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COMMITTEE REPORT
April 9, 2002
H. 3678
S. Printed 4/9/02--S.
Read the first time February 26, 2002.
To whom was referred a Bill (H. 3678) to amend Section 56-3-210, as amended, Code of Laws of South Carolina, 1976, relating to the grace period for registering a motor vehicle, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 56-3-210(D), as contained in SECTION 1, by inserting / a copy of the / after / and / on page 3, line 31.
Amend the bill further SECTION 3, by striking / upon approval by the Governor / and inserting / on January 1, 2003 / on page 4, line 17.
Amend title to conform.
GREG RYBERG for Committee.
TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-3-210. (A) Persons A person who newly acquiring vehicles acquires a vehicle and owners of foreign vehicles or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, may have not more than forty-five days in which to register and license them. before operating the vehicle on the state's highways during the forty-five day period contained in this section must:
(1) transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;
(2) purchase a new license plate and registration;
(3) purchase a temporary license plate from the Division of Motor Vehicles pursuant to subsection (B) of this section;
(4) purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (B)_of this section;
(5) obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section; or
(6) obtain a temporary license plate from the casual seller of the vehicle pursuant to subsection (B) of this Section.
(B) The Division of Motor Vehicles, or the county auditor's office must, upon proper application, issue a temporary license plate designed by the Division of Motor Vehicles to a casual seller or buyer of a vehicle pursuant to subsection (A) of this section. The county auditor's office may obtain temporary license plates from the Division of Motor Vehicles. If the applicant is a casual buyer of a vehicle, the Division of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. If the applicant is the casual seller of a vehicle, at the time of the sale, he must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. Neither the casual seller nor the casual buyer may place the temporary license plate on the vehicle until the sale has been completed. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A casual seller who issues a temporary license plate or allows a temporary license plate to be issued in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence. The Division of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the division to defray the expenses of the division associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates.
(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.
(D) If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the vehicle with the Division of Motor Vehicles within forty-five days from its purchase date. A person who transfers a license plate or allows a license plate to be transferred in violation of this subsection is subject to the vehicle registration and licensing provisions of law.
(E) A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.
(F) Nothing in this section may be construed to displace or effect the responsibility of a person to obtain insurance before operating a vehicle.
(G) Only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently."
SECTION 2. Section 56-3-220 of the 1976 Code is repealed.
SECTION 3. The portion of SECTION 1 of this act which provides that "only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently" takes effect on July 1, 2003. The remaining portions of SECTION 1 and the remaining SECTIONS of this act take effect upon approval by the Governor.
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