S*348 Session 106 (1985-1986)
S*0348(Rat #0062, Act #0040 of 1985) General Bill, By Senate Finance
A Bill to amend Act 405 of 1980, as amended, relating to licensing of motor
vehicles and ad valorem taxes thereon, so as to provide for the voluntary
cancellation of a license plate and registration certificate when a vehicle is
transferred and for the refund of a proportion of the property taxes paid on
the vehicle, and to provide for the above provisions to be retroactive between
certain dates; to amend Sections 56-3-210, as amended, Section 56-3-220,
56-3-1260, as amended, and Section 56-3-1270, as amended, Code of Laws of
South Carolina, 1976, relating to the time limitations for registration and
licensing of motor vehicles, so as to change from fifteen to thirty days the
time allowed to register and license newly acquired vehicles and owners of
foreign vehicles, and in which to apply for a transfer of license plates.
03/13/85 Senate Introduced, read first time, placed on calendar
without reference SJ-824
03/14/85 Senate Read second time SJ-881
03/15/85 Senate Read third time and sent to House SJ-889
03/19/85 House Introduced and read first time HJ-1397
03/19/85 House Referred to Committee on Education and Public
Works HJ-1397
03/27/85 House Recalled from Committee on Education and Public
Works HJ-1851
03/28/85 House Read second time HJ-1931
03/29/85 House Read third time and enrolled HJ-1942
04/24/85 Ratified R 62
04/29/85 Signed By Governor
04/29/85 Effective date 04/29/85
04/29/85 Act No. 40
05/14/85 Copies available
(A40, R62, S348)
AN ACT TO AMEND ACT 405 OF 1980, AS AMENDED, RELATING TO LICENSING OF MOTOR
VEHICLES AND AD VALOREM TAXES THEREON, SO AS TO PROVIDE FOR THE VOLUNTARY
CANCELLATION OF A LICENSE PLATE AND REGISTRATION CERTIFICATE WHEN A VEHICLE IS
TRANSFERRED AND FOR THE REFUND OF A PROPORTION OF THE PROPERTY TAXES PAID ON THE
VEHICLE, AND TO PROVIDE FOR THE ABOVE PROVISIONS TO BE RETROACTIVE BETWEEN
CERTAIN DATES; TO AMEND SECTIONS 56-3-210, AS AMENDED, SECTION 56-3-220,
56-3-1260, AS AMENDED, AND SECTION 56-3-1270, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE TIME LIMITATIONS FOR REGISTRATION AND LICENSING
OF MOTOR VEHICLES, SO AS TO CHANGE FROM FIFTEEN TO THIRTY DAYS THE TIME ALLOWED
TO REGISTER AND LICENSE NEWLY ACQUIRED VEHICLES AND OWNERS OF FOREIGN VEHICLES,
AND IN WHICH TO APPLY FOR A TRANSFER OF LICENSE PLATES.
Be it enacted by the General Assembly of the State of South Carolina:
Transferrance of title
SECTION 1. Act 405 of 1980, as last amended by Act 265 of 1984, is further
amended by adding:
"Section 3A. When the title to a licensed vehicle is transferred, the
license plate and registration certificate issued the transferor may be returned
for cancellation. The license plate and registration certificate must be
delivered to the auditor of the county of the vehicle's registration and tax
payment. A request for cancellation must be made in writing to the auditor upon
forms approved by the Department of Highways and Public Transportation. The
auditor, upon receipt of the license plate, registration certificate, and the
request for cancellation, shall order and the treasurer shall issue a refund of
property taxes paid by the transferor on the vehicle. The amount of the refund
is that proportion of the tax paid that is equal to that proportion of the
complete months remaining on the license plate and registration certificate that
is being cancelled to its whole license and registration period. The auditor
shall, within five days thereafter, deliver the license plate, registration
certificate, and the written request for cancellation to the Department of
Highways and Public Transportation. Upon receipt thereof, the Department shall
cancel the license plate and registration certificate and may not reissue the
same."
Applicability of section
SECTION 2. The provisions of Section 3A of Act 405 of 1980 further apply to
license plates and registration certificates issued and unassigned by the South
Carolina Department of Highways and Public Transportation to a motor vehicle
between September 4, 1984, and the effective date of this act. In the event an
issued and unassigned license plate or registration certificate was lost,
destroyed, or delivered to the South Carolina Department of Highways and Public
Transportation, the owner shall present proof thereof to the county auditor along
with the request for cancellation. The auditor, upon receipt of the cancellation
request and the license plate, registration certificate, or the proof of loss of
the same, must order the refund of the tax. The auditor must forward to the
South Carolina Department of Highways and Public Transportation the request for
cancellation, the license plate and the registration certificate, or the proof
of the same being lost, destroyed, or delivered to the Department. The
Department upon receipt thereof shall cancel the license plate and registration.
Time period for registering
SECTION 3. Section 56-3-210 of the 1976 Code, as amended by Act 371 of 1984, is
further amended to read:
"Section 56-3-210. Persons newly acquiring these vehicles and owners of
foreign vehicles being moved into this State and required to be registered under
the provisions of this chapter may have a period of not exceeding thirty days in
which to register and license them."
Dealers may attach "sold" card
SECTION 4. Section 56-3-220 of the 1976 Code, is amended to read:
"Section 56-3-220. Dealers selling vehicles may attach and display on
vehicles which they sell a 'sold' card as evidence of the sale so as to indicate
to any law enforcement officer the fact that the vehicle is being operated upon
the highway pursuant to Section 56-3-210, which allows persons newly acquiring
a vehicle thirty days in which to register and license the vehicle."
Owner must notify
SECTION 5. Section 56-3-1260 of the 1976 Code, as amended by Act 371 of 1984,
is further amended to read:
"Section 56-3-1260. Whenever the owner of a registered and licensed vehicle
transfers his ownership therein, he shall immediately notify the Department in
writing, giving the name and address of the new owner and the date of transfer.
The license plate issued for the vehicle shall remain with the prior owner who,
within thirty days of the transfer, either shall apply for the transfer of the
plate pursuant to Section 56-3-1290 or shall return the plate to the Department;
in either event the registration card shall be concurrently returned to the
Department. If the vehicle is registered and licensed in the name of the State,
any department, agency, or political subdivision of the State, or any department
or agency of such a subdivision and a reduced registration and license fee has
been paid, the owner shall return the registration card and the plate issued for
the vehicle to the Department for cancellation, unless the transfer is made to
another like agency qualified to obtain a registration and license of the vehicle
at the reduced rate."
Person must make application
SECTION 6. Section 56-3-1270 of the 1976 Code, as last amended by Act 371 of
1984, is further amended to read:
"Section 56-3-1270. Whenever any person other than a duly licensed motor
vehicle dealer receives by purchase, gift, trade, or otherwise a vehicle which
was registered and licensed in this State for the then current registration and
license year, the person so receiving such vehicle shall within thirty days after
the transfer of ownership make application to the Department for registration and
a license plate for such vehicle. The Department, upon being satisfied as to the
genuineness and regularity of the application and with proof of the ad valorem
tax being paid as required in Section 2 of Act 405 of 1980, shall issue a new
registration card and license plate to the new owner."
Time effective
SECTION 7. This act shall take effect upon approval by the Governor. |