H 3637 General Bill, By Kirsh and Simrill
 A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO
 AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY
 THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR
 PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A
 MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL
 PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND
 INTEREST.

   03/02/99  House  Introduced and read first time HJ-15
   03/02/99  House  Referred to Committee on Ways and Means HJ-15

TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.

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

SECTION 1. Section 56-3-150 of the 1976 Code, as last amended by Act 5 of 1995, is further amended to read:

"Section 56-3-150. (A) A foreign privately owned and operated passenger vehicle of a nonresident, otherwise subject to registration and license under the provisions of as provided by this chapter, may be operated within this State without being registered and licensed under the provisions of pursuant to this chapter, subject to the conditions that the vehicle is at all times, when operated in this State,

(1) the vehicle is duly registered or licensed in the state, territory, district, or country of residence of the owner;

(2) and that there is the vehicle has displayed thereon on it a valid registration card and registration or license plate or plates.

(B) The vehicle of a nonresident must be registered and licensed pursuant to this chapter upon the earlier of a nonresident's:

(1) subsequent establishment of domicile in this State, or

(2) operation of the vehicle in this State for an accumulated period exceeding one hundred fifty days.

(C) The nonresident owner or operator of a nonregistered vehicle must respond to inquiry by the auditor of any county in which public records show the nonresident owns or leases real or personal property with a sworn written statement which:

(1) describes each vehicle owned or operated by him;

(2) details the registration location for each vehicle owned or operated by him;

(3) gives the date each vehicle was first owned or operated by him; and

(4) affirms that he has not established domicile in the county.

(D)(1) The penalty for violation of this section is as provided for in Section 12-37-2615, in addition to any other penalties prescribed by law for failure timely to register a vehicle pursuant to this section.

(2) A person who files a false sworn statement or wilfully fails to respond to inquiry from the county auditor, or otherwise wilfully violates this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, and must pay twice the amount all personal property taxes properly due and payable on the vehicle, and other vehicles owned now or earlier, if the vehicle had been registered lawfully pursuant to this section, plus penalties and interest."

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