South Carolina General Assembly
118th Session, 2009-2010

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H. 3988

STATUS INFORMATION

General Bill
Sponsors: Rep. Funderburk
Document Path: l:\council\bills\agm\19406mm09.docx

Introduced in the House on April 29, 2009
Introduced in the Senate on April 22, 2010
Last Amended on April 21, 2010
Currently residing in the Senate Committee on Judiciary

Summary: Vehicles

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   4/29/2009  House   Introduced and read first time HJ-9
   4/29/2009  House   Referred to Committee on Judiciary HJ-10
   3/24/2010  House   Committee report: Favorable Judiciary HJ-25
   4/14/2010  House   Debate interrupted HJ-34
   4/15/2010  House   Debate adjourned until Tuesday, April 20, 2010 HJ-38
   4/20/2010  House   Debate adjourned until Wednesday, April 21, 2010 HJ-13
   4/21/2010  House   Debate adjourned HJ-14
   4/21/2010  House   Amended HJ-33
   4/21/2010  House   Read second time HJ-33
   4/22/2010  House   Read third time and sent to Senate HJ-13
   4/22/2010  Senate  Introduced and read first time SJ-9
   4/22/2010  Senate  Referred to Committee on Judiciary SJ-9

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/29/2009
3/24/2010
4/21/2010

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 21, 2010

H. 3988

Introduced by Rep. Funderburk

S. Printed 4/21/10--H.

Read the first time April 29, 2009.

            

A BILL

TO AMEND SECTION 39-20-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF A LIEN IN CONNECTION WITH A SELF-SERVICE STORAGE FACILITY, SO AS TO PROVIDE FOR ANOTHER PROCEDURE FOR ENFORCEMENT OF A LIEN AGAINST A TITLED VEHICLE.

Amend Title To Conform

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

SECTION    1.    Section 39-20-45 of the 1976 Code, as added by Act 460 of 1986, is amended to read:

"Section 39-20-45.    (A)    If occupant has been in default continuously for fifty days, owner may enforce its lien, provided if the owner shall comply complies with, during the fifty-day default period, the following procedure. during the fifty-day default period; except that if an item subject to the rental agreement is known to the owner as a titled vehicle, the item is subject to the requirements of Section 29-15-10 and the magistrate's sale pursuant to that section. For purposes of this section, 'titled vehicle' means a motor vehicle, trailer, mobile home, watercraft, or other item titled pursuant to the law of the State of initial titling. Notwithstanding the provisions of Section 29-15-10, any costs associated with completing a sale of titled property pursuant to this section must be paid by the purchaser of the titled property:

(1)    The owner shall notify the occupant must be notified in writing by delivery by certified mail, return receipt requested, to the last known address of occupant. The owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. The notice is presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by owner.

(2)    Owner's notice to occupant shall must include an itemized statement of the owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall must describe briefly and generally describe the personal property subject to the lien. The description must be reasonably adequate to permit the person notified to identify it, except that any a container included including, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which that deters immediate access to its contents may be described as such without describing its contents. The inventory of any property taken under the provisions of this section must be done by the owner or the owner's agent with at least one other person present. Owner's notice shall must notify occupant of denial of access to the personal property and provide the name, street address, and telephone number of the owner or its designated agent, whom the occupant may contact to respond to this notice.

(3)    Owner's notice shall must demand payment within a specified time, not less than fourteen days after delivery of the notice. It shall must state that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at public sale to the highest bidder at a specified time and place.

(B)    After the expiration of the fifty-day default period, the owner shall publish an advertisement of the public sale to the highest bidder once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall must include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility and the number, if any, of the space where the personal property is located, and the name of the occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall must take place not sooner than fifteen days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement must be posted at least fifteen days before the date of the public sale and in not less no fewer than six conspicuous places in the neighborhood where the self-service storage facility is located.

(C)    If no one purchases the property at the public sale and if the owner has complied with the foregoing procedures subsections (A) and (B), the owner may otherwise dispose of the property and shall notify the occupant of the action taken. Any A sale or disposition of the personal property must be held at the self-service storage facility or at the nearest suitable place nearest to where the personal property is held or stored.

(D)    Before any sale or other disposition of personal property pursuant to this agreement, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and by that. That action redeem redeems the personal property and after that the owner shall have has no liability to any person with respect to the personal property.

(E)    A purchaser in good faith of the personal property sold to satisfy owner's lien takes the property subject to any other liens or security interests which that are perfected and recorded or liens by any a lienholder with an interest in the property of whom which

the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice.

(F)    In the event of a sale, the The owner may satisfy his lien from the proceeds of the sale. The owner shall hold the balance of the proceeds, if any, for the occupant or any a notified, secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds must be disposed of in accordance with Chapter 18 of, Title 27. In no event may the The owner's liability does not exceed the proceeds of the sale."

SECTION    2.    This act takes effect upon approval by the Governor and applies to all enforcements initiated and agreements entered into after that date.

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