Bill 3552

                    Current Status

Bill Number:                    3552
Ratification Number:            83
Act Number:                     51
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950208
Primary Sponsor:                Jennings
All Sponsors:                   Jennings, Tucker, Baxley, Chamblee,
                                Stuart, Canty, Richardson, Askins,
                                Inabinett, Littlejohn, Meacham,
                                Sandifer, Lanford, Wofford,
                                Herdklotz, Moody-Lawrence, Quinn, Law,
                                Sheheen, McCraw, Whatley, Shissias,
                                Kirsh, Fleming, Stille, Limbaugh, Lloyd,
                                Huff, Cain, Seithel, Hines, Wells,
                                Allison, Vaughn, Davenport, Tripp,
                                Easterday, D. Smith, Dantzler,
                                J. Harris, Klauber and Cooper 
Drafted Document Number:        dka\3672cm.95
Date Bill Passed both Bodies:   19950510
Governor's Action:              S
Date of Governor's Action:      19950517
Subject:                        Motor Vehicle Damage Disclosure
                                Act

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950517  Act No. A51
------  19950517  Signed by Governor
------  19950511  Ratified R83
Senate  19950510  Read third time, enrolled for
                  ratification
Senate  19950509  Read second time
Senate  19950427  Polled out of Committee:                 15 ST
                  Without report
Senate  19950328  Introduced, read first time,             15 ST
                  referred to Committee
House   19950324  Read third time, sent to Senate
House   19950323  Unanimous consent for third
                  reading on the next Legislative day
House   19950323  Read second time
House   19950322  Committee report: Favorable              26 HLCI
House   19950208  Introduced, read first time,             26 HLCI
                  referred to Committee

(A51, R83, H3552)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

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

Motor vehicle damage disclosure

SECTION 1. Title 56 of the 1976 Code is amended by adding:

Section 56-32-10. This chapter applies to new motor vehicles as defined in Section 56-28-10(5).

Section 56-32-20. (A) A motor vehicle manufacturer shall disclose, in writing to a motor vehicle dealer at the time of delivery of a new motor vehicle, damage and repair to the new motor vehicle that occurred while the vehicle was in the possession or under the control of the manufacturer if the damage exceeds three percent of the manufacturer's suggested retail price as calculated at the rate of the dealer's authorized warranty rate for labor and parts. A manufacturer is not required to disclose to a dealer that the glass, tires, bumper, or in-dash equipment of or in a motor vehicle was damaged if the damaged item has been replaced with original or comparable new equipment.

(B) A motor vehicle dealer shall disclose, in writing to a purchaser of a new motor vehicle before entering into a sales contract, any damage and repair to the new motor vehicle if the cost of the damage exceeds three percent of the manufacturer's suggested retail price calculated at the rate of the dealer's authorized warranty rate for labor and parts. A dealer is not required to disclose to a purchaser that the glass, tires, bumper, or in-dash equipment of or in a new motor vehicle was damaged if the equipment or item has been replaced with original or comparable new equipment.

(C) If disclosure is not required under this section, a purchaser may not revoke or rescind a sales contract nor bring a civil action based solely upon the fact that the new motor vehicle was damaged and repaired before completion of the sale.

(D) For purposes of this section, `manufacturer's suggested retail price' means the retail price of the new motor vehicle suggested by the manufacturer including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the motor vehicle dealer."

Time effective

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

Approved the 17th day of May, 1995.