Bill Summaries: H282 (2015-2016 Session)

  • Summary date: Mar 18 2015 - View summary

    Amends GS 20-28.2(a1) concerning the definitions for the forfeiture of vehicles for specified reasons, defining State Surplus Property Agency (Agency) as the Department of Administration.

    Amends GS 20-28.3, making conforming and clarifying changes and providing that the Agency is not liable to the owner or lienholder for damage to or loss of the motor vehicle or its contents. Amends the expedited sale provisions for vehicles in certain cases, providing that the Agency, in addition to a county board of education, can sell any vehicle seized after 90 days from the date of the seizure or at any time with the consent of the owner and recover any costs associated with the sale (previously, did not allow the agency to conduct such sales and only allowed sales of cars with the fair market value of $1,500 or less and allowed county boards to sell a vehicle once storage costs surpassed 85% of the fair market value of the car). Updates statutory references.

    Amends GS 20-28.5 concerning the forfeiture of impounded motor vehicle or funds, titling subsection (a) as Sale of Vehicle in Possession of County Board of Education, providing that the provisions of that subsection refer to the sale of motor vehicles that are in the possession or constructive possession of a county board of education. Enacts GS 20-28.5(a1) concerning the sale of a vehicle in the possession or constructive possession of the Agency, providing provisions and requirements of conducting such a sale, including that the vehicle must be sold at a public sale as specified that is conducted by the Agency or its designee. Requires notice to be given by first-class mail to registered owners and lienholders of the vehicle. Provides other notice requirements and provisions regarding the purchase of the vehicle by the lienholder. Prevents the Agency or its agents from selling or in any way transferring the vehicle to the vehicle owner or any person acting on his or her behalf. Provides that all proceeds of such sales must first be applied to all costs incurred by the Agency or county board of education. 

    Amends GS 20-28.9, replacing references in the section to the Department of Public Instruction with references to the Agency, providing that the agency is authorized to enter into a contract for a statewide service or for regional services to tow, store, process, maintain, and sell motor vehicles per GS 20-28.3. Adds language that allows the Agency to enter into the specified contracts in certain regions of the state while performing the specified work itself in other regions of the state. Makes conforming changes. Deletes provision concerning administrative fees for the defrayment of administrative costs. 

    Amends GS 143-64.02 the definitions section for Article 3A, Surplus Property, adding and defining the terms state owned and surplus property.

    Amends GS 143-64.03 concerning the powers and duties of the Agency clarifying that the Agency has the authority to sell all state-owned supplies, materials, and equipment that are surplus or unused as well as all seized vehicles and other conveyances.

    Amends GS 143-64.05 to provide that the Agency can assess and collect a service charge for the towing, storing, processing, maintaining, and selling of motor vehicles seized pursuant to GS 20-28.3. Makes technical changes.

    Effective July 1, 2015.