H*3678(Rat #0298, Act #0251 of 2002)  General Bill, By Rice and Whipper
 A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO
 REQUIRE A PERSON WHO IS REQUIRED TO REGISTER A MOTOR VEHICLE DURING THE GRACE
 PERIOD TO EITHER TRANSFER A LICENSE PLATE FROM ANOTHER MOTOR VEHICLE TO THE
 MOTOR VEHICLE WHICH MUST BE REGISTERED, PURCHASE A NEW LICENSE PLATE AND
 REGISTRATION, OR OBTAIN A TEMPORARY LICENSE PLATE FROM THE MOTOR VEHICLES
 DIVISION, THE COUNTY AUDITOR'S OFFICE, A DEALER OF NEW OR USED MOTOR VEHICLES,
 OR THE CASUAL SELLER OF THE MOTOR VEHICLE, TO PROVIDE FOR THE CONTENT, DESIGN,
 FEE FOR, AND ISSUANCE OF TEMPORARY LICENSE PLATES, TO PROVIDE THAT CERTAIN
 DOCUMENTS MUST BE MAINTAINED IN A MOTOR VEHICLE THAT DISPLAYS A TEMPORARY
 LICENSE PLATE OR A TRANSFERRED LICENSE PLATE, TO PROVIDE A PENALTY FOR A
 VIOLATION OF A PROVISION CONTAINED IN THIS SECTION, TO PROVIDE FOR THE
 DISTRIBUTION OF TEMPORARY LICENSE PLATE FEES, TO PROVIDE THAT A TEMPORARY
 LICENSE PLATE MUST BE REPLACED WITH A PERMANENT LICENSE PLATE AND REGISTRATION
 CARD, TO PROVIDE THAT THIS SECTION DOES NOT EFFECT A PERSON'S RESPONSIBILITY
 TO OBTAIN INSURANCE BEFORE OPERATING A MOTOR VEHICLE, AND TO PROVIDE THAT ONLY
 ONE TEMPORARY LICENSE PLATE SHALL BE ISSUED TO A PURCHASER OF A MOTOR VEHICLE
 FOR THE MOTOR VEHICLE HE HAS PURCHASED BEFORE IT IS REGISTERED PERMANENTLY;
 AND TO REPEAL SECTION 56-3-220, RELATING TO MOTOR VEHICLE DEALERS ATTACHING
 AND DISPLAYING DEALER SOLD CARDS ON MOTOR VEHICLES WHICH THEY SELL TO INDICATE
 THAT THE MOTOR VEHICLE IS BEING OPERATED WITHIN THE GRACE PERIOD ALLOWED FOR
 REGISTERING A NEWLY ACQUIRED MOTOR VEHICLE.-amended title

   03/07/01  House  Introduced and read first time HJ-28
   03/07/01  House  Referred to Committee on Education and Public
                     Works HJ-29
   05/23/01  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-91
   05/29/01  House  Debate adjourned until Wednesday, May 30, 2001 HJ-71
   05/30/01  House  Requests for debate-Rep(s). Walker, Rodgers,
                     Gilham, WD Smith, Stuart, Stille, Hosey,
                     Easterday and Hamilton HJ-23
   05/30/01  House  Requests for debate removed-Rep(s). WD Smith HJ-27
   05/30/01  House  Requests for debate removed-Rep(s). Easterday,
                     Walker, Rodgers, Stuart, Gilham, Stille, Hosey
                     and Hamilton HJ-75
   05/30/01  House  Debate adjourned until Thursday, May 31, 2001 HJ-75
   05/31/01  House  Debate adjourned until Tuesday, June 5, 2001 HJ-10
   06/05/01  House  Debate adjourned until Wednesday, June 6, 2001 HJ-25
   06/06/01  House  Debate adjourned until Tuesday, January 8, 2002 HJ-10
   01/08/02  House  Debate adjourned until Tuesday, January 15, 2002 HJ-63
   01/15/02  House  Debate adjourned until Wednesday, January 16,
                     2002 HJ-18
   01/16/02  House  Debate adjourned until Thursday, January 31, 2002 HJ-15
   01/31/02  House  Debate adjourned until Tuesday, February 5, 2002 HJ-11
   02/05/02  House  Requests for debate-Rep(s). Scott, JE Smith,
                     Bales, Ott, Howard, JH Neal, Rice, McLeod,
                     Hayes, Stuart, Cooper, White, Knotts, Gourdine,
                     Cotty, Merrill, Davenport and Phillips HJ-14
   02/12/02  House  Requests for debate removed-Rep(s). JE Smith HJ-22
   02/21/02  House  Amended HJ-28
   02/21/02  House  Read second time HJ-35
   02/21/02  House  Roll call Yeas-103  Nays-0 HJ-35
   02/21/02  House  Unanimous consent for third reading on next
                     legislative day HJ-35
   02/22/02  House  Read third time and sent to Senate HJ-2
   02/26/02  Senate Introduced and read first time SJ-5
   02/26/02  Senate Referred to Committee on Transportation SJ-5
   04/09/02  Senate Committee report: Favorable with amendment
                     Transportation SJ-24
   04/10/02  Senate Amended SJ-35
   04/10/02  Senate Read second time SJ-35
   04/10/02  Senate Ordered to third reading with notice of
                     amendments SJ-35
   04/11/02  Senate Read third time and returned to House with
                     amendments SJ-13
   04/18/02  House  Senate amendment amended HJ-64
   04/18/02  House  Returned to Senate with amendments HJ-64
   04/24/02  Senate Concurred in House amendment and enrolled SJ-28
   05/08/02         Ratified R 298
   05/14/02         Signed By Governor
   06/05/02         Act No. 251
   06/19/02         Effective date - certain portions take effect:
                     05/14/02, 01/01/03, 07/01/03
   06/19/02         Copies available

AN ACT TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO REQUIRE A PERSON WHO IS REQUIRED TO REGISTER A MOTOR VEHICLE DURING THE GRACE PERIOD TO EITHER TRANSFER A LICENSE PLATE FROM ANOTHER MOTOR VEHICLE TO THE MOTOR VEHICLE WHICH MUST BE REGISTERED, PURCHASE A NEW LICENSE PLATE AND REGISTRATION, OR OBTAIN A TEMPORARY LICENSE PLATE FROM THE MOTOR VEHICLES DIVISION, THE COUNTY AUDITOR'S OFFICE, A DEALER OF NEW OR USED MOTOR VEHICLES, OR THE CASUAL SELLER OF THE MOTOR VEHICLE, TO PROVIDE FOR THE CONTENT, DESIGN, FEE FOR, AND ISSUANCE OF TEMPORARY LICENSE PLATES, TO PROVIDE THAT CERTAIN DOCUMENTS MUST BE MAINTAINED IN A MOTOR VEHICLE THAT DISPLAYS A TEMPORARY LICENSE PLATE OR A TRANSFERRED LICENSE PLATE, TO PROVIDE A PENALTY FOR A VIOLATION OF A PROVISION CONTAINED IN THIS SECTION, TO PROVIDE FOR THE DISTRIBUTION OF TEMPORARY LICENSE PLATE FEES, TO PROVIDE THAT A TEMPORARY LICENSE PLATE MUST BE REPLACED WITH A PERMANENT LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE THAT THIS SECTION DOES NOT AFFECT A PERSON'S RESPONSIBILITY TO OBTAIN INSURANCE BEFORE OPERATING A MOTOR VEHICLE, AND TO PROVIDE THAT ONLY ONE TEMPORARY LICENSE PLATE SHALL BE ISSUED TO A PURCHASER OF A MOTOR VEHICLE FOR THE MOTOR VEHICLE HE HAS PURCHASED BEFORE IT IS REGISTERED PERMANENTLY; AND TO REPEAL SECTION 56-3-220, RELATING TO MOTOR VEHICLE DEALERS ATTACHING AND DISPLAYING DEALER SOLD CARDS ON MOTOR VEHICLES WHICH THEY SELL TO INDICATE THAT THE MOTOR VEHICLE IS BEING OPERATED WITHIN THE GRACE PERIOD ALLOWED FOR REGISTERING A NEWLY ACQUIRED MOTOR VEHICLE.

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

Temporary license plates

SECTION 1. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210. (A) A person who newly acquires a vehicle or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, before operating the vehicle on the state's highways during the forty-five day period contained in this section must:

(1) transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;

(2) purchase a new license plate and registration;

(3) purchase a temporary license plate from the Motor Vehicles Division pursuant to subsection (B) of this section;

(4) purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (B) of this section;

(5) obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section; or

(6) obtain a temporary license plate from the casual seller of the vehicle pursuant to subsection (B) of this section.

(B) The Motor Vehicles Division or the county auditor's office must, upon proper application, issue a temporary license plate designed by the Motor Vehicles Division to a casual seller or buyer of a vehicle pursuant to subsection (A) of this section. The county auditor's office may obtain temporary license plates from the Motor Vehicles Division. If the applicant is a casual buyer of a vehicle, the Motor Vehicles Division or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Motor Vehicles Division may require. If the applicant is the casual seller of a vehicle, at the time of the sale, he must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Motor Vehicles Division may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. Neither the casual seller nor the casual buyer may place the temporary license plate on the vehicle until the sale has been completed. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A casual seller who issues a temporary license plate or allows a temporary license plate to be issued in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence. The Motor Vehicles Division may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the division to defray the expenses of the division associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates.

(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(D) If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and a copy of the registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the vehicle with the Motor Vehicles Division within forty-five days from its purchase date. A person who transfers a license plate or allows a license plate to be transferred in violation of this subsection is subject to the vehicle registration and licensing provisions of law.

(E) A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.

(F) Nothing in this section may be construed to displace or affect the responsibility of a person to obtain insurance before operating a vehicle.

(G) Only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently."

Repeal

SECTION 2. Section 56-3-220 of the 1976 Code is repealed.

Time effective

SECTION 3. The portion of Section 1 of this act which provides that "only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently" takes effect on July 1, 2003. Section 56-3-210(D) as contained in Section 1 takes effect upon approval by the Governor. The remaining portions of Section 1 and the remaining sections of this act take effect on January 1, 2003.

Ratified the 8th day of May, 2002.

Approved the 14th day of May, 2002.