S*588 Session 103 (1979-1980)
S*0588(Rat #0442, Act #0385 of 1980) General Bill, By J.C. Lindsay
A Bill to amend Sections 56-3-20, 56-3-240, 56-19-10, 56-19-240 and 56-19-290,
Code of Laws of South Carolina, 1976, relating to registration and licensing
of and the issuance of certificates of title to motor vehicles, so as to
provide for the definition of the terms "odometer", "odometer reading" and
"odometer disclosure statement"; to require that information relating to the
odometer reading be contained in the application for a certificate of title to
and to the application for registration of motor vehicles; to provide for the
information which shall be contained in applications for and the certificate
of title issued for motor vehicles; to provide a fee for odometer readings or
information; and to provide penalties for violations.-at
06/12/79 Senate Introduced and read first time SJ-29
06/12/79 Senate Referred to Committee on Transportation SJ-29
06/26/79 Senate Committee report: Favorable Transportation SJ-19
06/28/79 Senate Read second time SJ-20
06/28/79 Senate Ordered to third reading with notice of
amendments SJ-20
07/02/79 Senate Read third time and sent to House SJ-9
07/03/79 House INTRODUTION OF BILL RULED OUT OF ORDER HJ-2926
01/08/80 House Introduced and read first time HJ-33
01/08/80 House Referred to Committee on Ways and Means HJ-34
04/03/80 House Committee report: Favorable Ways and Means HJ-1852
04/09/80 House Debate adjourned HJ-1959
04/15/80 House Debate adjourned HJ-2073
04/16/80 House Amended HJ-2110
04/16/80 House Read second time HJ-2110
04/17/80 House READ THIRD TIME HJ-2164
04/17/80 House Returned HJ-2164
04/17/80 Senate Concurred in House amendment and enrolled SJ-4
04/22/80 Senate Ratified R 442 SJ-16
04/28/80 Signed By Governor
04/28/80 Effective date 01/01/81
04/28/80 Act No. 385
05/20/80 Copies available
(A385, R442, S588)
AN ACT TO AMEND SECTIONS 56-3-20, 56-3-240, 56-19-10, 56-19-240 AND 56-19-290,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING
OF AND THE ISSUANCE OF CERTIFICATES OF TITLE TO MOTOR VEHICLES, SO AS TO
PROVIDE FOR THE DEFINITION OF THE TERMS "ODOMETER", "ODOMETER
READING" AND "ODOMETER DISCLOSURE STATEMENT"; TO REQUIRE THAT
INFORMATION RELATING TO THE ODOMETER READING BE CONTAINED IN THE APPLICATION
FOR A CERTIFICATE OF TITLE TO AND TO THE APPLICATION FOR REGISTRATION OF MOTOR
VEHICLES; TO PROVIDE FOR THE INFORMATION WHICH SHALL BE CONTAINED IN
APPLICATIONS FOR AND IN THE CERTIFICATE OF TITLE ISSUED FOR MOTOR VEHICLES; TO
PROVIDE A FEE FOR ODOMETER READINGS OR INFORMATION; AND TO PROVIDE PENALTIES
FOR THE VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
Section 1. Section 56-3-20 of the 1976 Code is amended by striking
"and" at the end of item (25), by striking the period at the end of
item (26) and inserting a semicolon and by adding at the end:
"(27) 'Odometer:' An instrument for measuring and recording the actual
distance a motor vehicle travels while in operation; but shall not include any
auxiliary instrument designed to be reset by the operator of the motor vehicle
for the purpose of recording the distance traveled on trips;
(28) 'Odometer reading:' Actual cumulative distance traveled disclosed on
the odometer;
(29) 'Odometer disclosure statement:' A statement, as prescribed by item (4)
of Section 56-3-240, certified by the owner of the motor vehicle to the
transferee or to the Department as to the odometer reading."
Odometer disclosure statement
Section 2. Section 56-3-240 of the 1976 Code is amended by striking
"and" after item (2); by striking the period at the end of item (3)
and inserting a semicolon and by adding at the end:
"(4) In addition to the information required by item (2), whenever the
application is for a motor vehicle which has been transferred from a previous
registrant to the applicant, the applicant will complete the odometer
disclosure statement on the application which shall read:
'I certify that the odometer reading is ___________
miles/kilometers (indicate one).
Check one only:
________ To the best of my knowledge, the odometer reading stated reflects the
actual cumulative distance traveled by the vehicle described herein.
_______ The odometer reading stated is in excess of 99,999.
_______ The odometer reading stated does not reflect the actual cumulative
distance traveled.
Under the terms of the Federal Motor Vehicle Information and Cost Savings Act
and applicable state law, incorrect information may result in civil liability
and civil or criminal penalties.'"
Definitions
Section 3. Section 56-19-10 of the 1976 Code is amended by adding at the
end:
"(41) 'Odometer:' An instrument for measuring and recording the actual
distance a motor vehicle travels while in operation; but shall not include any
auxiliary instrument designed to be reset by the operator of the motor vehicle
for the purpose of recording the distance traveled on trips;
(42) 'Odometer reading:' Actual cumulative distance traveled disclosed on
the odometer;
(43) 'Odometer disclosure statement:' A statement, as prescribed by item (d)
of subsection (1) of Section 56-19-240, certified by the owner of the motor
vehicle to the transferee or to the Department as to the odometer
reading."
Information in application for certificate of title
Section 4. Section 56-19-240 of the 1976 Code is amended to read:
"Section 56-19-240. (1) An application for a certificate of title for a
vehicle in this State shall be made by the owner to the Department on the form
it prescribes and shall contain or be accompanied by:
(a) the name and residence and mailing address of the owner;
(b) a description of the vehicle, including, so far as the following data
exists, its make, model, year, vehicle identification number, type of body,
the number of cylinders, odometer reading at the time of application, and
whether new or used;
(c) the date of acquisition by applicant, the name and address of the person
from whom the vehicle was acquired and the names and addresses of any
lienholders in the order of their priority and the amounts and the dates of
their security agreements;
(d) an odometer disclosure statement made by the transferor of the vehicle
and acknowledged by the transferee. The statement shall read:
'I certify that the odometer reading is________________
miles/kilometers (indicate one).
Check one only:
__________ To the best of my knowledge, the odometer reading stated reflects
the actual cumulative distance traveled by the vehicle described herein.
__________ The odometer reading stated is in excess of 99,999.
__________ The odometer reading stated does not reflect the actual cumulative
distance traveled.
Under the terms of the Federal Motor Vehicle Information and Cost Savings Act
and applicable state law, incorrect information may result in civil liability
and civil or criminal penalties.'
The transferor may complete the odometer disclosure statement on either a
notorized bill of sale, which shall be in a form approved by the Department,
or on the previous certificate of title; provided, however, that where more
than one transfer has intervened between the previous certificate of title and
the application for a new certificate of title, there shall be, for each
intervening transfer, a notorized bill of sale which shall be in a form
approved by the Department, including a completed odometer disclosure
statement. Additionally, the odometer disclosure statement on the application
form must be completed by the applicant;
(e) any further information or documentation the Department reasonably
requires to enable it to determine: the identity of the vehicle, whether the
owner is entitled to a certificate of title, the existence or nonexistence of
security interests in the vehicle, and the accuracy of the odometer disclosure
statement;
(2) If the application is not for the first certificate of title, it shall
be accompanied by the last certificate of title previously issued for the
vehicle, whether issued by this State or another state or country.
(3) If the application refers to a vehicle purchased from a dealer, it shall
contain the name and address of any lienholder holding
security interest created or reserved at the time of the sale and the date of
his security agreement and be signed by the dealer as well as the owner, and
the dealer shall promptly mail or deliver the application to the Department.
If the application refers to a new vehicle purchased from a dealer, the
application shall also be accompanied by the manufacturer's certificate of
origin.
(4) Any person who knowingly gives a false statement on the application or
knowingly gives a false statement concerning the odometer reading on an
odometer disclosure statement shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine of up to one thousand dollars or
imprisonment of up to one year, or both, at the discretion of the court. These
penalties shall be in addition to the penalties provided by the federal
odometer law (Subchapter IV of Chapter 46 of Title 15 of the United States
Code--15 U.S.C.Sections 1981-1991)."
Description of vehicle to be included in description
Section 5. Item (5) of Section 56-19-290 of the 1976 Code is amended to
read:
"(5) A description of the vehicle including, so far as the following
data exists: its make, model, vehicle identification number, odometer reading
at the time of application, and type of body;".
Fee
Section 6. The Department of Highways and Public Transportation shall be
authorized to charge a fee of three dollars for furnishing the odometer
reading or other odometer information concerning a particular vehicle to a
requesting party.
Time effective
Section 7. This act shall take effect January 1, 1981. |