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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
May 28, 2008
S. Printed 5/28/08--S. [SEC 5/29/08 1:54 PM]
Read the first time April 30, 2008.
TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-5635(A) and (B) of the 1976 Code is amended to read:
"(A) Notwithstanding another provision of law,
a law enforcement an officer who directs that a vehicle be towed for any reason, whether on public or private property, 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 vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is considered a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle 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 an officer's towing request, 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 remaining in the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. A person who fails to provide the law enforcement agency with this list forfeits recovery of 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. Within ten days of receipt of this list, the sheriff or chief of police 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 identification number or a description of the vehicle at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle 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."
SECTION 2. The introductory language of Section 56-5-5810 and Section 56-5-5810(a) of the 1976 Code are amended to read:
"Section 56-5-5810. For the purposes of this article and Article 39:
(a) 'Officer' means any state, county, or municipal law enforcement officer, including county and municipal code enforcement and sanitation officers."
SECTION 3. This act takes effect upon approval by the Governor.
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