Bill Text: SC H4795 | 2017-2018 | 122nd General Assembly | Comm Sub

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Bill Title: Dealer and motor vehicle dealer, definitions revised

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2018-05-31 - Act No. 225 [H4795 Detail]

Download: South_Carolina-2017-H4795-Comm_Sub.html

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COMMITTEE AMENDMENT ADOPTED

May 9, 2018

H. 4795

Introduced by Reps. Herbkersman, Simrill, W. Newton and Bradley

S. Printed 5/9/18--S.

Read the first time March 28, 2018.

            

A BILL

TO AMEND SECTION 56-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERMS "DEALER" OR "MOTOR VEHICLE DEALER" TO EXCLUDE CERTAIN PERSONS CONDUCTING AUCTIONS IN CONJUNCTION WITH THE ANNUAL HILTON HEAD ISLAND CONCOURS D'ELEGANCE.

Amend Title To Conform

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

SECTION    1.    Section 56-15-10(h) of the 1976 Code is amended to read:

"(h)    'Dealer' or 'motor vehicle dealer', any person who sells or attempts to effect the sale of any motor vehicle. These terms do not include:

(1)    distributors or wholesalers.;

(2)    receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court.;

(3)    public officers while performing their official duties.;

(4)    persons disposing of motor vehicles acquired for their own use and so used in good faith and not for the purpose of avoiding the provisions of law. Any person who effects or attempts to effect the sale of more than five motor vehicles in any one calendar year is considered a dealer or wholesaler, as appropriate, for purposes of this chapter.;

(5)    finance companies or other financial institutions who sell repossessed motor vehicles and insurance companies who sell motor vehicles they own as an incident to payments made under policies of insurance; or

(6)    a South Carolina dealer that conducts the auction of investment grade or collector motor vehicles not more than three days per year and that:

(a)    has obtained a surety bond in the amount of one million dollars;

(b)    provides this service for an entity organized under Section 501(c)(3) of the Internal Revenue Code;

(c)    possesses during the event all vehicle titles unencumbered by liens; and

(d)    is responsible for ensuring all taxes are paid and all vehicles have been registered and titled property.

This subitem shall not permit any other temporary retail auctions or any other retail auctions of consignment vehicles."

SECTION    2.    Section 56-15-10 of the 1976 Code is amended by adding appropriately lettered subitems at the end to read:

"(    )    'Investment grade vehicle', a motor vehicle not currently sold by a franchised motor vehicle dealer and not in current production with a value that exceeds two hundred fifty thousand dollars.

(    )    'Collector motor vehicle', a motor vehicle that is at least twenty years old.

(    )    'Charity vehicle', a donated vehicle for which the net proceeds go to charity.

(    )    'Special interest vehicle', a unique vehicle of rarity, originality, unique or special coachwork, or previous ownership of significance that is not or has not been mass produced."

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