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Sponsors: Senators Peeler, Hayes and Gregory
Document Path: l:\council\bills\swb\5958cm04.doc
Companion/Similar bill(s): 4935
Introduced in the Senate on March 25, 2004
Introduced in the House on April 15, 2004
Last Amended on May 25, 2004
Currently residing in the Senate
Summary: Ducks Unlimited special license plates may be issued to any vehicle owner; additional fee for issuing
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/25/2004 Senate Introduced and read first time SJ-3 3/25/2004 Senate Referred to Committee on Transportation SJ-3 4/8/2004 Senate Committee report: Favorable with amendment Transportation 4/12/2004 Scrivener's error corrected 4/13/2004 Senate Amended SJ-11 4/13/2004 Senate Read second time SJ-11 4/13/2004 Senate Ordered to third reading with notice of amendments SJ-11 4/14/2004 Senate Amended SJ-32 4/14/2004 Senate Read second time SJ-32 4/14/2004 Scrivener's error corrected 4/15/2004 House Introduced and read first time HJ-7 4/15/2004 House Referred to Committee on Education and Public Works HJ-7 5/19/2004 House Committee report: Favorable with amendment Education and Public Works HJ-174 5/25/2004 House Amended HJ-72 5/25/2004 House Read second time HJ-75 5/26/2004 House Read third time and returned to Senate with amendments HJ-10
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
May 25, 2004
S. Printed 5/25/04--H.
Read the first time April 15, 2004.
TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-3-8600 of the 1976 Code, as added by Act 104 of 2001, is amended to read:
"Section 56-3-8600. (A) The Department of Motor Vehicles may issue 'Ducks Unlimited' special motor vehicle license plates to
members of Ducks Unlimited for owners of 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 which may have imprinted on them an emblem, seal, or symbol of the South Carolina Ducks Unlimited State Committee. The South Carolina Ducks Unlimited State Committee must submit to the department for its approval the emblem, seal, or symbol it wishes to display on the plates. The South Carolina Ducks Unlimited State Committee must submit to the department written authorization for use of any copy righted or registered logos, trademarks, or designs. The South Carolina Ducks Unlimited State Committee may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for this special license the plate must be is the regular motor vehicle license registration fee contained in Article 5, Chapter 3 of this title that must be deposited in the state general fund and the a special motor vehicle license fee required by Section 56-3-2020 that must be deposited with the department of fifty dollars.
(B) Notwithstanding any other provision of law, 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 the department in producing this license plate and administering the plates. 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 remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Ducks Unlimited State Committee for wetlands conservation projects in South Carolina, administered by the South Carolina Ducks Unlimited State Committee, and deposited in an appropriate non-profit account designated by the South Carolina Ducks Unlimited State Committee.
(B)(C) Before the Department of Motor Vehicles department produces and distributes a special license plate pursuant to authorized under 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 the 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)(D) If the department receives less than three hundred biennial applications and renewals for a particular special license the 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 2. Section 56-3-210(C) of the 1976 Code, as last amended by Act 251 of 2002, is further amended to read:
"(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate
that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use, or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A dealer person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence."
SECTION 3. Section 56-3-2350 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 56-3-2350. A person engaged in the business of limited operation of motor vehicles to facilitate the movement of vehicles from a manufacturer to a dealer or distributor, or from a railroad terminal yard to a temporary storage facility prior to delivery to a dealer, or for the movement of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:
(a) if an individual, the name under which he intends to conduct business;
(b) if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;
(c) if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals."
SECTION 4. SECTIONS 1 and 3 of this act take effect upon approval by the Governor. SECTION 2 takes effect on July 1, 2005.
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