H 4874 Session 121 (2015-2016)
H 4874 General Bill, By Newton, Putnam, Williams, Funderburk, Bowers, Jefferson,
Finlay, M.S. McLeod, Allison, Ballentine, Clary, Felder, Henderson, Lucas,
W.J. McLeod, Norman, Ridgeway, Rivers, J.E. Smith, Stringer, Tallon and Taylor
Similar(H 4875)
A BILL TO AMEND SECTIONS 56-1-148, 56-1-170, AS AMENDED, 56-1-171, 56-1-220,
56-1-286, AS AMENDED, 56-1-390, AS AMENDED, 56-1-395, 56-1-400, AS AMENDED,
56-1-460, AS AMENDED, 56-1-550, SECTIONS 56-1-740, 56-1-746, 56-1-2080, ALL AS
AMENDED, SECTIONS 56-3-210, 56-3-355, 56-3-662, 56-3-1230, AS AMENDED,
56-3-1290, AS AMENDED, 56-3-1335, 56-3-2545, 56-3-3500, AS AMENDED, 56-3-3600,
SECTIONS 56-3-3800, 56-3-3950, 56-3-4100, 56-3-4200, 56-3-4410, 56-3-4510,
56-3-4600, 56-3-4800, 56-3-5400, 56-3-6000, ALL AS AMENDED, SECTIONS
56-3-6500, 56-3-7050, 56-3-7200, 56-3-7300, AS AMENDED, 56-3-7310, 56-3-7320,
56-3-7330, AS AMENDED, 56-3-7340, 56-3-7350, 56-3-7360, AS AMENDED, 56-3-7370,
56-3-7780, AS AMENDED, 56-3-7800, 56-3-7950, SECTIONS 56-3-8000, 56-3-8100,
56-3-8200, 56-3-8300, 56-3-8600, 56-3-8710, 56-3-9400, 56-3-9500, 56-3-9600,
ALL AS AMENDED, SECTIONS 56-3-9710, 56-3-10010, 56-3-10110, 56-3-10210,
56-3-10310, 56-3-11450, 56-3-12610, 56-3-13010, 56-3-13310, 56-3-13610,
56-5-750, SECTIONS 56-5-2930, 56-5-2933, AND 56-5-2942, ALL AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE IDENTIFYING CODE AFFIXED
ON THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN CRIMES, THE
SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO FAILS TO PAY CHILD SUPPORT,
VISION SCREENING REQUIRED FOR A PERSON TO RENEW HIS DRIVER'S LICENSE, THE
SUSPENSION OF CERTAIN PERSONS' DRIVER'S LICENSES FOR DRIVING WITH AN UNLAWFUL
LEVEL OF ALCOHOL CONCENTRATION, FEES ASSESSED FOR THE REINSTATEMENT OF A
DRIVER'S LICENSE, THE SURRENDER OF A DRIVER'S LICENSE WHEN THE LICENSE IS
SUSPENDED OR REVOKED, AND THE PLACEMENT OF AN INTERLOCK DEVICE ON THE VEHICLES
OF CERTAIN PERSONS WHO HAVE BEEN CONVICTED OF OPERATING A VEHICLE WHILE UNDER
THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, PENALTIES IMPOSED UPON A PERSON
WHO OPERATES A VEHICLE WITH A LICENSE THAT HAS BEEN CANCELED, SUSPENDED, OR
REVOKED, THE FEE IMPOSED FOR EXPEDITING A REQUEST FOR A COPY OF CERTAIN
DEPARTMENT OF MOTOR VEHICLES DOCUMENTS, THE SUSPENSION OF A DRIVER'S LICENSE
AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, THE ISSUANCE OF A
COMMERCIAL DRIVER'S LICENSE, THE PERIOD FOR PROCURING A LICENSE PLATE FOR A
MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, AND THE TRANSFER OF A
LICENSE PLATE FROM ONE VEHICLE TO ANOTHER VEHICLE, THE SUSPENSION OR
REVOCATION OF A COMMERCIAL VEHICLE REGISTRATION CARD AND LICENSE PLATE, THE
FEE TO OBTAIN AN IDENTIFIER, LICENSE PLATE SPECIFICATIONS AND THE ISSUANCE OF
NEW LICENSE PLATES, THE TRANSFER OF A LICENSE PLATE FROM ONE VEHICLE TO
ANOTHER VEHICLE, THE SUSPENSION OF A MOTOR VEHICLE LICENSE PLATE WHEN ITS
DRIVER FAILS TO PAY A TOLL, THE DISPERSEMENT OF FEES COLLECTED FROM THE
ISSUANCE OF CONSERVE SOUTH CAROLINA SPECIAL LICENSE PLATES, PENN CENTER
SPECIAL LICENSE PLATES, SOUTH CAROLINA NURSES SPECIAL LICENSE PLATES, AMERICAN
LEGION SPECIAL LICENSE PLATES, KEEP SOUTH CAROLINA BEAUTIFUL SPECIAL LICENSE
PLATES, SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES, CAROLINA
PANTHERS SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL LICENSE PLATES,
SPECIAL COMMEMORATIVE LICENSE PLATES, HOMEOWNERSHIP: THE AMERICAN DREAM
SPECIAL LICENSE PLATES, SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES,
FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED STATES ARMED SERVICES
SPECIAL LICENSE PLATES, UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES,
UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES, ARTS AWARENESS SPECIAL
LICENSE PLATES, SALTWATER FISHING SPECIAL LICENSE PLATES, SUPPORT OUR TROOPS
SPECIAL LICENSE PLATES, EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES, BOY
SCOUTS OF AMERICA AND EAGLE SCOUT SPECIAL LICENSE PLATES, NATIVE AMERICAN
SPECIAL LICENSE PLATES, SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES,
KOREAN WAR VETERANS SPECIAL LICENSE PLATES, CAREER RESEARCH CENTERS OF THE
CAROLINAS SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS SPECIAL LICENSE PLATES,
SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES, HUNTING ISLAND STATE PARK
SPECIAL LICENSE PLATES, NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SPECIAL
LICENSE PLATES PRODUCTION AND DISTRIBUTION GUIDELINES, ROTARY INTERNATIONAL
SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, DUCKS
UNLIMITED SPECIAL LICENSE PLATES, NASCAR SPECIAL LICENSE PLATES, MORRIS ISLAND
LIGHTHOUSE SPECIAL LICENSE PLATES, GOD BLESS AMERICA SPECIAL LICENSE PLATES,
NO MORE HOMELESS PETS SPECIAL LICENSE PLATES, HERITAGE CLASSIC FOUNDATION
SPECIAL LICENSE PLATES, PARROT HEAD SPECIAL LICENSE PLATES, OPERATION DESERT
STORM - DESERT SHIELD VETERANS SPECIAL LICENSE PLATES, OPERATION ENDURING
FREEDOM VETERAN SPECIAL LICENSE PLATES, OPERATION IRAQI FREEDOM VETERAN
SPECIAL LICENSE PLATES, HISTORIC SPECIAL MOTOR VEHICLE SPECIAL LICENSE PLATES,
SOUTH CAROLINA WILDLIFE FEDERATION SPECIAL LICENSE PLATES, 2010-11 NATIONAL
CHAMPIONS SPECIAL LICENSE PLATES, MOTORCYCLE AWARENESS ALLIANCE SPECIAL
LICENSE PLATES, SOUTH CAROLINA STANDS WITH ISRAEL SPECIAL LICENSE PLATES, A
MOTOR VEHICLE DRIVER'S FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT
VEHICLE, OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS,
DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND THE IMMOBILIZATION OF
CERTAIN VEHICLES, ALL SO AS TO SUBSTITUTE THE TERM "DEPARTMENT OF MOTOR
VEHICLES" FOR THE TERM "COMPTROLLER GENERAL", AND TO MAKE TECHNICAL CHANGES.
02/10/16 House Introduced and read first time (House Journal-page 37)
02/10/16 House Referred to Committee on Education and Public
Works (House Journal-page 37)
03/10/16 House Committee report: Favorable Education and Public
Works (House Journal-page 4)
03/16/16 House Read second time (House Journal-page 32)
03/16/16 House Roll call Yeas-103 Nays-0 (House Journal-page 35)
03/17/16 House Read third time and sent to Senate
(House Journal-page 8)
03/17/16 Senate Introduced and read first time (Senate Journal-page 6)
03/17/16 Senate Referred to Committee on Transportation
(Senate Journal-page 6)
04/01/16 Scrivener's error corrected
H. 4874
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 10, 2016
H. 4874
Introduced by Reps. Newton, Putnam, Williams, Funderburk, Bowers, Jefferson, Finlay, M.S. McLeod, Allison, Ballentine, Clary, Felder, Henderson, Lucas, W.J. McLeod, Norman, Ridgeway, Rivers, J.E. Smith, Stringer, Tallon and Taylor
S. Printed 3/10/16--H. [SEC 4/1/16 12:12 PM]
Read the first time February 10, 2016.
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS
To whom was referred a Bill (H. 4874) to amend Sections 56-1-148, 56-1-170, as amended, 56-1-171, 56-1-220, 56-1-286, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass:
MERITA A. ALLISON for Committee.
STATEMENT OF ESTIMATED FISCAL IMPACT
Fiscal Impact Summary
This bill would have no expenditure impact on the general fund, federal funds, or other funds.
Explanation of Fiscal Impact
State Expenditure
This bill transfers the responsibility for placing certain fees and fines related to driver's licenses and license plates into a special restricted account from the Comptroller General to the Department of Motor Vehicles.
Office of the Comptroller General. The Office of the Comptroller General indicates this bill will have no fiscal impact on the general fund, federal funds, or other funds.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
A BILL
TO AMEND SECTIONS 56-1-148, 56-1-170, AS AMENDED, 56-1-171, 56-1-220, 56-1-286, AS AMENDED, 56-1-390, AS AMENDED, 56-1-395, 56-1-400, AS AMENDED, 56-1-460, AS AMENDED, 56-1-550, SECTIONS 56-1-740, 56-1-746, 56-1-2080, ALL AS AMENDED, SECTIONS 56-3-210, 56-3-355, 56-3-662, 56-3-1230, AS AMENDED, 56-3-1290, AS AMENDED, 56-3-1335, 56-3-2545, 56-3-3500, AS AMENDED, 56-3-3600, SECTIONS 56-3-3800, 56-3-3950, 56-3-4100, 56-3-4200, 56-3-4410, 56-3-4510, 56-3-4600, 56-3-4800, 56-3-5400, 56-3-6000, ALL AS AMENDED, SECTIONS 56-3-6500, 56-3-7050, 56-3-7200, 56-3-7300, AS AMENDED, 56-3-7310, 56-3-7320, 56-3-7330, AS AMENDED, 56-3-7340, 56-3-7350, 56-3-7360, AS AMENDED, 56-3-7370, 56-3-7780, AS AMENDED, 56-3-7800, 56-3-7950, SECTIONS 56-3-8000, 56-3-8100, 56-3-8200, 56-3-8300, 56-3-8600, 56-3-8710, 56-3-9400, 56-3-9500, 56-3-9600, ALL AS AMENDED, SECTIONS 56-3-9710, 56-3-10010, 56-3-10110, 56-3-10210, 56-3-10310, 56-3-11450, 56-3-12610, 56-3-13010, 56-3-13310, 56-3-13610, 56-5-750, SECTIONS 56-5-2930, 56-5-2933, AND 56-5-2942, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE IDENTIFYING CODE AFFIXED ON THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN CRIMES, THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO FAILS TO PAY CHILD SUPPORT, VISION SCREENING REQUIRED FOR A PERSON TO RENEW HIS DRIVER'S LICENSE, THE SUSPENSION OF CERTAIN PERSONS' DRIVER'S LICENSES FOR DRIVING WITH AN UNLAWFUL LEVEL OF ALCOHOL CONCENTRATION, FEES ASSESSED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, THE SURRENDER OF A DRIVER'S LICENSE WHEN THE LICENSE IS SUSPENDED OR REVOKED, AND THE PLACEMENT OF AN INTERLOCK DEVICE ON THE VEHICLES OF CERTAIN PERSONS WHO HAVE BEEN CONVICTED OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, PENALTIES IMPOSED UPON A PERSON WHO OPERATES A VEHICLE WITH A LICENSE THAT HAS BEEN CANCELED, SUSPENDED, OR REVOKED, THE FEE IMPOSED FOR EXPEDITING A REQUEST FOR A COPY OF CERTAIN DEPARTMENT OF MOTOR VEHICLES DOCUMENTS, THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, THE PERIOD FOR PROCURING A LICENSE PLATE FOR A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, AND THE TRANSFER OF A LICENSE PLATE FROM ONE VEHICLE TO ANOTHER VEHICLE, THE SUSPENSION OR REVOCATION OF A COMMERCIAL VEHICLE REGISTRATION CARD AND LICENSE PLATE, THE FEE TO OBTAIN AN IDENTIFIER, LICENSE PLATE SPECIFICATIONS AND THE ISSUANCE OF NEW LICENSE PLATES, THE TRANSFER OF A LICENSE PLATE FROM ONE VEHICLE TO ANOTHER VEHICLE, THE SUSPENSION OF A MOTOR VEHICLE LICENSE PLATE WHEN ITS DRIVER FAILS TO PAY A TOLL, THE DISPERSEMENT OF FEES COLLECTED FROM THE ISSUANCE OF CONSERVE SOUTH CAROLINA SPECIAL LICENSE PLATES, PENN CENTER SPECIAL LICENSE PLATES, SOUTH CAROLINA NURSES SPECIAL LICENSE PLATES, AMERICAN LEGION SPECIAL LICENSE PLATES, KEEP SOUTH CAROLINA BEAUTIFUL SPECIAL LICENSE PLATES, SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES, CAROLINA PANTHERS SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL LICENSE PLATES, SPECIAL COMMEMORATIVE LICENSE PLATES, HOMEOWNERSHIP: THE AMERICAN DREAM SPECIAL LICENSE PLATES, SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES, FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES, UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES, UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES, ARTS AWARENESS SPECIAL LICENSE PLATES, SALTWATER FISHING SPECIAL LICENSE PLATES, SUPPORT OUR TROOPS SPECIAL LICENSE PLATES, EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES, BOY SCOUTS OF AMERICA AND EAGLE SCOUT SPECIAL LICENSE PLATES, NATIVE AMERICAN SPECIAL LICENSE PLATES, SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES, KOREAN WAR VETERANS SPECIAL LICENSE PLATES, CAREER RESEARCH CENTERS OF THE CAROLINAS SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES, HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES, NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SPECIAL LICENSE PLATES PRODUCTION AND DISTRIBUTION GUIDELINES, ROTARY INTERNATIONAL SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, DUCKS UNLIMITED SPECIAL LICENSE PLATES, NASCAR SPECIAL LICENSE PLATES, MORRIS ISLAND LIGHTHOUSE SPECIAL LICENSE PLATES, GOD BLESS AMERICA SPECIAL LICENSE PLATES, NO MORE HOMELESS PETS SPECIAL LICENSE PLATES, HERITAGE CLASSIC FOUNDATION SPECIAL LICENSE PLATES, PARROT HEAD SPECIAL LICENSE PLATES, OPERATION DESERT STORM - DESERT SHIELD VETERANS SPECIAL LICENSE PLATES, OPERATION ENDURING FREEDOM VETERAN SPECIAL LICENSE PLATES, OPERATION IRAQI FREEDOM VETERAN SPECIAL LICENSE PLATES, HISTORIC SPECIAL MOTOR VEHICLE SPECIAL LICENSE PLATES, SOUTH CAROLINA WILDLIFE FEDERATION SPECIAL LICENSE PLATES, 2010-11 NATIONAL CHAMPIONS SPECIAL LICENSE PLATES, MOTORCYCLE AWARENESS ALLIANCE SPECIAL LICENSE PLATES, SOUTH CAROLINA STANDS WITH ISRAEL SPECIAL LICENSE PLATES, A MOTOR VEHICLE DRIVER'S FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND THE IMMOBILIZATION OF CERTAIN VEHICLES, ALL SO AS TO SUBSTITUTE THE TERM "DEPARTMENT OF MOTOR VEHICLES" FOR THE TERM "COMPTROLLER GENERAL", AND TO MAKE TECHNICAL CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-148(D) of the 1976 Code, as added by Act 277 of 2010, is amended to read:
"(D) The department shall charge a fee of fifty dollars for affixing the identifying code provided in subsection (B). This fee is in addition to the fee provided for in Section 56-1-140. This fee must be placed by the Department of Motor Vehicles Comptroller General into a special restricted account to be used by the department to defray expenses associated with this section."
SECTION 2. Section 56-1-170(B)(3) of the 1976 Code is amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the Department of Motor Vehicles."
SECTION 3. Section 56-1-171(C) of the 1976 Code, as added by Act 46 of 2007, is amended to read:
"(C) The fee for a special route-restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General department into a special restricted account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles."
SECTION 4. Section 56-1-220(B) of the 1976 Code is amended to read:
"(B) During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from an ophthalmologist or optometrist licensed in any state or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account."
SECTION 5. The first paragraph of Section 56-1-286(D) of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:
"(D) A test must be administered at the direction of the primary investigating law enforcement officer. At the officer's direction, the person first must be offered a breath test to determine the person's alcohol concentration. If the person physically is unable to provide an acceptable breath sample because the person has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. The breath test must be administered by a person trained and certified by the South Carolina Criminal Justice Academy, pursuant to the State Law Enforcement Division's policies. The primary investigating officer may administer the test. Blood samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to obtain these samples in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and shall promulgate regulations necessary to carry out the subsection's provisions. The costs of the tests administered at the officer's direction must be paid from the State's general fund. However, if the person is subsequently convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945, then, upon conviction, the person shall pay twenty-five dollars for the costs of the tests. The twenty-five dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory."
SECTION 6. Section 56-1-390(2) of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:
"(2) The fees collected by the Department of Motor Vehicles under this provision must be distributed as follows: seventy dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles, and one dollar must be credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads. The remainder of the fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of
Collected After of the State Transportation
State Non-Federal Aid
Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 20 percent 80 percent
June 30, 2007 0 percent 100 percent."
SECTION 7. Section 56-1-395(G) of the 1976 Code, as added by Act 273 of 2010, is amended to read:
"(G) The payment program administrative fee of thirty-five dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Motor Vehicles department to defray its expenses."
SECTION 8. Section 56-1-400(A) of the 1976 Code, as last amended by Act 158 of 2014, is further amended to read:
"(A) The Department of Motor Vehicles, upon suspending or revoking a license, shall require that the license be surrendered to the department. At the end of the suspension period, other than a suspension for reckless driving, driving under the influence of intoxicants, driving with an unlawful alcohol concentration, felony driving under the influence of intoxicants, or pursuant to the point system, the department shall issue a new license to the person. If the person has not held a license within the previous nine months, the department shall not issue or restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, driving with an unlawful alcohol concentration, felony driving under the influence of intoxicants, or for violations under the point system, until the person has filed an application for a new license, submitted to an examination as upon an original application, and satisfied the department, after an investigation of the person's driving ability, that it would be safe to grant the person the privilege of driving a motor vehicle on the public highways. The department, in the department's discretion, where the suspension is for a violation under the point system, may waive the examination, application, and investigation. A record of the suspension must be endorsed on the license issued to the person, showing the grounds of the suspension. If a person is permitted to operate a motor vehicle only with an ignition interlock device installed pursuant to Section 56-5-2941, the restriction on the license issued to the person must conspicuously identify the person as a person who only may drive a motor vehicle with an ignition interlock device installed, and the restriction must be maintained on the license for the duration of the period for which the ignition interlock device must be maintained pursuant to Section 56-1-286, 56-5-2945, 56-5-2947 except if the conviction was for Section 56-5-750, 56-5-2951, or 56-5-2990. For purposes of Title 56, the license must be referred to as an ignition interlock restricted license. The fee for an ignition interlock restricted license is one hundred dollars, which shall be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray the department's expenses. Unless the person establishes that the person is entitled to the exemption set forth in subsection (B), no ignition interlock restricted license may be issued by the department without written notification from the authorized ignition interlock service provider that the ignition interlock device has been installed and confirmed to be in working order. If a person chooses to not have an ignition interlock device installed when required by law, the license will remain suspended indefinitely. If the person subsequently decides to have the ignition interlock device installed, the device must be installed for the length of time set forth in Section 56-1-286, 56-5-2945, 56-5-2947 except if the conviction was for Section 56-5-750, 56-5-2951, or 56-5-2990. This provision does not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23, Chapter 5 of this title."
SECTION 9. Section 56-1-460(A)(1)(e)(iii) of the 1976 Code, as last amended by Act 273 of 2010, is further amended to read:
"(iii) The fee for a route restricted driver's license issued pursuant to this item is one hundred dollars, but no additional fee is due when changes occur in the place and hours of employment, education, or residence. Of this fee, eighty dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Motor Vehicles department to defray the Department of Motor Vehicles' its expenses. The remainder of the fees collected pursuant to this item must be credited to the Department of Transportation State Non-Federal Aid Highway Fund."
SECTION 10. Section 56-1-550 of the 1976 Code, as added by Act 353 of 2008, is amended to read:
"Section 56-1-550. The Department of Motor Vehicles may collect a fee not to exceed twenty dollars per document to expedite a request for copies of documents and records it maintains. This fee is in addition to the normal fees associated with the request. Expedited requests must be available within seventy-two hours of receipt of the request and standard requests within thirty days. Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom of Information Act. The funds collected pursuant to this section must be placed into a special restricted account by the Comptroller General department to be used by the Department of Motor Vehicles to defray its expenses."
SECTION 11. Section 56-1-740(B)(3) of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, eighty dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the department. The remainder of the fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of
Collected After, of the State Transportation
State Non-Federal Aid
Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 20 percent 80 percent
June 30, 2007 0 percent 100 percent."
SECTION 12. Section 56-1-746(D)(3) of the 1976 Code is amended to read:
"(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the Department of Motor Vehicles."
SECTION 13. Section 56-1-2080(A)(1) of the 1976 Code, as last amended by Act 353 of 2008, is amended to read:
"(1) A person may not be issued a commercial driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 C.F.R. Part 383, subparts F, G, and H and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department. The first commercial driver's license skills test administered by the department to an individual is free of charge; thereafter, the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each subsequent commercial driver's license skills test administered to that individual. State agency and school district employees who are required to possess a commercial driver's license in the course of their normal job duties are exempt from this requirement. This fee must be placed into a special restricted account by the Department of Motor Vehicles Comptroller General to be used by the Department of Motor Vehicles department to defray its expenses."
SECTION 14. Section 56-3-210(B) of the 1976 Code is amended to read:
"(B) The Department of Motor Vehicles or the county auditor's office must, upon proper application, issue a temporary license plate designed by the Department of Motor Vehicles to a casual seller or buyer of a vehicle pursuant to subsection (A) of this section. The county auditor's office may obtain temporary license plates from the Department of Motor Vehicles. If the applicant is a casual buyer of a vehicle, the Department of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Department of Motor Vehicles may require. If the applicant is the casual seller of a vehicle, at the time of the sale, he must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Department of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. Neither the casual seller nor the casual buyer may place the temporary license plate on the vehicle until the sale has been completed. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A casual seller who issues a temporary license plate or allows a temporary license plate to be issued in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence. The Department of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General department must place into a special restricted account to be used by the Department of Motor Vehicles department to defray its expenses associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates."
SECTION 15. Section 56-3-355 of the 1976 Code is amended to read:
"Section 56-3-355. The Department of Motor Vehicles must suspend, revoke, or not issue a registration card and license plate to a person for a commercial motor vehicle greater than twenty-six thousand pounds which operates with an apportioned license plate if the commercial motor carrier who is responsible for the safety of the vehicle has been prohibited from operating by a federal agency. The registrant must promptly surrender to the department any item suspended or revoked under this section. If the registrant unlawfully refuses to surrender the suspended or revoked items as required under this section, the department, through its designated agents or by request to a county or municipal law enforcement agency, shall take possession of the suspended or revoked license plate and registration card. A registration card or license plate may not be reissued for that vehicle until the motor carrier has been allowed to operate by a federal agency or the vehicle is properly transferred to a motor carrier that is not prohibited from operating by a federal agency. Before a suspended vehicle registration card can be reinstated, a fee of fifty dollars for each registration card suspension must be paid to the department. The fifty dollar fee must be placed in a special restricted account by the Comptroller General Department of Motor Vehicles to be used by the department to offset the expenses of administering the Performance and Registration Information Systems Management Program."
SECTION 16. Section 56-3-662 of the 1976 Code is amended to read:
"Section 56-3-662. The Department of Motor Vehicles shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Motor Vehicles may promulgate regulations pursuant to this section. The five-dollar fee collected pursuant to this section must be placed in a special restricted account by the Comptroller General Department of Motor Vehicles to be used by the Department of Public Safety for the administration and enforcement of the provisions contained in Articles 3 and 5, Chapter 23, Title 58, and for the building or renovation of weigh stations. All unexpended funds from prior years collected under this section may be retained and carried forward by the Department of Public Safety and used for these purposes."
SECTION 17. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 57 of 2005, is further amended to read:
"(A) License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates, but excluding license plates provided in Sections 56-3-660 and 56-3-670, must be provided by the department at intervals the department considers appropriate, but at least every six years. A new license plate for vehicles contained in Sections 56-3-660 and 56-3-670 must be provided by the department at intervals the department considers appropriate. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, except for the fees collected pursuant to Sections 56-3-660 and 56-3-670, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General department in a special restricted account to be used solely by the Department of Motor Vehicles department for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License plates issued for vehicles in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates. License plates issued as permanent may be revalidated and replaced at intervals determined by the department."
SECTION 18. Section 56-3-1290 of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"Section 56-3-1290. The Department of Motor Vehicles, upon application and the payment of a fee of ten dollars, shall transfer the license plate assigned for one vehicle to another vehicle of the same general type owned or leased by the same person without a paid tax receipt for the vehicle. However, subsequent transfers of a license plate to the same vehicle may not be processed without a paid tax receipt based upon the value of the vehicle to which the plate is being transferred. Three dollars of the fees paid pursuant to this section must be deposited in the state general fund, and the remaining seven dollars must be placed into a special restricted account by the Comptroller General department to be used by the Department of Motor Vehicles to defray its expenses."
SECTION 19. Section 53-3-1335 of the 1976 Code, as added by Act 267 of 2006, is amended to read:
"Section 53-3-1335. The Department of Motor Vehicles shall suspend a motor vehicle's current registration and shall not register or reregister a motor vehicle that was operated when its driver failed to pay a toll and whose owner has an outstanding judgment for failure to pay a toll pursuant to Section 57-5-1495(E) entered against him. The suspension or denial of registration or reregistration shall remain in effect until the judgment is satisfied, evidence of the satisfaction has been provided to the Department of Motor Vehicles, and a reinstatement fee of fifty dollars has been paid. The reinstatement fee collected must be placed by the Comptroller General department into a special restricted account to be used by the Department of Motor Vehicles to defray the costs associated with this section."
SECTION 20. Section 56-3-2545 of the 1976 Code, as added by Act 200 of 2002, is amended to read:
"Section 56-3-2545. Of the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the Department of Motor Vehicles in producing and administering this special license plate. The remaining fees collected pursuant to this section must be credited to the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60 of the 1976 Code."
SECTION 21. Section 56-3-3500(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the expenses of the Department of Motor Vehicles department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be distributed to Penn Center, Inc., to support its activities."
SECTION 22. Section 56-3-3600(B) of the 1976 Code is amended to read:
"(B) Of the fees collected pursuant to this section, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the expenses of the Department of Motor Vehicles in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Nurses Foundation to endow scholarships for all of the State's registered nursing programs."
SECTION 23. Section 56-3-3800(A) of the 1976 Code, as last amended by Act 347 of 2008, is further amended to read:
"(A) The Department of Motor Vehicles may issue motor vehicle license plates to members of the American Legion for private motor vehicles and motorcycles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty dollars that must be distributed to the South Carolina American Legion. The forty-dollar special fee must be deposited in an account designated by the South Carolina American Legion, and must be used to off-set the expenses associated with the South Carolina Boys and Girls State Program. Notwithstanding any other provision of law, of the fees collected in accordance with Section 56-3-2020 for the special license plate, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the expenses of the Department of Motor Vehicles department in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION 24. Section 56-3-3950 of the 1976 Code, as last amended by Act 31 of 2005, is further amended to read:
"Section 56-3-3950. The department may issue a special commemorative 'Keep It Beautiful' motor vehicle license plate for use by owners on their private passenger motor vehicles to establish a special fund to be used by the Department of Transportation for the purposes of enhancing the state's roads and highways. These enhancements may include landscaping, wildflower plantings, scenic easements, or other highway enhancement projects. The Department of Transportation, in implementing this program, may not expend beautification funds for wildflowers without prior approval of the South Carolina Department of Agriculture. The Department of Agriculture shall ensure, before granting approval, that the varieties of wildflowers used in beautification are not harmful to agriculture at or near a proposed project. The biennial fee for the commemorative license plate is fifty-four dollars. Notwithstanding any other provision of law, of the fees collected for this special license plate, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the department's expenses in producing and administering this special license plate. Any remaining funds must be placed in a special 'Highway Beautification Fund' established within and administered by the Department of Transportation. This biennial fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words 'Keep It Beautiful'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION 25. Section 56-3-4100(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General Department of Motor Vehicles 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 Vehicle department in producing and administering the special license plate. Any remaining funds must be deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Elks Association to be used to support its Alzheimer's state project."
SECTION 26. Section 56-3-4200(C) of the 1976 Code is amended to read:
"(C) Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles 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 Department of Parks, Recreation and Tourism and used by the State Park Service for recreational enhancements and improvements."
SECTION 27. Section 56-3-4410(B) of the 1976 Code is amended to read:
"(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 department to defray the its 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 distributed to the Palmetto Cycling Coalition, Inc., or another nonprofit fund designated by the Palmetto Cycling Coalition, Inc., for the promotion of bicycling safety and education programs. Any remaining funds must be administered by the Palmetto Cycling Coalition, Inc., used only for efforts to promote bicycle safety and education programs, and deposited in an appropriate nonprofit account designated by the Palmetto Cycling Coalition, Inc."
SECTION 28. Section 56-3-4510(C) of the 1976 Code, as added by Act 79 of 2009, is amended to read:
"(C) Of the fees collected pursuant to this section, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the department in producing and administering this special license plate collection. The remaining funds collected from each special motor vehicle license plate fee must be deposited in the Game Protection Fund provided for in Title 50."
SECTION 29. Section 56-3-4600(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the department Comptroller General shall place sufficient funds into a special restricted account to be used by the department Department of Motor Vehicles to defray the its 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 South Carolina Association of Realtors and deposited in an appropriate nonprofit account designated by the association for distribution to Habitat for Humanity International or another nonprofit fund designated by the association for the construction of new homes for low income families in South Carolina."
SECTION 30. Section 56-3-4800(B) of the 1976 Code is amended to read:
"(B) Of the fees collected pursuant to this section, the department Comptroller General shall place sufficient funds into a special restricted account to be used by the department Department of Motor Vehicles to defray the its expenses of the department in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Division of the Sons of Confederate Veterans."
SECTION 31. Section 56-3-5400(B) of the 1976 Code, as added by Act 54 of 2005, is amended to read:
"(B) Of the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place the regular motor vehicle license fee into a special restricted account to be used by the Department of Motor Vehicles department. The remaining funds collected from the special motor vehicle license fee must be distributed to the State Lodge of the Fraternal Order of Police to be used to support the families of officers killed in the line of duty."
SECTION 32. Section 56-3-6000(B) of the 1976 Code, as last amended by Act 272 of 2012, is further amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the department Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 plate fee must be disbursed in equal amounts to the various county Veterans' Administration offices to be used for operational expenses."
SECTION 33. Section 56-3-6500 of the 1976 Code, as added by Act 398 of 2006, is amended to read:
"Section 56-3-6500. The Department of Motor Vehicles may issue 'United States Naval Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Naval Academy. 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 department to defray the costs of production and distribution must be distributed to the United States Naval Academy Alumni Association."
SECTION 34. Section 56-3-7050 of the 1976 Code, as added by Act 398 of 2006, is amended to read:
"Section 56-3-7050. The Department of Motor Vehicles may issue 'United States Air Force Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Air Force Academy. 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 department to defray the costs of production and distribution must be distributed to the United States Air Force Academy Alumni Association."
SECTION 35. Section 56-3-7200(B) of the 1976 Code, as added by Act 55 of 2005, is amended to read:
"(B) Of the fees collected pursuant to this section, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray its expenses of the department in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be deposited in a separate fund for the South Carolina Arts Commission and be used solely to support activities that build a thriving arts environment in South Carolina."
SECTION 36. Section 56-3-7300(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 deposited in a special account, separate and apart from the general fund, established within and administered by the Department of Natural Resources to manage and conserve the marine resources of the State."
SECTION 37. Section 56-3-7310 of the 1976 Code, as added by Act 398 of 2006, is amended to read:
"Section 56-3-7310. The Department of Motor Vehicles may issue 'Support Our Troops' special license plates to owners of private passenger motor vehicles 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 department to defray costs of production and distribution must be distributed to Support Our Troops, Inc."
SECTION 38. Section 56-3-7320 of the 1976 Code, as added by Act 398 of 2006, is amended to read:
"Section 56-3-7320. The Department of Motor Vehicles may issue 'Emergency Medical Service' special license plates to owners of private passenger motor vehicles 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 department to defray costs of production and distribution must be distributed to the South Carolina Emergency Medical Services Association."
SECTION 39. Section 56-3-7330(A) of the 1976 Code, as last amended by Act 272 of 2012, is further amended to read:
"(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 department 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."
SECTION 40. Section 56-3-7340 of the 1976 Code, as added by Act 398 of 2006, 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 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 department to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina."
SECTION 41. Section 56-3-7350 of the 1976 Code, as added by Act 398 of 2006, is amended to read:
"Section 56-3-7350. The Department of Motor Vehicles may issue 'South Carolina Peach Council' special license plates to owners of private passenger motor vehicles 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 seventy dollars. Any portion of the additional seventy-dollar fee not set aside by the Comptroller General department to defray costs of production and distribution must be distributed to the South Carolina Peach Council."
SECTION 42. 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. 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 twenty dollars. Any portion of the additional twenty-dollar fee not set aside by the Comptroller General department to defray costs of production and distribution must be distributed to the state general fund."
SECTION 43. Section 56-3-7370 of the 1976 Code, as added by Act 398 of 2006, is amended to read:
"Section 56-3-7370. The Department of Motor Vehicles may issue 'Cancer Research Centers of the Carolinas' special license plates to owners of private passenger motor vehicles 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 fifteen dollars. Any portion of the additional fifteen-dollar fee not set aside by the Comptroller General department to defray costs of production and distribution must be distributed to the Mary Crawley Medical Cancer Research Foundation to provide funding for the Cancer Research Centers of the Carolinas."
SECTION 44. Section 56-3-7780(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 45. Section 56-3-7800 of the 1976 Code, as added by Act 398 of 2006, is amended to read:
"Section 56-3-7800. The Department of Motor Vehicles may issue 'South Carolina Aquarium' special license plates to owners of private passenger motor vehicles 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 fifty dollars. Any portion of the additional fifty-dollar fee not set aside by the Comptroller General department to defray costs of production and distribution must be distributed to the South Carolina Aquarium."
SECTION 46. Section 56-3-7950(B) of the 1976 Code, as added by Act 287 of 2006, is amended to read:
"(B) Of the fees collected pursuant to this section, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the department in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to The Friends of Hunting Island State Park, Inc., for use on projects benefiting Hunting Island State Park."
SECTION 47. Section 56-3-8000(E) of the 1976 Code, as last amended by Act 398 of 2006, and (H), as last amended by Act 56 of 2013, is further amended to read:
"(E) Of the additional fee collected pursuant to subsections (A) and (D), the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the expenses of producing and administering special license plates.
(H) The Comptroller General department shall place the six thousand eight hundred dollar application fee pursuant to subsection (G)(1) into a restricted account to be used by the department to defray the initial cost of producing the special license plate."
SECTION 48. Section 56-3-8100(B) of the 1976 Code, as last amended by Act 56 of 2013, and (F), as added by Act 90 of 2007, is further amended to read:
"(B) The Comptroller General department shall place the six thousand eight hundred dollar application fee pursuant to subsection (A)(1) into a restricted account to be used by the department to defray the initial cost of producing the special license plate.
(F) Of the additional fee collected pursuant to subsections (D) and (E), the Comptroller General department 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."
SECTION 49. Section 56-3-8200(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:
"(A) The Department of Motor Vehicles may issue motor vehicle license plates to members of Rotary International for private passenger motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, and an additional special fee of fifty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen as a result of the license plate issuance to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General department shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the Department of Motor Vehicles in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION 50. Section 56-3-8300(A) of the 1976 Code, as last amended by Act 347 of 2008, is further amended to read:
"(A) The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Marine Corps League for private passenger motor vehicles and motorcycles registered in their names. The fee for this license plate is the fee set forth for special license plates in Section 56-3-8100. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General department to defray the costs of production and distribution must be distributed to the South Carolina Department of the Marine Corps League. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION 51. Section 56-3-8600(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the department to defray the its 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 Ducks Unlimited State Committee for wetlands conservation projects in South Carolina. Any remaining funds must be administered by the South Carolina Ducks Unlimited State Committee and deposited in an appropriate nonprofit account designated by the South Carolina Ducks Unlimited State Committee."
SECTION 52. Section 56-3-8710(C) of the 1976 Code, as last amended by Act 65 of 2009, is further amended to read:
"(C) From the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of producing the special license plates. The remaining funds must be distributed in the following manner:
(1) one-half deposited in a special account, separate and apart from the General Fund, designated the 'South Carolina Children's Emergency Shelter Fund' established within and administered for use by the Department of Social Services. The Department of Social Services shall distribute at least one-half of the funds from the special account to the South Carolina Association of Children's Homes and Family Services for the benefit of the South Carolina children's emergency shelters. Funds distributed to the South Carolina Association of Children's Homes and Family Services may be used only for providing donations to support the South Carolina children's emergency shelters. Funds received by the South Carolina Association of Children's Homes and Family Services pursuant to this section must be deposited in an appropriate nonprofit account designated by the South Carolina Association of Children's Homes and Family Services;
(2) one-fourth deposited in a special account, separate and apart from the General Fund, designated the 'South Carolina Sports Development Office Fund' established within and administered for use by the Department of Parks, Recreation and Tourism to promote the South Carolina Sports Development Office; and
(3) one-fourth deposited in a special account, separate and apart from the General Fund designated the 'NASCAR License Plate Highway Safety Fund' established within and administered for use by the Department of Public Safety to promote highway safety in conjunction with the Department of Transportation and NASCAR or a NASCAR driver or team."
SECTION 53. Section 56-3-9400(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 distributed to Save the Light, Inc., or another nonprofit fund designated by Save the Light, Inc., for the restoration and preservation of the Morris Island Lighthouse. Any remaining funds must be administered by Save the Light, Inc., used only for efforts to restore and preserve the Morris Island Lighthouse, and deposited in an appropriate nonprofit account designated by Save the Light, Inc."
SECTION 54. Section 56-3-9500(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 designated for use by the South Carolina National Guard for homeland security."
SECTION 55. Section 56-3-9600(B) of the 1976 Code, as last amended by Act 158 of 2005, is further amended to read:
"(B) Notwithstanding any other provision of law, of the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Department of Agriculture to support local animal spaying and neutering programs. The South Carolina Department of Agriculture may use up to ten percent of the fees deposited in the special account for the administration of the program. Local private nonprofit tax exempt organizations offering animal spaying and neutering programs may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year."
SECTION 56. Section 56-3-9710(B) of the 1976 Code is amended to read:
"(B) Of the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the Department of Motor Vehicles in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to the Heritage Classic Foundation."
SECTION 57. Section 56-3-10010(B) of the 1976 Code, as added by Act 286 of 2006, is amended to read:
"(B) From the fees collected pursuant to this article, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the department to defray the expenses associated with producing and administering the distribution of the license plate. The remaining funds collected from the special motor vehicle license fee shall be distributed to the South Carolina Parrot Head Club Council, which shall only use the funds to support the Palmetto Chapter of the Alzheimer's Association and the Upstate South Carolina Chapter of the Alzheimer's Association."
SECTION 58. Section 56-3-10110(B) of the 1976 Code, as added by Act 297 of 2008, is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 59. Section 56-3-10210(B) of the 1976 Code, as added by Act 297 of 2008, is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 60. Section 56-3-10310(B) of the 1976 Code, as added by Act 297 of 2008, is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 61. Section 56-3-11450 of the 1976 Code, as added by Act 272 of 2012, is amended to read:
"Section 56-3-11450. 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 Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 62. Section 56-3-12610(B) of the 1976 Code, as added by Act 272 of 2012, is amended to read:
"(B) Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the department to defray the its 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."
SECTION 63. Section 56-3-13010(C) of the 1976 Code, as added by Act 272 of 2012, is amended to read:
"(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 Department of Motor Vehicles 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."
SECTION 64. Section 56-3-13310(B) of the 1976 Code, as added by Act 56 of 2013, is amended to read:
"(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General Department of Motor Vehicles shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles department to defray the its 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 plate fee must be distributed to the Motorcycle Awareness Alliance for the promotion of motorcycle safety, education and awareness programs and deposited into an appropriate nonprofit account designated by the Motorcycle Awareness Alliance."
SECTION 65. Section 56-3-13610(B) of the 1976 Code, as added by Act 202 of 2014, is amended to read:
"(B) The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100. Any portion of the fees collected pursuant to this article, not set aside by the Comptroller General Department of Motor Vehicles to defray the expenses associated with producing and administering the distribution of the license plate, must be distributed to Chabad of Charleston, Inc."
SECTION 66. Section 56-5-750(G)(3) of the 1976 Code is amended to read:
"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Motor Vehicles department to defray the its expenses of the Department of Motor Vehicles."
SECTION 67. Section 56-5-2930(F) and (G) of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:
"(F) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General Department of Motor Vehicles into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
(G) Two hundred dollars of the fine imposed pursuant to subsection (A)(3) must be placed by the Comptroller General into a special restricted account, established by the Comptroller General, to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory."
SECTION 68. Section 56-5-2933(F) and (G) of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:
"(F) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account, established by the Comptroller General, to be used by the Department of Public Safety for the Highway Patrol.
(G) Two hundred dollars of the fine imposed pursuant to subsections (A)(3) must be placed by the Comptroller General into a special restricted account, established by the Comptroller General, to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory."
SECTION 69. Section 56-5-2942(J) of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:
"(J) A fee of fifty dollars must be paid to the department for each motor vehicle that was suspended before any of the suspended registrations and license plates may be registered or before the motor vehicle may be released pursuant to subsection (F). This fee must be placed by the Comptroller General Department of Motor Vehicles into a special restricted interest bearing account to be used by the Department of Motor Vehicles department to defray the Department of Motor Vehicles' its expenses."
SECTION 70. 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.
SECTION 71. If any section, subsection, paragraph, 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 this act, the General Assembly hereby declaring that it would have passed this , and each and every section, subsection, 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 72. This act takes effect upon approval by the Governor.
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