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A398, R451, S613
STATUS INFORMATION
General Bill
Sponsors: Senators Fair and Hutto
Document Path: l:\council\bills\swb\6398cm05.doc
Introduced in the Senate on March 10, 2005
Introduced in the House on April 27, 2005
Last Amended on June 14, 2006
Passed by the General Assembly on June 14, 2006
Governor's Action: September 7, 2006, Signed
Summary: Nonprofit organization special license plates
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/10/2005 Senate Introduced and read first time SJ-5
3/10/2005 Senate Referred to Committee on Transportation SJ-5
4/18/2005 Senate Committee report: Favorable with amendment
Transportation SJ-28
4/19/2005 Scrivener's error corrected
4/25/2005 Senate Amended SJ-24
4/25/2005 Senate Read second time SJ-24
4/26/2005 Senate Read third time and sent to House SJ-11
4/26/2005 Scrivener's error corrected
4/27/2005 House Introduced and read first time HJ-7
4/27/2005 House Referred to Committee on Education and Public Works HJ-7
5/16/2006 House Committee report: Favorable with amendment Education and
Public Works HJ-19
5/17/2006 Scrivener's error corrected
5/18/2006 House Debate adjourned until Tuesday, May 23, 2006 HJ-54
5/23/2006 House Amended HJ-18
5/23/2006 House Requests for debate-Rep(s). Loftis, Rice, Hiott,
Skelton, Norman, and Stewart HJ-18
5/25/2006 House Amended HJ-49
5/25/2006 House Read second time HJ-55
5/25/2006 House Roll call Yeas-101 Nays-0 HJ-55
5/25/2006 House Unanimous consent for third reading on next legislative
day HJ-104
5/26/2006 House Read third time and returned to Senate with amendments
HJ-2
5/26/2006 Scrivener's error corrected
5/31/2006 Senate House amendment amended SJ-21
5/31/2006 Senate Returned to House with amendments SJ-21
6/1/2006 House Non-concurrence in Senate amendment HJ-8
6/1/2006 Senate Senate insists upon amendment and conference committee
appointed Fair, Hutto, and Grooms SJ-60
6/1/2006 House Conference committee appointed Reps. JM Neal, Pinson,
and Miller HJ-62
6/14/2006 House Free conference powers granted HJ-166
6/14/2006 House Free conference committee appointed Reps. JM Neal,
Miller, and Pinson HJ-170
6/14/2006 House Free conference report received and adopted HJ-170
6/14/2006 Senate Free conference powers granted SJ-172
6/14/2006 Senate Free conference committee appointed Fair, Hutto, and
Grooms SJ-172
6/14/2006 Senate Free conference report adopted SJ-174
6/14/2006 House Ordered enrolled for ratification HJ-242
6/14/2006 Ratified R 451
6/29/2006 Scrivener's error corrected
7/12/2006 Scrivener's error corrected
9/7/2006 Signed By Governor
9/14/2006 Copies available
9/14/2006 Effective date 09/07/06
9/14/2006 Act No. 398
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/10/2005
3/21/2005
4/18/2005
4/19/2005
4/25/2005
4/26/2005
5/16/2006
5/17/2006
5/23/2006
5/25/2006
5/26/2006
5/31/2006
6/14/2006
(A398, R451, S613)
AN ACT TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE TYPE OF VEHICLES THAT ARE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES; TO AMEND SECTION 56-3-8000, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8100, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO REVISE THE PRODUCTION AND DISTRIBUTION PROCEDURE; TO AMEND SECTION 56-3-8200, RELATING TO THE ISSUANCE OF "ROTARY INTERNATIONAL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8300, RELATING TO THE ISSUANCE OF "MARINE CORPS LEAGUE" SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE AND ITS DISTRIBUTION; TO AMEND SECTION 56-3-5400, RELATING TO THE ISSUANCE OF "FRATERNAL ORDER OF POLICE" SPECIAL LICENSE PLATES, SO AS TO SPECIFY WHICH INDIVIDUALS MAY OBTAIN AND DISPLAY THIS SPECIAL LICENSE PLATE AND TO PROVIDE A PENALTY; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 57, 59, 63, 64, 65, 66, 67, 68, 69, AND 75, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "UNITED STATES NAVAL ACADEMY" SPECIAL LICENSE PLATES, "UNITED STATES AIR FORCE ACADEMY" SPECIAL LICENSE PLATES, "SUPPORT OUR TROOPS SPECIAL LICENSE PLATES, "EMERGENCY MEDICAL SERVICE" SPECIAL LICENSE PLATES, "BOY SCOUTS OF AMERICA" SPECIAL LICENSE PLATES, "NATIVE AMERICAN" SPECIAL LICENSE PLATES, "SOUTH CAROLINA PEACH COUNCIL" SPECIAL LICENSE PLATES, "KOREAN WAR VETERANS" SPECIAL LICENSE PLATES, "CANCER RESEARCH CENTERS OF THE CAROLINAS" SPECIAL LICENSE PLATES, AND "SOUTH CAROLINA AQUARIUM" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO THE DEFINITION OF A FARM TRUCK, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 56-3-1110, RELATING TO WARTIME DISABLED VETERAN LICENSE PLATES, SO AS TO REVISE THE CRITERIA FOR THEIR ISSUANCE; AND BY ADDING ARTICLE 98 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "GOLD STAR FAMILY" SPECIAL LICENSE PLATES.
Be it enacted by the General Assembly of the State of South Carolina:
Private passenger motor vehicles
SECTION 1. Section 56-3-630 of the 1976 Code is amended to read:
"Section 56-3-630. The Department of Motor Vehicles shall classify as a private passenger motor vehicle every motor vehicle which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of nine thousand pounds or less and a gross weight of eleven thousand pounds or less, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle. The department shall classify a three-wheel vehicle by the manufacturers statement of origin for the vehicles initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660."
Special motor vehicle license plates
SECTION 2. Section 56-3-8000 of the 1976 Code, as last amended by Act 194 of 2002, is further amended to read:
"Section 56-3-8000. (A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles 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.
(B) Before the department produces and distributes a plate pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or four thousand dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the special license plate which must be approved by the department. If the individual or organization seeking issuance of the plate submits four thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate.
(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) 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.
(E) Before a design is approved, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design.
(F) The department may alter, modify, or refuse to produce any special license plate that it deems offensive or fails to meet community standards. If the department alters, modifies, or refuses to produce a special license plate, the organization or individual applying for the license plate may appeal the department's decision to a special joint legislative committee. This committee shall be comprised of two members from the House Education and Public Works Committee and two members from the Senate Transportation Committee.
Appointments to the joint legislative committee shall be made by the chairmen of the House Education and Public Works Committee and the Senate Transportation Committee. The department's decision may be reversed by a majority of the joint legislative committee. If the committee reverses the department's decision, the department must issue the license plate pursuant to the committee's decision. However, the provision contained in subitem (B) of this section also must be met. The joint legislative committee may also review all license plates issued by the department and instruct the department to cease issuing or renewing a plate it deems offensive or fails to meet community standards."
Special motor vehicle license plates
SECTION 3. Section 56-3-8100 of the 1976 Code is amended to read:
"Section 56-3-8100. (A) Before the Department of Motor Vehicles produces and distributes a special license plate created by the General Assembly after January 1, 2006, it must receive:
(1) four hundred prepaid applications for the special license plate or 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; and
(3) the emblem, a seal, or other symbol to be used for the plate and, if necessary, written authorization for the department to use a logo, trademark, or design that is copyrighted or registered. If the individual or organization seeking issuance of the plate submits four thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate.
(B) The fee for all special license plates created by the General Assembly after January 1, 2006, is the regular biennial 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 can only be changed every five years from the first year the plate is issued. 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.
(C) 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.
(D) 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.
(E) If the department receives less than three hundred biennial applications and renewals for plates created pursuant to Article 12, Chapter 3, Title 56; Article 14, Chapter 3, Title 56; Article 31, Chapter 3, Title 56; Article 39, Chapter 3, Title 56; Article 40, Chapter 3, Title 56; Article 43, Chapter 3, Title 56; Article 45, Chapter 3, Title 56; Article 49, Chapter 3, Title 56; Article 50, Chapter 3, Title 56; Article 60, Chapter 3, Title 56; Article 70, Chapter 3, Title 56; Article 72, Chapter 3, Title 56; and Article 76, Chapter 3, Title 56, 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."
Special motor vehicle license plates
SECTION 4. Section 56-3-8200(A) of the 1976 Code is amended to read:
"(A) The Department of Motor Vehicles may issue motor vehicle license plates to members of Rotary International for private passenger motor vehicles 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, and an additional special fee of fifty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen as a result of the license plate issuance to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected 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."
Marine Corps League special license plates
SECTION 5. Section 56-3-8300(A) of the 1976 Code is 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 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."
Fraternal Order of Police special license plates
SECTION 6. Section 56-3-5400(A) of the 1976 Code, as added by Act 54 of 2005, is amended to read:
"(A) The department may issue 'Fraternal Order of Police' special license plates to owners of private passenger motor vehicles 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."
United States Naval Academy special license plates
SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-6500. The Department of Motor Vehicles may issue 'United States Naval Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Naval Academy. 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 thirty dollars. 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 United States Naval Academy Alumni Association."
United States Air Force Academy special license plates
SECTION 8. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7050. The Department of Motor Vehicles may issue 'United States Air Force Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Air Force Academy. 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 thirty dollars. 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 United States Air Force Academy Alumni Association."
Support Our Troops special license plates
SECTION 9. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7310. The Department of Motor Vehicles may issue 'Support Our Troops' special license plates to owners of private passenger motor vehicles registered in their names. 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 thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to Support Our Troops, Inc."
Emergency Medical Service special license plates
SECTION 10. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7320. The Department of Motor Vehicles may issue 'Emergency Medical Service' special license plates to owners of private passenger motor vehicles registered in their names. 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 thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Emergency Medical Services Association."
Boy Scouts of America special license plates
SECTION 11. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7330. The Department of Motor Vehicles may issue 'Boy Scouts of America' special license plates to owners of private passenger motor vehicles registered in their names. 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 thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Indian Waters Council, Boy Scouts of America, to then be distributed to the other five Boy Scout councils serving counties in South Carolina."
Native American special license plates
SECTION 12. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7340. (A) The Department of Motor Vehicles may issue 'Native American' special license plates to owners of private passenger motor vehicles registered in their names. 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 thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina."
South Carolina Peach Council special license plates
SECTION 13. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7350. The Department of Motor Vehicles may issue 'South Carolina Peach Council' special license plates to owners of private passenger motor vehicles registered in their names. 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 seventy dollars. Any portion of the additional seventy-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Peach Council."
Korean War Veterans special license plates
SECTION 14. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7360. The Department of Motor Vehicles may issue 'Korean War Veterans' special license plates to owners of private passenger motor vehicles 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."
Cancer Research Centers of the Carolinas special license plates
SECTION 15. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7370. The Department of Motor Vehicles may issue 'Cancer Research Centers of the Carolinas' special license plates to owners of private passenger motor vehicles registered in their names. 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 fifteen dollars. Any portion of the additional fifteen-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Mary Crawley Medical Cancer Research Foundation to provide funding for the Cancer Research Centers of the Carolinas."
South Carolina Aquarium special license plates
SECTION 16. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7800. The Department of Motor Vehicles may issue 'South Carolina Aquarium' special license plates to owners of private passenger motor vehicles registered in their names. 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 fifty dollars. Any portion of the additional fifty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Aquarium."
Farm truck
SECTION 17. Section 56-3-670(A) of the 1976 Code, as last amended by Act 62 of 2005, is amended to read:
"(A) For the purpose of this section, farm truck is defined as a truck used exclusively by the owner for agricultural, horticultural, dairying, livestock, and poultry operations and includes transporting farm processed horticultural products, including soil amendments and mulches owned by the truck's owner or another person, including first market. However, farm trucks with an empty weight of less than seven thousand five hundred pounds may be used for ordinary domestic purposes and general transportation but must not be used to transport persons or property for hire."
Wartime disabled veteran license plates
SECTION 18. Section 56-3-1110(A) of the 1976 Code is amended to read:
"(A) A wartime disabled veteran who is entitled to compensation for the loss, or loss of use of one or both legs or arms, or the permanent impairment of vision in both eyes to a degree as to constitute virtual blindness and is also entitled to a special monthly statutory award by reason thereof or any South Carolina veteran classified as totally and permanently disabled due to service-connected disabilities as determined from medical records on file with the Veterans Administration or a certificate signed by the county veterans affairs officer certifying the disability may make application for registration and license of his owned or leased private passenger motor vehicle to the Department of Motor Vehicles without accompanying the application with the usual fee for registration and license of a vehicle of similar type. The department shall issue the license plates upon the receipt of an application in the form required by the department. Not more than two disabled veteran license plates may be issued to a wartime disabled veteran. A veteran who is issued a license plate under the provisions of this section must provide a new certification as prescribed by this subsection at the time a new license plate is issued. A surviving spouse of such a veteran is also eligible to obtain such plate so long as the surviving spouse does not remarry. When a new license plate is issued to a surviving spouse, the spouse must certify on a form prescribed by the department that the spouse has not remarried."
Gold Star Family special license plates
SECTION 19. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9810. The Department of Motor Vehicles may issue 'Gold Star Family' special license plates to owners of private passenger carrying motor vehicles 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 and the special fee required by Section 56-3-2020. 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 South Carolina Chapter of American Gold Star Mothers, Inc., or other similar organization operating in this State. Notwithstanding any other provision of law, of the fees collected 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."
Savings clause
SECTION 20. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability clause
SECTION 21. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 22. This act takes effect upon approval by the Governor.
Ratified the 14th day of June, 2006.
Approved the 7th day of September, 2006.
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