the costs associated with the recovery, towing, and storage of the vehicle."
Towing
SECTION 4. Section 56-5-5635 of the 1976 Code, as added by Act 71 of 2003, is amended to read:
"Section 56-5-5635. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is considered a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.
(B) Within ten days following a law enforcement's towing request, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop must provide to the sheriff or chief of police a list describing the vehicles remaining in the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. A person who fails to provide the law enforcement agency with this list forfeits recovery of any storage fees that have accrued from the date of towing until the day after the mailing of the notification to the owner and all lienholders by certified or registered mail, return receipt requested, pursuant to Section 29-15-10. Within ten days of receipt of this list, the sheriff or chief of police must provide to the towing company or storage facility, the current owner's name, address, and a record of all lienholders along with the make, model, and identification number or a description of the vehicle at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle must notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.
(C) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must provide notice by one publication in one newspaper of general circulation in the area from which the vehicle was abandoned which is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.
(D) Before a vehicle is sold, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must apply to the appropriate titling facility including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For nontitled vehicles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the vehicle has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the vehicle is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the vehicle's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the name of the state in which the vehicle is titled.
(E) The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop that has towed and stored a vehicle has a lien against the vehicle and may have the vehicle sold at public auction pursuant to Section 29-15-10. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs after the five-day period must not be charged until the notice is mailed. If the vehicle is not reclaimed within thirty days after the day the notice is mailed, return receipt requested, the vehicle is considered abandoned and may be sold by the magistrate pursuant to the procedures set forth in Section 29-15-10.
(F) After the vehicle is in the possession of the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the owner of the vehicle as demonstrated by providing a certificate of registration has one opportunity to remove from the vehicle any personal property not attached to the vehicle. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must release any personal property that does not belong to the owner of the vehicle to the owner of the personal property.
(G) When a law enforcement agency stores a vehicle at a law enforcement facility, the agency must follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where the vehicle is stored to provide for the sale of the vehicle at public auction. A law enforcement agency is exempt from paying filing fees in any matter related to the towing and storing of a vehicle."
Abandoned vehicles
SECTION 5. Section 56-5-5640 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may have the abandoned vehicle sold at a public auction pursuant to the provisions set forth in Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a magistrate's order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The order of sale given at the sale must be sufficient title for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 29-15-10 must be reimbursed up to the amount of the auction sale price from the sale proceeds of the vehicle. Any remainder of the sale proceeds must be held for the owner of the vehicle or entitled lienholder for ninety days. The magistrate must notify the owner and all lienholders by certified or registered mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected within ninety days from the day after the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
Disposal of authority certificate
SECTION 6. Section 56-5-5660 of the 1976 Code is amended to read:
"Section 56-5-5660. (A) Any person or unit of government upon whose property or in whose possession is found an abandoned vehicle, or any person who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may apply to the sheriff or chief of police of the jurisdiction in which the vehicle is located for authority to sell or give the vehicle to a demolisher.
(B) The application must give the name and address of the applicant, the year, make, model, and identification number of the vehicle, if ascertainable, along with any other identifying features, and must contain a concise statement of the facts surrounding the abandonment, or that the title of the vehicle is lost or destroyed, or the reasons for the defect of title in the owner. The applicant must execute an affidavit stating that the facts alleged are true and that no material fact has been withheld.
(C) If the sheriff or chief of police determines that the application is executed in proper form, and demonstrates that the vehicle has been abandoned upon the property of the applicant, the notification procedures set forth in Section 56-5-5630 must be followed. If the vehicle is not reclaimed in accordance with Section 56-5-5630, the sheriff or chief of police must follow the procedure set forth in Section 56-5-5660(D) for issuance of disposal authority certificates.
(D) If the application demonstrates that the vehicle is not abandoned but that the applicant appears to be the rightful owner, the sheriff or chief of police must give the applicant a certificate of authority to sell or give the vehicle to any demolisher for demolition, wrecking, or dismantling. A disposal authority certificate may contain multiple listings. The demolisher must accept such certificate in lieu of the certificate of title to the vehicle.
(E) Notwithstanding any other provisions of law, any person or unit of government upon whose property or in whose possession is found an abandoned vehicle, or any person who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may dispose of such vehicle to a demolisher without the title and without the notification procedures of Section 56-5-5630 if:
(1) the vehicle is over eight years old,
(2) the vehicle does not have a valid registration plate affixed to it, and
(3) the vehicle has no engine or is otherwise totally inoperable."
Duties of demolishers of vehicles
SECTION 7. Section 56-5-5670 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-5670. (A) A demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolishing is not required to obtain a certificate of title for the vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a vehicle, the demolisher must surrender for cancellation the certificate of title, auction sales receipt, or disposal authority certificate. The department must issue forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as appropriate.
(B) A demolisher must keep an accurate and complete record of all abandoned vehicles purchased or received by him in the course of his business. These records must contain the name and address of the person from whom each vehicle was purchased or received, the date when the purchases or receipts occurred, and the year, make, model, and identification number of the vehicle, if ascertainable, along with any other identifying features. The records are open for inspection by any police officer at any time during normal business hours. Any record required by this section must be kept by the demolisher for at least one year after the transaction to which it applies."
Colored tags
SECTION 8. Section 56-5-5850 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-5850. (A) When any vehicle is left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, an officer may place a colored tag on the vehicle which is notice to the owner, the person in possession of the vehicle, or any lienholder that it may be considered to be derelict or abandoned and is subject to forfeiture to the State.
(B) The colored tag serves as the only legal notice that the vehicle will be moved to a designated place to be sold if the vehicle is not removed by the owner or person in control of the vehicle. The vehicle must be removed within the following times from the date the tag is placed on the vehicle:
(1) forty-eight hours if it is located on a highway, or
(2) seven days if it is located on other public or private property.
Abandoned or derelict vehicles must be disposed of pursuant to Sections 29-15-10 and 56-5-5635."
Unclaimed vehicles
SECTION 9. Section 56-19-840 of the 1976 Code is amended to read:
"Section 56-19-840. A proprietor, an owner, or an operator of any towing company, storage facility, garage, or repair shop or any person who repairs or furnishes any material for the repair of a vehicle, where a vehicle remains unclaimed for a period of thirty days, must report the vehicle as unclaimed to the department within five days after the expiration of the thirty-day period. The report must be on a form prescribed by the department. The form may be submitted before the thirty-day period expires.
A vehicle is considered 'unclaimed' when the owner of the vehicle has not reclaimed it within thirty days after notification pursuant to Sections 29-15-10 and 56-5-5630. A person who fails to report a vehicle as unclaimed in accordance with this section forfeits all claims, liens, or costs associated with the towing and storage."
Parking on private property without owner's consent
SECTION 10. Section 16-11-760 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 16-11-760. (A) It is unlawful for a person to park a vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent. If the property is for commercial use, the owner must post a notice in a conspicuous place on the borders of the property near each entrance prohibiting parking. Proof of the posting is considered notice conclusive against the person making entry.
(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.
(C) If the vehicle is not claimed by the owner, lienholder, or his agent, the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.
(D) A person violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days. This punishment is in addition to the other remedies authorized in this section."
Liens for repair or storage
SECTION 11. Section 29-15-10 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:
"Section 29-15-10. (A) A proprietor, an owner, or an operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or furnishes any material for repairs to an article may sell the article at public auction to the highest bidder if:
(1) the article has been left at the shop for repairs or storage and the repairs have been completed or the storage contract has expired;
(2) the article has been continuously retained in his possession; and
(3) thirty days have passed since written notice was given to the owner of the article and to any lienholder that the repairs have been completed or the storage contract has expired.
The article must be sold by a magistrate of the county in which the repairs were done or the article was stored.
(B) Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the article. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities. If the notice is not mailed within this period, storage costs after the five-day period must not be charged until the notice is mailed.
(C) Before the article is sold, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article must apply to the appropriate titling facility including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For nontitled articles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the article has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the article is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article may apply to the sheriff or chief of police in the jurisdiction where the article is stored to determine the state where the article is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the article's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs the name of the state in which the article is titled.
(D) The magistrate, before selling the article, shall ensure that the owner or any lienholder of record has been notified of the pending sale. The magistrate must advertise the article for at least fifteen days by posting a notice in three public places in his township. The magistrate must pay to the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article the money due, receiving a receipt in return. Any remainder of the sale proceeds must be held by the magistrate for the owner of the vehicle or entitled lienholder for ninety days. The magistrate must notify the owner and all lienholders by certified or registered mail, return receipt requested, that the article owner or lienholder has ninety days to claim the proceeds from the sale of the article. If the article proceeds are not collected within ninety days from the day after the notice to the owner and all lienholders is mailed, then the article proceeds must be deposited in the general fund of the county or municipality.
(E) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold.
(F) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article must place a minimum bid of one dollar on the article being sold at public auction. If no higher bid is offered, the article must be awarded to the proprietor, owner, operator, or person who repairs or who furnishes material for repairs to the article at no cost.
(G) For purposes of this section, 'article' means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing, storage, or repair and applies to any article in custody at the time of the enactment of this section. 'Article' includes:
(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(2) contents contained in the article; and
(3) personal property affixed to the article."
Time effective
Ratified the 3rd day of June, 2004.
Approved the 6th day of July, 2004.
This web page was last updated on Monday, December 7, 2009 at 10:38 A.M.