S 0379 General Bill, By Knotts, Ford, Thomas, Grooms and Land
 A BILL TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE DEFINITION OF A "DEALER" OR "MOTOR VEHICLE DEALER", SO AS TO
 ADD AN EXEMPTION FROM THE DEFINITION FOR A PERSON WHO SELLS A VEHICLE FOR
 WHICH HE OBTAINED TITLE THROUGH A MAGISTRATE'S PUBLIC SALE PURSUANT TO SECTION
 29-15-10, SUBJECT TO CERTAIN REQUIREMENTS.

   01/31/07  Senate Introduced and read first time SJ-17
   01/31/07  Senate Referred to Committee on Transportation SJ-17

TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "DEALER" OR "MOTOR VEHICLE DEALER", SO AS TO ADD AN EXEMPTION FROM THE DEFINITION FOR A PERSON WHO SELLS A VEHICLE FOR WHICH HE OBTAINED TITLE THROUGH A MAGISTRATE'S PUBLIC SALE PURSUANT TO SECTION 29-15-10, SUBJECT TO CERTAIN REQUIREMENTS.

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

SECTION    1.    Section 56-15-10(h) of the 1976 Code is amended to read:

"(h)    'Dealer' or 'motor vehicle dealer', any person who sells or attempts to effect the sale of any motor vehicle. These terms do not include:

(1)    distributors or wholesalers.;

(2)    receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court.;

(3)    public officers while performing their official duties.;

(4)    persons disposing of motor vehicles acquired for their own use and so used in good faith and not for the purpose of avoiding the provisions of law. Except as otherwise provided in this section, any person who effects or attempts to effect the sale of more than five motor vehicles in any one calendar year is considered a dealer or wholesaler, as appropriate, for purposes of this chapter.;

(5)    finance companies or other financial institutions who sell repossessed motor vehicles and insurance companies who sell motor vehicles they own as an incident to payments made under policies of insurance.; or

(6)    A proprietor, owner, or operator of a towing company, storage facility, garage, repair shop, or a person who repairs or furnishes material for the repair of a motor vehicle, who sells a motor vehicle to which he has obtained title through public sale by a magistrate pursuant to Section 29-15-10(F), provided he:

(a)    remains subject to licensure requirements provided in this chapter for the sale of a vehicle to which he has obtained title through a means other than the provisions of Section 29-15-10(F), except as otherwise provided in this chapter; and

(b)    maintains records as otherwise required by a provision of law for a car he sells."

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