H*3927(Rat #0201, Act #0186 of 2016)  General Bill, By Willis and Allison
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE
 139 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR
 VEHICLES MAY ISSUE SPECIAL PERSONALIZED MOTOR VEHICLE LICENSE PLATES; TO AMEND
 SECTION 56-3-2250, RELATING TO THE ISSUANCE OF SAMPLE LICENSE PLATES BY THE
 DEPARTMENT OF MOTOR VEHICLES, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT
 IT IS UNLAWFUL TO DISPLAY A SAMPLE LICENSE PLATE ON A MOTOR VEHICLE AND THE
 PENALTY ASSOCIATED WITH THIS CRIME, TO PROVIDE THAT THE DEPARTMENT MAY RETAIN
 THE FEE THAT IS CHARGED FOR THE ISSUANCE OF THIS LICENSE PLATE, TO PROVIDE
 THAT THE DEPARTMENT MAY ISSUE SOUVENIR LICENSE PLATES FOR ANY SPECIAL
 ORGANIZATIONAL LICENSE PLATE THAT IT PRODUCES AND PERSONALIZED SPECIAL
 ORGANIZATIONAL SOUVENIR LICENSE PLATES FOR A FEE, TO PROVIDE FOR THE
 DISBURSEMENT OF THE FEES, TO PROVIDE THAT THESE LICENSE PLATES MAY BE
 DISPLAYED ONLY ON THE FRONT OF A MOTOR VEHICLE, AND TO PROVIDE A PENALTY FOR A
 VIOLATION OF THIS PROVISION; TO AMEND SECTION 56-3-7360, AS AMENDED, RELATING
 TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF "KOREAN WAR VETERANS" SPECIAL
 LICENSE PLATES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REQUIREMENTS
 FOR PRODUCTION AND DISTRIBUTION OF THIS LICENSE PLATE AND THE FEE FOR THIS
 LICENSE PLATE, AND TO PROVIDE THAT THERE IS NO FEE FOR THIS LICENSE PLATE; TO
 AMEND SECTIONS 56-3-10610 AND 56-3-10710, RELATING TO THE DEPARTMENT OF MOTOR
 VEHICLES' ISSUANCE OF "SILVER STAR" AND "BRONZE STAR" SPECIAL LICENSE PLATES,
 SO AS TO DEFINE THE TYPE OF MOTOR VEHICLES AND MOTORCYCLES WHOSE OWNERS MAY BE
 ISSUED THESE LICENSE PLATES; AND BY ADDING ARTICLE 138 TO CHAPTER 3, TITLE 56
 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "CHASE AWAY
 CHILDHOOD CANCER" SPECIAL LICENSE PLATES. - ratified title

   03/26/15  House  Introduced and read first time (House Journal-page 4)
   03/26/15  House  Referred to Committee on Education and Public
                     Works (House Journal-page 4)
   04/23/15  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 114)
   04/28/15  House  Amended (House Journal-page 93)
   04/28/15  House  Read second time (House Journal-page 93)
   04/28/15  House  Roll call Yeas-55  Nays-43 (House Journal-page 97)
   04/29/15  House  Read third time and sent to Senate
                     (House Journal-page 15)
   04/29/15  Senate Introduced and read first time (Senate Journal-page 17)
   04/29/15  Senate Referred to Committee on Transportation
                     (Senate Journal-page 17)
   04/29/15         Scrivener's error corrected
   05/03/16  Senate Committee report: Favorable with amendment
                     Transportation (Senate Journal-page 8)
   05/11/16  Senate Committee Amendment Adopted (Senate Journal-page 48)
   05/11/16  Senate Amended (Senate Journal-page 48)
   05/11/16  Senate Read second time (Senate Journal-page 48)
   05/11/16  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 48)
   05/12/16         Scrivener's error corrected
   05/12/16  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 12)
   05/18/16  House  Debate adjourned until Thur., 5-18-16
                     (House Journal-page 76)
   05/19/16  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 51)
   05/19/16  House  Roll call Yeas-103  Nays-0 (House Journal-page 51)
   05/24/16         Ratified R 201
   05/25/16         Signed By Governor
   05/27/16         Effective date 05/25/17
   05/31/16         Act No. 186

(A186, R201, H3927)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 139 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL PERSONALIZED MOTOR VEHICLE LICENSE PLATES; TO AMEND SECTION 56-3-2250, RELATING TO THE ISSUANCE OF SAMPLE LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT IT IS UNLAWFUL TO DISPLAY A SAMPLE LICENSE PLATE ON A MOTOR VEHICLE AND THE PENALTY ASSOCIATED WITH THIS CRIME, TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE FEE THAT IS CHARGED FOR THE ISSUANCE OF THIS LICENSE PLATE, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SOUVENIR LICENSE PLATES FOR ANY SPECIAL ORGANIZATIONAL LICENSE PLATE THAT IT PRODUCES AND PERSONALIZED SPECIAL ORGANIZATIONAL SOUVENIR LICENSE PLATES FOR A FEE, TO PROVIDE FOR THE DISBURSEMENT OF THE FEES, TO PROVIDE THAT THESE LICENSE PLATES MAY BE DISPLAYED ONLY ON THE FRONT OF A MOTOR VEHICLE, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; TO AMEND SECTION 56-3-7360, AS AMENDED, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF "KOREAN WAR VETERANS" SPECIAL LICENSE PLATES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REQUIREMENTS FOR PRODUCTION AND DISTRIBUTION OF THIS LICENSE PLATE AND THE FEE FOR THIS LICENSE PLATE, AND TO PROVIDE THAT THERE IS NO FEE FOR THIS LICENSE PLATE; TO AMEND SECTIONS 56-3-10610 AND 56-3-10710, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF "SILVER STAR" AND "BRONZE STAR" SPECIAL LICENSE PLATES, SO AS TO DEFINE THE TYPE OF MOTOR VEHICLES AND MOTORCYCLES WHOSE OWNERS MAY BE ISSUED THESE LICENSE PLATES; AND BY ADDING ARTICLE 138 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "CHASE AWAY CHILDHOOD CANCER" SPECIAL LICENSE PLATES.

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

Special personalized motor vehicle license plates

SECTION    1.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 139

Section 56-3-13910.    (A)    The department may issue special personalized 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 for any special organizational plate authorized pursuant to Section 56-3-8000, Section 56-3-8100, or any other organizational plate authorized by law. In order for a specialized license plate to be personalized, the sponsoring organization, if there is one, must agree to make the license plate available for personalization. The person requesting the special personalized license plate must meet all of the requirements to obtain the specialty license plate.

(B)    The fee for all special personalized organizational license plates created pursuant to this section is the regular biennial registration fee set forth in Article 5, Chapter 3 of this title plus an additional biennial personalization fee of thirty dollars, in addition to any special fee associated with the selected plate design. The Comptroller General shall place twenty dollars of the special personalized organizational license plate fee in a special restricted account to be used by the department to defray the expenses of the department. The remaining ten dollars of the personalization fee must be distributed to the sponsoring organization. The department may not refund the fee once the personalized license plate has been manufactured.

(C)    The license plate design must be identical to the design approved by the department for the organizational license plate, but the license plate will bear the requested number or letter combination subject to approval by the department. There may be no duplication of registration license plate letter or number combinations. The department, in its discretion, may refuse the issue of letter or number combinations which may carry connotations offensive to good taste and decency."

Sample and souvenir license plates

SECTION    2.    Section 56-3-2250 of the 1976 Code is amended to read:

"Section 56-3-2250.    (A)    The Department of Motor Vehicles may provide, upon request, a sample motor vehicle license plate. The license plate shall be of the same size and general design of regular motor vehicle license plates. The fee for issuance of such license plate shall be ten dollars. The department may retain the ten dollar fee to recoup its cost for producing the license plate.

(B)(1)    The department is authorized to produce, upon request, souvenir license plates for any special organizational license plate produced pursuant to Section 56-3-8000 or Section 56-3-8100 or any other special organizational license plate authorized by law. In order for a special organizational license plate to be available as a souvenir license plate, the sponsoring organization, if there is one, must agree to make the license plate available as a souvenir license plate.

(2)    The fee for the special organizational souvenir license plate is twenty dollars. Ten dollars of this fee shall be retained by the department as specified in subsection (A), and the additional ten dollars shall be distributed to the sponsoring organization.

(C)    The department shall determine the method to designate the sample and souvenir license plates described in this section.

(D)(1)    An individual may apply for a personalized special organizational souvenir license plate with a license plate text to be selected by the applicant in a letter and numeral plate text format the department prescribes. The department, in its discretion, may refuse the issuance of letter or number combinations which may carry connotations offensive to good taste and decency.

(2)    In order for a special organizational license plate to be available as a personalized souvenir license plate, the sponsoring organization, if there is one, must agree to make the license plate available as a souvenir license plate.

(3)    The fee for the license plate contained in this subsection is thirty dollars. Twenty dollars of this fee shall be retained by the department to defray the expenses of the department. Ten dollars of this fee shall be distributed to the organization described in subsection (B).

(E)    These sample or souvenir license plates may be displayed only on the front of private passenger motor vehicles as defined in Section 56-3-630 or as otherwise allowed by law in the owner's home state and shall not be displayed on the back of any vehicle registered or required to be registered in this State or as otherwise allowed by law in the owner's home state.

(F)    Any person displaying a license plate in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days for each violation."

Korean War Veterans special license plates

SECTION    3.    Section 56-3-7360 of the 1976 Code, as last amended by Act 253 of 2012, is further amended to read:

"Section 56-3-7360.    The Department of Motor Vehicles may issue 'Korean War Veterans' special license plates to owners of private passenger motor vehicles and motorcycles registered in their names who are Korean War Veterans who served on active duty at anytime during the Korean War. The applicant must present the department with a DD214 or other official documentation that states that he served on active duty upon initial application for this special license plate. There is no fee for this special license plate."

Silver Star special license plates

SECTION    4.    Section 56-3-10610(A) of the 1976 Code, as added by Act 297 of 2008, is amended to read:

"(A)    The Department of Motor Vehicles may issue 'Silver Star' 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 Silver Star. The motor vehicle owner must present the department with a DD214, or other official documentation that states that the owner received the Silver Star, along with the owner's application for this special license plate. 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 the words 'combat veteran' and an illustration of the Silver Star."

Bronze Star special license plates

SECTION    5.    Section 56-3-10710(A) of the 1976 Code, as added by Act 297 of 2008, is amended to read:

"(A)    The Department of Motor Vehicles may issue 'Bronze Star' 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 Bronze Star. The motor vehicle owner must present the department with a DD214, or other official documentation that states that the owner received the Bronze Star, along with the owner's application for this special license plate. 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 the words 'combat veteran' and an illustration of the Bronze Star."

Chase Away Childhood Cancer special license plates

SECTION    6.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-13810.    (A)    The Department of Motor Vehicles may issue 'Chase Away Childhood Cancer' 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 fifty 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 fees collected pursuant to this section above the cost of producing the license plates must be distributed to Chase After a Cure.

(C)    The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100."

Savings clause

SECTION    7.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

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

Ratified the 24th day of May, 2016.

Approved the 25th day of May, 2016.