Current Status Introducing Body:Senate Bill Number:562 Primary Sponsor:Land Committee Number:15 Type of Legislation:GB Subject:Motor vehicle dealer license plates Residing Body:Senate Current Committee:Transportation Computer Document Number:DKA/4298AL.93 Introduced Date:19930317 Last History Body:Senate Last History Date:19930317 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Land Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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562 Senate 19930317 Introduced, read first time, 15
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2325 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF DEALER PLATES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER PLATES, SO AS TO PROVIDE ADDITIONAL RESTRICTIONS ON THE ISSUANCE OF DEALER LICENSE PLATES AND PROHIBIT THE ISSUANCE OF WHOLESALER LICENSE PLATES; TO AMEND SECTION 56-3-2350, RELATING TO SPECIAL REGISTRATION, SO AS TO PROVIDE FOR USE OF TRANSPORTER LICENSE PLATES FOR DEALERS; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALE AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A DEALER LICENSE PLATE FROM IMPOSITION OF TAX.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-2325. A person who misuses a dealer license plate issued pursuant to this article must be fined three hundred dollars or forfeit the dealer license plate, or both."
SECTION 2. Section 56-3-2320 of the 1976 Code, as last amended by Act 498 of 1992, is further amended to read:
"Section 56-3-2320. (A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a duly licensed motor vehicle dealer or wholesaler, upon application being made and the required fee being paid to the department, dealer or wholesaler license plates. The license plates, notwithstanding any provision of this chapter to the contrary, may be used exclusively on motor vehicles owned by, or assigned to the dealer or wholesaler when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days and the dealer must provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer or wholesaler plates may not be used to operate wreckers or service vehicles in use by the dealer or wholesaler, nor to operate vehicles owned by the dealer and wholesaler that are leased or rented by the public. No dealer or wholesaler plates may be issued by the department unless the dealer or wholesaler furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission and has made at least ten fifty sales of motor vehicles at retail in the twelve months preceding his application for a dealer or wholesaler plate. The sales requirement may be waived by the department if the dealer or wholesaler has been licensed for less than one year.
The Department shall make a distinction between dealer tags and wholesaler tags. No A dealer or wholesaler may be issued more than six plates or the number equal to the average number of employees of the dealership at a rate of one for every twenty vehicles sold at retail during the preceding year, which ever is greater. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of retail sales for the coming year. The department may increase or decrease the number of plates issued based on actual retail sales made.
The cost of each dealer or wholesaler plate issued is twenty dollars.
Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of heavy duty trucks is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks.
(B) For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall also provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and also shall also mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer.
Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of heavy duty trucks is eligible to obtain dealer tags for exclusive use on such heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer tags for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks."
SECTION 3. Section 56-3-2350 of the 1976 Code is amended to read:
"Section 56-3-2350. (A) A person engaged in a business of limited operation of motor vehicles to facilitate the manufacture or construction of cabs or bodies or the foreclosure or repossession of such these motor vehicles may apply to the department for special registration to be issued to and used by such the person subject to upon the following conditions:
(1) Application shall must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and shall be filed with the department each year. Such The application shall must include the name and residence address of applicant, (a) if an individual, the name under which he intends to conduct business, (b) if a partnership, the name and residence address of each member thereof of the partnership, and the name under which the business is to be conducted, (c) if a corporation, the name and company addresses of the corporation, and the name and residence address of each of its officers.
(2) The application shall must be certified by the applicant and by an agent of the department to verify the facts as set forth in the application.
(3) The annual fee for registration shall be is fifty dollars, plus an annual fee of ten dollars for each license plate.
(B) A motor vehicle dealer or wholesaler duly licensed under Section 56-15-310 may purchase transporter license plates and use them solely for transporting motor vehicles and heavy duty trucks from one place of sale to another place of sale. Any other use of a transporter license plate by a duly licensed dealer or wholesaler is subject to a three hundred fine and loss of the license plate."
SECTION 4. Section 12-36-90(2) of the 1976 Code, as last amended by Section 74A, Part II, Act 612 of 1990, is further amended by adding:
"(e) a motor vehicle operated with a dealer or transporter license plate;"
SECTION 5. Section 12-36-110(1)(c) of the 1976 Code, as last amended by Section 74A, Part II, Act 612 of 1990, is further amended by adding:
"(v) a motor vehicle operated with a dealer or transporter license plate;"
SECTION 6. This act takes effect upon approval by the Governor.