South Carolina Legislature


 

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S*1417
Session 119 (2011-2012)


S*1417(Rat #0281, Act #0253 of 2012)  General Bill, By Land
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE
 108 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH
 CAROLINA TENNIS PATRONS FOUNDATION" SPECIAL LICENSE PLATES; TO AMEND SECTION
 56-3-2320, RELATING TO THE ISSUANCE OF MOTOR VEHICLE DEALER AND DEMONSTRATION
 LICENSE PLATES, SO AS TO PROVIDE THAT THE UNITED SERVICE ORGANIZATION SOUTH
 CAROLINA AND THE AMERICAN RED CROSS MAY BE ISSUED A LICENSE PLATE TO BE USED
 ON VEHICLES LOANED OR RENTED TO EITHER ENTITY FOR A FEE AND TO PROVIDE FOR THE
 DISTRIBUTION OF THE FEE; BY ADDING ARTICLE 109 TO CHAPTER 3, TITLE 56 SO AS TO
 PROVIDE FOR THE ISSUANCE OF "TREE MY DOG" SPECIAL LICENSE PLATES; BY ADDING
 ARTICLE 110 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF
 "UNITED STATES NAVY CHIEF PETTY OFFICER" SPECIAL LICENSE PLATES; TO AMEND
 SECTION 56-3-7360, AS AMENDED, RELATING TO THE ISSUANCE OF "KOREAN WAR
 VETERANS" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS SPECIAL LICENSE
 PLATE MAY BE ISSUED TO A VETERAN WHO SERVED ON ACTIVE DUTY DURING THE KOREAN
 WAR; TO AMEND SECTION 56-3-9910, AS AMENDED, RELATING TO "GOLD STAR FAMILY"
 SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE LICENSE PLATE SHALL CONTAIN
 LETTERS OR NUMBERS, OR BOTH REQUESTED BY THE APPLICANT; BY ADDING ARTICLE 111
 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "UNITED STATES
 MARINE CORPS" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8800, AS AMENDED,
 RELATING TO "WORLD WAR II VETERANS" SPECIAL LICENSE PLATES, SO AS TO PROVIDE
 THAT A PERSON WHO QUALIFIES TO OBTAIN THIS LICENSE PLATE AND A HANDICAPPED
 PLACARD SHALL HAVE ISSUED TO HIM THIS LICENSE PLATE WITH THE INTERNATIONAL
 SYMBOL OF ACCESS INCLUDED ON IT. - ratified title

   04/10/12  Senate Introduced and read first timeNext (Senate Journal-page 11)
   04/10/12  Senate Referred to Committee on Transportation
                     (Senate Journal-page 11)
   04/18/12  Senate Committee report: Favorable Transportation
                     (Senate Journal-page 15)
   04/19/12  Senate Read second PrevioustimeNext (Senate Journal-page 49)
   04/19/12  Senate Roll call Ayes-29  Nays-4 (Senate Journal-page 49)
   04/19/12         Scrivener's error corrected
   04/25/12  Senate Read third PrevioustimeNext and sent to House
                     (Senate Journal-page 24)
   04/26/12  House  Introduced and read first PrevioustimeNext (House Journal-page 24)
   04/26/12  House  Referred to Committee on Education and Public
                     Works (House Journal-page 24)
   05/24/12  House  Recalled from Committee on Education and Public
                     Works (House Journal-page 98)
   05/30/12  House  Debate adjourned until Thur., 05-31-12
                     (House Journal-page 118)
   05/31/12  House  Amended (House Journal-page 43)
   05/31/12  House  Read second PrevioustimeNext (House Journal-page 43)
   05/31/12  House  Roll call Yeas-87  Nays-11 (House Journal-page 49)
   05/31/12  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 50)
   06/01/12  House  Read third PrevioustimeNext and returned to Senate with
                     amendments (House Journal-page 2)
   06/01/12         Scrivener's error corrected
   06/06/12  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 100)
   06/06/12  Senate Roll call Ayes-38  Nays-2 (Senate Journal-page 100)
   06/12/12         Ratified R 281
   06/18/12         Signed By Governor
   06/25/12         Effective date 06/18/12
   06/27/12         Act No. 253





S. 1417

(A253, R281, S1417)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 108 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA TENNIS PATRONS FOUNDATION" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-2320, RELATING TO THE ISSUANCE OF MOTOR VEHICLE DEALER AND DEMONSTRATION LICENSE PLATES, SO AS TO PROVIDE THAT THE UNITED SERVICE ORGANIZATION SOUTH CAROLINA AND THE AMERICAN RED CROSS MAY BE ISSUED A LICENSE PLATE TO BE USED ON VEHICLES LOANED OR RENTED TO EITHER ENTITY FOR A FEE AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEE; BY ADDING ARTICLE 109 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "TREE MY DOG" SPECIAL LICENSE PLATES; BY ADDING ARTICLE 110 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "UNITED STATES NAVY CHIEF PETTY OFFICER" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-7360, AS AMENDED, RELATING TO THE ISSUANCE OF "KOREAN WAR VETERANS" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS SPECIAL LICENSE PLATE MAY BE ISSUED TO A VETERAN WHO SERVED ON ACTIVE DUTY DURING THE KOREAN WAR; TO AMEND SECTION 56-3-9910, AS AMENDED, RELATING TO "GOLD STAR FAMILY" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE LICENSE PLATE SHALL CONTAIN LETTERS OR NUMBERS, OR BOTH, REQUESTED BY THE APPLICANT; BY ADDING ARTICLE 111 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "UNITED STATES MARINE CORPS" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8800, AS AMENDED, RELATING TO "WORLD WAR II VETERANS" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PERSON WHO QUALIFIES TO OBTAIN THIS LICENSE PLATE AND A HANDICAPPED PLACARD SHALL HAVE ISSUED TO HIM THIS LICENSE PLATE WITH THE INTERNATIONAL SYMBOL OF ACCESS INCLUDED ON IT.

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

South Carolina Tennis Patrons Foundation Special License Plates

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

"Article 108

South Carolina Tennis Patrons Foundation Special License Plates

Section 56-3-10810.(A)        The Department of Motor Vehicles may issue 'Play Tennis' special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles registered in their names which shall have imprinted on them an emblem, seal, symbol, or wording relating to the South Carolina Tennis Patrons Foundation. The South Carolina Tennis Patrons Foundation shall submit to the department for its approval the emblem, seal, symbol, or wording it desires to be used for this special license plate. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B)    The fees collected pursuant to this section above the cost of the regular motor vehicle registration fee must be distributed to the South Carolina Tennis Patrons Foundation and must be used to fund kids-at-risk programs throughout the State, need-based grants for junior tennis players, and academic scholarships for high school seniors.

(C)    The guidelines for the production of a special license plate pursuant to this section must meet the requirements of Section 56-3-8100."

Motor Vehicle Dealers' License Plates

SECTION    2.    Section 56-3-2320(A) of the 1976 Code is amended to read:

"(A)    Upon application being made and the required fee being paid to the Department of Motor Vehicles, the department may issue 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 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 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. 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. No dealer plates may 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, Title 12 and has made at least twenty sales of 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 a motor vehicle between the same individual or corporation more than one PrevioustimeNext is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited.

A dealer may be issued two plates for the first twenty vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the 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.

The cost of each dealer plate issued is twenty dollars.

Upon application to the department, a public or private school, college, or university, the United Service Organization South Carolina, the American Red Cross, or an economic development entity created or sanctioned by the county where the entity is located, may be issued a license plate to be used on vehicles loaned or rented to the school, college, university, the United Service Organization South Carolina, the American Red Cross, or economic development entity by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, university, chapter of the United Service Organization South Carolina, chapter of the American Red Cross, or economic development entity is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued, except in the case of an economic development entity where only one plate per entity is allowed.

A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department.

Notwithstanding the provisions of this section, a dealer exclusively selling heavy duty trucks at retail is eligible to obtain license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater."

Tree My Dog Special License Plate

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

"Article 109

'Tree My Dog' Special License Plates

Section 56-3-10910.(A)        The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names which must have imprinted on the plate 'Tree My Dog'. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B)    The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100. The fees collected pursuant to this section above the cost of producing the license plates must be distributed to the South Carolina State Coon Hunters Association Youth Fund."

United States Navy Chief Petty Officer Special License Plates

SECTION    4.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 110

United States Navy Chief Petty Officer Special License Plates

Section 56-3-11010.(A)        The Department of Motor Vehicles may issue 'United States Navy Chief Petty Officer' special license plates to owners of private passenger carrying motor vehicles as defined in Section 56-3-630, and motorcycles as defined in Section 56-3-20, registered in their names who are active or retired United States Navy Chief Petty Officers. The applicant must present the department with a DD214 or other official documentation that states that he is an active or retired United States Navy Chief Petty Officer. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.

(B)    The fees collected pursuant to this section above the cost of production must be distributed to the Patriots Point Foundation.

(C)    The guidelines for the production, collection, and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100."

Korean War Veterans Special License Plates

SECTION    5.    Section 56-3-7360 of the 1976 Code, as last amended by Act 347 of 2008, 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 to defray costs of production and distribution must be distributed to the state general fund."

Gold Star Family Special License Plates

SECTION    6.    Section 56-3-9910(A) of the 1976 Code, as last amended by Act 79 of 2009, is further amended to read:

"(A)    The Department of Motor Vehicles may issue 'Gold Star Family' special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, registered in the names of members of the immediate family of United States armed forces killed in action. There is no fee for this special license 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 South Carolina Chapter of American Gold Star Mothers, Inc. or other similar organization operating in this State, and contain letters or numbers, or both, requested by the applicant."

United States Marine Corps Special License Plates

SECTION    7.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 111

United States Marine Corps Special License Plates

Section 56-3-11110.(A)        The department may issue special license plates for use on private passenger motor vehicles and motorcycles owned or leased by residents of this State which honor the United States Marines Corps. The biennial fee for the special license plate is the regular motor vehicle license plate fee contained in Article 5, Chapter 3 of this title plus thirty dollars.

(B)    The fees collected pursuant to this section above the cost of production must be distributed to the Moss Creek Marines, a 501(C)(3) organization.

(C)    The guidelines for the production, collection, and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100."

World War II Veterans Special License Plates

SECTION    8.    Section 56-3-8800 of the 1976 Code, as last amended by Act 347 of 2008, is further amended to read:

"Section 56-3-8800.    (A)    Notwithstanding another provision of law, the department may issue special motor vehicle license plates to World War II veterans or their spouses for private passenger motor vehicles and motorcycles registered in their names. The fee for the issuance of this special motor vehicle license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title.

(B)    If a person who qualifies for the special license plate issued under this section also qualifies for the handicapped placard issued pursuant to Section 56-3-1960, then the license plate issued pursuant to this section also shall include the international symbol of access used on placards issued pursuant to Section 56-3-1960. Until the department determines that the license plate shall be redesigned to include the international symbol of access, the department shall develop a decal using the international symbol of access to be placed on the license plate which shall be issued to all persons who request the license plate authorized by this section, including persons for whom license plates were issued pursuant to this section on or before the effective date of this subsection."

PreviousTime effective

SECTION    9.    This act takes effect upon approval by the Governor.

Ratified the 12th day of June, 2012.

Approved the 18th day of June, 2012.

__________




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