Current Status Bill Number:378 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950117 Primary Sponsor:Setzler All Sponsors:Setzler Drafted Document Number:dka\3575cm.95 Residing Body:Senate Current Committee:Transportation Committee 15 ST Date of Last Amendment:19960516 Subject:Shriners license plates
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960530 Recommitted to Committee 15 ST
House 19960523 Read third time, returned to Senate
with amendment
House 19960523 Objection withdrawn by Representative Sandifer
House 19960523 Objection withdrawn by Representative Robinson
House 19960523 Objection withdrawn by Representative Quinn
House 19960522 Objection withdrawn by Representative Tucker
House 19960516 Read second time
House 19960516 Objection by Representative Quinn
Kirsh
Seithel
Marchbanks
S. Whipper
Robinson
Hallman
Sandifer
Walker
Knotts
Tucker
House 19960516 Amended
House 19960514 Committee report: Favorable with 21 HEPW
amendment
House 19950328 Introduced, read first time, 21 HEPW
referred to Committee
Senate 19950323 Read third time, sent to House
Senate 19950322 Amended, read second time
Senate 19950316 Committee report: Favorable with 15 ST
amendment
Senate 19950117 Introduced, read first time, 15 ST
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 16, 1996
S. 378
S. Printed 5/16/96--H.
Read the first time March 28, 1995.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-2155. The department may issue special motor vehicle license plates to members of the Charleston County and Georgetown County Pilotage Commissions for private motor vehicles registered in their names. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020. Only one plate may be issued to a member of the commission. The plate must be issued or revalidated biennially for the regular license period."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-3-2340. (A) Upon application being made and the required fee being paid to the department, the department may issue antique dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the antique motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Antique dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. Antique dealer plates may not be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least five sales of antique motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of an antique motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of antique motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for antique motor vehicle dealer plates is prohibited.
(B) For good cause shown, the department may issue extra plates. If a dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.
(C) The cost of each plate is twenty dollars.
(D) For purposes of this section, `antique motor vehicle' means a motor vehicle which is over thirty years old."
SECTION 3. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-3210. The department may issue special motor vehicle license plates to members of regional tourism commissions for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.
Section 56-3-3220. The special license plate must be the same size as regular motor vehicle license plates but must be of a distinctive design and bear the letters and numbers the department prescribes. The plate must be issued or revalidated biennially for the regular license period."
SECTION 4. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-6920. The department may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.
Section 56-3-6930. The special license plate must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the Marine Corps League seal, the words `Once a Marine, Always a Marine', and numbers the department may determine necessary."
SECTION 5. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7000. The department may issue a special motor vehicle license plate to a County Veterans Affairs Officer for a private motor vehicle registered in his name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.
Section 56-3-7010. The special plates must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words `County Veterans Affairs Officer' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."
SECTION 6. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7100. The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner."
SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7200. The department may issue a special motor vehicle license plate to a member of the United States Coast Guard Auxiliary for a private motor vehicle registered in the member's name. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.
Section 56-3-7210. The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words `United States Coast Guard Auxiliary' together with numbers the department may determine necessary."
SECTION 8. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7300. The department may issue a special motor vehicle license plate to a Special Purpose District Commissioner for a private motor vehicle registered in the commissioner's name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.
Section 56-3-7310. The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words `Special Purpose District Commissioner' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."
SECTION 9. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Vietnam Veterans
Section 56-3-7500. The department may issue special motor vehicle license plates to Vietnam Veterans for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, plus an initial fee of fifteen dollars must be charged for issuance of the special license plate.
Section 56-3-7510. The special license plate must be the same size as regular motor vehicle license plates but must be of a distinctive design and bear the words `Vietnam Veteran'. The plate must be issued or revalidated biennially for the regular license period. To verify military service during the Vietnam Conflict, a license plate applicant must submit a copy of his DD-214 form with his license plate application."
SECTION 10. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7610. The department may issue a special commemorative motor vehicle license plate commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle fee prescribed by Article 5 of this chapter. This license plate must be the same size and general design of regular motor vehicle license plates."
SECTION 11. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7650. The department shall issue a special motor vehicle license plate to identify intrastate unmanufactured forest product haulers. A one-time fee for the issuance of this special plate is thirty dollars."
SECTION 12. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7750. The department may issue special motor vehicle license plates to organ transplant recipients for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, plus an initial fee of two dollars must be charged for issuance of the special license plate.
Section 56-3-7760. The special license plate must be the same size as regular motor vehicle license plates, but must be of a distinctive design and bear the words `Organ Transplant Recipient'. The plate must be issued or revalidated biennially for the regular license period. An organ transplant recipient must submit a doctor's statement verifying his condition with his license plate application."
SECTION 13. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7850. The department may issue special Girl Scout motor vehicle license plates which have imprinted on the plates an emblem, seal, or other symbol approved by the Girl Scouts of the United States of America and the department. The fee for this special license plate is thirty dollars every two years. The special license plate must be the same size and general design of regular motor vehicles license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION 14. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.
(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess o f these maximum limits:
(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. `Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(D) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-153 0 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed li mits.
(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or h ighway conditions.
(d) Any(F) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty -five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor mo re than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e)(G) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f)(H) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."
SECTION 15. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:
"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.
(B) A `highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.
(C) The penalty imposed by this section applies only:
(1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY `WORK ZONE - NO SPEEDING - TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMP RISONMENT FOR SPEEDI NG'";
(2) to the area between the posted sign and the `END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.
(D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed li mit."
SECTION 16. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:
"(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
SECTION 17. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
SECTION 18. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
SECTION 19. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."
SECTION 20. Section 56-5-1510 of the 1976 Code is repealed.
SECTION 21. Section 56-3-1240 of the 1976 Code, as last amended by Act 46 of 1991, is further amended to read:
"Section 56-3-1240. (A) License plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view., except that However, on truck tractors and road tractors, the plates must be attached to the outside front of the vehicle. Every A license plate, at all times, must be fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. The bottom of the plate must be at a height of not less than twelve inches from the ground in a place and position clearly visible as provided in Section 56-5-4530, and it must be maintained free from foreign materials and in a clearly legible condition. No other license plate, lighting equipment, except as permitted in Section 56-5-4530, tag, sign, monogram, tinted cover, or inscription of metal or other material may be displayed above, around, or upon the plate other than that which is authorized and issued by the department for the purpose of validating the plate. It is not unlawful to place a decal on the license plate if it does not obscure any letters or numbers. A motor vehicle owner may attach a trailer hitch to a motor vehicle provided the hitch does not obscure more than two inches of the license plate issued to the motor vehicle. It is unlawful to operate or drive a motor vehicle with the license plate missing and a person who is convicted for violating this section must be punished as provided by Section 56-3-2520.
(B) A person may not attach a non-current license plate issued by this State or another state to the outside front of a vehicle, unless the vehicle is classified by the department as an antique pursuant to Section 56-3-2210.
(C) A person who violates a provision of this section, upon convictions must be punished pursuant to Section 56-3-2520."
SECTION 22. Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted `National Guard' and the figure of the `Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."
SECTION 23. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."
SECTION 24. Section 56-3-2170 of the 1976 Code is amended to read:
"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."
SECTION 25. Section 56-3-3310 of the 1976 Code, as last amended by Section 22JJ, Part II, Act 164 of 1993, and Section 1392, Act 181 of 1993, is further amended to read:
"Section 56-3-3310. The department may issue a special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020 No fee must be charged for the issuance or renewal of this special license plate which must be a permanent plate unless otherwise provided by the General Assembly, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."
SECTION 26. Section 56-3-3320 of the 1976 Code, as last amended by Section 22KK, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-3320. The special license plates must be of the same size as regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive Purple Heart insignia with numbers and designs determined by the department. The license plate must be issued for a biennial period which expires twenty-four months from the month in which the special license plate is issued."
SECTION 27. Section 56-3-4310 of the 1976 Code, as last amended by Section 1394, Act 181 of 1993, is further amended to read:
"Section 56-3-4310. (A) The department shall issue a special motor vehicle license plate to any retired member of the United States Armed Forces or the member's spouse who is a resident of this State in accordance with the provisions of this section.
(B) The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any a person for each vehicle owned by that person or that person's spouse, up to a maximum of two vehicles. The revenue from the issuance of plates under this article must be deposited in the manner provided under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department.
(C) Any A person or the person's spouse is authorized to use the special license plates provided by this section if he the person or the person's spouse provides evidence that he the person or the person's spouse is a retired member of the United States Armed Forces."
SECTION 28. This act takes effect upon approval by the Governor.