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AMENDED--NOT PRINTED IN THE HOUSE
June 7, 2001
H. 3272
Introduced by Reps. Neilson, Jennings, Cato, Riser, Altman, Askins, Bales, Barfield, Barrett, Bingham, J. Brown, Chellis, Coates, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Gilham, Gourdine, Harrison, Harvin, Hayes, J. Hines, Hosey, Littlejohn, Lloyd, Lucas, McCraw, McGee, J.M. Neal, Owens, Phillips, Scarborough, Scott, F.N. Smith, J.R. Smith, Stuart, Taylor, Vaughn, Webb, Weeks, White, Witherspoon and Simrill
S. Printed 5/17/01--S.
Read the first time April 24, 2001.
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8700. This article may be cited as the Denny Woodall Neilson NASCAR Special License Plates Act.
Section 56-3-8710. (A) The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plates an emblem, a seal, or other symbol the department considers appropriate to NASCAR or a NASCAR driver or team. NASCAR or a NASCAR driver or team may submit to the department for approval of the emblem, seal, or other symbol it desires to be used for its respective special license plate. Before a design is approved, NASCAR or the NASCAR driver or team must submit to the department written authorization for the use of a copyrighted or registered logo, trademark, or design. NASCAR or a NASCAR driver or team also may request a change in its respective emblem, seal, or other symbol once the existing supply has been exhausted. The fee for each special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) The department may also provide, upon request, special NASCAR or NASCAR driver or team collector license plates which shall not be displayed on any vehicle registered or required to be registered in this State. Any person displaying the special NASCAR or NASCAR driver or team collector license plates on any vehicle registered or required to be registered in this State is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or be imprisoned for not more than thirty days. The special NASCAR or NASCAR driver or team collector license plates shall be the same size and general design of the regular NASCAR or NASCAR driver or team special motor vehicle license plates. The fee for issuance of the special NASCAR or NASCAR driver or team collector license plates is twenty-five dollars. The words 'collector license plate' shall be imprinted on the special NASCAR or NASCAR driver or team collector license plates.
(C) From the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of producing the special license plates. The remaining funds must be distributed in the following manner:
(1) one-half deposited in a special account, separate and apart from the General Fund, designated the 'South Carolina Children's Emergency Shelter Fund' established within and administered for use by the Department of Social Services. The Department of Social Services shall distribute at least one-half of the funds from the special account to the South Carolina Children's Emergency Shelter Foundation for the benefit of the South Carolina children's emergency shelters. Funds distributed to the South Carolina Children's Emergency Shelter Foundation may be used only for providing donations to support the South Carolina children's emergency shelters. Funds received by the South Carolina Children's Emergency Shelter Foundation pursuant to this section must be deposited in an appropriate nonprofit account designated by the South Carolina Children's Emergency Shelter Foundation;
(2) one-fourth deposited in a special account, separate and apart from the General Fund, designated the 'South Carolina Sports Development Office Fund' established within and administered for use by the Department of Parks, Recreation and Tourism to promote the South Carolina Sports Development Office; and
(3) one-fourth deposited in a special account, separate and apart from the General Fund designated the 'NASCAR License Plate Highway Safety Fund' established within and administered for use by the Department of Public Safety to promote highway safety in conjunction with the Department of Transportation and NASCAR or a NASCAR driver or team.
(D) Before the department produces and distributes NASCAR's or a NASCAR driver's or team's respective special license plate pursuant to this section, it must receive four hundred prepaid applications for NASCAR's or the NASCAR driver's or team's respective special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of NASCAR's or the NASCAR driver's or team's respective 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 the NASCAR or NASCAR driver's or team's respective license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit.
(E) If the department receives less than three hundred biennial applications and renewals for a particular NASCAR or NASCAR driver or team special license plate, it may choose not to produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8500. (A) The Department of Public Safety may issue special motor vehicle license plates to members of Ducks Unlimited for private passenger carrying motor vehicles or light pickup trucks having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less 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 that must be deposited in the state general fund and the special fee required by Section 56-3-2020 that must be deposited with the department. From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of producing this license 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.
(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 3. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9000. (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 seven 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 approved by Sertoma International and the department. Sertoma International may submit to the department for approval of the emblem, seal, or other symbol it desires to be used for its respective special license plate. Before a design is approved, however, Sertoma International must submit to the department written authorization for the use of a copyrighted or registered logo, trademark, or design. Sertoma International also may request a change in the emblem, seal, or other symbol once the existing supply has been exhausted. The fee for each special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) The fees collected pursuant to this section, after the costs to produce and administer the distribution of the special license plate have been satisfied, must be distributed to the 'Camp Sertoma Fund' created by Sertoma International for the continued support of Camp Sertoma. The fund must be administered by Sertoma International and may be used only for Camp Sertoma. Any funds collected must be deposited in an appropriate nonprofit account designated by Sertoma International.
(C) Before the department produces and distributes the Sertoma International special license plate pursuant to 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 respective license plate, 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.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may 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 4. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8500. (A) The department may issue special motor vehicle license plates to World War II veterans or their spouses for private motor vehicles registered in their names. The fee for the issuance of this special motor vehicle license plate is twenty dollars biennially, which must be distributed to the State Department of Education and used to support and promote ROTC programs in the state's public schools. This twenty dollar fee shall be in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title.
(B) Before the department 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.
(2) a plan to market the sale of the special license plate that must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular 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 5. Section 56-3-1120 of the 1976 Code is amended to read:
"Section 56-3-1120. The department may issue a special license tag plate with the words 'Disabled Veteran' and a special number imprinted on it showing that such the license tag plate was issued to a disabled American veteran."
SECTION 6. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8910. (A) The Department of Public Safety shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'Choose Life'. 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. 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, after the costs to produce and administer the distribution of this special license plate, must be deposited in a special account, separate and apart from the general fund, designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's case load in the preceding calendar year was of the total case load of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.
(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive 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, the department shall retain the deposit.
(D) If the department receives less than three hundred biennial applications and renewals for the 'Choose Life' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 7. Chapter 3, Title 56, of the 1976 Code is amended by adding:
Section 56-3-3410. (A) The Department of Public Safety may issue special motor vehicle license plates to members of the National Wild Turkey Federation for private motor vehicles registered in their names. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5. 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. 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 above the cost of the regular motor vehicle registration fee must be distributed to the National Wild Turkey Federation.
Section 56-3-3420. (A) 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 shall 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 fewer than three hundred biennial applications and renewals for a particular special license plate, it may 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 8. This act takes effect upon approval by the Governor.
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