Current Status Introducing Body:
SenateBill Number: 530Primary Sponsor: PeelerCommittee Number: 30Type of Legislation: GBSubject: Federal surplus property, provisionsResiding Body: HouseCurrent Committee: Ways and MeansComputer Document Number: CYY/15141SD.93Introduced Date: 19930310Date of Last Amendment: 19940428Last History Body: HouseLast History Date: 19940503Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: PeelerType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 530 House 19940503 Introduced, read first time, 30 referred to Committee 530 Senate 19940429 Read third time, sent to House 530 Senate 19940428 Amended, read second time, unanimous consent for third reading on Friday, April 29, 1994 530 Senate 19940428 Minority report withdrawn 530 Senate 19940202 Committee Report: majority 06 favorable, with amendment, minority unfavorable 530 Senate 19930310 Introduced, read first time, 06 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 28, 1994
S. Printed 4/28/94--S.
Read the first time March 10, 1993.
TO AMEND SECTION 3-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEDERAL SURPLUS PROPERTY, SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ENTER INTO AGREEMENTS WITH FEDERAL AGENCIES TO CONDUCT AND DIRECT THE DISPOSAL OF SURPLUS PROPERTY OF THOSE FEDERAL AGENCIES, AND TO PROVIDE THAT NO OTHER STATE OR LOCAL AGENCY MAY PERFORM THIS FUNCTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-35-715 SO AS TO REQUIRE ALL STATE GOVERNMENTAL BODIES TO COMPLY WITH PROVISIONS OF LAW REQUIRING THE USE OF THE DIVISION OF GENERAL SERVICES WHEN DISPOSING OF SURPLUS PROPERTY REGARDLESS OF OTHER EXEMPTIONS WHICH HAVE BEEN GRANTED TO THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3820, RELATING TO THE ALLOCATION OF THE PROCEEDS OF THE SALE OF SURPLUS PROPERTY, SO AS TO PROVIDE THAT ALL PROCEEDS MUST BE APPLIED TO THE CREDIT OF THE GOVERNMENTAL BODY OWNING THE PROPERTY FOR THE PURCHASE OF LIKE ITEMS; TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO THE SEIZURE, FORFEITURE, AND SALE OF PROPERTY USED IN ILLEGAL DRUG TRANSACTIONS, SO AS TO PROVIDE THAT PUBLIC AUCTIONS OF THIS PROPERTY MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES, AND THE DIVISION OF GENERAL SERVICES MUST BE NOTIFIED ANNUALLY OF THE PROPERTY WHICH HAS BEEN RETAINED BY THE SEIZING AGENCY; TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-115 SO AS TO PROVIDE THAT PUBLIC AUCTIONS OF PERSONAL PROPERTY SEIZED AND FORFEITED TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES AND TO REQUIRE THE DIVISION TO BE NOTIFIED BY THE DEPARTMENT OF CERTAIN PROPERTY RETAINED BY IT FOR ITS OWN USE; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND SALE OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO PROVIDE THAT THE DIVISION OF GENERAL SERVICES ACTING FOR THE DIRECTOR OF THE DEPARTMENT SHALL CONDUCT THE PUBLIC AUCTIONS AT WHICH THIS PROPERTY IS SOLD; AND TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1992-93, SO AS TO DELETE AND REVISE CERTAIN PROVISOS RELATING TO THE SALE OR DISPOSAL OF SURPLUS STATE PROPERTY BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE INFORMATION TECHNOLOGY PROCUREMENT OFFICE SO THAT THESE SALES OR DISPOSALS MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES IN THE MANNER REQUIRED BY LAW.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 3-9-10(f) of the 1976 Code is amended to read:
"(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations, and agencies referred to in subparagraph item (a) of this section and other institutions eligible to acquire federal excess and surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such the property may be obtained, to receive requests from the above-mentioned these institutions, organizations, and agencies and to transmit to them all available information in reference to such the property, and to aid and assist such these institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
The Division of General Services is further authorized to enter into agreements with any federal agency pursuant to federal law or authorization whereby the division shall conduct and direct the disposal of excess and surplus property of that agency or the federal government. No other state agency that receives state appropriated funds or local governmental agency or department may perform these functions or enter into agreements to dispose of federal government excess and surplus property."
SECTION 2. The 1976 Code is amended by adding:
"Section 11-35-715. Notwithstanding any other provision of law or the fact that particular state governmental bodies as defined in Section 11-35-310(18) may have been granted certain exceptions from procurement code provisions under Section 11-35-710, all state governmental bodies receiving state appropriated funds on and after the effective date of this section, including the Department of Transportation, must comply with the provisions of Section 11-35-3820 requiring the use of the Division of General Services when disposing of surplus property."
SECTION 3. Section 11-35-3820 of the 1976 Code is amended to read:
"Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant thereto, the sale of all state owned supplies, property, or personal property not in actual public use shall must be conducted and directed by the Division of General Services. Such These sales shall must be held at such places and in such manner as in the judgment of the Division of General Services will be most advantageous to the State. Unless otherwise determined sales shall must be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the Division division all surplus personal property not in actual public use held by that agency for sale.
The Division of General Services shall deposit the proceeds from such sales, less expense of the sales, in the state general fund or as otherwise directed by regulation to the credit of that governmental body for the purchase of like items. This policy and procedure shall apply to all governmental bodies unless exempt by law."
SECTION 4. Section 44-53-530 of the 1976 Code, as last amended by Act 604 of 1990, is amended by adding a new subsection to be appropriately numbered to read:
"( ) Where seized and forfeited property, including cash, held by a state or local law enforcement agency under this section is required to be sold at public auction by the seizing agency, the sale must be conducted by the Budget and Control Board Division of General Services if the property is held by a state law enforcement agency and may be conducted by the Division of General Services if the property is held by a local law enforcement agency. These sales shall be conducted by the Division of General Services in the same manner surplus property is sold at public auction under the Consolidated Procurement Code. The proceeds of such sale after the expenses of sale must be used in the manner required by this section. Where seized and forfeited property under this section is retained by a state law enforcement seizing agency for its own use or the use of another agency, that state agency must provide the Division of General Services before the first day of March of each year with a list of such property retained by it or transferred to another agency during the previous calendar year."
SECTION 5. The 1976 Code is amended by adding:
"Section 50-3-115. Where the department is authorized to sell any items of personal property at public auction under the provisions of Sections 50-15-80, 50-23-205, or any other provision of law, the sale must be conducted by the Budget and Control Board Division of General Services in the manner surplus property is disposed of under the Consolidated Procurement Code, except that the manner of sale under Section 50-11-740 must be as provided in that section. Where the department is authorized to retain such items of personal property for its own use or the use of another agency, it must provide the Division of General Services before the first day of March of each year with a list of that property retained by it or transferred to another agency during the previous calendar year.
The provisions of this section requiring the sales of confiscated property to be conducted by the Division of General Services do not apply to perishable goods, commodities, or products seized and confiscated as provided by law."
SECTION 6. Section 50-11-740 of the 1976 Code is amended to read:
"Section 50-11-740. Every vehicle, boat, animal, and firearm used in the hunting of deer or bear at night is forfeited to the State and must be confiscated by any peace officer who shall forthwith deliver it to the department.
`Hunting' as used in this section in reference to a vehicle or boat includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer or bear which has been unlawfully killed at night.
For purposes of this section, a conviction for unlawfully hunting deer or bear at night is conclusive as against any convicted owner of the above-mentioned property.
In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State.
Notice of the above proceedings must be accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.
The director or his authorized agent acting through the Budget and Control Board Division of General Services as his authorized agent shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. The sale must be conducted by the Division of General Services in the same manner surplus property is sold at public auction under the Consolidated Procurement Code. Upon sale, the director Division of General Services shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the game protection fund. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the director division the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before sale redeem it by paying to the director division the retail market value. The sums received by the director division must be deposited in the game protection fund pursuant to the provisions of this section."
SECTION 7. Paragraph 14E.6, Section 14E of Part I of Act 501 of 1992 is deleted.
SECTION 8. Paragraph 124.9, Section 124 of Part I of Act 501 of 1992, is amended to read:
"124.9. The Department of Highways and Public Transportation may sell any materials, supplies, or equipment classified as obsolete, surplus, or junk for which the department has no further need, or offer same for trade-in in the purchase of new materials or equipment. All such sales of obsolete, surplus, or junk materials or equipment by of the department shall be conducted by the Division of General Services in the manner required by law. at public auction, unless the department deems another sales method is more advantageous, with the approval of General Services, not less than ten days after having been advertised in a newspaper of statewide circulation at least once. The department may reserve the right to reject any or all bids. Items having a value of less than one hundred dollars may be disposed of by sale in the most advantageous way to the department; and the department may make negotiated sales of surplus materials, equipment and supplies to county, state, and municipal agencies on a mutually agreed upon basis. All proceeds from the sale of such obsolete, surplus, or junk material, supplies, and equipment shall must be credited to the Highway Highways and Public Transportation Fund."
SECTION 9. This act takes effect upon approval by the Governor.