S*0478(Rat #0117, Act #0052 of 2003)  General Bill, By Ryberg

Similar(H 3686)
 AN ACT TO AMEND SECTION 56-19-480 AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE
 OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE
 UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY
 OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE
 COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE" AND MUST PAY
 THE FEE ASSOCIATED WITH OBTAINING A CERTIFICATE OF TITLE, AND TO PROVIDE THAT
 THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE
 OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; TO AMEND
 SECTION 56-19-485, RELATING TO THE TRANSFER OF WRECKED OR SALVAGED MOTOR
 VEHICLES, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR
 VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN
 ANTIQUE MOTOR VEHICLE; AND TO AMEND SECTION 56-3-2210, AS AMENDED, RELATING TO
 DESIGNATING CERTAIN MOTOR VEHICLES AS ANTIQUE MOTOR VEHICLES, SO AS TO REVISE
 THE AGE OF A MOTOR VEHICLE THAT MAY BE DESIGNATED AS AN ANTIQUE MOTOR VEHICLE.
 - ratified title

   03/12/03  Senate Introduced and read first time SJ-4
   03/12/03  Senate Referred to Committee on Transportation SJ-4
   03/25/03  Senate Committee report: Favorable Transportation SJ-4
   03/26/03         Scrivener's error corrected
   03/27/03  Senate Amended SJ-80
   03/27/03  Senate Read second time SJ-80
   04/01/03  Senate Read third time and sent to House SJ-9
   04/02/03  House  Introduced and read first time HJ-15
   04/02/03  House  Referred to Committee on Education and Public
                     Works HJ-15
   05/27/03  House  Recalled from Committee on Education and Public
                     Works HJ-331
   05/28/03  House  Amended HJ-39
   05/28/03  House  Read second time HJ-41
   05/29/03  House  Read third time and returned to Senate with
                     amendments HJ-16
   05/29/03  Senate Concurred in House amendment and enrolled SJ-56
   06/03/03         Ratified R 117
   06/06/03         Signed By Governor
   06/19/03         Copies available
   06/19/03         Effective date 06/06/03
   06/26/03         Act No. 52

(A52, R117, S478)

AN ACT TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE" AND MUST PAY THE FEE ASSOCIATED WITH OBTAINING A CERTIFICATE OF TITLE, AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; TO AMEND SECTION 56-19-485, RELATING TO THE TRANSFER OF WRECKED OR SALVAGED MOTOR VEHICLES, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; AND TO AMEND SECTION 56-3-2210, AS AMENDED, RELATING TO DESIGNATING CERTAIN MOTOR VEHICLES AS ANTIQUE MOTOR VEHICLES, SO AS TO REVISE THE AGE OF A MOTOR VEHICLE THAT MAY BE DESIGNATED AS AN ANTIQUE MOTOR VEHICLE.

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

Salvaged vehicles

SECTION    1.    Section 56-19-480(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(B)    If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss claim, the insurance company may obtain a title to the vehicle designated as 'salvage'. The insurance company must pay the title fee contained in Section 56-19-420."

Salvaged vehicles

SECTION    2.    Section 56-19-480(G) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(G)    For purposes of this section, a 'wrecked vehicle', a 'salvage vehicle', and a 'vehicle declared to be a total loss' are all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later."

Wrecked and salvaged vehicles

SECTION    3.    Section 56-19-485 of the 1976 Code, as added by Act 101 of 1995, is amended to read:

"Section 56-19-485.    Notwithstanding any other provision of law, whenever any motor vehicle which qualifies as 'wreckage' or 'salvage' is transferred in this State pursuant to Section 56-19-480, whether the vehicle was, immediately before such transfer, titled in this State or in another state, the vehicle shall be designated as 'wreckage' or 'salvage', as may be applicable, to the extent necessary to inform the transferee of the exact condition of the vehicle. No wrecked or salvaged out-of-state vehicle or South Carolina registered vehicle shall be registered under the laws of this State without such designation, and this designation must be applied to all subsequent transfers of the vehicle.

The provisions of this section apply to transfers of vehicles in all of the circumstances described in Section 56-19-480, whether the vehicle is 'totaled', declared a total loss, 'junked', or 'salvaged'.

Notwithstanding the provisions of this section, the owner of a vehicle whose total cost of repair, including all labor and parts, is estimated to be seventy-five percent or more of the fair market value of the vehicle must provide the department an affidavit from a person who reconstructs or rebuilds a vehicle indicating the cost of repair along with other data the department may prescribe to obtain a certificate of title. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. A certificate of title issued for a vehicle described in this paragraph must be annotated to indicate the motor vehicle is designated 'wreckage' or 'salvage' as applicable to the extent necessary to inform the transferee of the exact condition of the vehicle. A wrecked or salvaged out-of-state vehicle or South Carolina registered vehicle may not be registered in this State without this designation, and this designation must be applied to subsequent transfer of the vehicle."

Antique motor vehicles

SECTION    4.    Section 56-3-2210 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2210.    Every motor vehicle as herein defined which is over twenty-five years old, is owned solely as a collector's item and is used for participation in club activities, exhibits, tours, parades, and similar uses, but in no event used for general transportation, may be classified by the department as an antique motor vehicle."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 3rd day of June, 2003.

Approved the 6th day of June, 2003.