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Bill 150

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 18, 1999

S. 150

Introduced by Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese

S. Printed 5/18/99--H.

Read the first time February 23, 1999.

To whom was referred a Bill (S. 150), to amend Section 56-3-1815, Code of Laws of South Carolina, 1976, relating to the Department of Public Safety's authority to issue special license plates to retired members of the South Carolina National Guard, 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 striking all after the enacting words and inserting:

/ SECTION 1. Section 56-3-1815 of the 1976 Code is amended to read:

"Section 56-3-1815. The department may issue a special motor vehicle license plates plate to a retired members member of the South Carolina National Guard, if the applicant for a special license plate is certified as a retired member of the National Guard by the Adjutant General and may issue a special motor vehicle license plate to a member of the South Carolina State Guard who is a resident of the State for a private passenger motor vehicle owned or leased by a member or a retiree only after the current stock of South Carolina Guard, National Guard, and South Carolina National Guard Retired license plates is exhausted."

SECTION 2. Section 56-3-1820 of the 1976 Code, as last amended by Act 425 of 1996, is further amended to read:

"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted 'National guard' and the figure of the 'Minute Man' with numbers, the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department or letters, or both, as determined by the department. The license plate must provide a space on the top of the plate to afix a decal indicating ''National Guard'', ''Retired National Guard'', ''Air National Guard'', or ''State Guard''. This license plate must be issued only after the current stock of South Carolina State Guard, National Guard, and South Carolina National Guard Retired license plates is exhausted. The biennial fee for the special license plates plate is the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."

SECTION 3. Section 56-3-1830 of the 1976 Code is amended to read:

"Section 56-3-1830. license plates issued pursuant to this article may be transferred to another vehicle of the same weight class owned or leased by the same person upon application being made therefor and approved by the department. It is unlawful for any person to whom the plates have been issued to knowingly permit them to be displayed on any vehicle except the one authorized by the department. If a holder of a special license plates plate ceases to be an active member of the National Guard or the State Guard, he shall immediately shall return the plates to the department."

SECTION 4. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7910. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred 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 the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution of these funds is sixty dollars to the Hunley Commission and forty dollars to the department for each license plate sold.

(C) The department shall reserve the first twelve license plates for use by the Hunley Commission.

(D) Before the department produces and distributes a license plate authorized under this section, it must receive at least four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this subsection, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that individual's or organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit."

SECTION 5. Section 56-3-620 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty dollars.

(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty-four dollars.

(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five six thousand pounds or less is thirty dollars.

(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle, excluding trucks, is twenty-two dollars.

(E) Applicable truck fees, established by Section 56-3-660, are not negated by this section."

SECTION 6. Section 56-3-630 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of five six thousand pounds or less and a gross weight of eight nine thousand pounds or less. This section does not relieve or negate any applicable fees required under Section 56-3-660."

SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8000. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less 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 Section 501(C)(3) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.

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 authorized under this section, it must receive:

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit.

(2) a plan to market the sale of the special license plate which must be approved by the department.

(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) Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.

(E) 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.

(F) Notwithstanding any other provision of law, all funds collected pursuant to this section must be deposited into an account in the Office of the Treasurer and called the 'Special License Plate Fund'. Monies credited to the fund may only be expended to defray the costs of this section.

(G) 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.

(H) 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, 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."

SECTION 8. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8100. (A) Before the Department of Public Safety produces and distributes a special license plate created by the General Assembly after January 1, 2000, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(B) 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.

(C) 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."

SECTION 9. Section 56-3-3710(A) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(A) The department may issue to owners of private passenger motor vehicles special motor vehicle license plates which may have imprinted on 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 once the existing inventory of the license plate has been exhausted. 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."

SECTION 10. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-5200. (A) The department may issue a special 'South Carolina: First In Golf' motor vehicle license plate to establish a special fund to be used by the Department of Parks, Recreation and Tourism to provide grants to promote the South Carolina Junior Golf Association.

The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. The special license plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words 'South Carolina: First in Golf'. The 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 special 'South Carolina: First In Golf' fund established within and administered by the Department of Parks, Recreation and Tourism to promote the South Carolina Junior Golf Association. The distribution is thirty dollars to the department and forty dollars to the fund.

(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(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."

SECTION 11. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7750. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol the department considers appropriate to a certified service fraternity or sorority. A fraternity or sorority 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. Before a design is approved, however, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design. A fraternity or sorority also may request a change in the emblem, seal, or other symbol once the existing supply has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license 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 fraternities or sororities. Each fund must be administered by the fraternity or sorority and may be used only for academic scholarships. Funds collected for each fraternity or sorority must be deposited in an account designated by the fraternity or sorority. The distribution is thirty dollars to the department and forty dollars to the respective fund.

(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(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."

SECTION 12. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8200. (A) The Department of Public Safety may issue motor vehicle license plates to members of Rotary International for private 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 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. 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.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) 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."

SECTION 13. Chapter 3, title 56 of the 1976 Code is amended by adding:

Section 56-3-8300. (A) The department of Public Safety may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. The fee for this special plate must be the regular motor vehicle license 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. 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.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) 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."

SECTION 14. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8400. (A) The department of Public Safety may issue special motor vehicle license plates to members of the Lions Club for private 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 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. 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.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) 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."

SECTION 15. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7000. The department may issue a special motor vehicle license plate to a County Veterans Affairs Officer for a private motor vehicle registered in his name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-7010. The special plates must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'County Veterans Affairs Officer' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."

SECTION 16. Sections 56-3-4710, 56-3-4720, 56-3-4730, and 56-3-4740 of the 1976 Code, are repealed once the existing supply of South Carolina State Guard license plates is exhausted.

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

Renumber sections to conform.

Amend totals and title to conform.

RONALD P. TOWNSEND, for Committee.

REVENUE IMPACT1

This bill is expected to reduce general fund motor vehicle license revenues by a net amount of $126,000 in FY 1999-00. This bill is expected to increase funds allocated to DPS by $21,000, to PRT by $4,000, and the Hunley Commission by $4,800 in FY 1999-00. The bill would raise $8,000 in scholarships in FY 1999-00.

Explanation: This bill, as amended, sets minimum standards to produce special plates and, in certain cases, changes the distribution of special fees from the general fund to DPS to defray the costs of production. This bill will have no impact on the distribution of regular biennial registration fees. Unless specifically noted, all vehicle plate fees go to the general fund except truck fees, measured by gross vehicle weight (gvw), which go to the Infrastructure Bank. Heretofore, special plates were not allowed on trucks. This bill will allow special plates to be issued for trucks with a gvw of less than 9,000 pounds. Generally, the total cost of a special license plate is $54. The special plate fee is $30 biennially in addition to the regular $24 registration fee. However, there are many exceptions to this norm. Sections 2-3: Authorizes DPS to eliminate the $30 special fee to issue the State Guard (SG) plate. Based on DPS records, there are about 60 SG plates in use. Accordingly, these sections would reduce general fund revenue by $1,800, prorated annually at $900 in FY 1999-00. Section 5: Provides a $30 discount to a person age 65 or older to register a truck with a gvw less than 6,000 pounds. According to DPS, this would apply to about 3,500 tags yearly. Multiplying $30 times 3,500 will yield $105,000. This section, therefore, would reduce general fund revenue by $105,000 in FY 1999-00. Section 7: Sets uniform standards for DPS to issue special plates to nonprofit groups that are tax exempt per Internal Revenue Code Section 501(C)(3). A minimum of 400 paid applications or a deposit of $4,000 and a marketing plan approved by DPS is required for production. This section stipulates that all proceeds from the $30 special fee for nonprofit groups must go to DPS to defray production costs. This analysis is limited to new plates for nonprofit groups otherwise included in the bill. These include special plates, at the basic special fee of $30, for Rotary International, Marine Corps League, and Lions Club. The BEA estimates applications will average 100 special tags yearly. Multiplying $30 times 100 plates for three groups will yield $9,000 per year. This revenue would shift from the general fund to DPS in FY 1999-00. The bill creates other plates with a "varying" special fee (SF) and an extra fee (EF) for special uses as follows: Hunley Submarine (SF, $40; EF, $60 to Hunley Commission); First In Golf (SF, $30; EF, $40 to PRT); and Fraternity/Sorority (SF, $30; EF, $40 to scholarship fund). The BEA estimates an annual average of 80 applications for Hunley tags and 100 applications yearly for Golf tags and two fraternal groups. Multiplying $30 times 100 plates for three groups will yield $9,000 and $40 times 80 tags will yield $3,200. These plates, therefore, would decrease general fund revenue by a total of $12,200 in FY 1999-00. The extra fees will yield $4,800 to Hunley Commission, $4,000 to PRT, and $8,000 for fraternal scholarships in FY 1999-00. Section 18: Provides that a special tag is issued biennially to each County Veterans Affair's Officer at a special fee of $30. Multiplying 46 tags times $30 times one half will yield $690 to the general fund in FY 1999-00. Section 8: Provides that plates created by the General Assembly after January 1, 2000 must conform to the aforementioned rules. Production of existing tags with less than 300 applications and biennial renewals is stopped until inventory is exhausted.

Note: Retention of special plates fees by DPS requires an amendment to Paragraph 36.7, Section 36, Part 1B of Act 419 of 1998 (FY 1998-99 General Appropriation Bill) as applicable in FY 1999-00.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.

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

SECTION 1. Section 56-3-1815 of the 1976 Code is amended to read:

"Section 56-3-1815. The department may issue a special motor vehicle license plates plate to a retired members member of the South Carolina National Guard, if the applicant for a special license plate is certified as a retired member of the National Guard by the Adjutant General and may issue a special motor vehicle license plate to a member of the South Carolina State Guard who is a resident of the State for a private passenger motor vehicle owned by a member or a retiree."

SECTION 2. Section 56-3-1820 of the 1976 Code, as last amended by Act 425 of 1996, is further amended to read:

"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted on a decal to be affixed upon the top of the license plate 'Air National Guard', 'Army National Guard', 'National Guard Retired', or 'State Guard' and the figure of the 'Minute Man' with numbers, the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department or letters, or both, as determined by the department permanently imprinted on the license plate. The biennial fee for the special license plates plate is the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."

SECTION 3. Section 56-3-1830 of the 1976 Code is amended to read:

"Section 56-3-1830. License plates issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the department. It is unlawful for any person to whom the plates have been issued to knowingly permit them to be displayed on any vehicle except the one authorized by the department. If a holder of a special license plates plate ceases to be an active member of the National Guard or the State Guard, he shall immediately shall return the plates to the department."

SECTION 4. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7910. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying 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 which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred 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 the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution shall be based on the total number of special license plates sold as follows:

(1) one thousand or less total special license plates sold: fifty-two dollars to the department and forty-eight dollars to the Hunley Commission for each special license plate sold;

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

(3) two thousand or more total special license plates sold: thirty dollars to the department and seventy dollars to the Hunley Commission for each special license plate sold.

(C) The department shall reserve the first twelve license plates for use by the Hunley Commission."

SECTION 5. Section 56-3-620 of the 1976 Code of Laws, as amended, is further amended to read:

"(A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty dollars.

(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty-four dollars.

(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five six thousand pounds or less is thirty dollars.

(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle, excluding trucks, is twenty-two dollars.

(E) Applicable truck fees, established by Section 56-3-660, are not negated by this section."

SECTION 6. Section 56-3-630 of the 1976 Code is amended to read:

"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of five six thousand pounds or less and a gross weight of eight nine thousand pounds or less. This section does not relieve or negate any applicable fees required under Section 56-3-660."

SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8000. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying 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 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 Section 501(C)(3) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.

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 authorized under this section, it must receive:

(1) three hundred or more prepaid applications for the special license plate or a deposit of 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.

(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) Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.

(E) 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.

(F) Notwithstanding any other provision of law, all funds collected pursuant to this section must be deposited into an account in the Office of the Treasurer and called the 'Special License Plate Fund'. Monies credited to the fund may only be expended to defray the costs of this section.

(G) The department may alter, modify, or refuse to produce any special license plate that it deems offensive or fails to meet community standards."

SECTION 8. The first paragraph of Section 56-3-1910 of the 1976 Code is amended to read:

"Upon payment of the regular motor vehicle license fee, the department may issue a license tag with a special number or identification indicating that the tag was issued to a person (a) disabled by an impairment in the use of one or more limbs and required to use a wheelchair or (b) disabled by an impairment in mobility, but otherwise qualified for a driver's license as determined by the department. The department must also issue a special motorcycle license tag to an individual who meets the requirements of this section. Each application for the license must be accompanied by the certificate of a licensed physician as defined in Section 40-47-5 as to the permanency of limb impairment or as to the severity or the permanency of mobility impairment."

SECTION 9. Sections 56-3-4710, 56-3-4720, 56-3-4730, and 56-3-4740 of the 1976 Code are repealed.

SECTION 10. This act takes effect upon approval by the Governor.

This web page was last updated on Friday, June 26, 2009 at 2:56 P.M.