Bill Text: SC H4997 | 2013-2014 | 120th General Assembly | Amended
Bill Title: Automobile dealer license
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-06-05 - Roll call Yeas-90 Nays-0 [H4997 Detail]
Download: South_Carolina-2013-H4997-Amended.html
AMENDED
May 28, 2014
H. 4997
Introduced by Reps. Herbkersman, Bowers, Owens, Simrill, Branham, G.M. Smith, Burns, Alexander, Hiott, Whipper, Douglas, Allison, Limehouse, Lowe, George, Bales, R.L. Brown, Gagnon, Hayes, Hodges, Hosey, W.J. McLeod, Murphy, Sabb, Sandifer and Sellers
S. Printed 5/28/14--S. [SEC 5/29/14 12:56 PM]
Read the first time April 15, 2014.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-415 SO AS TO PROVIDE THAT AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE ISSUED AFTER JANUARY 1, 2015, MUST COMPLETE PRELICENSING EDUCATION COURSES BEFORE HE MAY BE ISSUED A LICENSE, TO PROVIDE THAT CERTAIN EDUCATIONAL REQUIREMENTS MUST BE SATISFIED BEFORE A LICENSE MAY BE RENEWED, AND TO PROVIDE THAT A PERSON WHO PROVIDES EDUCATION COURSES MUST BE AFFILIATED WITH A NATIONAL OR STATE INDUSTRY TRADE ASSOCIATION; AND TO AMEND SECTIONS 56-15-430, 56-15-440, AND 56-15-450, RELATING TO THE NONAPPLICABILITY OF THE PROVISIONS THAT REGULATE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING TO FRANCHISED AUTOMOBILE DEALERS, NONFRANCHISED AUTOMOBILE DEALERS OWNED AND OPERATED BY A FRANCHISED AUTOMOBILE DEALER, NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS IS SALVAGE MOTOR VEHICLES, AND NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS OBJECTIVE AND SUBSTANTIAL BUSINESS ACTIVITY IS IN THE RENTAL OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE PROVISIONS THAT REQUIRE AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN EDUCATION REQUIREMENTS ALSO DO NOT APPLY TO THESE AUTOMOBILE DEALERS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 4, Chapter 15, Title 56 of the 1976 Code is amended by adding:
"Section 56-15-415. (A) An initial nonfranchise automobile dealer license issued after January 1, 2015, entitles the licensee to carry on and conduct the business of a nonfranchise automobile dealer. Each license issued after January 1, 2015, to a nonfranchise automobile dealer expires annually on the last day of the month of the year following its issuance.
(B) Renewal of a license must be granted when the licensee submits satisfactory proof of receipt of the Department of Motor Vehicles Dealer and Wholesaler Manual.
(C) The provisions of this section shall apply only to nonfranchise automobile dealers licensed after January 1, 2015, and must not be retroactively applied to nonfranchise automobile dealers licensed before that date."
SECTION 2. Section 56-15-430 of the 1976 Code, as added by Act 9 of 2005, is amended to read:
"Section 56-15-430. The provisions contained in Sections 56-15-410, 56-15-415, 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 3. Section 56-15-440 of the 1976 Code, as added by Act 9 of 2005, is amended to read:
"Section 56-15-440. The provisions contained in Sections 56-15-410, 56-15-415, and 56-15-420 shall not apply to a nonfranchised automobile dealer whose primary business is salvage motor vehicles, regulated by Title 56.
SECTION 4. Section 56-15-450 of the 1976 Code, as added by Act 9 of 2005, is amended to read:
"Section 56-15-450. The provisions contained in Sections 56-15-410, 56-15-415, 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."
SECTION 5. This act takes effect upon approval by the Governor.
