Bill 348

                    Current Status

Bill Number:               348
Ratification Number:       62
Act Number:                40
Introducing Body:          Senate
Subject:                        Licensing of motor vehicles and ad
                           valorem taxes thereon

(A40, R62, S348)

AN ACT TO AMEND ACT 405 OF 1980, AS AMENDED, RELATING TO LICENSING OF MOTOR VEHICLES AND AD VALOREM TAXES THEREON, SO AS TO PROVIDE FOR THE VOLUNTARY CANCELLATION OF A LICENSE PLATE AND REGISTRATION CERTIFICATE WHEN A VEHICLE IS TRANSFERRED AND FOR THE REFUND OF A PROPORTION OF THE PROPERTY TAXES PAID ON THE VEHICLE, AND TO PROVIDE FOR THE ABOVE PROVISIONS TO BE RETROACTIVE BETWEEN CERTAIN DATES; TO AMEND SECTIONS 56-3-210, AS AMENDED, SECTION 56-3-220, 56-3-1260, AS AMENDED, AND SECTION 56-3-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME LIMITATIONS FOR REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO CHANGE FROM FIFTEEN TO THIRTY DAYS THE TIME ALLOWED TO REGISTER AND LICENSE NEWLY ACQUIRED VEHICLES AND OWNERS OF FOREIGN VEHICLES, AND IN WHICH TO APPLY FOR A TRANSFER OF LICENSE PLATES.

Be it enacted by the General Assembly of the State of South Carolina:

Transferrance of title

SECTION 1. Act 405 of 1980, as last amended by Act 265 of 1984, is further amended by adding:

"Section 3A. When the title to a licensed vehicle is transferred, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Highways and Public Transportation. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a refund of property taxes paid by the transferor on the vehicle. The amount of the refund is that proportion of the tax paid that is equal to that proportion of the complete months remaining on the license plate and registration certificate that is being cancelled to its whole license and registration period. The auditor shall, within five days thereafter, deliver the license plate, registration certificate, and the written request for cancellation to the Department of Highways and Public Transportation. Upon receipt thereof, the Department shall cancel the license plate and registration certificate and may not reissue the same."

Applicability of section

SECTION 2. The provisions of Section 3A of Act 405 of 1980 further apply to license plates and registration certificates issued and unassigned by the South Carolina Department of Highways and Public Transportation to a motor vehicle between September 4, 1984, and the effective date of this act. In the event an issued and unassigned license plate or registration certificate was lost, destroyed, or delivered to the South Carolina Department of Highways and Public Transportation, the owner shall present proof thereof to the county auditor along with the request for cancellation. The auditor, upon receipt of the cancellation request and the license plate, registration certificate, or the proof of loss of the same, must order the refund of the tax. The auditor must forward to the South Carolina Department of Highways and Public Transportation the request for cancellation, the license plate and the registration certificate, or the proof of the same being lost, destroyed, or delivered to the Department. The Department upon receipt thereof shall cancel the license plate and registration.

Time period for registering

SECTION 3. Section 56-3-210 of the 1976 Code, as amended by Act 371 of 1984, is further amended to read:

"Section 56-3-210. Persons newly acquiring these vehicles and owners of foreign vehicles being moved into this State and required to be registered under the provisions of this chapter may have a period of not exceeding thirty days in which to register and license them."

Dealers may attach "sold" card

SECTION 4. Section 56-3-220 of the 1976 Code, is amended to read:

"Section 56-3-220. Dealers selling vehicles may attach and display on vehicles which they sell a 'sold' card as evidence of the sale so as to indicate to any law enforcement officer the fact that the vehicle is being operated upon the highway pursuant to Section 56-3-210, which allows persons newly acquiring a vehicle thirty days in which to register and license the vehicle."

Owner must notify

SECTION 5. Section 56-3-1260 of the 1976 Code, as amended by Act 371 of 1984, is further amended to read:

"Section 56-3-1260. Whenever the owner of a registered and licensed vehicle transfers his ownership therein, he shall immediately notify the Department in writing, giving the name and address of the new owner and the date of transfer. The license plate issued for the vehicle shall remain with the prior owner who, within thirty days of the transfer, either shall apply for the transfer of the plate pursuant to Section 56-3-1290 or shall return the plate to the Department; in either event the registration card shall be concurrently returned to the Department. If the vehicle is registered and licensed in the name of the State, any department, agency, or political subdivision of the State, or any department or agency of such a subdivision and a reduced registration and license fee has been paid, the owner shall return the registration card and the plate issued for the vehicle to the Department for cancellation, unless the transfer is made to another like agency qualified to obtain a registration and license of the vehicle at the reduced rate."

Person must make application

SECTION 6. Section 56-3-1270 of the 1976 Code, as last amended by Act 371 of 1984, is further amended to read:

"Section 56-3-1270. Whenever any person other than a duly licensed motor vehicle dealer receives by purchase, gift, trade, or otherwise a vehicle which was registered and licensed in this State for the then current registration and license year, the person so receiving such vehicle shall within thirty days after the transfer of ownership make application to the Department for registration and a license plate for such vehicle. The Department, upon being satisfied as to the genuineness and regularity of the application and with proof of the ad valorem tax being paid as required in Section 2 of Act 405 of 1980, shall issue a new registration card and license plate to the new owner."

Time effective

SECTION 7. This act shall take effect upon approval by the Governor.