Bill 3904

                    Current Status

Bill Number:               3904
Ratification Number:       710
Act Number                 577
Introducing Body:          House
Subject:                   Application for certificate of
                           title

(A577, R710, H3904)

AN ACT TO AMEND SECTIONS 56-19-240, 56-19-290, AND 56-19-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES, AND TO PROVIDE THAT THE DELIVERY OF AN ASSIGNMENT BY A LIENHOLDER IS DISCRETIONARY.

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

Application for certificate of title

SECTION 1. Section 56-19-240(1) of the 1976 Code is amended to read:

"(1) An application for a certificate of title for a vehicle in this State must be made by the owner to the department on the form it prescribes and must contain or be accompanied by:

(a) the name and residence and mailing address of the owner;

(b) a description of the vehicle, including, so far as the following data exists, its make, model, year, vehicle identification number, type of body, odometer reading at the time of application, and whether new or used;

(c) the date of acquisition by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements;

(d) an odometer disclosure statement made by the transferor of the vehicle and acknowledged by the transferee. The statement must be in compliance with federal guidelines and as prescribed by the department.

The transferor may complete the odometer disclosure statement on either a notarized bill of sale in a form approved by the department or on the previous certificate of title. Where more than one transfer has intervened between the previous certificate of title and the application for a new certificate of title, there must be, for each intervening transfer, a notarized bill of sale in a form approved by the department, including a completed odometer disclosure statement. Additionally, the odometer disclosure statement on the application form must be completed by the applicant;

(e) any further information or documentation the department reasonably requires to enable it to determine: the identity of the vehicle, whether the owner is entitled to a certificate of title, the existence or nonexistence of security interests in the vehicle, and the accuracy of the odometer disclosure statement;".

Contents of certificate

SECTION 2. Section 56-19-290(3) of the 1976 Code is amended to read:

"(3) The names and addresses of any lienholders, in the order of priority as shown on the application, and dates of the liens, or if the application is based on a certificate of title, as shown on the certificate;".

Security interest assignment

SECTION 3. (A) The second paragraph of Section 56-19-670 of the 1976 Code is amended to read:

"The assignee may, but need not, to perfect the assignment, deliver to the department an assignment by the lienholder in the form the department prescribes with the required fee."

(B) Notwithstanding any other provision of this act, this section takes effect upon approval by the Governor.

Time effective

SECTION 4. This act takes effect and must be implemented upon the expiration of a requested extension from the National Highway Traffic Safety Administration.

Approved the 12th day of June, 1990.