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COMMITTEE REPORT
May 31, 2001
S. 674
Introduced by Senators Wilson, Grooms, Hawkins, Rankin and Passailaigue
S. Printed 5/31/01--S. [SEC 6/4/01 2:52 PM]
Read the first time May 9, 2001.
To whom was referred a Bill (S. 674) to amend Chapter 15, Title 56, Code of Laws of South Carolina, 1976, relating to the regulation of motor vehicle manufacturers, distributors, and dealers, by adding Article 4, 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 56-15-410, SECTION 1, page 2, by inserting after line 11:
/ (E) A non-franchise automobile dealer whose primary business objective is the rebuilding of salvage motor vehicles, as regulated by Title 56, is exempt from the requirements of this article. /
Renumber sections to conform.
Amend title to conform.
ADDISON G. WILSON for Committee.
TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NON-FRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NON-FRANCHISE AUTOMOBILE DEALERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15, Title 56 of the 1976 Code is amended by adding:
Section 56-15-410. (A) An applicant for an initial non-franchise automobile dealer license must successfully complete at least eight hours of continuing education courses before he may be issued a license.
(B) a non-franchise automobile dealer with less than ten years of continuous licensure must complete at least six hours of continuing education courses a year before his license may be renewed.
(C) A non-franchise automobile dealer with at least ten years of continuous licensure must complete at least three hours of continuing education courses a year before his license may be renewed.
(D) A non-franchise automobile dealer must be assessed one hundred dollars by the Department of Public Safety at the time he is licensed or renews his license which shall offset the costs for the administration of the non-franchise automobile dealer continuing education program.
Section 56-15-420. (A) There is created the South Carolina Independent Education Advisory Board which consists of seven members. All members must be residents of this State. One member must be from the general public. One member must be engaged in consumer lending for automobile purchases. One member must represent an entity that provides continuing education for independent automobile dealers. Four members must be licensed non-franchise automobile dealers with at least three years of business experience.
(B) The members of the board may be nominated by an individual, group, or association and must be appointed by the Governor.
(C) The term of each member of the board is three years and until his successor is appointed and qualified. In the event of a vacancy, the Governor shall appoint a person to fill the vacancy, and the person appointed shall serve for the remainder of the unexpired term.
(D) Upon expiration of their terms, members of the board shall continue to hold office until appointment and qualification of their successors. A person shall not serve as a member of the board for more than two consecutive terms. The Governor, after giving notice and opportunity for a hearing, may remove from office a member of the board for:
(1) inability to perform or neglecting to perform the duties required of members;
(2) incompetence; or
(3) dishonest conduct.
(E) The members of the board shall annually elect a chairman, vice-chairman, and other officers the board determines necessary from among the members to preside at board meetings.
(F) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairman considers it necessary to give full consideration to the business before the board. A quorum of the board is four members.
(G) Members to the board are entitled to per diem, subsistence, and mileage as provided by law for state boards, committees, and commissions.
(H) The board shall approve continuing education curriculum, courses, and instructors, and ensure that non-franchise automobile dealers comply with the continuing education requirements contained in this article."
SECTION 2. This act takes effect upon approval by the Governor.
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