H 4331 Session 110 (1993-1994)
H 4331 General Bill, By I.K. Rudnick and Harrell
Similar(H 4327)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-3-1275 so as to provide that at the option of the person to whom a vehicle
is left by a deceased spouse, the license plate on that vehicle may be
retained on the vehicle by the new owner and to provide for the reregistration
of the vehicle in the new owner's name; and to amend Section 56-3-900,
relating to refunds of registration fees, so as to provide for refunds when a
vehicle is sold during the registration period.
12/01/93 House Prefiled
12/01/93 House Referred to Committee on Education and Public Works
01/11/94 House Introduced and read first time HJ-21
01/11/94 House Referred to Committee on Education and Public
Works HJ-21
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT
THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT
BY A DECEASED SPOUSE, THE LICENSE PLATE ON THAT
VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW
OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE
VEHICLE IN THE NEW OWNER'S NAME; AND TO AMEND
SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION
FEES, SO AS TO PROVIDE FOR REFUNDS WHEN A VEHICLE IS
SOLD DURING THE REGISTRATION PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 3, Title 56 of the 1976 Code is
amended by adding:
"Section 56-3-1275. In lieu of the provisions of Sections
56-3-1260 and 56-3-1270, when the owner of a registered and licensed
vehicle dies and his ownership in the vehicle, by will or operation of
law, is bequeathed to the owner's spouse, the spouse has the option of
retaining the license tag attached to that vehicle. To do so, the spouse
shall notify the department in writing within thirty days of receipt of the
vehicle, giving his name, address, and the date of death of the former
owner. In that case, the license plate issued for the vehicle shall remain
attached to the vehicle, except that the registration card must be returned
concurrently to the department with an application for transfer to and
reregistration in the new owner's name.
The department, upon being furnished with sufficient proof that the
applicant is the spouse of the deceased owner and is the new owner of
the vehicle, shall record the transfer and issue a new registration card to
the new owner. A charge of three dollars may be made by the
department for every such transfer and reregistration.
The property tax year for the vehicle remains the same as it was the
year before the former owner's death in the event of the transfer of the
license plate in the manner authorized by this section."
SECTION 2. Section 56-3-900(B) of the 1976 Code, as last amended
by Section 22T, Part II, Act 164 of 1993, is further amended to read:
"(B) When a vehicle is registered and licensed under this
chapter and the required fee is paid and the vehicle is junked,
or totally destroyed, or sold, during the registration and
license period for which the fee was paid and a claim is filed with the
department for refund within ninety days after the date the vehicle was
junked, or destroyed, or sold and the claim is
supported by evidence satisfactory to the department and is accompanied
by the return of the registration card and license plates or sufficient
proof that the card or plates have been lost, the department may refund
the proportionate part of the license and registration fee paid, based on
one twelfth one-twelfth of the fee paid for every full
calendar month remaining if the vehicle received an annual registration,
one twenty-fourth of the fee paid for every full calendar month
remaining if the vehicle received a biennial registration, and one-sixth
of the fee paid for every full calendar month remaining if the vehicle
received a six-month registration in the registration and license period.
However, no refund of less than ten dollars may be made under this
section."
SECTION 3. This act takes effect on the first day of the second month
following approval by the Governor.
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