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3014Ratification Number: 350Act Number: 275Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010109Primary Sponsor: KirshAll Sponsors: Kirsh, Witherspoon, Walker, Meacham-Richardson, StilleDrafted Document Number: l:\council\bills\dka\3996mm01.docDate Bill Passed both Bodies: 20020516Date of Last Amendment: 20020508Governor's Action: U Became law without signature of GovernorDate of Governor's Action: 20020529Subject: Motor vehicle registration, provisions when nonresident fails to register vehicle in timely mannerHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020613 Act No. A275 ------ 20020529 Unsigned, became law without signature of Governor ------ 20020522 Ratified R350 House 20020516 Concurred in Senate amendment, enrolled for ratification Senate 20020509 Amendment reconsidered and withdrawn, read third time, returned to House with amendment Senate 20020508 Amended, read second time, notice of general amendments Senate 20020501 Committee report: Favorable 11 SJ Senate 20010322 Introduced, read first time, 11 SJ referred to Committee House 20010322 Read third time, sent to Senate House 20010321 Amended, read second time House 20010320 Debate interrupted House 20010314 Committee report: Favorable 21 HEPW House 20010109 Introduced, read first time, 21 HEPW referred to Committee House 20001206 Prefiled, referred to Committee 21 HEPW Versions of This Bill Revised on March 14, 2001 - Word format Revised on March 21, 2001 - Word format Revised on May 1, 2002 - Word format Revised on May 8, 2002 - Word format Revised on May 9, 2002 - Word format
(A275, R350, H3014)
AN ACT TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO REQUIRE THAT THE INQUIRY BE DELIVERED BY HAND OR CERTIFIED MAIL AND BASED ON A CREDIBLE REPORT THAT THE NONRESIDENT OWNS OR OPERATES A NONREGISTERED VEHICLE AND OWNS OR LEASES PROPERTY IN THE COUNTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER, FILING A FALSE RESPONSE, OR OTHER WILFUL VIOLATION OF THE PROVISIONS A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
Be it enacted by the General Assembly of the State of South Carolina:
Registration of vehicles of nonresident owners
SECTION 1. Section 56-3-150 of the 1976 Code, as last amended by Act 5 of 1995, is further amended to read:
"Section 56-3-150. (A) A foreign privately owned and operated passenger vehicle of a nonresident, otherwise subject to registration and license as provided by this chapter, may be operated within this State without being registered and licensed pursuant to this chapter, subject to the conditions that at all times when operated in this State the vehicle:
(1) is duly registered or licensed in the state, territory, district, or country of residence of the owner; and
(2) has displayed on it a valid registration card and registration or license plate or plates.
(B) The vehicle of a nonresident must be registered and licensed pursuant to this chapter upon the earlier of a nonresident's:
(1) subsequent establishment of domicile in this State; or
(2) operation of the vehicle in this State for an accumulated period exceeding one hundred fifty days.
(C) After receipt of a written inquiry from the auditor of any county in which public records show that a person owns or leases real or personal property in that county, the person who is the owner or operator of a nonregistered vehicle must respond within thirty days with a sworn written statement that:
(1) describes each vehicle owned or operated by him;
(2) details the registration location for each vehicle owned or operated by him;
(3) gives the date each vehicle was first owned or operated by him; and
(4) affirms that he has not established domicile in the county.
(D) The written inquiry by the auditor must be delivered in person or sent by certified letter, return receipt requested, to the nonresident's last known address. Before the auditor may send the written inquiry, the auditor must have received a credible report that a person may own or operate a nonregistered vehicle and that the person also may own or lease real or personal property in the county. The determination regarding whether the report is credible is within the discretion of the auditor.
(E)(1) The penalty for violation of this section is as provided for in Section 12-37-2615, in addition to any other penalties prescribed by law for failure timely to register a vehicle pursuant to this section.
(2) A person who wilfully fails to respond to an inquiry from the county auditor and is subsequently shown to have a nonregistered vehicle, who files a false sworn statement, or who otherwise wilfully violates this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, and must pay twice the amount all personal property taxes properly due and payable on the vehicle, and other vehicles owned now or earlier, if the vehicle had been registered lawfully pursuant to this section, plus penalties and interest.
(F) For purposes of this section, 'nonregistered vehicle' means a vehicle that is not registered in South Carolina."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 22nd day of May, 2002.
Became law without the signature of the Governor -- 5/29/02.
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