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982Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000111Primary Sponsor: ReeseAll Sponsors: Reese, Elliott, LeventisDrafted Document Number: l:\council\bills\nbd\11578ac00.docResiding Body: SenateCurrent Committee: Transportation Committee 15 STSubject: Motor vehicle license plates, dealers; application requirement, record inspection notices; Public Safety DepartmentHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000111 Introduced, read first time, 15 ST referred to Committee Senate 19991207 Prefiled, referred to Committee 15 ST Versions of This Bill
TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND USE OF MOTOR VEHICLE DEALERS' LICENSE PLATES, SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM REQUIRING THE NAME OF AN INDIVIDUAL, OTHER THAN A DEALER, ON AN APPLICATION FOR A DEALER'S LICENSE PLATE; AND TO AMEND SECTION 56-15-340, AS AMENDED, RELATING TO MOTOR VEHICLE DEALER TRANSACTION AND TRANSFER RECORDS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO GIVE TEN DAYS NOTICE TO A DEALER BEFORE CONDUCTING A RECORD INSPECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 56-3-2320(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. However, the department may not require the name of an individual, other than the dealer's name, on an application. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer 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 shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited."
SECTION 2. Section 56-15-340 of the 1976 Code, as last amended by Act 459 of 1996, is amended by adding at the end:
"(D) Notwithstanding any other provision of this section or any other provision of law, the department shall notify the dealer or wholesaler ten days in advance of conducting a routine inspection of records."
SECTION 3. This act takes effect upon approval by the Governor.
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