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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-21-22 SO AS TO PROVIDE THAT PROPERTY RECOVERED BY A POLICE CHIEF OR A SHERIFF MAY BE SOLD AT PUBLIC AUCTION IF NOT RECLAIMED BY ITS OWNER AFTER THE PROVISION OF PROPER NOTICE; TO AMEND SECTION 27-21-20, AS AMENDED, RELATING TO THE SALE OF CERTAIN PROPERTY BY A POLICE CHIEF OR SHERIFF, SO AS TO PROVIDE A NOTICE REQUIREMENT, AND TO MAKE CONFORMING CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 21, Title 27 of the 1976 Code, is amended by adding:
"Section 27-21-22. A sheriff, police chief, or a designee may sell at public action recovered property not reclaimed as provided by Section 27-21-20. At least ten days prior to the sale, the property must be advertised by publication in a local newspaper of general circulation where the property will be sold. A notice by publication may contain multiple listings of property to be sold."
SECTION 2. Section 27-21-20 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:
"Section 27-21-20. (A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained, the sheriff or chief of police must notify its owner as provided in Section 56-5-5630 by section (B).
(B) If after sixty days the property is not reclaimed, the sheriff, or his designee, or the police chief, or his designee, may sell the property as provided by Section 56-5-5640 A sheriff or chief of police must provide notice:
(1) within fifteen days;
(2) by registered mail, return receipt requested;
(3) describing the property and including an identifying serial number if available; and
(4) advising the owner that the property may be sold at auction pursuant to Section 27-21-22 if not reclaimed within sixty days of mailing of the notice.
(C) If after diligent efforts the owner of the property cannot be ascertained or if the property is not reclaimed or sold at public auction, the sheriff of a county or chief of police of a municipality may dispose of any recovered stolen or abandoned property as provided in this subsection.
(1) Property that is not suitable for sale, including, but not limited to, clothing, food, prescription drugs, weapons, household cleaning products, chemicals, or items that appear nonusable, including, but not limited to:
(a) electric components that appear to have been skeletonized, where parts have been removed and are no longer in working order; or
(b) items that have been broken up and only pieces exist may be destroyed by the jurisdiction holding the property.
(2) The sheriff or chief of police may use any property recovered by his jurisdiction if the property is placed on the jurisdiction's inventory as property of the jurisdiction.
(3) The sheriff or chief of police, with the consent of the appropriate governing body, may turn over to any organization exempt from tax under Section 501(c)3 of the Internal Revenue Code of 1986, items of abandoned or recovered property that may be used for the betterment of that organization. However, the accrued value of the items given to an individual organization as provided above by a sheriff or chief of police shall not exceed a value of one thousand dollars in the respective government entity's fiscal year.
(D) A jurisdiction recovering property pursuant to the provisions of this section shall maintain a permanent record of all property recovered and its disposition."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor.
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