The Committee on Education and Public Works proposes the following amendment (LC-3856.CM0001H):

Amend the bill, as and if amended, SECTION 9, by striking Section 56-37-30(B)(6) and (7) and inserting:

  (6) incorrect name and address of the person a vehicle was acquired from or transferred to; or
  (7) inability to provide an account for a dealer, transporter, or wholesale auto auction plate; or.
  (8) issuance of a second temporary plate to a purchaser without prior authorization by the department.

Amend the bill further, SECTION 9, by striking Section 56-37-30(C)(4) and inserting:

  (4) issuance of any temporary license plate to a person not authorized to have the plate;

Amend the bill further, SECTION 9, Section 56-37-30, by striking 56-37-30(C)(5) and inserting:

  (4) misuse of dealer, transporter, or wholesale auto auction plate; and

Amend the bill further, SECTION 9, by striking Section 56-37-30(D)(8), (9), (10), and (11) and inserting:

  (8) failure to remit any state-owed fees within the time period prescribed by law to the department; and
  (9) conviction by the licensee involving acquisition or transfer of a title to a vehicle ;
  (10)(9) conviction by the licensee of a criminal offense or judgment in a civil case in which there is fraud connected to the sale or transfer of a vehicle; issuance of any temporary license plate to a person not authorized to have the plate. and
  (11) use of fraudulent methods or practices.

Amend the bill further, SECTION 10, by striking Section 56-37-70(C) and inserting:

 (C) The department must suspend the license of any dealer for three years upon the third accumulation of twelve points within a three-year period. Dealers may not reapply for any kind of dealer license for three years after the last issued points. Should the provisions of this subsection apply, then the department may deny applications for any type of dealer license when the applicant is a member of the immediate family of the suspended dealer. The department shall notify the licensee or applicant by certifiednormal mail or certified mail with electronic tracking at the mailing address provided in his application of its intention to suspend his license at least thirty days in advance and shall provide the licensee an opportunity for a contested case hearing before the Office of Motor Vehicle Hearings pursuant to its rules of procedure and the Administrative Procedures Act of this State. A licensee desiring a contested case hearing must request the hearing in writing within thirty days of receiving notice of the proposed suspension of his dealer's or wholesaler's license. Should the dealer not request a contested case hearing from the Office of Motor Vehicle Hearings within thirty days of receiving notice of the proposed suspension, then the suspension of the dealer license must go into effect. If the dealer requests a contested case hearing from the Office of Motor Vehicle Hearings within thirty days of receiving notice of the proposed suspension, then the dealer may continue to operate until the Office of Motor Vehicle Hearings makes a final ruling in the contested case. Upon the suspension of a license, the licensee shall immediately return to the department the license and all dealer license plates.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 56-3-1010(1) of the S.C. Code is amended to read:

 (1) "Fleet" means fifty or more marked private passenger motor vehicles or property carrying vehicles with empty weight of not more than twenty-two thousand pounds and a gross vehicle weight of not more than twenty-six thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article. A rental company as defined in Section 56-31-20 is not required to have marked vehicles as a part of the "Fleet" definition.

SECTION X. Section 56-1-15 (C), (D), and (E) of the S.C. Code is amended to read:

 (C) The department must randomly test driver's license applicants who successfully complete the driver's license examination pursuant to subsection (A) to ensure that the driver's license instructors are properly certifying that their students have successfully completed a driver's license examination.
 (D)(C) If through testing or other review procedures, the department determines that a contractor is not conforming to the law and regulations applicable to licensing, it may:
  (1) suspend the authority of a particular individual or entity operating under the contract to administer the tests;
  (2) suspend the contract;
  (3) cancel the contract.
 (E) The department must test randomly a driver's license applicant only at the time the applicant is seeking his initial driver's license at the Department of Motor Vehicles.

Renumber sections to conform.

Amend title to conform.