Indicates Matter Stricken

Indicates New Matter

 

Committee Amendment Adopted

April 17, 2024

 

H. 4674

 

 

Introduced by Rep. Erickson

 

S. Printed 04/17/24--S.

Read the first time January 31, 2024

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-3-1240, RELATING TO the DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH THE PROVISIONS OF THIS SECTION APPLy, TO PROVIDE HOW LICENSE PLATES MUST BE FASTENED TO VEHICLES, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE FOR THE DISPLAY OF TEMPORARY LICENSE PLATES ON LARGE COMMERCIAL MOTOR VEHICLES.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 56-3-1240 of the S.C. Code is amended to read:

 

    Section 56-3-1240. (A) Unless the provisions of this section apply, licenseLicense plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view. License plates must always 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.

    (B) However, on License plates for 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. During the forty-five days, an intrastate-only large commercial motor vehicle may operate on a temporary license plate issued pursuant to Section 56-3-212, the vehicle owner may display a motorcycle-sized temporary license plate securely in the front, passenger-side windshield of the vehicle provided the unique identifying license plate text faces the exterior of the vehicle. The owner must position the temporary license plate to not obstruct the driver's view.

    (C) However, ifWhen 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.

    (D) 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, 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 2.  Chapter 3, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-3-15020.  The Department of Motor Vehicles may issue "Hearing Impaired" special motor vehicle license plates to owners of private passenger-carrying motor vehicles or motorcycles registered in their names who are hearing impaired. The application for this special motor vehicle license plate must include an original certificate from a licensed physician, as defined in Section 40-75-5, that certifies that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5. 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.

 

SECTION 3.  Chapter 3, Title 56 of the S.C. Code is amended by adding:

 

Article 150

 

South Carolina Equine Industry Special License Plates

 

    Section 56-3-16000.  (A) The Department of Motor Vehicles may issue "South Carolina Equine Industry" special license plates to owners of private passenger-carrying motor vehicles or motorcycles registered in their names. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.

    (B) This special license plate must be the same size and general design as regular motor vehicle license plates.

    (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 each special license plate is thirty dollars plus the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. Any portion of the thirty-dollar fee in excess of the costs of production and distribution of the license plates must be distributed to the Department of Agriculture for the purpose of promoting of the equine industry in the State.

 

SECTION 4.  Section 56-3-7340 of the S.C. Code is amended to read:

 

    Section 56-3-7340. (A) The Department of Motor Vehicles may issue "Native American" special license plates to owners of private passenger motor vehicles or motorcycles registered in their names. The requirements for production and distribution of 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 Native American Prison Program of South Carolina.

 

SECTION 5.  Chapter 3, Title 56 of the S.C. Code is amended by adding:

 

Article 151

 

Catawba Indian Nation Special License Plates

 

    Section 56-3-16010.  The Department of Motor Vehicles may issue "Catawba Indian Nation" special license plates to owners of private passenger motor vehicles or motorcycles registered in their names. Only members of the Catawba Indian Nation are eligible to receive a license plate produced pursuant to this section. A member of the Catawba Indian Nation applying for the license plate must produce with the license plate application an official document from the Catawba Indian Nation verifying membership. The requirements for production and distribution of 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 Native American Prison Program of South Carolina.

 

SECTION 6.  Chapter 3, Title 56 of the S.C. Code is amended by adding:

 

Article 152

 

Cherokee Indian Nation Special License Plates

 

    Section 56-3-16110.  The Department of Motor Vehicles may issue "Cherokee Indian Nation" special license plates to owners of private passenger motor vehicles or motorcycles registered in their names. Only members of the Cherokee Indian Nation are eligible to receive a license plate produced pursuant to this section. A member of the Cherokee Indian Nation applying for the license plate must produce with the license plate application an official document from the Cherokee Indian Nation verifying membership. The requirements for production and distribution of 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 to the Museum of the Cherokee in Oconee County.

 

SECTION 7.  Chapter 3, Title 56 of the S.C. Code is amended by adding:

 

Article 153

 

South Carolina Beekeepers Association Special License Plates

 

    Section 56-3-16210.  (A) The Department of Motor Vehicles may issue "South Carolina Beekeepers Association" special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles registered in their names. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.

    (B) This special license plate must be the same size and general design as regular motor vehicle license plates.

    (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 each special license plate is forty dollars plus the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. Any portion of the forty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution of the license plates must be distributed to the South Carolina Beekeepers Association to be used for research and education.

 

SECTION 8.  This act takes effect six months after approval by the Governor.

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