S 378 Session 111 (1995-1996)
S 0378 General Bill, By Setzler
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 60
to Chapter 3, Title 56, so as to provide special license plates for members of
the Shriners.
01/17/95 Senate Introduced and read first time SJ-14
01/17/95 Senate Referred to Committee on Transportation SJ-14
03/16/95 Senate Committee report: Favorable with amendment
Transportation SJ-11
03/22/95 Senate Amended SJ-21
03/22/95 Senate Read second time SJ-21
03/23/95 Senate Read third time and sent to House SJ-21
03/28/95 House Introduced and read first time HJ-12
03/28/95 House Referred to Committee on Education and Public
Works HJ-12
05/14/96 House Committee report: Favorable with amendment
Education and Public Works HJ-53
05/16/96 House Amended HJ-24
05/16/96 House Objection by Rep. Quinn, Kirsh, Seithel,
Marchbanks, S. Whipper, Robinson, Hallman,
Sandifer, Walker, Knotts & Tucker HJ-24
05/16/96 House Read second time HJ-48
05/16/96 House Roll call Yeas-87 Nays-13 HJ-48
05/22/96 House Objection withdrawn by Rep. Tucker HJ-78
05/23/96 House Objection withdrawn by Rep. Quinn HJ-26
05/23/96 House Objection withdrawn by Rep. Robinson & Sandifer HJ-72
05/23/96 House Read third time and returned to Senate with
amendments HJ-84
05/30/96 Senate Recommitted to Committee on Transportation SJ-12
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 16, 1996
S. 378
Introduced by SENATOR Setzler
S. Printed 5/16/96--H.
Read the first time March 28, 1995.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO
AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS
OF THE SHRINERS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Section 56-3-2155. The department may issue special
motor vehicle license plates to members of the Charleston County
and Georgetown County Pilotage Commissions for private motor
vehicles registered in their names. The biennial fee for the special
license plate is the same as the fee provided in Section 56-3-2020.
Only one plate may be issued to a member of the commission. The
plate must be issued or revalidated biennially for the regular license
period."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-3-2340. (A) Upon application being made and
the required fee being paid to the department, the department may
issue antique dealer license plates to a licensed motor vehicle
dealer. The license plates, notwithstanding other provisions of this
chapter to the contrary, may be used exclusively on antique motor
vehicles owned by, assigned, or loaned for test driving purposes to
the dealer when operated on the highways of this State by the
dealer, its corporate officers, its employees, or a prospective
purchaser of the antique motor vehicle. The use by a prospective
purchaser is limited to seven days, and the dealer shall provide the
prospective purchaser with a dated demonstration certificate. The
certificate must be approved by the department. Antique dealer
plates must not be used to operate wreckers or service vehicles in
use by the dealer nor to operate vehicles owned by the dealer that
are leased or rented by the public. Antique dealer plates may not
be issued by the department unless the dealer furnishes proof in a
form acceptable to the department that he has a retail business
license as required by Chapter 36 of Title 12 and has made at least
five sales of antique motor vehicles in the twelve months preceding
his application for a dealer plate. The sales requirement may be
waived by the department if the dealer has been licensed for less
than one year. For purposes of this section, the transfer of
ownership of an antique motor vehicle between the same individual
or corporation more than one time is considered as only one sale.
Multiple transfer of antique motor vehicles between licensed dealers
for the purpose of meeting eligibility requirements for antique
motor vehicle dealer plates is prohibited.
(B) For good cause shown, the department may issue extra
plates. If a dealer has been licensed less than one year, the
department shall issue a number of license plates based on an
estimated number of sales for the coming year. The department
may increase or decrease the number of plates issued based on
actual sales made.
(C) The cost of each plate is twenty dollars.
(D) For purposes of this section, `antique motor vehicle' means
a motor vehicle which is over thirty years old."
SECTION 3. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Article 32
Special License Plates;
Regional Tourism Commissioners
Section 56-3-3210. The department may issue special motor
vehicle license plates to members of regional tourism commissions
for private motor vehicles registered in their names. Only one plate
may be issued to a person. The biennial fee for the special license
plate is the same as the fee provided in Section 56-3-2020.
Section 56-3-3220. The special license plate must be the same
size as regular motor vehicle license plates but must be of a
distinctive design and bear the letters and numbers the department
prescribes. The plate must be issued or revalidated biennially for
the regular license period."
SECTION 4. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Article 57
Special License Plates;
Marine Corps League
Section 56-3-6920. The department may issue special motor
vehicle license plates to members of the Marine Corps League for
private motor vehicles registered in their names. Only one plate
may be issued to a person. The fee for the issuance of this special
plate must be the regular motor vehicle registration fee set forth in
Article 5, Chapter 3 of this title which must be deposited in the
state general fund and the special fee required by Section 56-3-2020
which must be deposited with the Department of Revenue. Every
five years the department shall assess the cost of production,
administration, and issuance of this plate and provide this
information to the General Assembly.
Section 56-3-6930. The special license plate must be of the same
size and general design of regular motor vehicle license plates, upon
which must be imprinted the Marine Corps League seal, the words
`Once a Marine, Always a Marine', and numbers the department
may determine necessary."
SECTION 5. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Article 58
Special License Plates;
County Veterans Affairs Officers
Section 56-3-7000. The department may issue a special motor
vehicle license plate to a County Veterans Affairs Officer for a
private motor vehicle registered in his name. Only one plate may
be issued to a person. The biennial fee for the special license plate
is the same as the fee provided in Section 56-3-2020.
Section 56-3-7010. The special plates must be of the same size
and general design as a regular motor vehicle license plate. The
department shall imprint the special license plate with the words
`County Veterans Affairs Officer' together with numbers the
department may determine necessary. The plate must be issued or
revalidated biennially for the regular registration and licensing
period."
SECTION 6. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Article 60
Shriners License Plates
Section 56-3-7100. The department may issue special motor
vehicle license plates to members of the Shriners for private motor
vehicles registered in their names. The fee for the issuance of this
special plate must be the regular motor vehicle registration fee set
forth in Article 5, Chapter 3 of this title which must be deposited in
the state general fund and the special fee required by Section
56-3-2020 which must be deposited with the Department of
Revenue. Every five years the department shall assess the cost of
production, administration, and issuance of this plate and provide
this information to the General Assembly. Only one plate may be
issued to a Shriner."
SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Article 62
United States Coast Guard
Auxiliary License Plate
Section 56-3-7200. The department may issue a special motor
vehicle license plate to a member of the United States Coast Guard
Auxiliary for a private motor vehicle registered in the member's
name. Only one plate may be issued to a person. The fee for the
issuance of this special plate must be the regular motor vehicle
registration fee set forth in Article 5, Chapter 3 of this title which
must be deposited in the state general fund and the special fee
required by Section 56-3-2020 which must be deposited with the
Department of Revenue. Every five years the department shall
assess the cost of production, administration, and issuance of this
plate and provide this information to the General Assembly.
Section 56-3-7210. The special license plate must be of the same
size and general design as a regular motor vehicle license plate.
The department shall imprint the special license plate with the
words `United States Coast Guard Auxiliary' together with numbers
the department may determine necessary."
SECTION 8. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Article 64
Special Purpose District
Commissioner License Plate
Section 56-3-7300. The department may issue a special motor
vehicle license plate to a Special Purpose District Commissioner for
a private motor vehicle registered in the commissioner's name.
Only one plate may be issued to a person. The biennial fee for the
special license plate is the same as the fee provided in Section
56-3-2020.
Section 56-3-7310. The special license plate must be of the same
size and general design as a regular motor vehicle license plate.
The department shall imprint the special license plate with the
words `Special Purpose District Commissioner' together with
numbers the department may determine necessary. The plate must
be issued or revalidated biennially for the regular registration and
licensing period."
SECTION 9. Chapter 3, Title 56 of the 1976 Code is amended
by adding:
"Article 68
Special License Plates;
Vietnam Veterans
Section 56-3-7500. The department may issue special motor vehicle
license plates to Vietnam Veterans for private motor vehicles
registered in their names. Only one plate may be issued to a
person. The biennial fee for the special license plate is the same as
the fee provided in Section 56-3-2020, plus an initial fee of fifteen
dollars must be charged for issuance of the special license plate.
Section 56-3-7510. The special license plate must be the same size
as regular motor vehicle license plates but must be of a distinctive
design and bear the words `Vietnam Veteran'. The plate must be
issued or revalidated biennially for the regular license period. To
verify military service during the Vietnam Conflict, a license plate
applicant must submit a copy of his DD-214 form with his license
plate application."
SECTION 10. Chapter 3, Title 56 of the 1976 Code is amended by
adding:
"Article 70
Square Dance Commemorative
License Plates
Section 56-3-7610. The department may issue a special
commemorative motor vehicle license plate commemorating the
Square Dance as the state's official American Folk Dance. The
biennial fee for the commemorative license plate is fifty dollars in
addition to the regular motor vehicle fee prescribed by Article 5 of
this chapter. This license plate must be the same size and general
design of regular motor vehicle license plates."
SECTION 11. Chapter 3, Title 56 of the 1976 Code is amended by
adding:
"Article 71
Special License Plates;
Forest Products Haulers
Section 56-3-7650. The department shall issue a special motor
vehicle license plate to identify intrastate unmanufactured forest
product haulers. A one-time fee for the issuance of this special
plate is thirty dollars."
SECTION 12. Chapter 3, Title 56 of the 1976 Code is amended by
adding:
"Article 73
Special License Plates for
Organ Transplant Recipients
Section 56-3-7750. The department may issue special motor vehicle
license plates to organ transplant recipients for private motor
vehicles registered in their names. Only one plate may be issued to
a person. The biennial fee for the special license plate is the same
as the fee provided in Section 56-3-2020, plus an initial fee of two
dollars must be charged for issuance of the special license plate.
Section 56-3-7760. The special license plate must be the same size
as regular motor vehicle license plates, but must be of a distinctive
design and bear the words `Organ Transplant Recipient'. The plate
must be issued or revalidated biennially for the regular license
period. An organ transplant recipient must submit a doctor's
statement verifying his condition with his license plate
application."
SECTION 13. Chapter 3, Title 56 of the 1976 Code is amended by
adding:
"Article 75
Girl Scout License Plates
Section 56-3-7850. The department may issue special Girl Scout
motor vehicle license plates which have imprinted on the plates an
emblem, seal, or other symbol approved by the Girl Scouts of the
United States of America and the department. The fee for this
special license plate is thirty dollars every two years. The special
license plate must be the same size and general design of regular
motor vehicles 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."
SECTION 14. Section 56-5-1520 of the 1976 Code, as last amended
by Part II, Section 36R, Act 497 of 1994, is further amended to
read:
"Section 56-5-1520. (a) General rule. No(A) A
person shall not drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the conditions and
having regard to the actual and potential hazards then existing.
In every event Speed must be so controlled as
may be necessary to avoid colliding with any a
person, vehicle, or other conveyance on or entering the highway in
compliance with legal requirements and the duty of all
persons a person to use care.
(b) Maximum speed limits.(B) Except when a
special hazard exists that requires lower speed for compliance with
paragraph (a) of this section subsection (A), the
limits specified in this section or established as hereinafter
authorized are maximum lawful speeds, and no a
person shall not drive a vehicle on a highway at a speed in
excess o f these maximum limits:
(1) thirty miles an hour in any urban district; seventy
miles an hour on the interstate highway system and other freeways
where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways
where official signs giving notice of this speed limit are posted;
and
(3) fifty-five miles an hour in other locations or on other
sections of highways except where speeds above
fifty-five miles an hour are otherwise provided by Section
56-5-1510.
(C) Thirty miles an hour is the maximum speed in an
urban district and unpaved roads be limited to the speed of
forty-five miles per hour. `Urban district' means the territory
contiguous to and including any street which is built up with
structures devoted to business, industry, or dwelling houses situated
at intervals of less than one hundred feet for a distance of a quarter
of a mile or more.
(D) The maximum speed limits set forth in this section may
be altered as authorized in pursuant to Sections
56-5-153 0 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating
speed li mits.
(E) The driver of every a vehicle shall
drive, consistent with the requirements of paragraph
(a) subsection (A), drive at an appropriate
reduced speed when approaching and crossing an intersection or
railway grade crossing, when approaching and going around a
curve, approaching a hillcrest, when traveling upon any narrow
bridge, narrow or winding roadway, and when special hazard exists
with respect to pedestrians or other traffic or by reason of weather
or h ighway conditions.
(d) Any(F) A person violating the speed limits
established by this section is guilty of a misdemeanor and, upon
conviction for a first offense, must be fined or imprisoned as
follows:
(1) in excess of the above posted limit but not in excess of ten miles
an hour by a fine of not less than fifteen dollars nor more than
twenty -five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour
above the posted limit by a fine of not less than twenty-five dollars
nor mo re than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles
an hour above the posted limit by a fine of not less than fifty
dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by
a fine of not less than seventy-five dollars nor more than two
hundred dollars or imprisoned for not more than thirty days.
(e)(G) Any A citation for violating
the speed limits issued by any authorized officer must note on it the
rate of speed for which the citation is issued.
(f)(H) In expending the funds credited to the state
general fund from fines generated under subsection (d)
(F), the department first shall consider the need for
additional highway patrolmen."
SECTION 15. Section 56-5-1535 of the 1976 Code, as added by Act
409 of 1994, is amended to read:
"Section 56-5-1535. (A) It is unlawful for a person to drive a
motor vehicle in a highway work zone at a speed in excess of the
speed limit set and posted by signs. A person violating this section
is guilty of a misdemeanor and, upon conviction, must be fined not
less than seventy-five nor more than two hundred dollars or
imprisoned not more than thirty days, or both.
(B) A `highway work zone' is the area between the first sign that
informs motorists of the existence of the work zone on the highway
and the last sign that informs motorists of the end of the work zone.
(C) The penalty imposed by this section applies only:
(1) if a sign is posted at the beginning of the active work zone that
states "HIGHWAY `WORK ZONE - NO
SPEEDING - TWO HUNDRED DOLLAR
$200 FINE AND THIRTY 30 DAYS
IMP RISONMENT FOR
SPEEDI NG'";
(2) to the area between the posted sign and the `END
CONSTRUCTION' sign. Signs may be posted at the discretion of
the Department of Transportation in the highway work zones
designed to comply with work zone traffic control standards
contained in the Manual on Uniform Traffic Control Devices
published by the Federal Highway Administration.
(D) The penalty imposed pursuant to subsection (C) is in
addition to all other penalties prescribed for exceeding the lawful
speed li mit."
SECTION 16. Section 56-5-1540(a)(2) of the 1976 Code is amended
to read:
"(2) increases the limit within an urban district but not to more
than fifty-five seventy miles an hour, except that
speed limits above fifty-five miles an hour are required when
stipulated by Section 56-5-1510; or"
SECTION 17. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system consists of
the segments of highways in South Carolina in the officially
designated national system of interstate and defense
highways."
SECTION 18. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system consists
of a connected system of principal state highways, not to exceed ten
thousand miles, connecting centers of population, determined by the
Commission of the Department of Transportation."
SECTION 19. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision of
law, a person moving or hauling a mobile home on the state's
interstate highways shall travel at a maximum speed of not more
than ten miles an hour below the posted speed limit."
SECTION 20. Section 56-5-1510 of the 1976 Code is repealed.
SECTION 21. Section 56-3-1240 of the 1976 Code, as last amended
by Act 46 of 1991, is further amended to read:
"Section 56-3-1240. (A) License plates issued for
motor vehicles must be attached to the outside rear of the vehicle,
open to view., except that However, on
truck tractors and road tractors, the plates must be attached
to the outside front of the vehicle. Every A 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. 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 for the purpose of
validating the plate. It is not unlawful to place a decal 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.
(B) A person may not attach a non-current license plate issued
by this State or another state to the outside front of a vehicle, unless
the vehicle is classified by the department as an antique pursuant to
Section 56-3-2210.
(C) A person who violates a provision of this section, upon
convictions must be punished pursuant to Section 56-3-2520."
SECTION 22. Section 56-3-1820 of the 1976 Code, as last amended
by Act 164 of 1993, is further amended to read:
"Section 56-3-1820. The special license plates must be of the
same size and general design of regular motor vehicle license plates
upon which must be imprinted `National Guard' and the figure of
the `Minute Man' with numbers the department may determine.
Special license plates for retired members of the National Guard
must denote the member's retired status in the location and manner
determined by the department. The biennial fee for the special
license plates is thirty dollars in addition to the regular
motor vehicle registration fee prescribed by Article 5 of this
chapter. The plates must be issued for biennial periods November
first to October thirty-first."
SECTION 23. Section 56-3-2150 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 56-3-2150. The department may issue special motor
vehicle license plates to mayors, members of municipal and
county councils, and to county coroners of this State for
private motor vehicles registered in their names. The biennial
fee for these special license plates is the same as the fee provided in
Section 56-3-2020, and only Only one plate may be issued to a
mayor, councilman, or coroner. The plate must
be issued or revalidated biennially for the regular registration and
licensing period. The fee for the issuance of this special
plate must be the regular motor vehicle registration fee set forth in
Article 5, Chapter 3 of this title which must be deposited in the
state general fund and the special fee required by Section 56-3-2020
which must be deposited with the Department of Revenue. Every
five years the department shall assess the cost of production,
administration, and issuance of this plate and provide this
information to the General Assembly."
SECTION 24. Section 56-3-2170 of the 1976 Code is amended to
read:
"Section 56-3-2170. The 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 to
and approved by the department. It is unlawful for any
a person to whom such a plate has been issued to
knowingly permit it to be displayed on any vehicle except the one
authorized by the department. If a holder of such a
the plate ceases to be a mayor, member of the
municipal or county council, or ceases to be county
coroner, he shall immediately return
immediately the plate to the department."
SECTION 25. Section 56-3-3310 of the 1976 Code, as last amended
by Section 22JJ, Part II, Act 164 of 1993, and Section 1392, Act
181 of 1993, is further amended to read:
"Section 56-3-3310. The department may issue a special motor
vehicle license plate to a recipient of the Purple Heart. The
biennial fee for the special license plate is the same as the fee
provided in Section 56-3-2020 No fee must be charged for
the issuance or renewal of this special license plate which must be a
permanent plate unless otherwise provided by the General
Assembly, and only one plate may be issued to a person. The
application for a special plate must include proof the applicant is a
recipient of the Purple Heart."
SECTION 26. Section 56-3-3320 of the 1976 Code, as last amended
by Section 22KK, Part II, Act 164 of 1993, is further amended to
read:
"Section 56-3-3320. The special license plates must be of the
same size as regular motor vehicle license plates, upon which must
be imprinted on the left side of the plates the distinctive Purple
Heart insignia with numbers and designs determined by the
department. The license plate must be issued for a biennial
period which expires twenty-four months from the month in which
the special license plate is issued."
SECTION 27. Section 56-3-4310 of the 1976 Code, as last amended
by Section 1394, Act 181 of 1993, is further amended to read:
"Section 56-3-4310. (A) The department shall issue a special
motor vehicle license plate to any retired member of the United
States Armed Forces or the member's spouse who is a
resident of this State in accordance with the provisions of this
section.
(B) The annual fee for the special license plate is the regular motor
vehicle registration fee plus the personalized license plate fee
provided by Section 56-3-2020, and only one plate may be issued
to any a person for each vehicle owned by that
person or that person's spouse, up to a maximum of two
vehicles. The revenue from the issuance of plates under this article
must be deposited in the manner provided under Section 56-3-2020.
The department shall issue the license plate or the revalidation
sticker upon receipt of an application made under oath and in the
form required by the department.
(C) Any A person or the person's spouse is
authorized to use the special license plates provided by this section
if he the person or the person's spouse provides
evidence that he the person or the person's spouse
is a retired member of the United States Armed Forces."
SECTION 28. This act takes effect upon approval by the Governor.
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