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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Harrison, Simrill, Vaughn, Hinson, W.D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson
Document Path: l:\council\bills\ggs\22651cm03.doc
Introduced in the House on January 14, 2003
Introduced in the Senate on April 24, 2003
Last Amended on June 5, 2003
Passed by the General Assembly on June 5, 2003
Governor's Action: August 20, 2003, Vetoed
Legislative veto action(s): Veto sustained
Summary: Litter gathering labor as sentence for littering mandatory, cannot be suspended, exceptions, monetary penalty
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-28 1/14/2003 House Referred to Committee on Judiciary HJ-28 1/21/2003 House Member(s) request name added as sponsor: Ceips, Richardson 4/10/2003 House Committee report: Favorable with amendment Judiciary HJ-6 4/23/2003 House Amended HJ-48 4/23/2003 House Read second time HJ-49 4/24/2003 House Read third time and sent to Senate HJ-25 4/24/2003 Senate Introduced and read first time SJ-32 4/24/2003 Senate Referred to Committee on Judiciary SJ-32 5/28/2003 Senate Committee report: Favorable with amendment Judiciary SJ-19 5/29/2003 Scrivener's error corrected 5/29/2003 Senate Amended SJ-69 5/29/2003 Senate Read second time SJ-69 5/29/2003 Senate Ordered to third reading with notice of amendments SJ-69 6/2/2003 Scrivener's error corrected 6/5/2003 Senate Amended SJ-311 6/5/2003 Senate Read third time and returned to House with amendments SJ-311 6/5/2003 House Concurred in Senate amendment and enrolled HJ-274 6/5/2003 Ratified R 154 8/20/2003 Vetoed by Governor 1/14/2004 House Veto sustained Yeas-80 Nays-0 HJ-74
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VERSIONS OF THIS BILL
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
AN ACT TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY, HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-25-20, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS; BY ADDING SECTION 56-5-5635 SO AS TO PROVIDE THE PROCEDURE THAT A VEHICLE WHICH HAS BEEN TOWED UNDER THE DIRECTION OF A LAW ENFORCEMENT OFFICER MUST BE STORED AND DISPOSED OF; TO AMEND SECTION 16-11-760, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT PERMISSION, THE REMOVAL OF CERTAIN VEHICLES, LIENS PLACED ON CERTAIN VEHICLES, AND THE SALE OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT A COMMERCIAL PROPERTY OWNER MUST POST A NOTICE ON THE BORDERS OF HIS PROPERTY THAT PROHIBITS PARKING IF HE WANTS PARKING OF A VEHICLE TO BE ILLEGAL ON HIS PROPERTY, TO PROVIDE THAT CERTAIN COSTS ASSOCIATED WITH THE TOWING OF A VEHICLE ARE THE RESPONSIBILITY OF ITS REGISTER OWNER OR LIENHOLDER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE SALE OF CERTAIN VEHICLES THAT ARE NOT CLAIMED BY THEIR OWNERS, LIENHOLDERS, OR THEIR AGENTS; TO AMEND SECTION 29-15-10, RELATING TO REPAIR AND STORAGE LIENS, SO AS TO PROVIDE WHEN CERTAIN STORAGE COSTS MAY BE CHARGED AND RECOVERED; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, AND TO PROVIDE THAT CERTAIN PENALTIES CONTAINED IN THIS SECTION DO NOT APPLY TO CERTAIN LIENHOLDERS, OR OWNERS, TO PROVIDE A DEFINITION FOR THE TERM "VEHICLE", TO PROVIDE THAT STORAGE COSTS FOR CERTAIN VEHICLES MUST NOT EXCEED SIXTY DAYS, TO DEFINE THE TERM "NOTIFICATION", TO REVISE THE CONTENT OF A NOTICE CONTAINED IN THIS SECTION, TO PROVIDE WHEN STORAGE COSTS ACCRUE AND MAY BE RECOVERED, TO REVISE THE CIRCUMSTANCES WHEN A LIENHOLDER OR OWNER OF A VEHICLE IS NOT SUBJECT TO A PENALTY UNDER THIS SECTION, AND TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT REQUESTED THAT A VEHICLE BE TOWED MUST PROVIDE THE TOWING COMPANY CERTAIN INFORMATION; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN UNCLAIMED VEHICLES, SO AS TO REVISE THE PROCEDURE FOR SELLING ABANDONED VEHICLES; TO REPEAL SECTION 56-5-2522 RELATING TO THE TOWING, STORAGE, AND DISPOSAL OF CERTAIN VEHICLES; AND BY ADDING ARTICLE 4, CHAPTER 15, TITLE 56 SO AS TO PROVIDE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING PROCEDURES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-700 of the 1976 Code is amended to read:
"Section 16-11-700. (A) No person may dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste, as defined by Section 44-96-40(46), upon any public or private property or waters in the State whether from a vehicle or otherwise including, but not limited to, a public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:
(1) when the property is designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose;
(2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.
(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted under this section of littering the property or receptacles. However, if there is no conviction, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located.
(C)(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days for a first or second conviction, or fined five hundred dollars or imprisoned for not more than thirty days for a third or subsequent conviction. In addition to the fine or term of imprisonment, the court also must impose fifteen hours of litter-gathering labor for a first conviction, thirty hours of litter-gathering labor for a second conviction, and one hundred hours of litter-gathering labor for a third or subsequent conviction, or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.
(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item, the court also must impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.
(3) The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.
(4) In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.
(5) Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.
(D) A person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.
(E)(1) A person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:
(a) remove or render harmless the litter that he dumped in violation of this subsection;
(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or
(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.
(2) A court may enjoin a violation of this subsection.
(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.
(4) If a person sustains damages arising out of a violation of this subsection that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.
(5) No part of a fine imposed pursuant to this subsection may be suspended.
(F) When the sentence for a violation of this section includes litter-gathering labor in addition to a fine or imprisonment, the litter-gathering portion of the sentence is mandatory and must not be suspended; however, the court, upon the request of a person convicted of violating this section, may direct that the person pay an additional monetary penalty in lieu of the litter-gathering portion of the sentence that must be equal to the amount of five dollars an hour of litter-gathering labor. Probation shall not be granted in lieu of the litter-gathering requirement except for a person's physical or other incapacities.
All funds collected pursuant to this subsection in lieu of the mandatory litter-gathering labor must be remitted to the State Treasurer as provided by Section 14-1-208 and deposited to the account of the Governor's Task Force on Litter for use in connection with the task force's litter-reduction efforts.
(G) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.
(H) Only those violations of this section which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section."
Traffic citation for littering
SECTION 2. Section 56-25-20 of the 1976 Code is amended to read:
"Section 56-25-20. When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation issued in this or any compact jurisdiction, the department may suspend or refuse to renew the person's driver's license if the notice from a South Carolina court or the driver licensing authority of a compact jurisdiction is received no more than twelve months from the date on which the traffic citation or an official Department of Natural Resources summons for a littering violation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the citation or an official Department of Natural Resources summons for a littering violation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.
Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation, the department must notify the licensing authority in the compact jurisdiction for such action as appropriate under the terms of the compacts."
Towing of vehicles
SECTION 3. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-5635. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.
(B) Within ten days following a law enforcement's towing request, the towing or storage operator or owner shall provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their possession. Failure to provide the law enforcement agency this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property. Upon receipt of this list, the sheriff or chief of police shall provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms within ten days and must be at no cost to the storage operator. The storage place having towed or received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.
(C) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the towing or storage owner or operator shall provide notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.
(D) The proprietor, owner, or operator of a storage place, garage, or towing service, who has towed and stored a vehicle or object has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Fifteen days after the notice is mailed, return receipt requested, and the vehicle or object and its contents are not reclaimed, the vehicle or object and its contents are considered abandoned and may be sold by the magistrate pursuant to the procedures in Section 29-15-10."
Towing of vehicles
SECTION 4. Section 16-11-760 of the 1976 Code is amended to read:
"Section 16-11-760. (A) It is unlawful for a person to park a motor-driven or other vehicle on the private property of another without the owner's consent, if the property is for commercial use, the owner shall post a notice in a conspicuous place on the borders of the property near each entrance prohibiting this parking. Proof of the posting is deemed and taken as notice conclusive against the person making entry.
(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.
(C) If the vehicle is not claimed by the owner, lienholder, or their agent, as provided by Section 56-5-5635(D), the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.
(D) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not exceeding one hundred dollars or imprisoned not exceeding thirty days. This punishment is in addition to the other remedies which are authorized in this section."
SECTION 5. Section 29-15-10 of the 1976 Code is amended to read:
"Section 29-15-10. It is lawful for any proprietor, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or furnishes any material for the repairs to sell the property as provided in this section. When property has been left at his shop for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due. The property must be sold by a magistrate of the county in which the work was done or the vehicle or thing was stored. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale. The magistrate, before selling the property, shall ensure that any lienholder of record has been notified of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables. When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last known address of the owner."
SECTION 6. Section 56-5-5630 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:
"Section 56-5-5630. (a)(1) For purposes of this section, 'vehicle' means any motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the direction of a law enforcement officer, and applies to any vehicle in custody at the time of the enactment of this section. Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.
(2) When an abandoned vehicle has been taken into custody, the storage place having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the vehicle is being held, inform the owner and all lienholders of the right to reclaim the vehicle within fifteen days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle or other property in custody, and state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed a waiver by the owner and lienholders of all right, title, and interest in the vehicle or other property and consent to the sale of the vehicle or other property at a public auction.
(b) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.
(c) A lienholder is not subject to a penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder, his agent, or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. An owner of a vehicle which has been stolen and after that abandoned, as defined by this article, is not liable for any charges or penalties imposed in this section, otherwise all charges or penalties are the responsibility of the last registered owner. A vehicle is deemed to be stolen when the registered owner notifies a police officer and the report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the law enforcement agency that requested the tow shall provide the towing company, at no cost to the storage operator, the current owner's name, address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the costs or fee associated with the towing and storage of a vehicle or other property as provided by this section."
SECTION 7. Section 56-5-5640 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:
"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the proprietor, owner, or operator of the storage place, or his designee, may have the abandoned vehicle sold at a public auction pursuant to the provisions of Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a magistrate's bill of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The bill of sale at the sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-5630 must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days. The proprietor, owner, or operator of the storage place, or his designee, shall notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after ninety days from the date the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
SECTION 8. Section 56-5-2522 of the 1976 Code is repealed.
Nonfranchise automobile dealer prelicensing
SECTION 9. A. Chapter 15, Title 56 of the 1976 Code is amended by adding:
Section 56-15-410. An applicant for an initial nonfranchise automobile dealer license must complete successfully at least eight hours of prelicensing education courses before he may be issued a license. At least one shareholder listed on the application for an initial nonfranchise automobile dealer license must comply with the education requirement contained in this section.
Section 56-15-420. The Department of Public Safety shall promulgate regulations to implement the provisions contained in this article.
Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned and operated by a franchised automobile dealer.
Section 56-15-440. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a nonfranchised automobile dealer whose primary business objective and substantial business activity is the rental of motor vehicles, regulated by Title 56."
B. Notwithstanding the general effective date of this act, Sections 56-15-410, 56-15-430, and 56-15-440, added by this section take effect on January 1, 2004. Section 56-15-420 added by this section takes effect upon approval by the Governor.
SECTION 10. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2003.
President of the Senate
Speaker of the House of Representatives
Approved the ____________ day of _____________________2003.
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