S 0988 General Bill, By Reese, Land, O'Dell, Russell and J.V. Smith
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-3-2330 to Article 25, Chapter 3, Title 56, so as to provide for the
 issuance of manufacturer license plates; by adding Section 12-37-2721 so as to
 provide a property tax exemption for vehicles operated on the highway under
 manufacturer's license plates; to amend Sections 56-15-10, as amended, and
 56-28-10, relating to definitions of manufacturer, so as to include motor
 vehicles manufactured in this State; to amend Sections 12-36-90 and 12-36-110,
 both as amended, relating to gross proceeds of sales and sales at retail, so
 as to exempt a motor vehicle used with a manufacturer's license plate from
 imposition of tax.

   01/11/94  Senate Introduced and read first time SJ-58
   01/11/94  Senate Referred to Committee on Finance SJ-58
   03/17/94  Senate Committee report: Favorable with amendment
                     Finance SJ-12
   03/22/94  Senate Amended SJ-17
   03/22/94  Senate Read second time SJ-18
   03/22/94  Senate Ordered to third reading with notice of
                     amendments SJ-18
   03/23/94  Senate Amended SJ-17
   03/23/94  Senate Read third time and sent to House SJ-17
   03/24/94  House  Introduced and read first time HJ-7
   03/24/94  House  Referred to Committee on Education and Public
                     Works HJ-8
   04/27/94  House  Committee report: Majority favorable with amend.,
                     minority unfavorable Education and Public Works HJ-4

COMMITTEE REPORT

April 27, 1994

S. 988

Introduced by SENATORS Reese, Land, O'Dell, Russell and J. Verne Smith

S. Printed 4/27/94--H.

Read the first time March 24, 1994.

To whom was referred a Bill (S. 988), to amend the Code of Laws of South Carolina, 1976, by adding Section 56-3-2330 to Article 25, Chapter 3, Title 56, so as to provide for the issuance of manufacturer license plates, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Article 25, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-2330. (A) Upon application and payment of the required fee, the department may issue no more than four hundred manufacturer license plates to a motor vehicle manufacturer. The license plates must be designed by the department. License plates issued pursuant to this section must be used exclusively on motor vehicles, including motorcycles, owned or in possession of a manufacturer. Manufacturer license plates must not be used to operate wreckers in use by the manufacturer nor to operate vehicles leased or rented to the public by the manufacturer.

(B) A motor vehicle manufacturer shall apply for manufacturer license plates on a form prescribed by the department and shall provide proof the applicant is a bona fide motor vehicle manufacturer. The cost of each manufacturer plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the principal facility of the manufacturer is located. Each plate is valid for two years.

(C) Vehicles with manufacturer plates may be operated by persons authorized by the manufacturer on vehicles of that manufacturer's brand on state streets and highways for testing, distribution, evaluation, and promotion of vehicles. Vehicles with manufacturer plates may be used no more than ten consecutive days in connection with civic events and sporting events.

(D) A manufacturer who violates the provisions regarding use of motor vehicles is subject to the imposition of any administrative penalty permitted by law.

(E) For the purpose of this section only, `motor vehicle manufacturer' is defined as a person in the business of manufacturing or assembling new and unused vehicles in this State."

SECTION 2. The 1976 Code is amended by adding:

"Section 12-37-2721. The provisions of this article do not apply to motor vehicles held by a manufacturer and operated on the highway with manufacturer's license plates issued pursuant to Section 56-3-2330 or to motor vehicles owned and licensed by motor vehicle dealers and operated on the highway with education license plates pursuant to Section 56-3-2320."

SECTION 3. Section 12-36-90(2)(e) of the 1976 Code, as added by Section 105D., Part II, Act 164 of 1993, is amended to read:

"(e) a motor vehicle operated with a dealer, or a transporter, a manufacturer, or an education license plate and used in accordance with the provisions of Section 56-3-2320 or 56-3-2330;"

SECTION 4. Section 12-36-110(1)(c)(v) of the 1976 Code, as added by Section 105E., Part II, Act 164 of 1993, is amended to read:

"(v) a motor vehicle operated with a dealer, or a transporter, a manufacturer, or an education license plate and used in accordance with the provisions of Section 56-3-2320 or 56-3-2330;"

SECTION 5. Section 56-3-2320(A) of the 1976 Code, as last amended by Section 1388, Act 181 of 1993 and Section 105B, Part II, Act 164 of 1993, is further amended by inserting before the last unnumbered paragraph:

"Upon application to the department, a public or private school, college, or university may be issued an education license plate to be used on vehicles loaned or rented to the school, college, or university by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, or university is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued."

SECTION 6. This act takes effect upon approval by the Governor./

Amend title to conform.

Majority favorable. Minority unfavorable.

OLIN R. PHILLIPS KENNETH KENNEDY

For Majority. For Minority.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2330 TO ARTICLE 25, CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES OPERATED ON THE HIGHWAY UNDER MANUFACTURER'S LICENSE PLATES; TO AMEND SECTIONS 56-15-10, AS AMENDED, AND 56-28-10, RELATING TO DEFINITIONS OF MANUFACTURER, SO AS TO INCLUDE MOTOR VEHICLES MANUFACTURED IN THIS STATE; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALES AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A MANUFACTURER'S LICENSE PLATE FROM IMPOSITION OF TAX.

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

SECTION 1. Article 25, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-2330. (A) Upon application and payment of the required fee, the department may issue no more than two hundred manufacturer license plates to a motor vehicle manufacturer. The license plates must be used exclusively on motor vehicles, including motorcycles, owned or in possession of a manufacturer. Manufacturer license plates may not be used to operate wreckers in use by the manufacturer, nor to operate vehicles which are leased or rented to the public by the manufacturer.

(B) A motor vehicle manufacturer shall apply for manufacturer license plates on a form prescribed by the department and shall provide proof that the applicant is a bona fide motor vehicle manufacturer. The cost of each manufacturer plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the principal facility of the manufacturer is located. Each plate is valid for two years.

(C) Vehicles with manufacturer plates, not to exceed one such license vehicle per household, may be operated by persons authorized by the manufacturer on vehicles of that manufacturer's brand on state streets and highways for testing, distribution, evaluation, and promotion of vehicles. Vehicles with manufacturer plates may be used no more than ten consecutive days in connection with civic events and sporting events.

(D) A manufacturer who violates the provisions regarding use of motor vehicles is subject to imposition of any administrative penalty permitted by law.

(E) For the purpose of this section only, `motor vehicle manufacturer' is defined as a person in the business of manufacturing or assembling new and unused vehicles in this State."

SECTION 2. The 1976 Code is amended by adding:

"Section 12-37-2721. The provisions of this article do not apply to motor vehicles which are held by a manufacturer and which are operated on the highway with manufacturer's license plates issued pursuant to Section 56-3-2330."

SECTION 3. Section 56-15-10(b) of the 1976 Code is amended to read:

"(b) `Manufacturer', any a person engaged in the business of manufacturing or assembling new and unused motor vehicles."

SECTION 4. Section 56-28-10(2) of the 1976 Code is amended to read:

"(2) `Manufacturer' means any a person, resident, or nonresident, who manufacturers or assembles or imports or distributes new and unused motor vehicles in this State or which are to be sold in the State."

SECTION 5. Section 12-36-90(2)(e) of the 1976 Code, as added by Section 105D., Part II, Act 164 of 1993, is amended to read:

"(e) a motor vehicle operated with a dealer, or transporter, or manufacturer license plate and used in accordance with the provisions of Section 56-3-2320 or Section 56-3-2330;"

SECTION 6. Section 12-36-110(1)(c)(v) of the 1976 Code, as added by Section 105E., Part II, Act 164 of 1993, is amended to read:

"(v) a motor vehicle operated with a dealer, or transporter, or manufacturer license plate and used in accordance with the provisions of Section 56-3-2320 or Section 56-3-2330;"

SECTION 7. Section 56-3-2320(A) of the 1976 Code, as last amended by Section 1388, Act 181 of 1993 and Section 105B, Part II, Act 164 of 1993, is further amended by inserting before the last unnumbered paragraph:

"A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department."

SECTION 8. This act takes effect upon approval by the Governor.