H*3552(Rat #0083, Act #0051 of 1995)  General Bill, By Jennings, Allison, 
Askins, J.M. Baxley, B.D. Cain, Canty, C.D. Chamblee, Cooper, Dantzler, 
Davenport, Easterday, Fleming, J.L. Harris, R.J. Herdklotz, J. Hines, T.E. Huff, 
Inabinett, Kirsh, Klauber, Lanford, Law, L.H. Limbaugh, Littlejohn, Lloyd, 
McCraw, Meacham, Moody-Lawrence, Quinn, Richardson, Sandifer, Seithel, Sheheen, 
J.S. Shissias, D. Smith, Stille, Stuart, Tripp, J.W. Tucker, Vaughn, C.C. Wells, 
Whatley and S.S. Wofford
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 32
 to Title 56 so as to require motor vehicle manufacturers to disclose
 post-manufacturing damages and repairs in writing to motor vehicle dealers, to
 require motor vehicle dealers to disclose to motor vehicle purchasers in
 writing new car damages which exceed three percent of "manufacturer's
 suggested retail price", and to define "manufacturer's suggested retail
 price".

   02/08/95  House  Introduced and read first time HJ-45
   02/08/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-45
   03/22/95  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-5
   03/23/95  House  Read second time HJ-16
   03/23/95  House  Unanimous consent for third reading on next
                     legislative day HJ-17
   03/24/95  House  Read third time and sent to Senate HJ-2
   03/28/95  Senate Introduced and read first time SJ-15
   03/28/95  Senate Referred to Committee on Transportation SJ-15
   04/27/95  Senate  Polled with no report from Transportation SJ-16
   05/09/95  Senate Read second time SJ-12
   05/10/95  Senate Read third time and enrolled SJ-65
   05/11/95         Ratified R 83
   05/17/95         Signed By Governor
   05/17/95         Effective date 05/17/95
   06/06/95         Copies available
   06/06/95         Act No. 51

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

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

Motor vehicle damage disclosure

SECTION 1. Title 56 of the 1976 Code is amended by adding:

Section 56-32-10. This chapter applies to new motor vehicles as defined in Section 56-28-10(5).

Section 56-32-20. (A) A motor vehicle manufacturer shall disclose, in writing to a motor vehicle dealer at the time of delivery of a new motor vehicle, damage and repair to the new motor vehicle that occurred while the vehicle was in the possession or under the control of the manufacturer if the damage exceeds three percent of the manufacturer's suggested retail price as calculated at the rate of the dealer's authorized warranty rate for labor and parts. A manufacturer is not required to disclose to a dealer that the glass, tires, bumper, or in-dash equipment of or in a motor vehicle was damaged if the damaged item has been replaced with original or comparable new equipment.

(B) A motor vehicle dealer shall disclose, in writing to a purchaser of a new motor vehicle before entering into a sales contract, any damage and repair to the new motor vehicle if the cost of the damage exceeds three percent of the manufacturer's suggested retail price calculated at the rate of the dealer's authorized warranty rate for labor and parts. A dealer is not required to disclose to a purchaser that the glass, tires, bumper, or in-dash equipment of or in a new motor vehicle was damaged if the equipment or item has been replaced with original or comparable new equipment.

(C) If disclosure is not required under this section, a purchaser may not revoke or rescind a sales contract nor bring a civil action based solely upon the fact that the new motor vehicle was damaged and repaired before completion of the sale.

(D) For purposes of this section, `manufacturer's suggested retail price' means the retail price of the new motor vehicle suggested by the manufacturer including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the motor vehicle dealer."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 17th day of May, 1995.