Current Status Introducing Body:Senate Bill Number:192 Primary Sponsor:Rose Committee Number:15 Type of Legislation:GB Subject:Motor vehicle rental agencies Residing Body:Senate Current Committee:Transportation Computer Document Number:192 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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192 Senate Jan 08, 1991 Introduced and read first 15
time, referred to Committee
192 Senate Sep 17, 1990 Prefiled, referred to 15
Committee
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TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, BY ADDING SECTIONS 56-31-50, 56-31-55, 56-31-60, AND 56-31-70, SO AS TO REQUIRE THE LICENSING AND REGULATION OF MOTOR VEHICLE RENTAL AGENCIES; AND TO AMEND SECTION 56-31-20(1) SO AS TO INCLUDE IN THE DEFINITION OF A `RENTAL COMPANY' AN ENTITY IN THE BUSINESS OF PROVIDING PRIVATE PASSENGER AUTOMOBILES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 31, Title 56 of the 1976 Code is amended by adding:
"Section 56-31-50. (A) Before engaging in business, a rental company must obtain a license from the Department of Highways and Public Transportation, by filing an application with the department and furnishing any information the department reasonably may require. Each license issued expires on December thirty-first next following the date of issuance and must be displayed prominently at the established place of business. The fee for the license is twenty-five dollars. The license applies to only one place of business of the applicant and is not transferable to any other person or place of business.
(B) If, during any license year, there is any change in the information that an applicant gave the department to obtain or retain a license under this section, the licensee shall report the change to the department within thirty days after the change occurs. In the event a licensee ceases renting private passenger automobiles, he shall notify the department of this fact within ten days thereafter, and return to the department any license issued pursuant to this chapter.
Section 56-31-55. Every rental company shall keep complete records describing the vehicle identification number, make, model, and type of body of each motor vehicle leased by that company at each location having a license from the department. These records must be open at all reasonable times for inspection and copying by the department or any of its duly authorized agents.
The records kept by the rental company must be maintained for a period of not less than two years from the date of each rental and must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the record keeper or the department's inspector or agent are not in compliance with this section.
Section 56-31-60. Each rental company shall register and license a certain number of these automobiles in this State in the manner required by this section. The rental company shall report to the department each year its total revenues in this State derived from the rental of private passenger automobiles for that year. The rental company during the following year shall register and license in this State a percentage of its automobiles owned or leased for rental purposes equal to the percentage its revenues derived in this State for the previous year from the rental of private passenger automobiles bear to its total revenues derived in all states during the previous year from the rental of these automobiles. The department is authorized to promulgate regulations necessary for the enforcement of the provisions of this chapter.
The Tax Commission shall furnish data to the department relating to taxes pursuant to this section, including, but not limited to, information about gross receipts, net taxable sales, and tax liability by taxpayers.
Section 56-31-70. (A) Any license issued under this chapter may be denied, suspended, or revoked if the applicant or licensee is determined by the department to have:
(a) made a material misstatement in the application for the license;
(b) violated any provision of this chapter; or
(c) been found by a court of competent jurisdiction to have been convicted of any crime which reasonably indicates to the department that licensing of the applicant would be harmful to individuals renting private passenger vehicles.
The department shall notify the licensee or applicant in writing at the mailing address provided in his application of its intention to deny, suspend, or revoke his license at least twenty days in advance and shall provide the licensee an opportunity for a hearing pursuant to the Administrative Procedures Act before any denial, suspension or revocation of a license. A request for a hearing must be made in writing and received by the department within ten days of the date of the notice of the proposed denial, suspension, or revocation of the rental agency license. Upon the denial, suspension, or revocation of a license, the licensee shall immediately return the license to the department.
(B) Any rental company violating the provisions of this chapter may be required to
pay a fine of not more than one thousand dollars for each violation or to have his rental company license revoked, or both."
SECTION 2. Section 56-31-20(1) of the 1976 Code is amended to read:
"(1) 'Rental company' means a person or entity in the business of providing private passenger automobiles to the public under the terms of a rental agreement."
SECTION 3. This act takes effect July 1, 1991.