South Carolina General Assembly
115th Session, 2003-2004

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A9 of 2005, R410, H3831

STATUS INFORMATION

General Bill
Sponsors: Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper
Document Path: l:\council\bills\swb\5126cm03.doc
Companion/Similar bill(s): 414

Introduced in the House on March 20, 2003
Introduced in the Senate on May 8, 2003
Last Amended on May 6, 2003
Passed by the General Assembly on June 3, 2004
Governor's Action: July 16, 2004, Vetoed
Legislative veto action(s): Veto overridden

Summary: Nonfranchise automobile dealer license

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/20/2003  House   Introduced and read first time HJ-7
   3/20/2003  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-7
   4/30/2003  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry HJ-3
    5/1/2003          Scrivener's error corrected
    5/6/2003  House   Amended HJ-22
    5/6/2003  House   Read second time HJ-23
    5/7/2003  House   Read third time and sent to Senate HJ-14
    5/8/2003  Senate  Introduced and read first time SJ-5
    5/8/2003  Senate  Referred to Committee on Transportation SJ-5
    6/3/2003  Senate  Recalled from Committee on Transportation SJ-28
    6/2/2004  Senate  Read second time SJ-130
    6/2/2004  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-130
    6/3/2004  Senate  Read third time and enrolled SJ-18
    6/3/2004          Ratified R 410
   7/16/2004          Vetoed by Governor
   1/12/2005  House   Veto overridden by originating body Yeas-102  Nays-15 
                        HJ-35
   1/13/2005  Senate  Veto overridden Yeas-35  Nays-0 SJ-18
   1/19/2005          Copies available
   1/19/2005          Effective date See Act for Effective Date
   2/16/2005          Act No. 9

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/20/2003
4/30/2003
5/1/2003
5/6/2003
6/3/2003

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

(A9, R410, H3831 of 2004)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

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

Nonfranchise automobile dealer pre-licensing

SECTION    1.    Chapter 15, Title 56 of the 1976 Code is amended by adding:

"Article 4

Nonfranchise Automobile

Dealer Pre-licensing

Section 56-15-410.    An applicant for an initial nonfranchise automobile dealer license must complete successfully at least eight hours of pre-licensing 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 shall 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 shall not apply to a nonfranchised automobile dealer whose primary business is salvage motor vehicles, regulated by Title 56.

Section 56-15-450.    The provisions contained in Sections 56-15-410 and 56-15-420 shall 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."

Time effective

SECTION    2.    The provisions contained in Sections 56-15-410, 56-15-430, 56-15-440, and 56-15-450 of this act take effect on January 1, 2004. The provisions contained in Section 56-15-420 of this act take effect upon approval by the Governor.

Ratified the 3rd day of June, 2004.

Vetoed by the Governor -- 7/16/04.

Veto overridden by House -- 1/12/05.

Veto overridden by Senate -- 1/13/05.

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