H*3256(Rat #0100, Act #0065 of 2017)  General Bill, By Jefferson and Daning
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES
 140, 143, 141, AND 142 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE
 DEPARTMENT OF MOTOR VEHICLES MAY ISSUE PALMETTO CROSS SPECIAL LICENSE PLATES,
 POWERING THE PALMETTO STATE SPECIAL LICENSE PLATES, LEGION OF MERIT SPECIAL
 LICENSE PLATES, AND VIRGINIA TECH SPECIAL LICENSE PLATES, RESPECTIVELY; AND TO
 AMEND SECTION 56-3-8400, AS AMENDED, RELATING TO THE LIONS CLUB SPECIAL
 LICENSE PLATES, SO AS TO SPECIFY TO WHOM THE LICENSE PLATES MAY BE ISSUED. -
 ratified title

   12/15/16  House  Prefiled
   12/15/16  House  Referred to Committee on Education and Public Works
   01/10/17  House  Introduced and read first time (House Journal-page 133)
   01/10/17  House  Referred to Committee on Education and Public
                     Works (House Journal-page 133)
   01/11/17  House  Member(s) request name added as sponsor: Daning
                     (House Journal-page 43)
   03/02/17  House  Committee report: Favorable Education and Public
                     Works (House Journal-page 2)
   03/08/17  House  Read second time (House Journal-page 10)
   03/08/17  House  Read second time (House Journal-page 10)
   03/08/17  House  Roll call Yeas-95  Nays-0 (House Journal-page 10)
   03/09/17  House  Read third time and sent to Senate
                     (House Journal-page 8)
   03/09/17  Senate Introduced and read first time (Senate Journal-page 10)
   03/09/17  Senate Referred to Committee on Transportation
                     (Senate Journal-page 10)
   05/03/17  Senate Recalled from Committee on Transportation
                     (Senate Journal-page 7)
   05/09/17  Senate Amended (Senate Journal-page 42)
   05/09/17  Senate Read second time (Senate Journal-page 42)
   05/09/17  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 42)
   05/10/17  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 175)
   05/10/17  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 110)
   05/10/17  House  Roll call Yeas-102  Nays-0 (House Journal-page 110)
   05/15/17         Ratified R 100
   05/19/17         Signed By Governor
   05/26/17         Effective date 5/19/17
   05/31/17         Act No. 65

(A65, R100, H3256)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 140, 143, 141, AND 142 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE PALMETTO CROSS SPECIAL LICENSE PLATES, POWERING THE PALMETTO STATE SPECIAL LICENSE PLATES, LEGION OF MERIT SPECIAL LICENSE PLATES, AND VIRGINIA TECH SPECIAL LICENSE PLATES, RESPECTIVELY; AND TO AMEND SECTION 56-3-8400, AS AMENDED, RELATING TO THE LIONS CLUB SPECIAL LICENSE PLATES, SO AS TO SPECIFY TO WHOM THE LICENSE PLATES MAY BE ISSUED.

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

Palmetto Cross Special License Plate

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

Section 56-3-14010.    The department may issue no more than three permanent special motor vehicle license plates to a recipient of the Palmetto Cross Medal for use on his private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in his name. There is no fee for the issuance of up to two license plates, and not more than three license plates may be issued to a person. The fee for the third 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 dollars. The application for a special license plate must include proof that the applicant is a recipient of the Palmetto Cross Medal.

Section 56-3-14020.    (A)    The special license plates must be of the same size as regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive Palmetto Cross Medal insignia with numbers and designs determined by the Department of Motor Vehicles.

(B)    If a person who qualifies for the special license plate issued under this article also qualifies for the handicapped license plate issued pursuant to Section 56-3-1960(1), then the license plate issued pursuant to this section also shall include the distinguishing symbol used on license plates issued pursuant to Section 56-3-1960(1).

Section 56-3-14030.    A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the Department of Motor Vehicles. It is unlawful for any person to whom the special license plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department.

Section 56-3-14040.    The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to them. Any person violating the provisions of this article or any person who fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, conceals a material fact, or otherwise commits a fraud in any application or in the use of any special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."

Powering the Palmetto State Special License Plate

SECTION    2.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-14310.    (A)    The Department of Motor Vehicles may issue 'Powering the Palmetto State' 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. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. The Electric Cooperatives of South Carolina, Inc., shall submit to the department for its approval the proposed design it desires to be used for this special license plate honoring the work of South Carolina's electrical linemen.

(B)    Each special license plate must be of the same size and general design as regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.

(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."

Legion of Merit Special License Plate

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

Section 56-3-14110.    (A)    The department may issue a 'Legion of Merit' special motor vehicle license plate for use on a private passenger motor vehicle or motorcycle registered in this State in a person's name who is a recipient of the Legion of Merit award. An application for this special motor vehicle license plate must include official documentation showing that the applicant is a recipient of the Legion of Merit award.

(B)    The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The department shall imprint on the special license plates 'Legion of Merit' and the corresponding Legion of Merit medal.

(C)    A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for a person to whom the plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department.

(D)    The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. A person violating the provisions of this article or a person who (1) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (2) conceals a material fact, or (3) otherwise commits fraud in the application or in the use of a special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both."

Lions Club Special License Plate

SECTION    4.    Section 56-3-8400 of the 1976 Code, as last amended by Act 275 of 2016, is further amended to read:

"Section 56-3-8400.    (A)    The Department of Motor Vehicles may issue 'Lions Club' special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, and motorcycles, as defined in Section 56-3-20. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. 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.

(B)    Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:

(1)    four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2)    a plan to market the sale of the special license plate which must be approved by the department.

(C)    If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

Virginia Tech Special License Plate

SECTION    5.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-14210.    (A)    The Department of Motor Vehicles may issue 'Virginia Tech' 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. The fee for each special license plate is seventy dollars every two years, in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. Each license plate must be of the same size and general design as regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.

(B)    The fees collected in excess of the cost of producing the license plates must be distributed to the South Carolina Palmetto Chapter of Virginia Tech.

(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."

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2017.

Approved the 19th day of May, 2017.