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COMMITTEE REPORT
May 15, 2008
S. 605
S. Printed 5/19/08--H. [SEC 5/20/08 3:27 PM]
Read the first time March 25, 2008.
To whom was referred a Bill (S. 605) to amend Section 56-3-1240, Code of Laws of South Carolina, 1976, relating to the display of a motor vehicle license plate, so as to provide that if, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. 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 __. Section 56-3-8000 of the 1976 Code, as last amended by Act 398 of 2006, is further amended by adding at the end:
"(G) For each new classification of special vehicle license plate, including, but not limited to, motorcycle license plates, created pursuant to this section must meet the requirements of Title 56, Chapter 3, Articles 81 and 82 as appropriate."
SECTION __. Section 56-3-8100 of the 1976 Code, as last amended by Act 90 of 2007, is further amended by adding at the end:
"(G) For each new classification of special vehicle license plate, including, but not limited to, motorcycle license plates, created pursuant to this section must meet the requirements of Title 56, Chapter 3, Articles 81 and 82 as appropriate."
SECTION __. 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."/
Renumber sections to conform.
Amend title to conform.
ROBERT E. WALKER for Committee.
TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-3-1240 of the 1976 Code is amended to read:
"Section 56-3-1240. License plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view, except that on truck tractors and road tractors the plates must be attached to the outside front of the vehicle. Every 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. However, if a motorcycle is equipped with vertically mounted license plate brackets, its license plate must be mounted vertically with its top fastened along the right vertical edge. 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 of Motor Vehicles 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."
SECTION 2. This act takes effect upon approval by the Governor.
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