S 192 Session 109 (1991-1992)
S 0192 General Bill, By M.T. Rose
A Bill to amend Title 56, Chapter 31, Code of Laws of South Carolina, 1976,
relating to the rental of private passenger automobiles, by adding Sections
56-31-50, 56-31-55, 56-31-60, and 56-31-70, so as to require the licensing and
regulation of motor vehicle rental agencies; and to amend Section 56-31-20(1)
so as to include in the definition of a "rental company" an entity in the
business of providing private passenger automobiles.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Transportation
01/08/91 Senate Introduced and read first time SJ-74
01/08/91 Senate Referred to Committee on Transportation SJ-74
A BILL
TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE
PASSENGER AUTOMOBILES, BY ADDING SECTIONS 56-31-50,
56-31-55, 56-31-60, AND 56-31-70, SO AS TO REQUIRE THE
LICENSING AND REGULATION OF MOTOR VEHICLE RENTAL
AGENCIES; AND TO AMEND SECTION 56-31-20(1) SO AS TO
INCLUDE IN THE DEFINITION OF A `RENTAL COMPANY' AN
ENTITY IN THE BUSINESS OF PROVIDING PRIVATE
PASSENGER AUTOMOBILES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 31, Title 56 of the 1976 Code is amended by
adding:
"Section 56-31-50. (A) Before engaging in business, a rental
company must obtain a license from the Department of Highways and
Public Transportation, by filing an application with the department and
furnishing any information the department reasonably may require.
Each license issued expires on December thirty-first next following the
date of issuance and must be displayed prominently at the established
place of business. The fee for the license is twenty-five dollars. The
license applies to only one place of business of the applicant and is not
transferable to any other person or place of business.
(B) If, during any license year, there is any change in the
information that an applicant gave the department to obtain or retain a
license under this section, the licensee shall report the change to the
department within thirty days after the change occurs. In the event a
licensee ceases renting private passenger automobiles, he shall notify the
department of this fact within ten days thereafter, and return to the
department any license issued pursuant to this chapter.
Section 56-31-55. Every rental company shall keep complete
records describing the vehicle identification number, make, model, and
type of body of each motor vehicle leased by that company at each
location having a license from the department. These records must be
open at all reasonable times for inspection and copying by the department or any of its duly authorized agents.
The records kept by the rental company must be maintained for a
period of not less than two years from the date of each rental and must
be maintained in a reasonably organized and orderly fashion with all
entries being legible to the ordinary person upon inspection. Any
records which are illegible or incapable of accurate interpretation by
either the record keeper or the department's inspector or agent are not in
compliance with this section.
Section 56-31-60. Each rental company shall register and license a
certain number of these automobiles in this State in the manner required
by this section. The rental company shall report to the department each
year its total revenues in this State derived from the rental of private
passenger automobiles for that year. The rental company during the
following year shall register and license in this State a percentage of its
automobiles owned or leased for rental purposes equal to the percentage
its revenues derived in this State for the previous year from the rental of
private passenger automobiles bear to its total revenues derived in all
states during the previous year from the rental of these automobiles. The
department is authorized to promulgate regulations necessary for the
enforcement of the provisions of this chapter.
The Tax Commission shall furnish data to the department relating to
taxes pursuant to this section, including, but not limited to, information
about gross receipts, net taxable sales, and tax liability by taxpayers.
Section 56-31-70. (A) Any license issued under this chapter may be
denied, suspended, or revoked if the applicant or licensee is determined
by the department to have:
(a) made a material misstatement in the application for the
license;
(b) violated any provision of this chapter; or
(c) been found by a court of competent jurisdiction to have been
convicted of any crime which reasonably indicates to the department
that licensing of the applicant would be harmful to individuals renting
private passenger vehicles.
The department shall notify the licensee or applicant in writing at the
mailing address provided in his application of its intention to deny,
suspend, or revoke his license at least twenty days in advance and shall
provide the licensee an opportunity for a hearing pursuant to the
Administrative Procedures Act before any denial, suspension or
revocation of a license. A request for a hearing must be made in writing
and received by the department within ten days of the date of the notice
of the proposed denial, suspension, or revocation of the rental agency
license. Upon the denial, suspension, or revocation of a license, the
licensee shall immediately return the license to the department.
(B) Any rental company violating the provisions of this chapter may
be required to
pay a fine of not more than one thousand dollars for each violation or to
have his rental company license revoked, or both."
SECTION 2. Section 56-31-20(1) of the 1976 Code is amended to read:
"(1) 'Rental company' means a person or entity in the
business of providing private passenger automobiles to the public under
the terms of a rental agreement."
SECTION 3. This act takes effect July 1, 1991.
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