South Carolina General Assembly
109th Session, 1991-1992

Bill 4610


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4610
Primary Sponsor:                Stoddard
Committee Number:               15
Type of Legislation:            GB
Subject:                        Motor vehicle dealer license
                                plates
Residing Body:                  Senate
Current Committee:              Transportation
Computer Document Number:       CYY/18985.SD
Introduced Date:                Mar 25, 1992
Date of Last Amendment:         May 13, 1992
Last History Body:              Senate
Last History Date:              May 19, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Stoddard
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4610  Senate  May 19, 1992  Introduced, read first time,    15
                             referred to Committee
 4610  House   May 14, 1992  Read third time, sent to
                             Senate
 4610  House   May 13, 1992  Amended, read second time
 4610  House   May 12, 1992  Debate adjourned until
                             Wednesday, May 13, 1992
 4610  House   Apr 28, 1992  Recalled from Committee         21
 4610  House   Mar 25, 1992  Introduced, read first time,    21
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AMENDED

May 13, 1992

H. 4610

Introduced by REP. Stoddard

S. Printed 5/13/92--H.

Read the first time March 25, 1992.

A BILL

TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT ONE PLATE MAY BE ISSUED TO A DEALER OR WHOLESALER REGARDLESS OF WHETHER OR NOT HE HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN SALES OF MOTOR VEHICLES WITHIN THE TWELVE-MONTH PERIOD PRECEDING HIS APPLICATION.

Amend Title To Conform

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

SECTION 1. Section 56-3-2320 of the 1976 Code, as last amended by Act 91 of 1991, is further amended to read:

"Section 56-3-2320. The department may issue to a duly licensed motor vehicle dealer or wholesaler, upon application being made and the required fee being paid to the department, dealer or wholesaler license plates. The license plates, notwithstanding any provision of this chapter to the contrary, may be used exclusively on motor vehicles owned by the dealer or wholesaler. Dealer or wholesaler plates may not be used to operate wreckers in use by the dealer or wholesaler, nor to operate vehicles owned by the dealer and wholesaler that are leased or rented by the public. No One dealer or wholesaler plates plate may be issued by the department to a dealer or wholesaler unless the dealer or wholesaler who furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission. A dealer or wholesaler may qualify for more than one dealer or wholesaler license plate if he furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission and has made at least ten sales of motor vehicles in the twelve months preceding his application for a dealer or wholesaler plate. The sales requirement may be waived by the department if the dealer or wholesaler has been licensed for less than one year.

The department shall make a distinction between dealer tags and wholesaler tags. No dealer or wholesaler who qualifies for more than one plate as provided in this section may be issued more than six plates or the number equal to the average number of employees of the dealership during the preceding year, whichever is greater. For good cause shown, the department in its discretion may issue extra plates.

The cost of each dealer or wholesaler plate issued is twenty dollars.

For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which shall also provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and shall also mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."

SECTION 2. Section 56-3-2320 of the 1976 Code, as last amended by Act 91 of 1991, is further amended to read:

"Section 56-3-2320. The department may issue to a duly licensed motor vehicle dealer or wholesaler, upon application being made and the required fee being paid to the department, dealer or wholesaler license plates. The license plates, notwithstanding any provision of this chapter to the contrary, may be used exclusively on motor vehicles owned by the dealer or wholesaler. Dealer or wholesaler plates may not be used to operate wreckers in use by the dealer or wholesaler, nor to operate vehicles owned by the dealer and wholesaler that are leased or rented by the public. A vehicle to which a dealer or wholesaler license plate is attached may be used only for legitimate business purposes. No dealer or wholesaler plates may be issued by the department unless the dealer or wholesaler furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission and has made at least ten sales of motor vehicles in the twelve eighteen months preceding his application for a dealer or wholesaler plate. The sales requirement may be waived by the department if the dealer or wholesaler has been licensed for less than one year.

The department shall make a distinction between dealer tags and wholesaler tags. No dealer or wholesaler may be issued more than six plates or the number equal to the average number of employees of the dealership during the preceding year, which ever is greater. For good cause shown, the Department in its discretion may issue extra plates.

The cost of each dealer or wholesaler plate issued is twenty dollars.

For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which shall also provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and shall also mail a copy of the certificate to the Department within twenty-four hours after it is issued to the buyer."

SECTION 3. This act takes effect upon approval by the Governor.

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