Current Status Bill Number:4977 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980408 Primary Sponsor:McLeod All Sponsors:McLeod Drafted Document Number:ggs\22055cm.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19980527 Subject:Transportation, Traffic violations, DUI, DUS, motor vehicle property forfeiture
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980602 Introduced, read first time, 11 SJ
referred to Committee
House 19980528 Read third time, sent to Senate
House 19980527 Amended, read second time
House 19980520 Committee report: majority 25 HJ
favorable, with amendment,
minority unfavorable
House 19980408 Introduced, read first time, 25 HJ
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 27, 1998
H. 4977
S. Printed 5/27/98--H.
Read the first time April 8, 1998.
TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-6240(C) of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:
"(C) If the person fails to file an appeal within ten days after the conviction, the forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640.as follows:
(1) the sheriff or chief of police shall notify within fifteen days, 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. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within three weeks after the date of the notice, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, 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 at a public auction;
(2) if the identity or address of the last registered owner cannot be determined, 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 motor vehicle was forfeited is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered mail or certified mail and must have the same contents required for notice by registered mail;
(3) if the vehicle is not reclaimed as provided in this subsection, the sheriff or chief of police shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling without the necessity of additional titling of the vehicle. The costs of the auction, towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to this subsection, must be reimbursed from the proceeds of the sale of the vehicle. Any remaining proceeds from the sale must be deposited in the general fund of the county or municipality.
(D) However, If the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids."
SECTION 2. This act takes effect upon approval by the Governor.