Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
\ SECTION 1. Section 56-15-10 of the 1976 Code is amended to read:
"Section 56-15-10.
As used in this chapter the following words shall, unless
the text otherwise requires, have the following meanings:
Text of (a) effective until November 19, 2017.
(a) 'Motor vehicle',
any motor driven vehicle required to be registered under Section
56-3-110. This definition does not include motorcycles.
Text of (a) effective November 19, 2017.
(a) 'Motor vehicle'
means any motor driven vehicle required to be registered
pursuant to Section 56-3-110. This definition does not include
motorcycles, or new recreational vehicles as defined in Section
56-14-10.
Text of (a) effective November 19, 2018.
(a) 'Motor vehicle',
means any motor driven vehicle required to be registered
pursuant to Section 56-3-110. This definition does not include
motorcycles, new recreational vehicles as defined in Section
56-14-10, or mopeds.
(b)
'Manufacturer,', any person
engaged in the business of manufacturing or assembling new and
unused motor vehicles.
(c) 'Factory
branch,', a branch office maintained by
a manufacturer which manufactures or assembles motor vehicles
for sale to distributors or motor vehicle dealers or which is
maintained for directing and supervising the representatives of
the manufacturer.
(d) 'Distributor
branch', a branch office maintained by a distributor who or
which sells or distributes new motor vehicles to motor vehicle
dealers.
(e) 'Factory
representative,', a representative
employed by a manufacturer or employed by a factory branch for
the purpose of making or promoting the sale or motor vehicles or
for supervising, servicing, instructing or contracting with
motor vehicle dealers or prospective motor vehicle dealers.
(f) 'Distributor
representative', a representative employed by a distributor
branch or distributor.
(g) 'Distributor', any
person who sells or distributes new motor vehicles to motor
vehicle dealers or who maintains distributor representatives
within the State.
(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 who conducts the auction
of investment grade or collector motor vehicles not more than
three days per year who:
(a)
has obtained a surety bond in the amount of one
million dollars;
(b)
provides this service for an entity organized
under 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.
(i)
'Franchise,', an oral or written
arrangement for a definite or indefinite period in which a
manufacturer, distributor or wholesaler grants to a motor
vehicle dealer a license to use a trade name, service mark, or
related characteristic, and in which there is a community of
interest in the marketing of motor vehicles or services related
thereto at wholesale, retail, leasing or otherwise.
(j)
'Franchiser,', a manufacturer,
distributor or wholesaler who grants a franchise to a motor
vehicle dealer.
(k)
'Franchisee,', a motor vehicle
dealer to whom a franchise is offered or granted.
(l)
'Sale,', shall include the
issuance, transfer, agreement for transfer, exchange, pledge,
hypothecation, mortgage in any form, whether by transfer in
trust or otherwise, of any motor vehicle or interest therein or
of any franchise related thereto; and any option, subscription
or other contract, or solicitation, looking to a sale, or offer
or attempt to sell in any form, whether spoken or written. A
gift or delivery of any motor vehicle or franchise with respect
thereto with, or as, a bonus on account of the sale of anything
shall be deemed a sale of such motor vehicle or franchise.
(m)
'Fraud,', shall include, in
addition to its normal legal connotation, the following: a
misrepresentation in any manner, whether intentionally false or
due to gross negligence, of a material fact; a promise or
representation not made honestly and in good faith; and an
intentional failure to disclose a material fact.
(n)
'Person,', a natural person,
corporation, partnership, trust or other entity, and, in case of
an entity, it shall include any other entity in which it has a
majority interest or effectively controls as well as the
individual officers, directors and other persons in active
control of the activities of each such entity.
(o) 'New motor
vehicle,', a motor vehicle which has not
been previously sold to any person except a distributor or
wholesaler or motor vehicle dealer for resale.
(p) 'Wholesaler' or
'motor vehicle wholesaler', any person who sells or attempts to
effect the sale of any used motor vehicle exclusively to motor
vehicle dealers or to other wholesalers.
Text of (q) effective until November 19, 2017.
(q) 'Motor
home', means a vehicular unit designed
to provide temporary living quarters built into an integral part
of or permanently attached to a self-propelled motor vehicle
chassis or van which unit contains permanently installed
independent life support systems other than low voltage meeting
the American National Standards Institute (ANSI) A119.2 Standard
for Recreational Vehicles and provides at least four of the
following facilities: cooking with onboard power source; gas or
electric refrigerator; toilet with exterior evacuation; heating
or air conditioning with onboard power source separate from the
vehicle engine; a potable water supply system including a
faucet, sink, and water tank with an exterior service
connection; separate 110-125 volt electric power supply. For
purposes of this definition:
(1)
a passenger-carrying automobile, truck, or van without
permanently installed independent life support systems,
including at least four of the indicated facilities, does not
constitute a motor home;
(2)
'permanently installed', means
built into or attached as an integral part of a chassis or van
and designed not to be removed except for repair or replacement.
A system which is readily removable or held in place by clamps
or tie downs is not permanently installed;
(3)
'low voltage', means twenty-four
volts or less.
Text of (q) effective November 19, 2017.
(q) Reserved.
(r) 'Due cause',
means a material breach by a dealer of a lawful
provision of a franchise or selling agreement that is not cured
within a reasonable period of time after being given prior
written notice of the specific material breach.
(s) 'Material
breach', means a contract violation that
is substantial and significant.
(t)
'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.
(u)
'Collector motor vehicle', a motor vehicle that is at
least twenty years old.
(v)
'Charity vehicle', a donated vehicle of which the net
proceeds go to charity.
(w) 'Special
interest vehicle', a unique vehicle of rarity, originality,
unique or special coachwork, or previous ownership of
significance vehicle that is not and or has not been mass
produced. /
Renumber sections to conform.
Amend title to conform.