South Carolina General Assembly
115th Session, 2003-2004

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Bill 4649

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--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Paths Council\nbd\12667ac04)

Amt. No. 2 (Doc. Paths Council\nbd\12665ac04)

June 2, 2004

H. 4649

Introduced by Rep. Harrison

S. Printed 6/01/04--S.

Read the first time March 9, 2004.

            

A BILL

TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND 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.

Amend Title To Conform

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

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 operated by 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 shall 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 shall 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 may must not investigate collisions 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."

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

(C)    Any A towing company failing to give such this notice 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 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.

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)(A)(1)    For purposes of this section article, 'vehicle' means any a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the discretion of a law enforcement officer, 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 place 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 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:

(a)    describe give a description of the year, make, model, and serial 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 fifteen thirty days after the date beginning the day after the notice is mailed, return receipt requested, upon payment of all towing, preservation, and storage charges, notification, publication, and court costs resulting from placing the vehicle or other property in custody,; and

(d)    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 considered a waiver by the owner and lienholders of all right rights, title, and interest in the vehicle or other property and is considered as their 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 company and storage facility must accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service they 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 or certified 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 criminal 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. 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 five 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 five days of the towing date.

A vehicle is deemed considered to be stolen when the registered owner notifies a police officer and the files a report which is accepted and carried placed on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the The law enforcement agency that requested the tow shall must provide the towing company and storage facility, at no cost to the towing company and storage operator facility, the current owner's name, and 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 any costs or fee fees associated with the towing and storage of a vehicle or other property 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."

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, shall 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 motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed considered 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 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 or other property remaining in their the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. Failure A person who fails to provide the law enforcement agency with 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 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. Upon Within ten days of receipt of this list, the sheriff or chief of police shall 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 vehicle identification number or a description of the object vehicle on the proper forms within ten days and must be at no cost to the storage operator proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The storage place proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle shall 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 towing or storage owner or operator shall 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 where 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 non-titled 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.

(D) (E)        The proprietor, owner, or operator of a storage place, garage, or towing service, who of the towing company, storage facility, garage, or repair shop that has towed and stored a vehicle or object has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10,. and 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, 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 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. Fifteen If the vehicle is not reclaimed within thirty days after the day 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 is considered abandoned and may be sold by the magistrate pursuant to the procedures set forth 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 from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage 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 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."

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 storage place, or their designee, towing company, storage facility, garage, or repair shop may have the abandoned vehicle sold at a public auction pursuant to the provisions of 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 bill order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The bill order of sale given at the sale must 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 56-5-5630 29-15-10 must be reimbursed up to the amount of the auction sale price from the sale proceeds of the sale of the vehicle. Any remainder from of the sale 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, magistrate shall must 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 within ninety days from the date 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."

SECTION    6.    Section 56-5-5660 of the 1976 Code is amended to read:

"(a)(A)    Any person or unit of government upon whose property or in whose possession is found any an abandoned motor vehicle, or any person being 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 situated located for authority to sell, give away, or dispose of or give the vehicle to a demolisher.

(b)(B)    The application shall set out must give the name and address of the applicant, the year, make, model, and serial identification number of the vehicle, if ascertainable, together along with any other identifying features, and shall 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 shall must execute an affidavit stating that the facts alleged therein are true and that no material fact has been withheld.

(c)(C)    If the sheriff or chief of police finds determines that the application is executed in proper form, and shows demonstrates that the vehicle has been abandoned upon the property of the applicant, the notification procedures set forth in Section 56-5-5630 shall must be followed. If the vehicle is not reclaimed in accordance with Section 56-5-5630, the sheriff or chief of police shall must follow the procedure set forth in Section 56-5-5660(d) 56-5-5660(D) for issuance of disposal authority certificates.

(d)(D)    If the application shows demonstrates that the vehicle is not abandoned but that the applicant appears to be the rightful owner, the sheriff or chief of police shall must give the applicant a certificate of authority to sell, or give away or dispose of the vehicle to any demolisher for demolition, wrecking, or dismantling. A disposal authority certificate may contain multiple listings. The demolisher shall must accept such certificate in lieu of the certificate of title to the vehicle.

(e)(E)    Notwithstanding any other provisions of law, any person or unit of government upon whose property or in whose possession is found any an abandoned motor vehicle, or any person being 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 the vehicle it, and

(3)    the vehicle has no engine or is otherwise totally inoperable."

SECTION    7.    Section 56-5-5670 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(a)(A)    Any A demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolition demolishing shall not be is not required to obtain a certificate of title for such the vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall must surrender for cancellation the certificate of title, or auction sales receipt, or disposal authority certificate. The department shall must issue such forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate.

(b)(B)    A demolisher shall must keep an accurate and complete record of all abandoned motor vehicles purchased or received by him in the course of his business. These records shall must contain the name and address of the person from whom each vehicle was purchased or received, and the date when such 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 shall be are open for inspection by any police officer at any time during normal business hours. Any record required by this section shall must be kept by the demolisher for at least one year after the transaction to which it applies."

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)(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 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 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.

(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.

(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    9.    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 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, in which where a vehicle remains unclaimed for a period of thirty days shall must, within five days after the expiration of that the thirty-day period, report the vehicle as unclaimed to the Department department. Such The report shall must be on a form prescribed by the Department department. The form may be submitted 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 '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, and liens, for its garaging, parking, or storing or costs associated with the towing and storage."

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 motor-driven or other vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent,. if If the property is for commercial use, the owner shall must 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 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 their his 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 subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not exceeding nor more than one hundred dollars or imprisoned for not exceeding more than thirty days. This punishment is in addition to the other remedies which are authorized in this section."

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)    It is lawful for any A proprietor, an owner, or an operator of any towing company, storage place facility, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or any person who repairs or furnishes any material for the repairs to an article may sell the property as provided in this section. article at public auction to the highest bidder if:

(1)    When property the article has been left at his the shop for repairs or storage, and after the completion of these the repairs have been completed or the expiration of the storage contract has expired,; and

(2)    the article has been continuously retained in his possession,; the property may be sold at public auction to the highest bidder; and

(3)    upon the expiration of thirty days after have passed since written notice has been was given to the owner of the property article and to any lienholder with a perfected security interest in the property that the repairs have been completed or the storage charges are due contract has expired.

The property article must be sold by a magistrate of the county in which the work was repairs were done or the vehicle or thing 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 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 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.

(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 non-titled 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 property article, shall ensure that the owner or any lienholder of record has been notified of the pending sale,. and the The magistrate shall must advertise the property article 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, The magistrate must pay to the claimant 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, to him, taking his receiving a receipt for it, 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. 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. 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.

(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."

SECTION    12.    This act takes effect upon approval by the

Governor.

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This web page was last updated on Thursday, June 25, 2009 at 9:52 A.M.