South Carolina Legislature MobileReference is to Printer's Date 4/18/12-S.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-10810. (A)
The Department of Motor Vehicles may issue
'Distinguished Service Medal' special license plates to owners
of private passenger carrying motor vehicles, as defined in
Section 56-3-630, or motorcycles as defined in Section 56-3-20,
registered in their names who have been awarded the
Distinguished Service Medal. The fee for this special license
plate is the regular motor vehicle license fee contained in
Article 5, Chapter 3 of this title. The license plates issued
pursuant to this section must contain an illustration of the
Distinguished Service Medal. The application for this special
license plate must include proof that the applicant is a
recipient of the Distinguished Service Medal. Not more than two
license plates may be issued to a person.
(B) This special
license plate is exempt from the provisions contained in Section
56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-10910. (A)
The Department of Motor Vehicles may issue
'Second Amendment' special motor vehicle license plates to
owners of private passenger carrying motor vehicles, as defined
in Section 56-3-630, or motorcycles as defined in Section
56-3-20, registered in their names. This special license plate
must be of the same size and general design of regular motor
vehicle license plates. This special license plate must be
issued or revalidated for a biennial period which expires
twenty-four months from the month it is issued.
(B) The fees collected
pursuant to this section above the cost of production must be
distributed to the Criminal Justice Academy.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Article 124, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12410. The Department of Motor Vehicles may issue a 'Historic' special motor vehicle license plate for use on a private passenger carrying motor vehicle, as defined in Section 56-3-630, or a motorcycle as defined in Section 56-3-20, that is twenty-five years of age or older at the time of applying for the special plate. The applicant for a 'Historic' license plate must be the owner of the motor vehicle or motorcycle and must be a resident of this State.
Section 56-3-12420. The special license plate must be of the same size and general design as a regular motor vehicle or motorcycle license plate. The Department of Motor Vehicles shall imprint the special license plates with the word 'Historic', with numbers the department may determine. The license plate must be for a biennial period that expires twenty-four months from the month it is issued.
Section 56-3-12430. A license plate issued pursuant to this article may be transferred to another vehicle or motorcycle that meets the requirements of Section 56-3-12240, and is owned by the same person upon application being made and being approved by the Department of Motor Vehicles. It is unlawful for any person to whom the plate has been issued to knowingly permit it to be displayed on any vehicle or motorcycle except the one authorized by the department.
Section 56-3-12440. The provisions of this article do not affect the registration and licensing of motor vehicles or motorcycles as required by other provisions of this chapter, but are cumulative to those other provisions. Any person violating the provisions of this article or any person who (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact, or (c) otherwise commits fraud in the application or in the use of any special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both.
Section 56-3-12450. The fee for the plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty-five dollars. Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.
Section 56-3-12460. The guidelines for the production, collection and distribution of fees for a 'Historic' special license plate must meet the requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11010. (A)
The Department of Motor Vehicles may issue
'Distinguished Service Cross' special license plates to owners
of private passenger carrying motor vehicles, as defined in
Section 56-3-630, or motorcycles as defined in Section 56-3-20,
registered in their names who have been awarded the
Distinguished Service Cross. The fee for this special license
plate is the regular motor vehicle license fee contained in
Article 5, Chapter 3 of this title. The license plates issued
pursuant to this section must contain an illustration of the
Distinguished Service Cross. The application for this special
license plate must include proof that the applicant is a
recipient of the Distinguished Service Cross. Not more than two
license plates may be issued to a person.
(B) This special
license plate is exempt from the provisions contained in Section
56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11110. (A)
The Department of Motor Vehicles may issue
'Department of the Navy' special motor vehicle license plates to
owners of private passenger carrying motor vehicles, as defined
in Section 56-3-630, or motorcycles as defined in Section
56-3-20, registered in their names. This special license plate
must be of the same size and general design of regular motor
vehicle license plates. This special license plate must be
issued or revalidated for a biennial period which expires
twenty-four months from the month it is issued.
(B) The fees collected
pursuant to this section above the cost of production must be
distributed to the general fund.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11210. (A)
The Department of Motor Vehicles may issue
'Parents and Spouses of Active Duty Overseas Veterans' special
motor vehicle license plates to owners of private passenger
carrying motor vehicles, as defined in Section 56-3-630, or
motorcycles as defined in Section 56-3-20, registered in their
names. This special license plate must be of the same size and
general design of regular motor vehicle license plates. This
special license plate must be issued or revalidated for a
biennial period which expires twenty-four months from the month
it is issued.
(B) The fees collected
pursuant to this section above the cost of production must be
distributed to the general fund.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11310. (A)
The Department of Motor Vehicles may issue
special 'State Flag' motor vehicle license plates to owners of
private passenger carrying motor vehicles, as defined in Section
56-3-630, or motorcycles as defined in Section 56-3-20,
registered in their names. The fee for this special license
plate is twenty dollars every two years in addition to the
regular motor vehicle registration fee set forth in Article 5,
Chapter 3, Title 56. This special license plate must be of the
same size and general design of regular motor vehicle license
plates. This special license plate must be issued or revalidated
for a biennial period which expires twenty-four months from the
month it is issued.
(B) The design of the
license plate must replicate the color, layout, and design of
the state flag. The blue used for the license plate must be the
official state color as established in Section 1-1-710.
(C) The fees collected
pursuant to this section above the cost of production must be
distributed to the general fund.
(D) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11410. (A)
The Department of Motor Vehicles may issue
'South Carolina Highway Patrol-Retired' license plates for use
on private passenger motor vehicles, as defined in Section
56-3-630, or motorcycles as defined in Section 56-3-20,
registered in a person's name in this State who served as a
South Carolina Highway Patrolman or State Trooper and who
honorably retired. An application for this special motor vehicle
license plate must include certification from the South Carolina
Highway Patrol that the applicant honorably retired.
(B) The requirements
for production, collection and distribution of fees for a
license plate are those set forth in Section 56-3-8100. The
Department of Motor Vehicles shall imprint the special license
plates with the insignia of the South Carolina Highway Patrol
and the words 'South Carolina Highway Patrol-Retired' with
numbers the department may determine.
(C) Only one special
license plate authorized by this section may be issued to a
person. A license plate issued pursuant to this section may be
transferred to another vehicle of the same weight class owned by
the same person upon application being made and being approved
by the Department of Motor Vehicles.
(D) Any person issued a
special license plate pursuant to this section who is convicted
of any felony, classified misdemeanor, traffic violation
requiring a suspension of driving privileges, crime involving
dishonesty or moral turpitude, or other crime punishable by
imprisonment for one year or more, shall surrender the special
license plate to the Department of Motor Vehicles within three
days of the date of the conviction.
(E) The provisions of
this section do not affect the registration and licensing of
motor vehicles required by other provisions of this chapter, but
are cumulative to those other provisions.
(F) A person violating
the provisions of this section or a person who:
(1)
fraudulently gives false or fictitious information in any
application for a special license plate authorized by this
section;
(2)
conceals a material fact or otherwise commits fraud in the
application for a special license plate issued pursuant to this
section;
(3)
permits the special license plate to be displayed on any
vehicle except the one authorized by the Department of Motor
Vehicles; or
(4)
who fails to surrender the special license plate as
required by this section, is guilty of a misdemeanor and, upon
conviction, must be punished by a fine of not more than two
hundred dollars or by imprisonment for not more than thirty
days, or both."
SECTION __. Article 65, Chapter 3 of Title 56 is amended to read:
Section 56-3-7330.
(A) The
Department of Motor Vehicles may issue 'Boy Scouts of America'
special license plates to owners of private passenger motor
vehicles, as defined in Section 56-3-630, or motorcycles as
defined in Section 56-3-20, registered in their names. The
requirements for production, collection, and distribution
of fees for the plate are those set forth in Section
56-3-8100. The biennial fee for this plate is the regular
registration fee set forth in Article 5, Chapter 3 of this title
plus an additional fee of thirty dollars. Any portion of the
additional thirty-dollar fee not set aside by the Comptroller
General to defray costs of production and distribution must be
distributed to the South Carolina Indian Waters Council, Boy
Scouts of America, to then be distributed to the other five Boy
Scout councils serving counties in South Carolina.
(B)(1) The
Department of Motor Vehicles may issue 'Eagle Scouts of America'
special license plates to owners of private passenger motor
vehicles, as defined in Section 56-3-630, or motorcycles as
defined in Section 56-3-20, registered in their names who have
been awarded the Eagle Scout Award from the Boy Scouts of
America. The motor vehicle owner must present the department
with official documentation that states that he was awarded the
Eagle Scout Award, along with his application for this special
license plate. The fee for this special license plate is thirty
dollars every two years in addition to the regular motor vehicle
registration fee set forth in Article 5, Chapter 3, Title 56.
This special license plate must be of the same size and general
design of regular motor vehicle license plates. This special
license plate must be issued or revalidated for a biennial
period which expires twenty-four months from the month it is
issued. The special license plate must be imprinted with an
emblem, seal, symbol, or design agreed to by all of the Boy
Scout councils serving counties in South Carolina.
(2)
The fees collected pursuant to this section
above the cost of production must be distributed to the South
Carolina Indian Waters Council, Boy Scouts of America, to then
be distributed to the other five Boy Scout councils serving
counties in South Carolina.
(3)
Section 56-3-8100 requirements met for the
production, collection, and distribution of fees for the 'Boy
Scouts of America' special plate are deemed to have been met for
the 'Eagle Scouts of America' special license plate."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11610. (A)
The Department of Motor Vehicles may issue
special motor vehicle license plates to owners of private
passenger carrying motor vehicles, as defined in Section
56-3-630, or motorcycles as defined in Section 56-3-20,
registered in their names which must have imprinted on the plate
'I Support Libraries'. This special license plate must be of
the same size and general design of regular motor vehicle
license plates. This special license plate must be issued or
revalidated for a biennial period which expires twenty-four
months from the month it is issued.
(B) The fees collected
pursuant to this section above the cost of producing the license
plates must be equally distributed between the South Carolina
Association of School Librarians and the South Carolina Library
Association.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11710. (A)
The Department of Motor Vehicles may issue
special motor vehicle license plates to owners of private
passenger carrying motor vehicles, as defined in Section
56-3-630, or motorcycles as defined in Section 56-3-20,
registered in their names which must have imprinted on the plate
'South Carolina Educator'. The application for this special
license plate must include proof that the applicant is a public
or private kindergarten through twelfth grade school teacher.
This special license plate must be of the same size and general
design of regular motor vehicle license plates. This special
license plate must be issued or revalidated for a biennial
period which expires twenty-four months from the month it is
issued.
(B) The fees collected
pursuant to this section above the cost of the production must
be distributed to the general fund.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11910. (A)
The Department of Motor Vehicles may issue
'Beach Music' special motor vehicle license plates to owners of
private passenger motor vehicles, as defined in Section
56-3-630, and motorcycles as defined in Section 56-3-20,
registered in their names which may have imprinted on the plate
an emblem, a seal, or other symbol chosen by the department in
consultation with the South Carolina Arts Commission reflecting
the status of beach music as the official state popular music
pursuant to Section 1-1-689. License plate number 'one' for the
beach music license plate is reserved for the president of the
Beach Music Association International or its successor
organization if that individual is otherwise eligible to
register a qualifying motor vehicle in this State. License plate
number 'two' for the beach music license plate is reserved for
the Chairman of the Board of Trustees of Coastal Carolina
University if that individual is otherwise eligible to register
a motor vehicle in this State. The special license plate must be
issued or revalidated for a biennial period which expires
twenty-four months from the month it is issued. The fee for this
special license plate is the regular motor vehicle registration
fee contained in Article 5, Chapter 3 of this title and a
special motor vehicle license fee of twenty dollars.
(B) The fees collected
pursuant to this section above the cost of production must be
distributed to the general fund.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 code is amended by adding:
Section 56-3-12010. (A)
The Department of Motor Vehicles may issue
Citadel Alumni Association 'Big Red' special license plates to
owners of private passenger carrying motor vehicles as defined
in Section 56-3-630, and motorcycles as defined in Section
56-3-20, registered in their names. The fee for each special
license plate is seventy-five dollars every two years in
addition to the regular motor vehicle license fee set forth in
Article 5, Chapter 3 of this title. Each special license plate
must be of the same size and general design of regular motor
vehicle license plates. Each special license plate must be
issued or revalidated for a biennial period which expires
twenty-four months from the month the special license plate is
issued.
(B) The fees collected
pursuant to this section above the cost of producing the license
plates must be distributed to the Citadel Alumni Association.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12210. (A)
The Department of Motor Vehicles may issue
'Largemouth Bass' special motor vehicle license plates to owners
of private passenger carrying motor vehicles, as defined in
Section 56-3-630, or motorcycles as defined in Section 56-3-20,
registered in their names. The license plate shall have the
image of a largemouth bass imprinted on it. The design of the
plate and the largemouth bass image utilized must be selected
through a public process conducted by the Department of Natural
Resources. This special license plate must be of the same size
and general design of regular motor vehicle license plates. The
special license plates must be issued or revalidated for a
biennial period which expires twenty-four months from the month
the special license plate is issued.
(B) The fees collected
pursuant to this section above the cost of production must be
distributed to the Department of Natural Resources, which shall
only use the funds to promote bass fishing throughout the State.
(C) The guidelines for
the production, collection and distribution of fees for a
special license plate under this section must meet the
requirements of Section 56-3-8100."
SECTION __. Section 56-3-2150 of the 1976 Code, as last amended by Act 177 of 2008, is further amended to read:
"Section 56-3-2150.
The Department of Motor Vehicles may issue special motor
vehicle license plates to former members of the South Carolina
Delegation of the United States Congress, retired judicial
officers elected by the General Assembly or confirmed by the
United States Senate, respectively, members of municipal and
county councils, county coroners, and mayors of this State for
private passenger motor vehicles owned by them. The department
also may issue special motor vehicle license plates to former
members of the General Assembly who are eligible to receive
retirement benefits under the General Assembly Retirement System
for private passenger motor vehicles and vehicles classified as
private passenger motor vehicles in Section 56-3-630 owned by
them. The biennial fee for these special license plates is the
same as the fee provided in Section 56-3-2020, and only one
plate may be issued to former members of the South Carolina
Delegation of the United States Congress, retired judicial
officers elected by the General Assembly or confirmed by the
United States Senate, respectively, a councilman,
coroner, a mayor, or a member of
the General Assembly who is receiving retirement benefits. A
coroner may be issued two license plates. The
plate These license plates must be issued or
revalidated biennially for the regular registration and
licensing period."
SECTION __. Section 56-3-1240 of the 1976 Code is amended to read:
"Section 56-3-1240.
License plates issued for motor vehicles must be attached
to the outside rear of the vehicle, open to view. However, on
truck tractors and road tractors the plates must be attached to
the outside front of the vehicle provided that single unit
commercial motor vehicles with a gross vehicle weight rating in
excess of twenty-six thousand pounds may have the license plate
on either the outside front or rear of the vehicle. Every
license plate, at all times, must be fastened securely in a
horizontal and upright position to the vehicle for which it was
issued so as to prevent the plate from swinging. However, if a
motorcycle is equipped with vertically mounted license plate
brackets, its license plate must be mounted vertically with its
top fastened along the right vertical edge. The bottom of the
plate must be at a height of not less than twelve inches from
the ground in a place and position clearly visible as provided
in Section 56-5-4530, and it must be maintained free from
foreign materials and in a clearly legible condition. No other
license plate, lighting equipment, except as permitted in
Section 56-5-4530, tag, sign, monogram, tinted cover, or
inscription of metal or other material may be displayed above,
around, or upon the plate other than that which
is authorized and issued by the Department of Motor Vehicles for
the purpose of validating the plate. It is not unlawful to place
a decal or a frame on the license plate if it does not
obscure any letters or numbers. A motor vehicle owner may attach
a trailer hitch to a motor vehicle provided the hitch does not
obscure more than two inches of the license plate issued to the
motor vehicle. It is unlawful to operate or drive a motor
vehicle with the license plate missing and a person who is
convicted for violating this section must be punished as
provided by Section 56-3-2520."
SECTION __. Section 56-3-10410 of the 1976 Code, as added by Act 297 of 2008, is amended to read:
"Section 56-3-10410.
(A) The department may issue a
'Veteran' special motor vehicle license plate for use on a
private passenger motor vehicle, as defined in Section
56-3-630, or motorcycle as defined in Section
56-3-20, registered in a person's name in this State who
served in the United States Armed Forces, active or reserve
components, and who was honorably discharged from service. An
application for this special motor vehicle license plate must
include official military documentation showing the applicant
was honorably discharged from service. Only two plates may be
issued to a person.
(B) The requirements
for production, collection and distribution of fees for a
special and distribution of the plate
under this section are those set forth in Section
56-3-8100. The biennial fee for this plate is the regular
registration fee set forth in Article 5, Chapter 3 of this
title. The Department of Motor Vehicles shall imprint the
special license plates with the word 'Veteran', with numbers the
department may determine.
(C) A license plate
issued pursuant to this article may be transferred to another
vehicle of the same weight class owned by the same person upon
application being made and being approved by the Department of
Motor Vehicles. It is unlawful for a person to whom the plate
has been issued to knowingly permit it to be displayed on any
vehicle except the one authorized by the department.
(D) The provisions of
this article do not affect the registration and licensing of
motor vehicles as required by other provisions of this chapter
but are cumulative to those other provisions. A person violating
the provisions of this article or a person who (1) fraudulently
gives false or fictitious information in any application for a
special license plate, as authorized in this article, (2)
conceals a material fact, or (3) otherwise commits fraud in the
application or in the use of a special license plate issued is
guilty of a misdemeanor and, upon conviction, must be punished
by a fine of not more than one hundred dollars or by
imprisonment for not more than thirty days, or both.
(E) If a
person who qualifies for the special license plate issued under
this section also meets all requirements for the handicapped
license plate issued pursuant to Section 56-3-1910(B), then the
license plate issued pursuant to this section shall also include
the distinguishing wheelchair symbol used on license plates
issued pursuant to Section 56-3-1910(B).
(F) If a
person who qualifies for a special license plate issued under
this section also is certified by the Veterans' Administration
or County Veterans' Affairs office with a service related
disability, then the license plate issued under this section
shall also include the word 'disabled'."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12210. (A)
The Department of Motor Vehicles may issue
to owners of private passenger motor vehicles, as defined in
Section 56-3-630, or motorcycles as defined in Section 56-3-20,
registered in a person's name, special motor vehicle license
plates which may have imprinted on them an emblem, a seal, or
other symbol the department considers appropriate of a public or
independent high school located in this State. A school may
submit to the department for its approval the emblem, seal, or
other symbol it desires to be used for its respective special
license plate. A school also may request a change in the emblem,
seal, or other symbol once the existing inventory of the license
plate has been exhausted. The fee for this special license plate
is seventy dollars every two years in addition to the regular
motor vehicle registration fee set forth in Article 5, Chapter 3
of this title. This special license plate must be of the same
size and general design of regular motor vehicle license plates.
The special license plates must be issued or revalidated for a
biennial period which expires twenty-four months from the month
they are issued.
(B) The fees collected
pursuant to this section must be distributed to a separate fund
for each of the respective high schools. Each fund must be
administered by the school and may be used only for academic
scholarships. Funds collected for state schools must be
deposited with the State Treasurer. Funds collected for
independent institutions must be deposited in an account
designated by the respective school. The distribution is thirty
dollars to the department and forty dollars to the school for
each special license plate sold for the respective school.
(C) The guidelines for
the production of a special license plate under this section
must meet the requirements of Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12310. (A)
The Department of Motor Vehicles may issue
'South Carolina Wildlife Federation' or 'Palmetto Wild' or both,
special motor vehicle license plates to owners of private
passenger motor vehicles as defined in Section 56-3-630, or
motorcycles as defined in section 56-3-20, registered in their
names which may have imprinted on them an emblem, seal, symbol,
or design of the South Carolina Wildlife Federation. The South
Carolina Wildlife Federation must submit to the department for
its approval the emblem, seal, symbol, or design it wishes to
display on the plates. The South Carolina Wildlife Federation
must submit to the department written authorization for use of
any copyrighted or registered logos, trademarks, or designs. The
South Carolina Wildlife Federation may request a change in the
emblem, seal, or symbol not more than once every five years. The
plates must be issued or revalidated for a biennial period which
expires twenty-four months from the month they are issued. The
fee for the plate is the regular motor vehicle registration fee
contained in Article 5, Chapter 3 of this title and a special
motor vehicle license fee of thirty dollars.
(B) Notwithstanding
another provision of law, from the fees collected pursuant to
this section, the Comptroller General shall place sufficient
funds into a special restricted account to be used by the
department to defray the expenses of the department in producing
and administering the plates. The remaining funds collected from
the special motor vehicle license fee must be distributed to the
South Carolina Wildlife Federation for conservation programs in
South Carolina.
(C) The guidelines for
the production of a special license plate under this section
must meet the requirements of Section 56-3-8100."
SECTION __. Section 56-3-3310 of the 1976 Code, as last amended by Act 297 of 2008, is further amended to read:
"Section 56-3-3310.
The department may issue a no more
than three permanent special motor vehicle license
plate plates to a recipient of the
Purple Heart for use on a his private
passenger motor vehicle vehicles, as defined
in Section 56-3-630, or motorcycle
motorcycles as defined in Section 56-3-20, registered in his
name. There is no fee for the issuance of up to two
license plate plates, and not more than
two three license plates may be issued
to a person. The fee for the third plate is the regular motor
vehicle registration fee contained in Article 5, Chapter 3 of
this title and a special motor vehicle license fee of thirty
dollars. The application for a special plate must include
proof the applicant is a recipient of the Purple Heart."
SECTION __. Section 56-3-8000 of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"Section 56-3-8000.
(A) The Department of Motor Vehicles
may issue special motor vehicle license plates to owners of
private passenger motor vehicles as defined in Section
56-3-630, and motorcycles as defined in Section
56-3-20, registered in their names which may have imprinted
on the plate an emblem, a seal, or other symbol the department
considers appropriate of an organization which has obtained
certification pursuant to either Section 501(C)(3), 501(C)(6),
501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and
maintained this certification for a period of five years.
The special license plate must be the same size and general
design of regular motor vehicle license plates and must be
issued or revalidated for a biennial period which expires
twenty-four months from the month it is issued. The
biennial fee for this special license plate is the regular
registration fee set forth in Article 5, Chapter 3 of this title
plus an additional fee to be requested by the individual or
organization seeking issuance of the plate. The initial fee
amount requested may be changed only every five years from the
first year the plate is issued. Of the additional fee collected
pursuant to this section, the Comptroller General shall place
sufficient funds into a special restricted account to be used by
the Department of Motor Vehicles to defray the expenses of
producing and administering special license plates. Any of the
remaining fee not placed in the restricted account must be
distributed to an organization designated by the individual or
organization seeking issuance of the license plate.
(B) If the
organization seeking issuance of the plate does not request an
additional fee above the regular registration fee, the
department may collect an additional fee of ten dollars.
(C) Of
the additional fee collected pursuant to subsections (A) and
(B), the Comptroller General shall place sufficient funds into a
special restricted account to be used by the Department of Motor
Vehicles to defray the expenses of producing and administering
special license plates.
(D) Any
of the remaining additional fee collected pursuant to subsection
(B) not placed in the restricted account must be distributed to
an organization designated by the individual or organization
seeking issuance of the license plate, or to the general fund,
if no additional fee is requested by the organization.
(E) Before the
department produces and distributes a plate pursuant to this
section, it must receive:
(1)
four hundred or more prepaid applications for the
special license plate or four thousand six thousand
eight hundred dollars from the individual or organization
seeking issuance of the license plate; and
(2)
a plan to market the sale of the special license plate
which must be approved by the department. If the individual or
organization seeking issuance of the plate submits
four six thousand eight hundred
dollars, the Comptroller General shall place that money into a
restricted account to be used by the department to defray the
initial cost of producing the special license plate.
(C)(F)
If the department receives less than three hundred
biennial applications and renewals for a particular plate
authorized under this section, it shall not produce additional
plates in that series. The department shall continue to issue
plates of that series until the existing inventory is exhausted.
(D)(G)
License plates issued pursuant to this section
shall not contain a reference to a private or public college or
university in this State or use symbols, designs, or logos of
these institutions without the institution's written
authorization.
(E)(H)
Before a design is approved, the organization must
submit to the department written authorization of legal
authority for the use of any copyrighted or registered logo,
trademark, or design, and the organization's acceptance of
legal responsibility for the use.
(F)(I)
The department may alter, modify, or refuse to
produce any special license plate that it deems offensive or
fails to meet community standards. If the department alters,
modifies, or refuses to produce a special license plate, the
organization or individual applying for the license plate may
appeal the department's decision to a special joint legislative
committee. This committee shall be comprised of two members
from the House Education and Public Works Committee and two
members from the Senate Transportation Committee.
Appointments to the joint legislative
committee shall be made by the chairmen of the House Education
and Public Works Committee and the Senate Transportation
Committee. The department's decision may be reversed by a
majority of the joint legislative committee. If the committee
reverses the department's decision, the department must issue
the license plate pursuant to the committee's decision.
However, the provision contained in subitem (B) of this
section subsection (E) also must be met. The
joint legislative committee may also review all license plates
issued by the department and instruct the department to cease
issuing or renewing a plate it deems offensive or fails to meet
community standards.
(G)(J)
For Each new classification of
special vehicle license plates including, but not limited to,
motorcycle license plates, created pursuant to this section must
meet the requirements of Articles 81 and 82, Chapter 3, Title 56
as appropriate.
(K) The fee
required in subsection (E)(1) must be reviewed by the General
Assembly during the 2013 legislative session, and every two
years thereafter. The department must provide a detailed,
comprehensive justification to increase the fee. Any fee
increase must be introduced in a separate bill separate and
apart from any other matter."
SECTION __. Section 56-3-8100 of the 1976 Code, as last amended by Act 347 of 2008, is further amended to read:
"Section 56-3-8100.
(A) Before the Department of Motor
Vehicles produces and distributes a special license plate
created by the General Assembly after January 1, 2006, it must
receive:
(1)
four hundred prepaid applications for the special
license plate or four thousand six thousand eight
hundred dollars from the individual or organization seeking
issuance of the license plate;
(2)
a plan to market the sale of the special license plate
which must be approved by the department; and
(3)
the emblem, a seal, or other symbol to be used for the
plate and, if necessary, written authorization for the
department to use a logo, trademark, or design that is
copyrighted or registered. If the individual or organization
seeking issuance of the plate submits four
six thousand eight hundred dollars, the
Comptroller General shall place that money into a restricted
account to be used by the department to defray the initial cost
of producing the special license plate.
(B) The fee for all
special license plates created by the General Assembly after
January 1, 2006, is the regular biennial registration fee set
forth in Article 5, Chapter 3 of this title plus an additional
fee to be requested by the individual or organization seeking
issuance of the plate, as authorized by law. The initial
fee amount requested can only be changed every five years from
the first year the plate is issued. Each special license plate
must be of the same size and general design of regular motor
vehicle license plates. Each special license plate must be
issued or revalidated for a biennial period which expires
twenty-four months from the month the special license plate is
issued.
(C) If the
individual or organization seeking issuance of the plate does
not request an additional fee above the regular registration
fee, and no other additional fee is prescribed by law, the
department may collect an additional fee of ten dollars.
(D) Of the
additional fee collected pursuant to this
section subsections (B) and (C), the
Comptroller General shall place sufficient funds into a special
restricted account to be used by the Department of Motor
Vehicles to defray the expenses of producing and administering
special license plates.
(E) Any of the
remaining additional fee collected pursuant to
subsections (B) and (C) not placed in the restricted account
must be distributed to an organization designated by the
individual or organization seeking issuance of the license
plate, or to the general fund, if no additional fee is
requested by the organization.
(D)(F)
If the department receives less than three hundred
biennial applications and renewals for a particular special
license plate, it shall not produce additional special license
plates in that series. The department shall continue to issue
special license plates of that series until the existing
inventory is exhausted.
(E)(G)
If the department receives less than three hundred
biennial applications and renewals for plates created pursuant
to Article 12, Chapter 3, Title 56; Article 14, Chapter 3,
Title 56; Article 31, Chapter 3, Title 56; Article 39, Chapter
3, Title 56; Article 40, Chapter 3, Title 56; Article 43,
Chapter 3, Title 56; Article 45, Chapter 3, Title 56; Article
49, Chapter 3, Title 56; Article 50, Chapter 3, Title 56;
Article 60, Chapter 3, Title 56; Article 70, Chapter 3, Title
56; Article 72, Chapter 3, Title 56; and Article 76, Chapter
3, Title 56, it shall not produce additional special license
plates in that series. The department shall continue to issue
special license plates of that series until the existing
inventory is exhausted.
(F)(H)
The provisions contained in subsection (A)(1) and
(2) do not apply to the production and distribution of the
Korean War Veterans Special License Plates contained in Article
68, Chapter 3, Title 56.
(G)(I)
For each new classification of special vehicle
license plate, including, but not limited to, motorcycle license
plates, created pursuant to this section, must meet the
requirements of Articles 81 and 82, Chapter 3, Title 56 as
appropriate.
(J) The fee
required in subsection (A)(1) must be reviewed by the General
Assembly during the 2013 legislative session, and every two
years thereafter. The department must provide a detailed,
comprehensive justification to increase the fee. Any fee
increase must be introduced in a separate bill separate and
apart from any other matter."
SECTION __. The provisions of this act are severable. If any section, subsection, paragraph, item, subitem, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12410. (A)
The Department of Motor Vehicles may issue
'Dr. Mary McLeod Bethune' special license plates to owners of
private passenger carrying motor vehicles, as defined in Section
56-3-630, or motorcycles, as defined in Section 56-3-630,
registered in their names which shall have imprinted on burgundy
and gold license plates 'Dr. Mary McLeod Bethune' and her image,
her year of birth, and her year of death. Twin City Outreach
Mission shall submit to the department for its approval a design
it desires to be used for this special license plate. Twin City
Outreach Mission may request a change in the design not more
than once every five years. The fee for this special license
plate is thirty dollars every two years in addition to the
regular motor vehicle registration fee set forth in Article 5,
Chapter 3, Title 56. The requirements for production,
collection, and distribution of fees for the plate are those set
forth in Section 56-3-8100. This special license plate must be
of the same size and general design of regular motor vehicle
license plates. This special license plate must be issued or
revalidated for a biennial period which expires twenty-four
months from the month it is issued.
(B) The fees collected
pursuant to this section above the cost of the regular motor
vehicle registration fee must be distributed in the following
manner:
(1)
seventy-five percent to Twin City Outreach Mission to:
(a)
fund the construction and operation of the Dr. Mary McLeod
Bethune Museum and Restaurant;
(b)
fund the construction of the Dr. Mary McLeod Bethune
Nature Trail;
(c)
promote tourism in the Town of Mayesville, Sumter County,
South Carolina; and
(d)
promote other projects related to Dr. Mary McLeod Bethune,
tourism that will impact economic development and job creation
for the citizens of Mayesville, Sumter County, and South
Carolina; and
(2)
twenty-five percent to the Town of Mayesville to be used
for operational and program opportunity matching funds."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12510.
(A) The Department of
Motor Vehicles may issue special state flag motor vehicle
license plates to owners of private passenger carrying motor
vehicles as defined in Section 56-3-630 and motorcycles as
defined in Section 56-3-20 registered in their names. The fee
for this special license plate is twenty dollars every two years
in addition to the regular motor vehicle registration fee
contained in Article 5, Chapter 3, Title 56. This special
license plate must be of the same size and shape of regular
motor vehicle license plates. This special license plate must
be issued or revalidated for a biennial period which expires
twenty-four months from the month it is issued.
(B) The design of the
license plate must replicate the color, layout, and design of
the Gadsden flag and contain the words 'Don't Tread on Me' below
a coiled rattlesnake.
(C) The fees collected
pursuant to this section above the cost of producing the license
plates must be distributed to the State Museum. The State
Museum must use the fees only to help fund programs and exhibits
dedicated to the Revolutionary War and our state's role in the
Revolutionary War.
(D) The requirements
for production, collection, and distribution of fees for this
license plate are those set for the in Section 56-3-8100.
(E) If the department
receives fewer than three hundred biennial applications and
renewals for this special license plate, it may not produce
additional special license plates in this series. The
department shall continue to issue special license plates of
this series until the existing inventory is exhausted."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12610. The Department of Motor Vehicles may issue special license plates for use on private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, owned by any active member of the United States Armed Forces who is a resident of this State. The motor vehicle owner must present the department with official documentation that states that he is serving on active duty along with his application for this special license plate. The guidelines for the production and distribution of this special license plate must meet the requirements contained in Section 56-3-8100."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-12710. (A)
The Department of Motor Vehicles may issue
'2010 Baseball National Champions' special license plates to
owners of private passenger motor vehicles, as defined in
Section 56-3-630, or motorcycles, as defined in Section 56-3-20,
registered in their names.
(B) The University of
South Carolina may submit to the department for its approval the
emblem, seal, or other symbol it desires to be used for its
respective special license plate, provided that the phrase
'2010-11 National Baseball Champions' must be utilized on the
plate.
(C) The requirements
for production, collection, and distribution of fees for the
plate are those set forth in Section 56-3-8100. The biennial
fee for this plate is the regular registration fee set forth in
Article 5, Chapter 3 of this title plus an additional fee of
seventy dollars. Any portion of the additional seventy-dollar
fee not set aside by the Comptroller General to defray costs of
production and distribution must be distributed to the fund
established for the University of South Carolina pursuant to
Section 56-3-3710(B) used for the purposes provided in that
section.
(D) License number '1'
for the '2010-11 Baseball National Champions' license plate is
reserved for the University of South Carolina Head Baseball
Coach."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-10810. (A)
The department may issue 'Combat Related
Disabled Veteran' special motor vehicle license plates for use
on private passenger motor vehicles or motorcycles registered in
a person's name in this State who is a veteran classified as at
least fifty percent disabled due to a combat-related injury as
determined from medical records on file with the United States
Department of Veterans Affairs. An application for these
special motor vehicle license plates must include official
military documentation showing the applicant has at least a
fifty percent combat-related disability and who was honorably
discharged from service. Only two plates may be issued to a
person.
(B) The provision in
Section 56-3-8100 that requires the department to receive a
deposit for a special license plate before it may be produced
does not apply for the production of this special license plate.
The biennial fee for this plate is the regular registration fee
set forth in Article 5, Chapter 3 of this title. The Department
of Motor Vehicles shall imprint the special license plates with
the words 'Combat-Related Disabled Veteran', with numbers the
department may determine.
(C) A license plate
issued pursuant to this article may be transferred to another
vehicle of the same weight class owned by the same person upon
application being made and being approved by the Department of
Motor Vehicles. It is unlawful for a person to whom the plate
has been issued to knowingly permit it to be displayed on any
vehicle except the one authorized by the department.
(D) The provisions of
this article do not affect the registration and licensing of
motor vehicles as required by other provisions of this chapter
but are cumulative to those other provisions. A person
violating the provisions of this article or a person who (1)
fraudulently gives false or fictitious information in any
application for a special license plate, as authorized in this
article, (2) conceals a material fact, or (3) otherwise commits
fraud in the application or in the use of a special license
plate issued is guilty of a misdemeanor and, upon conviction,
must be punished by a fine of not more than one hundred dollars
or by imprisonment for not more than thirty days, or both."
SECTION __. A. Section 56-1-3350 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) An
applicant for a new, renewed, or replacement South Carolina
special identification card may apply to the department to
obtain a veteran designation on his identification card by
providing:
(1)
a United States Department of Defense discharge
certificate, also known as a DD Form 214, that shows a
characterization of service, or discharge status of 'honorable'
or 'general under honorable conditions' and establishes the
person's qualifying military service in the United States Armed
Forces; and
(2)
payment of the appropriate fee, if any.
The department may determine the appropriate form and placement
of the veteran designation on the identification card authorized
pursuant to this subsection."
SECTION __. Section 56-3-6000 of the 1976 Code is amended to read:
"Section 56-3-6000.
(A) The department may issue a
distinct and separate special license
plates plate for the United States Army, the
United States Navy, the United States Marines Corps, the United
States Air Force, and the United States Coast Guard for use
on private passenger motor vehicles and motorcycles owned or
leased by residents of this State which separately honor
the United States Army, United States Navy, United States
Marines Corps, United States Air Force, and the United States
Coast Guard. The biennial fee for the
each special license plate issued for a branch of the
military is the regular motor vehicle license plate fee
contained in Article 5, Chapter 3 of this title plus thirty
dollars.
(B) Notwithstanding any
other provision of law, from the fees collected pursuant to this
section, the Comptroller General shall place sufficient funds
into a special restricted account to be used by the Department
of Motor Vehicles to defray the expenses of the Department of
Motor Vehicles in producing and administering the special
license plates. The remaining funds collected from the special
motor vehicle license fee must be administered by the
Department of Education and deposited in an appropriate account
designated by the Department of Education for distribution to
the ROTC program disbursed in equal amounts to the
various county Veterans' Administration offices to be used for
operational expenses.
(C) Before
the department produces and distributes a special license plate
pursuant to this section, it must receive:
(1) four
hundred prepaid applications for the special license plate or a
deposit of four thousand dollars from the individual or
organization seeking issuance of the license plate. If a
deposit of four thousand dollars is made by an individual or
organization pursuant to this section, the department must
refund the four thousand dollars once an equivalent amount of
license plate fees is collected for that organization's license
plate. If the equivalent amount is not collected within four
years of the first issuance of the license plate, then the
department must retain the deposit.
(2) a plan to
market the sale of the special license plate that must be
approved by the department Notwithstanding another
provision of law, the requirements for production, collection,
and distribution of fees for these license plates are those set
forth in Section 56-3-8100.
(D) If the
department receives less than three hundred biennial
applications and renewals for a particular license plate, it
shall not produce additional special license plates in that
series. The department shall continue to issue special license
plates of that series until the existing inventory is
exhausted.
(E)
The special license plates must be of the same
size and general design as regular motor vehicle license
plates. The department shall imprint the special
license plates with a distinctive emblem approved by the United
States Department of Defense and United States Department of
Transportation, as applicable, which distinguishes each branch
of the United States Armed Services."
SECTION __. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-11810. (A)
The Department of Motor Vehicles may issue
special motor vehicle license plates to owners of private
passenger carrying motor vehicles, as defined in Section
56-3-630, or motorcycles, as defined in Section 56-3-20,
registered in their names which must have imprinted on the plate
'Tree My Dog'. This special license plate must be of the same
size and general design of regular motor vehicle license plates.
This special license plate must be issued or revalidated for a
biennial period which expires twenty-four months from the month
it is issued.
(B) The requirements
for production, collection, and distribution of fees for this
license plate are those set forth in Section 56-3-8100. The fees
collected pursuant to this section above the cost of producing
the license plates must be distributed to the South Carolina
State Coon Hunters Association Youth Fund." /
Renumber sections to conform.
Amend title to conform.