South Carolina General Assembly
113th Session, 1999-2000

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Bill 150


Indicates Matter Stricken
Indicates New Matter


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Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

February 18, 1999

S. 150

Introduced by Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese

S. Printed 2/18/99--S.

Read the first time January 12, 1999.

A BILL

TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.

Amend Title To Conform

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

SECTION 1. Section 56-3-1815 of the 1976 Code is amended to read:

"Section 56-3-1815. The department may issue a special motor vehicle license plates plate to a retired members member of the South Carolina National Guard, if the applicant for a special license plate is certified as a retired member of the National Guard by the Adjutant General and may issue a special motor vehicle license plate to a member of the South Carolina State Guard who is a resident of the State for a private passenger motor vehicle owned by a member or a retiree."

SECTION 2. Section 56-3-1820 of the 1976 Code, as last amended by Act 425 of 1996, 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 on a decal to be affixed upon the top of the license plate 'Air National Guard', 'Army National Guard', 'National Guard Retired', or 'State 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 or letters, or both, as determined by the department permanently imprinted on the license plate. The biennial fee for the special license plates plate is 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 3. Section 56-3-1830 of the 1976 Code is amended to read:

"Section 56-3-1830. License plates 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 therefor and approved by the department. It is unlawful for any person to whom the plates have been issued to knowingly permit them to be displayed on any vehicle except the one authorized by the department. If a holder of a special license plates plate ceases to be an active member of the National Guard or the State Guard, he shall immediately shall return the plates to the department."

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

"Article 78

License Plates on Behalf of the H. L. Hunley Submarine

Section 56-3-7910. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle 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.

(B) The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution shall be based on the total number of special license plates sold as follows:

(1) one thousand or less total special license plates sold: fifty-two dollars to the department and forty-eight dollars to the Hunley Commission for each special license plate sold;

(2) more than one thousand and less than two thousand total special license plates sold: forty-two dollars to the department and fifty-eight dollars to the Hunley Commission for each special license plate sold;

(3) two thousand or more total special license plates sold: thirty dollars to the department and seventy dollars to the Hunley Commission for each special license plate sold.

(C) The department shall reserve the first twelve license plates for use by the Hunley Commission."

SECTION 5. Section 56-3-620 of the 1976 Code of Laws, as amended, is further amended to read:

"(A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty dollars.

(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty-four dollars.

(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five six thousand pounds or less is thirty dollars.

(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle, excluding trucks, is twenty-two dollars.

(E) Applicable truck fees, established by Section 56-3-660, are not negated by this section."

SECTION 6. Section 56-3-630, of the 1976 Code, is amended to read:

"56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of five six thousand pounds or less and a gross weight of eight nine thousand pounds or less. This section does not relieve or negate any applicable fees required under Section 56-3-660."

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

"Article 81

Nonprofit Organization License Plates

Section 56-3-8000. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to Section 501(C)(3) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.

The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B) Before the department produces and distributes a plate authorized under this section, it must receive:

(1) three hundred or more 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;

(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 plate authorized under this section, it shall not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.

(D) Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.

(E) License plates issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization.

(F) Notwithstanding any other provision of law, all funds collected pursuant to this section must be deposited into an account in the Office of the Treasurer and called the 'Special License Plate Fund'. Monies credited to the fund may only be expended to defray the costs of this section.

(G) The department may alter, modify, or refuse to produce any special license plate that it deems offensive or fails to meet community standards."

SECTION 8. The first paragraph of Section 56-3-1910 of the 1976 Code is amended to read:

"Upon payment of the regular motor vehicle license fee, the department may issue a license tag with a special number or identification indicating that the tag was issued to a person (a) disabled by an impairment in the use of one or more limbs and required to use a wheelchair or (b) disabled by an impairment in mobility, but otherwise qualified for a driver's license as determined by the department. The department must also issue a special motorcycle license tag to an individual who meets the requirements of this Section. Each application for the license must be accompanied by the certificate of a licensed physician as defined in Section 40-47-5 as to the permanency of limb impairment or as to the severity or the permanency of mobility impairment."

SECTION 9. Sections 56-3-4710, 56-3-4720, 56-3-4730, and 56-3-4740 of the 1976 Code are repealed.

SECTION 10. This act takes effect upon approval by the Governor.

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