Current Status Introducing Body:House Bill Number:4331 Primary Sponsor:Rudnick Committee Number:21 Type of Legislation:GB Subject:License plates, deceased spouse, transfer of Residing Body:House Current Committee:Education and Public Works Computer Document Number:4331 Introduced Date:19940111 Last History Body:House Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rudnick Harrell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4331 House 19940111 Introduced, read first time, 21
referred to Committee
4331 House 19931201 Prefiled, referred to 21
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED SPOUSE, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME; AND TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION FEES, SO AS TO PROVIDE FOR REFUNDS WHEN A VEHICLE IS SOLD DURING THE REGISTRATION PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1275. In lieu of the provisions of Sections 56-3-1260 and 56-3-1270, when the owner of a registered and licensed vehicle dies and his ownership in the vehicle, by will or operation of law, is bequeathed to the owner's spouse, the spouse has the option of retaining the license tag attached to that vehicle. To do so, the spouse shall notify the department in writing within thirty days of receipt of the vehicle, giving his name, address, and the date of death of the former owner. In that case, the license plate issued for the vehicle shall remain attached to the vehicle, except that the registration card must be returned concurrently to the department with an application for transfer to and reregistration in the new owner's name.
The department, upon being furnished with sufficient proof that the applicant is the spouse of the deceased owner and is the new owner of the vehicle, shall record the transfer and issue a new registration card to the new owner. A charge of three dollars may be made by the department for every such transfer and reregistration.
The property tax year for the vehicle remains the same as it was the year before the former owner's death in the event of the transfer of the license plate in the manner authorized by this section."
SECTION 2. Section 56-3-900(B) of the 1976 Code, as last amended by Section 22T, Part II, Act 164 of 1993, is further amended to read:
"(B) When a vehicle is registered and licensed under this chapter and the required fee is paid and the vehicle is junked, or totally destroyed, or sold, during the registration and license period for which the fee was paid and a claim is filed with the department for refund within ninety days after the date the vehicle was junked, or destroyed, or sold and the claim is supported by evidence satisfactory to the department and is accompanied by the return of the registration card and license plates or sufficient proof that the card or plates have been lost, the department may refund the proportionate part of the license and registration fee paid, based on one twelfth one-twelfth of the fee paid for every full calendar month remaining if the vehicle received an annual registration, one twenty-fourth of the fee paid for every full calendar month remaining if the vehicle received a biennial registration, and one-sixth of the fee paid for every full calendar month remaining if the vehicle received a six-month registration in the registration and license period. However, no refund of less than ten dollars may be made under this section."
SECTION 3. This act takes effect on the first day of the second month following approval by the Governor.