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COMMITTEE AMENDMENT ADOPTED AND AMENDED
April 8, 2003
S. 495
Introduced by Senators Knotts, Courson, Waldrep, Martin and Setzler
S. Printed 4/8/03--S.
Read the first time March 19, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"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 break down, 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. 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 thirty days. 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. An attempt to notify the owner and all lienholders by certified or registered United States mail with return receipt requested constitutes notification for purposes of this section.
(C) If the identify 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) The proprietor, owner, operator of a storage place, garage, or towing service, who has towed and stored a vehicle or object and has a lien against the vehicle or object and its contents, may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10. Storage costs only may be charged after the lienholder of record has been notified by certified or registered mail, return receipt requested, of its location. 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. Fifteen 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 is considered abandoned and may be sold by the magistrate pursuant to the procedures in Section 29-15-10."
SECTION 2. Section 16-11-760 of the 1976 Code is amended to read:
"Section 16-11-760. (A) It shall be is unlawful for any 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 such the property near each entrance prohibiting such this parking. Proof of the posting shall be is deemed and taken as notice conclusive against the person making entry.
(B) Any motor-driven or other A vehicle found parked on private property as provided in this section may be towed away and stored at the expense of the vehicle registered owner or lienholder, and such charges for towing and storage charge shall constitute a lien against such vehicle, 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.
It shall be lawful for any proprietor, owner and operator of any storage place, garage or towing service of whatever kind, which shall have towed away and stored any such vehicle, to have the vehicle sold at public outcry to the highest bidder upon the expiration of thirty days after written notice by certified mail has been given to the owner of the vehicle at his last known address that the towing and storage charges are due and such vehicle shall be sold by any regular or special constable appointed by any court of competent jurisdiction in the county in which the towing was performed or the vehicle was stored. Any regular or special constable shall, before selling the vehicle, advertise it for at least fifteen days by posting a notice in three public places in the county of sale, one of which shall be the courthouse door or bulletin board. 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 the court, subject to the order of the owner thereof, or his legal representatives, and shall issue a bill of sale to the highest bidder. The regular or special constable who shall sell the vehicle shall be entitled to receive the same commissions as are allowed by law for the sale of personal property by constables. Any such sale shall be made for cash to the highest bidder after the notice shall have been given and the true result of such sale shall be forthwith made known to the original owner of the article so sold by notice addressed to the last known address of such owner.
Provided, however, that any such sale shall be subject to any outstanding lien recorded on the title certificate for such vehicle, which lien shall remain in full force and effect to the same extent as if such sale had not been held. In the event that the title certificate shows an unsatisfied lien, notice shall also be given to the lienholder in addition to the owner as above provided, and in addition thereto the officer selling said vehicle shall furnish to the lienholder the name and address of the purchaser of said vehicle. The bill of sale to the highest bidder shall clearly state that said vehicle is subject to the lien or liens of recorded lienholders.
(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) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not less than twenty-five dollars and not exceeding one hundred dollars or by imprisonment for a term imprisoned not exceeding thirty days, and. This punishment is in addition to the other remedies which are authorized in this section.
(E) An attempt to notify the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section."
SECTION 3. Section 56-5-5630 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:
"Section 56-5-5630. (a)(1) For purposes of this section, 'vehicle' means any motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the direction of a law enforcement officer, and applies to any vehicle in custody at the time of the enactment of this section.
(2) When an abandoned motor vehicle has been taken into custody, the sheriff, or his designee, or chief of police, or his designee, storage place having towed and received the vehicle shall notify within forty-five 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. An attempt to notify the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. 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 all lienholders of the right to reclaim the motor vehicle within fifteen days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle or other property in custody, and state that the failure of the owner or 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 all 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.
(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 motor 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.
(c) No A lienholder shall be is not subject to any 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. No An owner of a vehicle which has been stolen and thereafter after that abandoned, as defined by this article, shall be is not liable for any charges or penalties imposed herein in this section, otherwise all charges or penalties are the responsibility of the last registered owner. A vehicle shall be is deemed to be stolen when the registered owner notifies a police officer of this State and such the report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle. Within thirty days of the tow, the law enforcement agency that requested the tow shall provide the towing company 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."
SECTION 4. Section 56-5-5640 of the 1976 Code, as last amended by Act 195 of 2002, 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 sheriff or his designee, or chief of police or his designee shall sell 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 sales receipt from the sheriff or chief of police magistrate's bill of sale, and must be is entitled to register the purchased vehicle and receive a certificate of title. The sales receipt bill of sale at such the sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in such this case no further titling of the vehicle must be 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, 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 and. An attempt must be made by the proprietor, owner, or operator of the storage place, or their designee, to 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 5. Section 56-5-2522 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor.
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