H 3643 General Bill, By Vick
 A BILL TO AMEND SECTION 56-3-8100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES BY
 THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL
 PRODUCE AND DISTRIBUTE THE KOREAN WAR VETERANS SPECIAL LICENSE PLATE WITHOUT
 FIRST RECEIVING PREPAID APPLICATIONS FOR THE LICENSE PLATE OR A FOUR THOUSAND
 DOLLAR FEE, AND A PLAN TO MARKET THE LICENSE PLATE.

   03/06/07  House  Introduced and read first time HJ-6
   03/06/07  House  Referred to Committee on Education and Public
                     Works HJ-6
   05/25/07         Scrivener's error corrected

TO AMEND SECTION 56-3-8100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL PRODUCE AND DISTRIBUTE THE KOREAN WAR VETERANS SPECIAL LICENSE PLATE WITHOUT FIRST RECEIVING PREPAID APPLICATIONS FOR THE LICENSE PLATE OR A FOUR THOUSAND DOLLAR FEE, AND A PLAN TO MARKET THE LICENSE PLATE.

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

SECTION    1.    Section 56-3-8100 as last amended by Act 398 of 2006 is further 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.

(F)    The provisions contained in subsection (A)(1) and (2) do not apply to the production and distribution of the Korean War Veterans Special License Plates contained in Article 68, Chapter 3, Title 56."

SECTION    2.    This act takes effect upon approval by the Governor.