South Carolina General Assembly
115th Session, 2003-2004

Download This Version in Microsoft Word format

Bill 4869

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

AMENDED

May 27, 2004

H. 4869

Introduced by Rep. Harrison

S. Printed 5/27/04--H.

Read the first time March 2, 2004.

            

A BILL

TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; 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 PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE VEHICLE; AND 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 PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".

Amend Title To Conform

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

SECTION    1.    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 motor-driven or other vehicle on the private property of another without the owner's consent,. If the property is for commercial use, the owner shall post a notice in a conspicuous place on the borders of the property near each entrance prohibiting this parking. Proof of the posting is deemed and taken as 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 their agent, as provided by Section 56-5-5635(D), 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 this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not exceeding one hundred dollars or imprisoned not exceeding thirty days. This punishment is in addition to the other remedies which are authorized in this section."

SECTION    2.    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)    It is lawful for any proprietor person, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or furnishes any material for the repairs, or his designee or agent to sell the property as provided in this section.

(B)    When property has been left at his shop for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due. The property must be sold by a magistrate of the county in which the work was done or the vehicle or thing was stored.

(C)    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, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale. Notification to the owner and lienholder must occur within five days after receiving their identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs may not be charged until the notice is mailed.

(D)    Before the property may be sold, the facility must apply to the Department of Motor Vehicles for the name and address of any owner and lienholder. The application must be on the prescribed forms required by the department. If the vehicle has an out-of-state registration, an application also must be made to that state's department of motor vehicles. When the vehicle is not titled in this State and does not have a registration from another state, the facility 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 cause a records search to be made and shall supply, at no cost to the facility, the name of the state in which the vehicle is titled.

(E)    The magistrate, before selling the property, shall ensure that any lienholder of record has been notified of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. 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 court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables.

(F)    When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last known address of the owner.

(G)    A magistrate may not set or establish additional procedural requirements beyond those required by and contained in this section."

SECTION    3.    Section 56-5-2525 of the 1976 Code is amended to read:

"Section 56-5-2525.    Any A towing company which tows away another's a person's motor vehicle without the owner's his knowledge and stores it shall immediately notify the police department of the municipal corporation where such the vehicle was parked or the sheriff or county police department in counties having such departments if the vehicle was parked outside the limits of a municipal corporation of the location from which the vehicle was towed, the name of the company which towed it and the place where it is stored.

(B)    Any A towing company failing to give such the notice contained in subsection (A) within one hour of the time the vehicle was towed away shall is not be entitled to any compensation for the towing and storing operations. The provisions of this section shall 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 create a report and furnish the towing company with its document number. Notification is not required when the towing is done at the direction of a law enforcement officer.

(C)    A towing company which 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."

SECTION    4.    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)(A)(1)    For purposes of this section, 'vehicle' means any a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing, and storage, repair, or any other reason that the property of any person, corporation, or business is towed or left in the possession of another either at the direction of a law enforcement officer, or for any other reason by anyone who may legally cause this storage and applies to any vehicle in custody at the time of the enactment of this section. 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 storage place 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 United States 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 describe the year, make, model, and serial number of the vehicle, set forth where the vehicle is being held, inform the owner and all lienholders of the right to reclaim the vehicle within fifteen thirty days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges, and associated legal fees resulting from placing the vehicle or other property in custody, and state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed a waiver by the owner and lienholders of all right, title, and interest in the vehicle or other property and consent to the sale of the vehicle or other property at a public auction. If a vehicle has been towed pursuant to the provisions of this section, payment to the owner or operator of the towing service shall accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service would accept if the owner of the vehicle had requested his vehicle towed.

(b)(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 mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.

(c)(C)    A lienholder is not subject to a penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. An owner of a vehicle which has been stolen and after that abandoned, as defined by this article, is not liable for any charges or penalties imposed in this section, otherwise all charges or penalties are the responsibility of the last registered owner. A vehicle is deemed to be stolen when the registered owner notifies a police officer and the report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the law enforcement agency that requested the tow shall provide the towing company, at no cost to the storage operator, the current owner's name, address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the costs or fee associated with the towing and storage of a vehicle or other property as provided by this section.

(D)    Costs associated with the towing and storage of a stolen vehicle at the request of a law enforcement agency may be recovered upon the court's order of restitution following a conviction or guilty plea of the person who stole the vehicle."

SECTION    5.    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, shall 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 motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, 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 towing or storage operator or owner shall provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their possession. Failure to provide the law enforcement agency this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property any storage fees that have accrued from the date of towing until the date of mailing of notification of the owner and all lienholders by certified or registered United States mail, return receipt requested. Upon receipt of this list, the sheriff or chief of police shall 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 the proper forms within ten days and must be at no cost to the storage operator. The storage place having towed or received the vehicle shall 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 towing or storage owner or operator shall provide 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.

(D)    Before the property may be sold, the facility must apply to the Department of Motor Vehicles for the name and address of any owner and lienholder. The application must be on the prescribed forms required by the department. If the vehicle has an out-of-state registration, an application also must be made to that state's department of motor vehicles. When the vehicle is not titled in this State and does not have a registration from another state, the facility 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 cause a records search to be made and shall supply, at no cost to the facility, the name of the state in which the vehicle is titled.

(E)    The proprietor, owner, or operator of a storage place, garage, or towing service, who has towed and stored a vehicle or object has a lien against the vehicle or object, and its contents, and any personal property affixed to the vehicle, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10, and 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, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Notification to the owner and lienholder must occur within five days, after receiving their identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs may not be charged until the notice is mailed. Fifteen Thirty days after the notice is mailed, return receipt requested, and the vehicle or object and its contents are not reclaimed, the vehicle or object and its contents are considered abandoned and may be sold by the magistrate pursuant to the procedures in Section 29-15-10.

(E)(F)    The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property not attached to the vehicle from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage.

(G)    When a law enforcement agency stores a vehicle at its facility, it shall follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where a vehicle or article is stored for sale. A law enforcement agency is exempt from paying any court filing fees in these matters."

SECTION    6.    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 storage place, or their designee, may have the abandoned vehicle sold at a public auction pursuant to the provisions of 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 bill order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The bill order of sale at the sale must shall be sufficient title only 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 56-5-563029-15-10 must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days. The proprietor, owner, or operator of the storage place, or their designee, shall notify the owner and all lienholders by certified or registered United States 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 after ninety days from the date 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."

SECTION    7.    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 shall be 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.

The colored tag shall serve as the only legal notice that the vehicle will be removed to a designated place to be sold, if the vehicle is not removed by the owner or person in control of the property within forty-eight hours if it is located on a highway, or seven days if it is located on other public property from the date the tag is placed on the vehicle. These vehicles must be disposed of pursuant to the provisions contained in Sections 29-15-10 and 56-5-5635.

(b)    The colored tag shall serve as the only legal notice that, if the vehicle is not removed within:

(1)    forty-eight hours if located on a highway, or

(2)    seven days if located on other public or private property from the date of the tag; it will be removed to a designated place to be sold. After the vehicle is removed, the political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the vehicle was last registered and any lienholder of record. Notification shall include that the vehicle is being held, designating the place where it is being held, and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall be sold for recycling purposes or for such other purposes as the political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the general fund of the political subdivision.

(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 identification and addresses of any lienholders, notice by one publication in a newspaper of general circulation in the area where the vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of vehicles. Twenty days after date of publication an advertised vehicle may be sold.

(d)    Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model, and serial number of the motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.

(e)    The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be 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, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."

SECTION    8.    Section 56-19-840 of the 1976 Code is amended to read:

"Section 56-19-840.    An operator of a place of business for garaging, repairing, parking, or storing vehicles for the public in which a vehicle remains unclaimed for a period of thirty days shall, within five days after the expiration of that period, report the vehicle as unclaimed to the department. Such The report shall be on a form prescribed by the department.

A towing or storage operator may submit the form before the thirty-day period expires.

A vehicle left by its owner whose name and address are known to the operator or his employee is not considered "unclaimed." A vehicle is considered to be unclaimed when its owner has not reclaimed it. A person who fails to report a vehicle as unclaimed in accordance with this section forfeits all claims and liens for its garaging, parking, or storing."

SECTION    9.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Thursday, June 25, 2009 at 9:58 A.M.