South Carolina General Assembly
117th Session, 2007-2008

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H. 4145

STATUS INFORMATION

General Bill
Sponsors: Reps. G. Brown, Alexander and Battle
Document Path: l:\council\bills\swb\5316cm07.doc
Companion/Similar bill(s): 605, 645, 3982

Introduced in the House on May 24, 2007
Currently residing in the House Committee on Education and Public Works

Summary: Special license plate

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   5/24/2007  House   Introduced and read first time HJ-19
   5/24/2007  House   Referred to Committee on Education and Public Works HJ-20

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/24/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTIONS 56-3-3800, 56-3-4100, 56-3-4310, 56-3-4410, 56-3-4800, 56-3-5400, AS AMENDED, 56-3-6000, 56-3-7100, 56-3-7360, 56-3-7780, AS AMENDED, 56-3-7860, 56-3-8000, AS AMENDED, 56-3-8300, AS AMENDED, 56-3-8800, AS AMENDED, 56-3-9300, AND 56-3-9500, RELATING TO THE ISSUANCE OF AMERICAN LEGION SPECIAL LICENSE PLATES, SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES, RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL LICENSE PLATES, SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES, FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES, SHRINERS SPECIAL LICENSE PLATES, KOREAN WAR VETERANS SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, WORLD WAR II VETERANS SPECIAL LICENSE PLATES, UNITED WE STAND SPECIAL LICENSE PLATES, AND GOD BLESS AMERICA SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THESE LICENSE PLATES TO OWNERS OF MOTORCYCLES REGISTERED IN THEIR NAMES.

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

SECTION    1.    Section 56-3-3800(A) of the 1976 Code is 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 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 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    2.    Section 56-3-4100(A) of the 1976 Code is amended to read:

"(A)    The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names which shall have imprinted on the plate the words 'South Carolina Elks Association'. The fee for this special license plate is the regular motor vehicle license fee set forth in Article 5 and the special fee required by Section 56-3-2020. 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."

SECTION    3.    Section 56-3-4310(A) of the 1976 Code is amended to read:

"(A)    The Department of Motor Vehicles shall issue a special motor vehicle license plate for use on a private passenger motor vehicle vehicles and motorcycles owned by any retired member of the United States Armed Forces who is a resident of this State in accordance with the provisions of this section."

SECTION    4.    Section 56-3-4410(A) of the 1976 Code is amended to read:

"(A)    The Department of Motor Vehicles may issue 'Share the Road' special motor vehicle license plates to owners of private passenger-carrying motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol of the Palmetto Cycling Coalition, Inc. The Palmetto Cycling Coalition, Inc., shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. The Palmetto Cycling Coalition, Inc., may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license 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."

SECTION    5.    Section 56-3-4800(A) of the 1976 Code, as added by Act 21 of 2005, is amended to read:

"(A)    The department may issue Sons of Confederate Veterans special license plates to owners of private passenger-carrying motor vehicles and motorcycles registered in their names. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. 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."

SECTION    6.    Section 56-3-5400(A) of the 1976 Code, as amended by Act 398 of 2006, is amended to read:

"(A)    The department may issue 'Fraternal Order of Police' special license plates to owners of private passenger motor vehicles and motorcycles registered in their names who are active members in good standing with the Fraternal Order of Police. Identification of current membership must be presented at the time of initial application. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. 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. A person issued a special license plate pursuant to this section who is not or who ceases to be a member of the Fraternal Order of Police must remove the license plate from his vehicle on the date the license plate registration is due for renewal and obtain another valid license plate. A person who knowingly fails to surrender his license plate pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined one hundred dollars or sentenced to thirty days in jail, or both."

SECTION    7.    Section 56-3-6000(A) of the 1976 Code, as added by Act 158 of 2005, is amended to read:

"(A)    The department may issue special license plates for use on a private passenger motor vehicle vehicles and motorcycles owned or leased by residents of this State which separately honor the United States Army, United States Navy, United States Marines Corps, United States Air Force, and the United States Coast Guard. 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."

SECTION    8.    Section 56-3-7100 of the 1976 Code is amended to read:

"Section 56-3-7100.    The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Shriners for private motor vehicles and motorcycles 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    9.    Section 56-3-7360 of the 1976 Code, as added by Act 398 of 2006, is 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 in Korea 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 in Korea 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."

SECTION    10.    Section 56-3-7780(A) of the 1976 Code, as last amended by Act 158 of 2005, is further amended to read:

"(A)    The department may issue 'Vietnam Veterans' special motor vehicle license plates to owners of private passenger-carrying motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names who are Vietnam War Veterans who served on active duty in Vietnam at anytime during the period of February 28, 1961, to May 7, 1975. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he was awarded the Vietnam Service Medal or that he served on active duty in Vietnam, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors Vietnam War Veterans. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license 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 twenty dollars."

SECTION    11.    Section 56-3-7860 of the 1976 Code is amended to read:

"Section 56-3-7860.    The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Shriners for private motor vehicles and motorcycles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration 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 deposited with the Department of Motor Vehicles. The department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly every five years."

SECTION    12.    Section 56-3-8000(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 special motor vehicle license plates to owners of private passenger motor vehicles and motorcycles 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 either Section 501(C)(3), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee 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 to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."

SECTION    13.    Section 56-3-8300(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 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 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    14.    Section 56-3-8800 of the 1976 Code, as last amended by Act 158 of 2005, is further amended to read:

"Section 56-3-8800.    Notwithstanding another provision of law, the department may issue special motor vehicle license plates to World War II veterans or their spouses for private motor vehicles and motorcycles registered in their names. The fee for the issuance of this special motor vehicle license plate is twenty dollars biennially, which must be distributed to the State Department of Education and used to support and promote ROTC programs in the state's public schools. This twenty dollar fee shall be in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title."

SECTION    15.    Section 56-3-9300(A) of the 1976 Code is amended to read:

"(A)    The Department of Motor Vehicles may issue 'United We Stand' special motor vehicle license plates to owners of private passenger-carrying motor vehicles and motorcycles registered in their names. The fee for each special license plate is twenty-five dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. 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."

SECTION    16.    Section 56-3-9500(A) of the 1976 Code is amended to read:

"(A)    The Department of Motor Vehicles may issue 'God Bless America' special motor vehicle license plates to owners of private passenger-carrying motor vehicles, or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less, and motorcycles registered in their names. The special license plates must bear the words 'God Bless America', the United States Flag, and the silhouette of the State of South Carolina. Before this special license plate is produced, the department must receive written authorization for the use of any copyrighted words, registered logos, trademarks, or designs that appear on this license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of sixteen dollars."

SECTION    17.    This act takes effect upon approval by the Governor.

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