Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 3560, May 14 | Printed Page 3580, May 14 |

Printed Page 3570 . . . . . Tuesday, May 14, 1996

SECTION . Section 56-3-1320 of the 1976 Code is amended to read:

"Section 56-3-1320. The Department department shall charge a fee of six dollars for every license plate or revalidation sticker issued as a replacement except those vehicles whose fees are prescribed by Section 56-3-660. If a special personalized plate is replaced by a license plate for which the initial registration fee is set by Section 56-3-620, the Department shall charge a fee of six dollars. If the a special personalized plate is replaced by a new special personalized plate, the Department department shall charge a fee in the same amount as the original fee. The Department shall require proof of the payment of taxes when issuing a replacement plate or replacement revalidation sticker. A fee of one dollar must be charged for postage and handling if the replacement plate or sticker is to be mailed to the owner. The Department department may not charge a fee for every a duplicate registration card issued as a replacement for a registered and licensed vehicle, but a fee of one dollar must be charged for every other type duplicate registration card issued by the Department department."

SECTION . Section 56-3-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1330. The Department of Public Safety (department) department may suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, revalidation sticker, or other document issued by the department as authorized under this chapter in any of the following events when the:

(1) department determines to its satisfaction that such registration and license, registration card, license plate, revalidation sticker, or other document was fraudulently or erroneously issued;

(2) department determines to its satisfaction that a registered and licensed vehicle is mechanically unsafe or unfit to be operated or moved upon a highway;

(3) vehicle registered and licensed has been dismantled or wrecked;

(4) department determines that the required fee has not been paid and is not paid upon reasonable notice and demand;

(5) registration card, license plate, revalidation sticker, or other document is knowingly displayed upon a vehicle other than the one for which it was issued;

(6) department determines to its satisfaction that the owner has committed any offense under this chapter involving such registration card, license plate, revalidation sticker, or other document;

(7) department is so authorized under any other provisions of law.


Printed Page 3571 . . . . . Tuesday, May 14, 1996

The Circuit Courts of this State shall have jurisdiction to review actions of the department that suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, revalidation sticker, or other document, when petitioned by a resident of this State. The decision of the court shall be binding upon the department or Department of Revenue and Taxation and the petitioner."

SECTION . Section 56-3-1510 of the 1976 Code, as amended by Section 22V, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1510. The department may issue special motor vehicle license plates to persons who hold unrevoked and unexpired amateur radio licenses of a renewable nature issued by the Federal Communications Commission for private passenger motor vehicles registered in the same name. The biennial fee for the special license plates is two dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one set of the special plates may be issued to a person."

SECTION . Section 56-3-1520 of the 1976 Code, as last amended by Section 22W, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1520. Applications for special license plates, as authorized under this article, must be made on forms provided by the department, contain proof satisfactory to the department that the applicant holds an unrevoked and unexpired amateur radio license, and state the call letters assigned to the applicant. Applications must be filed with the department by July first for the ensuing licensing period."

SECTION . Section 56-3-1530 of the 1976 Code, as last amended by Section 22X, part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1530. The special license plates must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the official amateur radio call letters of the persons assigned by the Federal Communications Commission. The special plates are for biennial periods November first to October thirty-first which expire twenty-four months from the month it is issued."

SECTION . Section 56-3-1610 of the 1976 Code, as last amended by Section 22Y, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1610. The department may issue special motor vehicle license plates to emergency medical technicians for private passenger motor vehicles registered in the name of the technicians. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one special plate may be issued to a person."

SECTION . Section 56-3-1620 of the 1976 Code is amended to read:


Printed Page 3572 . . . . . Tuesday, May 14, 1996

"Section 56-3-1620. Applications for special license plates, as authorized under this article, shall be made on forms provided by the Department and shall contain proof satisfactory to the Department that the applicant has been trained as an emergency medical technician by a hospital which conducts classes in emergency medical procedures and technology. Applications must be filed with the Department by July first for the ensuing licensing year."

SECTION . Section 56-3-1630 of the 1976 Code, as last amended by Section 22Z, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-1630. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted the letters `EMT' and numbers the department may determine. The special plates are for biennial periods November first to October thirty-first which expire twenty-four months from the month it is issued."

SECTION . Section 56-3-1710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1710. The department shall design and supply, at an appropriate fee, a special license plate, or supplemental plate or attachment, for use on all publicly owned motor vehicles operated by any department or institution of the State of South Carolina, or any of its political subdivisions. It shall be unlawful for any such publicly owned vehicle to be operated in the State of South Carolina that does not carry such official emblem, or marker, or plates. Provided, however, that this provision shall not apply to the automobile supplied for the Governor's personal use, automobiles supplied to law enforcement officers, when in the opinion of the chief of the South Carolina Law Enforcement Division or the director of the department it is advisable that such automobiles not be so marked, nor to automobiles supplied to statewide elective other state officials."

SECTION . Section 56-3-1750 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1750. The department may issue a special motor vehicle license plate to active members of the United States Air Force Reserve, United States Army Reserve, United States Coast Guard Reserve, United States Marine Corps Reserve, or United States Navy Reserve who are residents of the State for a private passenger motor vehicle registered in their respective names. The biennial fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020. Only one plate may be issued to a person."


Printed Page 3573 . . . . . Tuesday, May 14, 1996

SECTION . Section 56-3-1810 of the 1976 Code is amended to read:

"Section 56-3-1810. The number of plates that may be issued to members of the National Guard by the Department shall equal the number of private passenger motor vehicles registered in such person's name in this State; provided, however, that the total number of such plates issued to any one person shall not exceed three. The Department shall issue such plates for a particular private passenger motor vehicle registered in that person's name and such plates may only be transferred to another vehicle upon compliance with the provisions of Section 56-3-1830."

SECTION . Section 56-3-1850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1850. The department shall provide, upon proper application being made, a distinctive permanent license plate to any resident of the State who is a recipient of the Medal of Honor, for use on a private passenger motor vehicle registered or leased in the recipient's name. There is no fee for the license plate but no recipient may receive a plate for more than one vehicle."

SECTION . Section 56-3-1971 of the 1976 Code, as last amended by Section 36Q, Part II, Act 497 of 1994, is further amended to read:

"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the division of motor vehicles.

The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the Department of Public Safety Department and approved by the Attorney General within thirty days of submission by the department."

SECTION . Section 56-3-1972 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:

"Section 56-3-1972. For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the Department of Public Safety department for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which


Printed Page 3574 . . . . . Tuesday, May 14, 1996

must be pink and must be dispatched by the issuing agency to the Department of Public Safety department for purposes of audit, unless otherwise provided for by the department. Each ticket shall have a unique identifying number."

SECTION . Section 56-3-1973 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1973. The Department of Public Safety department shall have the uniform parking violations ticket printed. The department may authorize a law enforcement agency to automate the issuance of uniform parking violation tickets. Law enforcement and security agencies shall order tickets from the Department of Public Safety department and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement or security agency. The audit copy and the Department of Public Safety record's department's record copy must be forwarded to the Department of Public Safety department within thirty days of the disposition of the case by final trial court action. The head of each law enforcement agency is responsible for forwarding the audit copies and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action and forwarding the results of the inventory on a form prescribed by the Department of Public Safety department to the Department of Public Safety department within ten days of the completion of the inventory."

SECTION . Section 56-3-1974 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-1974. A person who wilfully and intentionally violates the provisions of Section 56-3-1973 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned not more than six months, or both, for each ticket unaccounted for or for each failure to timely forward the issuing agency's copy or Department of Public Safety record's department's record copy or audit copy of a ticket.

If the failure to account for a ticket or the failure to timely forward the issuing agency's copy or the Department of Public Safety record's department's record or audit copy of the ticket is inadvertent or unintentional, the misuse is triable in magistrate's court and, upon conviction, the person must be fined not more than one hundred dollars.

The service of the uniform parking violations ticket vests all traffic, recorder's, and magistrate's courts with jurisdiction to hear and dispose of the charge for which the ticket was issued and served."


Printed Page 3575 . . . . . Tuesday, May 14, 1996

SECTION . Section 56-3-2010 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2010. (A) The department shall provide, upon proper application being made, special personalized motor vehicle license plates to the owner of a private passenger motor vehicle, trucks having a rated capacity of not more than five thousand pounds empty weight or not more than eight thousand pounds gross vehicle weight, and motorcycles. The personalized plates must be of the design and bear the letters and numerals the department prescribes. However, there may be no duplication of registration plates, except South Carolina members of the United States Congress or members of the South Carolina General Assembly may purchase a maximum of the original and two duplicate registration plates. The department, in its discretion, may refuse the issue of letter combinations which may carry connotations offensive to good taste and decency and may not assign to a person not holding the relevant office letters or numerals denoting the holder to have a public office.

(B) Private passenger motor vehicles and trucks meeting the specifications in subsection (A) must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle expires November thirtieth two years after issuance. Every personalized license plate issued to members of the General Assembly and members of licensed state commissions and boards expires January thirty-first each year in which a new session of the General Assembly begins. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed."

SECTION . Section 56-3-2030 of the 1976 Code is amended to read:

"Section 56-3-2030. The department shall promulgate regulations for the application for and issuance of personalized license plates. Special personalized license plates means any plates bearing any combination of letters or numerals, or both, other than that which the department determines normally would be issued sequentially to an applicant for original or renewal vehicle registration.

Special personalized license plates Plates may not be issued to any applicant whose operator's or chauffeur's license has been suspended or


Printed Page 3576 . . . . . Tuesday, May 14, 1996

revoked within two years from the date of application or to any applicant whose driving record indicates a disregard of traffic violations or unsafe driving practices within two years from the date of application."

SECTION . Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150. The department may issue special motor vehicle license plates to members of municipal and county councils and to county coroners of this State for private passenger motor vehicles registered in their names owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a councilman or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period."

SECTION . Section 56-3-2320(B) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"(B) For purposes of this section, the testing or demonstration of a heavy duty truck with a GVW of 16,000 pounds or over as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for not more than three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."

SECTION . Section 56-3-2340 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-2340. The Department of Revenue and Taxation department or its designated agent may allow licensed motor vehicle dealers to issue first time motor vehicle registrations and license tags directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license tags based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and tags, upon meeting the established criteria, the dealership may be allowed to issue registrations or tags. If in the opinion of the department a bond is necessary to ensure the payment of fees associated with the registering and licensing of a vehicle, the


Printed Page 3577 . . . . . Tuesday, May 14, 1996

department may require a bond not to exceed the estimated value of new tags and validation stickers held by the dealership or the department's designated agent."

SECTION . Section 56-3-2380 of the 1976 Code is amended to read:

"Section 56-3-2380. The Department department may deny the application of any person for registration under this article and may suspend or revoke a registration or refuse to issue a renewal thereof if it is determined that the applicant or registrant has:

(a) Made a material misrepresentation in his application;

(b) Used or permitted the use of plates contrary to law;

(c) Been found guilty of fraud or fraudulent practices;

(d) Failed to comply with any of the regulations of the Department department for the enforcement of this article.

The Department may promulgate regulations for the proper administration of this article."

SECTION . Section 56-3-2810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2810. The department shall issue special motor vehicle license plates to `volunteer firemen' who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles registered in their respective names. For the purposes of this article `volunteer firemen' means members of organized units providing fire protection without compensation being paid to the members of the units for the service provided and whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. The cost of the special license plate as determined by the department must be paid biennially by the requesting volunteer fireman, and only one license plate may be issued to a volunteer fireman. The plate must be issued upon application in a manner and upon forms prescribed by the department and upon approval of the application by the department."

SECTION . Section 56-3-3310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-3310. The department may issue a special motor vehicle license plate to a recipient of the Purple Heart for use on a private passenger motor vehicle. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."

SECTION . Section 56-3-3710 of the 1976 Code is amended to read:


Printed Page 3578 . . . . . Tuesday, May 14, 1996

"Section 56-3-3710. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying passenger 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 special motor vehicle license plates which may have imprinted on the plate them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for this special license plate is seventy 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 a separate fund for each of the respective colleges, universities, or independent institutions of higher learning. Each fund must be administered by the school and may be used only for academic scholarships. Funds collected for state colleges and universities must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution is based on the total number of special license plates sold and on the number sold for the respective school as follows:

(1) one thousand or less total special license plates sold: fifty-two dollars to the department and eighteen dollars to the school for each special license plate sold for the respective school;

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

(3) two thousand or more total special license plates sold: thirty dollars to the department and forty dollars to the school for each special license plate sold for the respective school.

(C) The department shall receive one hundred or more applications requesting a special license plate for a school before a specialized license plate may be developed for that school."


Printed Page 3579 . . . . . Tuesday, May 14, 1996

SECTION . Section 56-3-3910 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 56-3-3910. The department may issue a special commemorative motor vehicle license plate commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988 for use by owners on their private passenger motor vehicles. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. This license plate must be of the same size and general design of regular motor vehicle license plates. The plate must be issued or revalidated biennially for two years beginning December first and ending November thirtieth twenty-four months later. License number `one' for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County."

SECTION . Section 56-3-3950 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-3950. The Department of Revenue and Taxation department may issue a special commemorative `Keep South Carolina Beautiful' motor vehicle license plate for use by owners on their private passenger motor vehicles to establish a special fund to be used by the Department of Transportation for the purposes of beautifying the state's roads and highways. The Department of Transportation, in implementing this program, may not expend beautification funds for wildflowers without prior approval of the South Carolina Department of Agriculture. The Department of Agriculture shall ensure, before granting approval, that the varieties of wildflowers used in beautification are not harmful to agriculture at or near a proposed project. The biennial fee for the commemorative license plate is fifty-four dollars, and of this amount twenty-four dollars must be placed in a special `Keep South Carolina Beautiful Fund' established within and administered by the Department of Transportation. This biennial fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words `Keep South Carolina Beautiful'. The 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, as last amended by Act 181 of 1993, is further amended to read:

"(A) The department shall issue a special motor vehicle license plate for use on a private passenger motor vehicle owned by to any retired


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