2017-2018 Bill 3271 Text of Previous Version (Mar. 30, 2017) - South Carolina Legislature Online
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1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 30, 2017 6 7 H. 3271 8 9 Introduced by Reps. W. Newton, Felder and Erickson 10 11 S. Printed 3/30/17--H. 12 Read the first time January 10, 2017. 13 14 15 THE COMMITTEE ON EDUCATION AND 16 PUBLIC WORKS 17 To whom was referred a Bill (H. 3271) to amend Sections 18 561148, 561170, as amended, Section 561171, Sections 561220, 19 etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass with amendment: 23 24 Amend the bill, as and if amended, by deleting SECTIONS 3, 4, 25 5, 16, 29, 33, 34, 39, 48, 49, 64, 66, 68, and 69 in their entirety. 26 Renumber sections to conform. 27 Amend title to conform. 28 29 MERITA A. ALLISON for Committee. 30 31 32 STATEMENT OF ESTIMATED FISCAL IMPACT 33 Explanation of Fiscal Impact 34 Amended by House Education and Public Works Motor 35 Vehicle Subcommittee on March 22, 2017 36 State Expenditure 37 The amended bill amends various code sections to provide that 38 DMV, instead of the Comptroller General, place certain funds 39 DMV collects into specified accounts. The bill does not change 40 the amount of any fee or the allocation of revenue from any fee. 41 Department of Motor Vehicles. The expenditure impact is 42 pending, contingent upon a response from the agency.
[3271-1] 1 Comptroller General. The agency indicates this bill will have no 2 expenditure impact on the general fund, other funds, or federal 3 funds. The changes align with current practice. 4 State Revenue 5 The bill does not change the amount of any fee or the allocation 6 of revenue from any fee. 7 Introduced on January 10, 2017 8 State Expenditure 9 This bill amends various code sections to provide that DMV, 10 instead of the Comptroller General, place certain funds DMV 11 collects into specified accounts. The bill does not change the 12 amount of any fee or the allocation of revenue from any fee. 13 Department of Motor Vehicles. The expenditure impact is 14 pending, contingent upon a response from the agency. 15 Comptroller General. The agency indicates this bill will have no 16 expenditure impact on the general fund, other funds, or federal 17 funds. The changes align with current practice. 18 State Revenue 19 The bill does not change the amount of any fee or the allocation 20 of revenue from any fee. 21 22 Frank A. Rainwater, Executive Director 23 Revenue and Fiscal Affairs Office 24
[3271-2] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTIONS 561148, 561170, AS AMENDED, 12 SECTION 561171, SECTIONS 561220, 561286, 561390, 561395, 13 561400, 561460, 561550, 561740, 561746, 5612080, 563210, 14 563355, ALL AS AMENDED, SECTION 563662, SECTIONS 15 5631230, 5631290, 5631335, ALL AS AMENDED, SECTION 16 5632545, SECTIONS 5633500, 5633600, 5633800, 5633950, 17 5634100, 5634200, 5634410, 5634510, 5634600, 5634800, 18 5635400, 5636000, ALL AS AMENDED, SECTIONS 5636500, 19 5637050, SECTIONS 5637200, 5637300, 5637310, 5637320, 20 5637330, ALL AS AMENDED, SECTIONS 5637340, 5637350, 21 5637370, 5637780, AS AMENDED, SECTION 5637800, 22 SECTIONS 5637950, 5638000, 5638100, 5638200, 5638300, 23 5638600, 5638710, ALL AS AMENDED, SECTIONS 5639400, 24 5639500, SECTIONS 5639600, 5639710, 56310010, ALL AS 25 AMENDED, SECTIONS 56310110, 56310210, 56310310, 26 56311450, 56312610, ALL AS AMENDED, SECTIONS 27 56313010, 56313310, 56313610, SECTIONS 565750, 5652930, 28 5652933, AND 5652942, ALL AS AMENDED, CODE OF LAWS 29 OF SOUTH CAROLINA, 1976, ALL RELATING TO THE 30 IDENTIFYING CODE AFFIXED ON THE DRIVER’S LICENSE 31 OF A PERSON CONVICTED OF CERTAIN CRIMES, THE 32 SUSPENSION OF A PERSON’S DRIVER’S LICENSE WHO 33 FAILS TO PAY CHILD SUPPORT, VISION SCREENING 34 REQUIRED FOR A PERSON TO RENEW HIS DRIVER’S 35 LICENSE, THE SUSPENSION OF CERTAIN PERSONS’ 36 DRIVER’S LICENSES FOR DRIVING WITH AN UNLAWFUL 37 LEVEL OF ALCOHOL CONCENTRATION, FEES ASSESSED 38 FOR THE REINSTATEMENT OF A DRIVER’S LICENSE, THE 39 SURRENDER OF A DRIVER’S LICENSE WHEN THE 40 LICENSE IS SUSPENDED OR REVOKED, AND THE 41 PLACEMENT OF AN INTERLOCK DEVICE ON THE 42 VEHICLES OF CERTAIN PERSONS WHO HAVE BEEN
[3271] 3 1 CONVICTED OF OPERATING A VEHICLE WHILE UNDER 2 THE INFLUENCE OF ALCOHOL OR ANOTHER 3 SUBSTANCE, PENALTIES IMPOSED UPON A PERSON 4 WHO OPERATES A VEHICLE WITH A LICENSE THAT HAS 5 BEEN CANCELED, SUSPENDED, OR REVOKED, THE FEE 6 IMPOSED FOR EXPEDITING A REQUEST FOR A COPY OF 7 CERTAIN DEPARTMENT OF MOTOR VEHICLES’ 8 DOCUMENTS, THE SUSPENSION OF A DRIVER’S LICENSE 9 AND THE ISSUANCE OF A SPECIAL RESTRICTED 10 DRIVER’S LICENSE, THE ISSUANCE OF A COMMERCIAL 11 DRIVER’S LICENSE, THE PERIOD FOR PROCURING A 12 LICENSE PLATE FOR A MOTOR VEHICLE, THE ISSUANCE 13 OF TEMPORARY LICENSE PLATES, AND THE TRANSFER 14 OF A LICENSE PLATE FROM ONE VEHICLE TO ANOTHER 15 VEHICLE, THE SUSPENSION OR REVOCATION OF A 16 COMMERCIAL VEHICLE REGISTRATION CARD AND 17 LICENSE PLATE, THE FEE TO OBTAIN AN IDENTIFIER, 18 LICENSE PLATE SPECIFICATIONS AND THE ISSUANCE OF 19 NEW LICENSE PLATES, THE TRANSFER OF A LICENSE 20 PLATE FROM ONE VEHICLE TO ANOTHER VEHICLE, THE 21 SUSPENSION OF A MOTOR VEHICLE LICENSE PLATE 22 WHEN ITS DRIVER FAILS TO PAY A TOLL, THE 23 DISPERSEMENT OF FEES COLLECTED FROM THE 24 ISSUANCE OF CONSERVE SOUTH CAROLINA SPECIAL 25 LICENSE PLATES, PENN CENTER SPECIAL LICENSE 26 PLATES, SOUTH CAROLINA NURSES SPECIAL LICENSE 27 PLATES, AMERICAN LEGION SPECIAL LICENSE PLATES, 28 KEEP SOUTH CAROLINA BEAUTIFUL SPECIAL LICENSE 29 PLATES, SOUTH CAROLINA ELKS ASSOCIATION 30 SPECIAL LICENSE PLATES, CAROLINA PANTHERS 31 SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL 32 LICENSE PLATES, SPECIAL COMMEMORATIVE LICENSE 33 PLATES, HOMEOWNERSHIP: THE AMERICAN DREAM 34 SPECIAL LICENSE PLATES, SONS OF CONFEDERATE 35 VETERANS SPECIAL LICENSE PLATES, FRATERNAL 36 ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED 37 STATES ARMED SERVICES SPECIAL LICENSE PLATES, 38 UNITED STATES NAVAL ACADEMY SPECIAL LICENSE 39 PLATES, UNITED STATES AIR FORCE ACADEMY SPECIAL 40 LICENSE PLATES, ARTS AWARENESS SPECIAL LICENSE 41 PLATES, SALTWATER FISHING SPECIAL LICENSE 42 PLATES, SUPPORT OUR TROOPS SPECIAL LICENSE 43 PLATES, EMERGENCY MEDICAL SERVICE SPECIAL
[3271] 4 1 LICENSE PLATES, BOY SCOUTS OF AMERICA AND 2 EAGLE SCOUT SPECIAL LICENSE PLATES, NATIVE 3 AMERICAN SPECIAL LICENSE PLATES, SOUTH 4 CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES, 5 CAREER RESEARCH CENTERS OF THE CAROLINAS 6 SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS 7 SPECIAL LICENSE PLATES, SOUTH CAROLINA 8 AQUARIUM SPECIAL LICENSE PLATES, HUNTING 9 ISLAND STATE PARK SPECIAL LICENSE PLATES, 10 NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, 11 SPECIAL LICENSE PLATES PRODUCTION AND 12 DISTRIBUTION GUIDELINES, ROTARY INTERNATIONAL 13 SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE 14 SPECIAL LICENSE PLATES, DUCKS UNLIMITED SPECIAL 15 LICENSE PLATES, NASCAR SPECIAL LICENSE PLATES, 16 MORRIS ISLAND LIGHTHOUSE SPECIAL LICENSE 17 PLATES, GOD BLESS AMERICA SPECIAL LICENSE 18 PLATES, NO MORE HOMELESS PETS SPECIAL LICENSE 19 PLATES, HERITAGE CLASSIC FOUNDATION SPECIAL 20 LICENSE PLATES, PARROT HEAD SPECIAL LICENSE 21 PLATES, OPERATION DESERT STORM DESERT SHIELD 22 VETERANS SPECIAL LICENSE PLATES, OPERATION 23 ENDURING FREEDOM VETERAN SPECIAL LICENSE 24 PLATES, OPERATION IRAQI FREEDOM VETERAN 25 SPECIAL LICENSE PLATES, HISTORIC SPECIAL MOTOR 26 VEHICLE SPECIAL LICENSE PLATES, SOUTH CAROLINA 27 WILDLIFE FEDERATION SPECIAL LICENSE PLATES, 28 20102011 NATIONAL CHAMPIONS SPECIAL LICENSE 29 PLATES, MOTORCYCLE AWARENESS ALLIANCE SPECIAL 30 LICENSE PLATES, SOUTH CAROLINA STANDS WITH 31 ISRAEL SPECIAL LICENSE PLATES, A MOTOR VEHICLE 32 DRIVER’S FAILURE TO STOP WHEN SIGNALED BY A 33 LAW ENFORCEMENT VEHICLE, OPERATING A VEHICLE 34 WHILE UNDER THE INFLUENCE OF ALCOHOL OR 35 DRUGS, DRIVING WITH AN UNLAWFUL ALCOHOL 36 CONCENTRATION, AND THE IMMOBILIZATION OF 37 CERTAIN VEHICLES, ALL SO AS TO SUBSTITUTE THE 38 TERM “DEPARTMENT OF MOTOR VEHICLES” FOR THE 39 TERM “COMPTROLLER GENERAL”, AND TO MAKE 40 TECHNICAL CHANGES. 41 42 Be it enacted by the General Assembly of the State of South 43 Carolina:
[3271] 5 1 2 SECTION 1. Section 561148(D) of the 1976 Code, as last 3 amended by Act 275 of 2016, is further amended to read: 4 5 “(D) The department shall charge a fee of fifty dollars for 6 affixing the identifying code provided in subsection (B). This fee 7 is in addition to the fee provided for in Section 561140. This fee 8 must be placed by the Comptroller General department into the 9 State Highway Fund as established by Section 571120, to be 10 distributed as provided in Section 1143167.” 11 12 SECTION 2. Section 561170(B)(3) of the 1976 Code, as last 13 amended by Act 275 of 2016, is further amended to read: 14 15 “(3) The fee for each special restricted driver’s license is one 16 hundred dollars, but no additional fee is due because of changes in 17 the place and hours of employment, education, or residence. Of 18 this fee, twenty dollars must be distributed to the general fund and 19 eighty dollars must be placed by the Comptroller General 20 Department of Motor Vehicles into the State Highway Fund as 21 established by Section 571120, to be distributed as provided in 22 Section 1143167.” 23 24 SECTION 3. Section 561171(C) of the 1976 Code, as added by 25 Act 46 of 2007, is amended to read: 26 27 “(C) The fee for a special routerestricted driver’s license is one 28 hundred dollars, but no additional fee is due because of changes in 29 the place and hours of employment, education, or residence. 30 Twenty dollars of this fee must be deposited in the state general 31 fund and eighty dollars must be placed by the Comptroller General 32 department into a special restricted account to be used by the 33 Department of Motor Vehicles to defray the its expenses of the 34 Department of Motor Vehicles.” 35 36 SECTION 4. Section 561220(B) of the 1976 Code, as last 37 amended by Act 275 of 2016, is further amended to read: 38 39 “(B) During the fifth year of a tenyear license, the licensee must 40 submit by mail to the department a certificate from an 41 ophthalmologist or optometrist licensed in any state or appear in 42 person at a department office to complete a vision screening. If a 43 licensee fails to submit a certificate or fails to appear in person, the
[3271] 6 1 licensee must be fined fifty dollars. The department shall waive the 2 fine if the person completes the requirements of this section within 3 ninety days after the end of the fifth year of a tenyear license. This 4 fine must be placed by the Comptroller General Department of 5 Motor Vehicles into the State Highway Fund as established by 6 Section 571120, to be distributed as provided in Section 1143167.” 7 8 SECTION 5. The first paragraph of Section 561286(D) of the 9 1976 Code, as last amended by Act 201 of 2008, is further 10 amended to read: 11 12 “(D) A test must be administered at the direction of the primary 13 investigating law enforcement officer. At the officer’s direction, 14 the person first must be offered a breath test to determine the 15 person’s alcohol concentration. If the person physically is unable 16 to provide an acceptable breath sample because the person has an 17 injured mouth or is unconscious or dead, or for any other reason 18 considered acceptable by licensed medical personnel, a blood 19 sample may be taken. The breath test must be administered by a 20 person trained and certified by the South Carolina Criminal Justice 21 Academy, pursuant to the State Law Enforcement Division’s 22 policies. The primary investigating officer may administer the test. 23 Blood samples must be obtained by physicians licensed by the 24 State Board of Medical Examiners, registered nurses licensed by 25 the State Board of Nursing, or other medical personnel trained to 26 obtain these samples in a licensed medical facility. Blood samples 27 must be obtained and handled in accordance with procedures 28 approved by the division. The division shall administer the 29 provisions of this subsection and shall promulgate regulations 30 necessary to carry out the subsection’s provisions. The costs of the 31 tests administered at the officer’s direction must be paid from the 32 State’s general fund. However, if the person is subsequently 33 convicted of violating Section 5652930, 5652933, or 5652945, 34 then, upon conviction, the person shall pay twentyfive dollars for 35 the costs of the tests. The twentyfive dollars must be placed by the 36 Comptroller General Department of Motor Vehicles into a special 37 restricted account to be used by the State Law Enforcement 38 Division to offset the costs of administration of the breath testing 39 devices, breath testing site video program, and toxicology 40 laboratory.” 41 42 SECTION 6. Section 561390(2) of the 1976 Code, as last 43 amended by Act 275 of 2016, is further amended to read:
[3271] 7 1 2 “(2) The fees collected by the Department of Motor Vehicles 3 under this provision must be distributed as follows: seventy dollars 4 must be placed by the Comptroller General department into the 5 State Highway Fund as established by Section 571120, to be 6 distributed as provided in Section 1143167, and one dollar must be 7 credited to the ‘Keep South Carolina Beautiful Fund’ established 8 pursuant to Section 5633950. From the ‘Keep South Carolina 9 Beautiful Fund’, the Department of Transportation shall expend 10 funds necessary to employ, within the Department of 11 Transportation, a person with training in horticulture to administer 12 a program for beautifying the rightsofway along state highways 13 and roads. The remainder of the fees collected pursuant to this 14 section must be credited to the Department of Transportation State 15 NonFederal Aid Highway Fund.” 16 17 SECTION 7. Section 561395(G) of the 1976 Code, as last 18 amended by Act 275 of 2016, is further amended to read: 19 20 “(G) The payment program administrative fee of thirtyfive 21 dollars must be placed by the Comptroller General department into 22 the State Highway Fund as established by Section 571120, to be 23 distributed as provided in Section 1143167.” 24 25 SECTION 8. Section 561400(A) of the 1976 Code, as last 26 amended by Act 275 of 2016, is further amended to read: 27 28 “(A) The Department of Motor Vehicles, upon suspending or 29 revoking a license, shall require that the license be surrendered to 30 the department. At the end of the suspension period, other than a 31 suspension for reckless driving, driving under the influence of 32 intoxicants, driving with an unlawful alcohol concentration, felony 33 driving under the influence of intoxicants, or pursuant to the point 34 system, the department shall issue a new license to the person. If 35 the person has not held a license within the previous nine months, 36 the department shall not issue or restore a license which has been 37 suspended for reckless driving, driving under the influence of 38 intoxicants, driving with an unlawful alcohol concentration, felony 39 driving under the influence of intoxicants, or for violations under 40 the point system, until the person has filed an application for a new 41 license, submitted to an examination as upon an original 42 application, and satisfied the department, after an investigation of 43 the person’s driving ability, that it would be safe to grant the
[3271] 8 1 person the privilege of driving a motor vehicle on the public 2 highways. The department, in the department’s discretion, where 3 the suspension is for a violation under the point system, may waive 4 the examination, application, and investigation. A record of the 5 suspension must be endorsed on the license issued to the person, 6 showing the grounds of the suspension. If a person is permitted to 7 operate a motor vehicle only with an ignition interlock device 8 installed pursuant to Section 5652941, the restriction on the license 9 issued to the person must conspicuously identify the person as a 10 person who only may drive a motor vehicle with an ignition 11 interlock device installed, and the restriction must be maintained 12 on the license for the duration of the period for which the ignition 13 interlock device must be maintained pursuant to Sections 561286, 14 5652945, and 5652947 except if the conviction was for Section 15 565750, 5652951, or 5652990. For purposes of Title 56, the 16 license must be referred to as an ignition interlock restricted 17 license. The fee for an ignition interlock restricted license is one 18 hundred dollars, which shall be placed by the Comptroller General 19 department into the State Highway Fund as established by Section 20 571120, to be distributed as provided in Section 1143167. Unless 21 the person establishes that the person is entitled to the exemption 22 set forth in subsection (B), no ignition interlock restricted license 23 may be issued by the department without written notification from 24 the authorized ignition interlock service provider that the ignition 25 interlock device has been installed and confirmed to be in working 26 order. If a person chooses to not have an ignition interlock device 27 installed when required by law, the license will remain suspended 28 indefinitely. If the person subsequently decides to have the ignition 29 interlock device installed, the device must be installed for the 30 length of time set forth in Sections 561286, 5652945, and 5652947 31 except if the conviction was for Section 565750, 5652951, or 32 5652990. This provision does not affect nor bar the reckoning of 33 prior offenses for reckless driving and driving under the influence 34 of intoxicating liquor or narcotic drugs, as provided in Article 23, 35 Chapter 5 of this title.” 36 37 SECTION 9. Section 561460(A)(1)(e)(iii) of the 1976 Code, as 38 last amended by Act 275 of 2016, is further amended to read: 39 40 “(iii) The fee for a route restricted driver’s license issued 41 pursuant to this item is one hundred dollars, but no additional fee 42 is due when changes occur in the place and hours of employment, 43 education, or residence. Of this fee, eighty dollars must be placed
[3271] 9 1 by the Comptroller General Department of Motor Vehicles into the 2 State Highway Fund as established by Section 571120, to be 3 distributed as provided in Section 1143167. The remainder of the 4 fees collected pursuant to this item must be credited to the 5 Department of Transportation State NonFederal Aid Highway 6 Fund.” 7 8 SECTION 10. Section 561550 of the 1976 Code, as last 9 amended by Act 275 of 2016, is further amended to read: 10 11 “Section 561550. The Department of Motor Vehicles may 12 collect a fee not to exceed twenty dollars per document to expedite 13 a request for copies of documents and records it maintains. This 14 fee is in addition to the normal fees associated with the request. 15 Expedited requests must be available within seventytwo hours of 16 receipt of the request and standard requests within thirty days. 17 Nothing in this section may be construed as circumventing the 18 requirements of Section 30430 of the Freedom of Information Act. 19 The funds collected pursuant to this section must be placed by the 20 Comptroller General department into the State Highway Fund as 21 established by Section 571120, to be distributed as provided in 22 Section 1143167.” 23 24 SECTION 11. Section 561740(B)(3) of the 1976 Code, as last 25 amended by Act 275 of 2016, is further amended to read: 26 27 “(3) The fee for each special restricted driver’s license is one 28 hundred dollars, but no additional fee is due because of changes in 29 the place and hours of employment, education, or residence. Of 30 this fee, eighty dollars must be placed by the Comptroller General 31 Department of Motor Vehicles into the State Highway Fund as 32 established by Section 571120, to be distributed as provided in 33 Section 1143167. The remainder of the fees collected pursuant to 34 this section must be credited to the Department of Transportation 35 State NonFederal Aid Highway Fund.” 36 37 SECTION 12. Section 561746(D)(3) of the 1976 Code, as last 38 amended by Act 275 of 2016, is further amended to read: 39 40 “(3) The fee for a special restricted driver’s license is one 41 hundred dollars, but no additional fee is due because of changes in 42 the place and hours of employment, education, or residence. 43 Twenty dollars of this fee must be deposited in the state general
[3271] 10 1 fund and eighty dollars must be placed by the Comptroller General 2 Department of Motor Vehicles into the State Highway Fund as 3 established by Section 571120, to be distributed as provided in 4 Section 1143167.” 5 6 SECTION 13. Section 5612080(A)(1) of the 1976 Code, as last 7 amended by Act 275 of 2016, is further amended to read: 8 9 “(1) A person may not be issued a commercial driver’s license 10 unless that person is a resident of this State and has passed a 11 knowledge and skills test for driving a commercial motor vehicle 12 which complies with the minimum federal standards established by 13 49 C.F.R. Part 383, subparts F, G, and H and has satisfied all other 14 requirements of the CMVSA as well as any other requirements 15 imposed by state law or federal regulation. The tests must be 16 prescribed and conducted by the department. The first commercial 17 driver’s license skills test administered by the department to an 18 individual is free of charge; thereafter, the Department of Motor 19 Vehicles is authorized to charge a fee of twentyfive dollars for 20 each subsequent commercial driver’s license skills test 21 administered to that individual. State agency and school district 22 employees who are required to possess a commercial driver’s 23 license in the course of their normal job duties are exempt from 24 this requirement. This fee must be placed into the State Highway 25 Fund as established by Section 571120, to be distributed as 26 provided in Section 1143167 by the Comptroller General.” 27 28 SECTION 14. Section 563210(B) of the 1976 Code, as last 29 amended by Act 275 of 2016, is further amended to read: 30 31 “(B) The Department of Motor Vehicles or the county auditor’s 32 office must, upon proper application, issue a temporary license 33 plate designed by the Department of Motor Vehicles to a casual 34 seller or buyer of a vehicle pursuant to subsection (A) of this 35 section. The county auditor’s office may obtain temporary license 36 plates from the Department of Motor Vehicles. If the applicant is a 37 casual buyer of a vehicle, the Department of Motor Vehicles or the 38 county auditor’s office must insert clearly and indelibly on the face 39 of the temporary license plate the date of expiration and other 40 information the Department of Motor Vehicles may require. If the 41 applicant is the casual seller of a vehicle, at the time of the sale, he 42 must insert clearly and indelibly on the face of the temporary 43 license plate the date of expiration and other information the
[3271] 11 1 Department of Motor Vehicles may require. The expiration date 2 may not extend beyond fortyfive days from the vehicle’s date of 3 purchase. Neither the casual seller nor the casual buyer may place 4 the temporary license plate on the vehicle until the sale has been 5 completed. The bill of sale, title, rental contract, or a copy of either 6 document must be maintained in the vehicle at all times to verify 7 the vehicle’s date of purchase to a law enforcement officer. The 8 bill of sale, title, rental contract, or a copy of either document must 9 provide a description of the vehicle, the name and address of both 10 the seller and purchaser of the vehicle, and its date of sale. A 11 casual seller who issues a temporary license plate or allows a 12 temporary license plate to be issued in violation of this subsection 13 is guilty of a misdemeanor and, upon conviction, must be fined 14 one hundred dollars for each occurrence. The Department of Motor 15 Vehicles may charge a five dollar fee for the temporary license 16 plate which the Comptroller General department must place into 17 the State Highway Fund as established by Section 571120, to be 18 distributed as provided in Section 1143167. The county auditor’s 19 office also may charge a five dollar fee for the temporary license 20 plate to defray the expenses of the county auditor’s office 21 associated with the production and issuance of the temporary 22 license plates.” 23 24 SECTION 15. Section 563355 of the 1976 Code, as last 25 amended by Act 275 of 2016, is further amended to read: 26 27 “Section 563355. The Department of Motor Vehicles must 28 suspend, revoke, or not issue a registration card and license plate 29 to a person for a commercial motor vehicle greater than twentysix 30 thousand pounds which operates with an apportioned license plate 31 if the commercial motor carrier who is responsible for the safety of 32 the vehicle has been prohibited from operating by a federal agency. 33 The registrant must promptly surrender to the department any item 34 suspended or revoked under this section. If the registrant 35 unlawfully refuses to surrender the suspended or revoked items as 36 required under this section, the department, through its designated 37 agents or by request to a county or municipal law enforcement 38 agency, shall take possession of the suspended or revoked license 39 plate and registration card. A registration card or license plate may 40 not be reissued for that vehicle until the motor carrier has been 41 allowed to operate by a federal agency or the vehicle is properly 42 transferred to a motor carrier that is not prohibited from operating 43 by a federal agency. Before a suspended vehicle registration card
[3271] 12 1 can be reinstated, a fee of fifty dollars for each registration card 2 suspension must be paid to the department. The fifty dollar fee 3 must be placed in the State Highway Fund as established by 4 Section 571120, to be distributed as provided in Section 1143167 5 by the Comptroller General.” 6 7 SECTION 16. Section 563662 of the 1976 Code is amended to 8 read: 9 10 “Section 563662. The Department of Motor Vehicles shall 11 charge a fee of five dollars for each identifier. The fivedollar 12 identifier fee must be remitted to the general fund. The Department 13 of Motor Vehicles may promulgate regulations pursuant to this 14 section. The fivedollar fee collected pursuant to this section must 15 be placed in a special restricted account by the Comptroller 16 General Department of Motor Vehicles to be used by the 17 Department of Public Safety for the administration and 18 enforcement of the provisions contained in Articles 3 and 5, 19 Chapter 23, Title 58, and for the building or renovation of weigh 20 stations. All unexpended funds from prior years collected under 21 this section may be retained and carried forward by the 22 Department of Public Safety and used for these purposes.” 23 24 SECTION 17. Section 5631230(A) of the 1976 Code, as last 25 amended by Act 57 of 2005, is further amended to read: 26 27 “(A) License plates must be at least six inches wide and not less 28 than twelve inches in length and must show in bold characters the 29 year of registration, the serial number, the full name or the 30 abbreviation of the name of the State, and other distinctive 31 markings the department may consider advisable to indicate the 32 class of the weight of the vehicle for which the license plate was 33 issued. The plate must be of a strength and quality to provide a 34 minimum service of five years. A new license plate including 35 personalized and special plates, but excluding license plates 36 provided in Sections 563660 and 563670, must be provided by the 37 department at intervals the department considers appropriate, but 38 at least every six years. A new license plate for vehicles contained 39 in Sections 563660 and 563670 must be provided by the 40 department at intervals the department considers appropriate. 41 Beginning with the vehicle registration and license fees required 42 by this title which are collected after July 1, 2002, except for the 43 fees collected pursuant to Sections 563660 and 563670, two
[3271] 13 1 dollars of each biennial fee and one dollar of each annual fee 2 collected from the vehicle owner must be placed by the 3 Comptroller General department in a special restricted account to 4 be used solely by the Department of Motor Vehicles department 5 for the costs associated with the production and issuance of new 6 license plates. The department is not authorized to use this set 7 aside money for any other purpose. License plates issued for 8 vehicles in excess of twentysix thousand pounds must be issued 9 biennially, and no revalidation sticker may be issued for the plates. 10 License plates issued as permanent may be revalidated and 11 replaced at intervals determined by the department.” 12 13 SECTION 18. Section 5631290 of the 1976 Code, as last 14 amended by Act 275 of 2016, is further amended to read: 15 16 “Section 5631290. The Department of Motor Vehicles, upon 17 application and the payment of a fee of ten dollars, shall transfer 18 the license plate assigned for one vehicle to another vehicle of the 19 same general type owned or leased by the same person without a 20 paid tax receipt for the vehicle. However, subsequent transfers of a 21 license plate to the same vehicle may not be processed without a 22 paid tax receipt based upon the value of the vehicle to which the 23 plate is being transferred. Three dollars of the fees paid pursuant to 24 this section must be deposited in the state general fund, and the 25 remaining seven dollars must be placed by the Comptroller 26 General department into the State Highway Fund as established by 27 Section 571120, to be distributed as provided in Section 1143167.” 28 29 SECTION 19. Section 5631335 of the 1976 Code, as last 30 amended by Act 275 of 2016, is further amended to read: 31 32 “Section 5631335. The Department of Motor Vehicles shall 33 suspend a motor vehicle’s current registration and shall not register 34 or reregister a motor vehicle that was operated when its driver 35 failed to pay a toll and whose owner has an outstanding judgment 36 for failure to pay a toll pursuant to Section 5751495(E) entered 37 against him. The suspension or denial of registration or 38 reregistration shall remain in effect until the judgment is satisfied, 39 evidence of the satisfaction has been provided to the Department 40 of Motor Vehicles, and a reinstatement fee of fifty dollars has been 41 paid. The reinstatement fee collected must be placed by the 42 Comptroller General department into the State Highway Fund as
[3271] 14 1 established by Section 571120, to be distributed as provided in 2 Section 1143167.” 3 4 SECTION 20. Section 5632545 of the 1976 Code, as added by 5 Act 200 of 2002, is amended to read: 6 7 “Section 5632545. Of the fees collected pursuant to this section, 8 the Comptroller General Department of Motor Vehicles shall place 9 sufficient funds into a special restricted account to be used by the 10 Department of Motor Vehicles department to defray the its 11 expenses of the Department of Motor Vehicles in producing and 12 administering this special license plate. The remaining fees 13 collected pursuant to this section must be credited to the South 14 Carolina Conservation Bank Trust Fund established pursuant to 15 Section 485960 of the 1976 Code.” 16 17 SECTION 21. Section 5633500(B) of the 1976 Code, as last 18 amended by Act 275 of 2016, is further amended to read: 19 20 “(B) Notwithstanding any other provision of law, from the fees 21 collected pursuant to this section, the Comptroller General 22 department shall place sufficient funds into the State Highway 23 Fund as established by Section 571120, to be distributed as 24 provided in Section 1143167, an amount equal to the expenses of 25 the Department of Motor Vehicles department in producing and 26 administering the special license plates. The remaining funds 27 collected from the special motor vehicle license fee must be 28 distributed to Penn Center, Inc., to support its activities.” 29 30 SECTION 22. Section 5633600(B) of the 1976 Code, as last 31 amended by Act 275 of 2016, is further amended to read: 32 33 “(B) Of the fees collected pursuant to this section, the 34 Comptroller General department shall place sufficient funds into 35 the State Highway Fund as established by Section 571120, to be 36 distributed as provided in Section 1143167, an amount equal to the 37 expenses of the Department of Motor Vehicles department in 38 producing and administering this special license plate. The 39 remaining funds collected from the special motor vehicle license 40 fee must be distributed to the South Carolina Nurses Foundation to 41 endow scholarships for all of the state’s registered nursing 42 programs.” 43
[3271] 15 1 SECTION 23. Section 5633800(A) of the 1976 Code, as last 2 amended by Act 347 of 2008, is further amended to read: 3 4 “(A) The Department of Motor Vehicles may issue motor 5 vehicle license plates to members of the American Legion for 6 private motor vehicles and motorcycles registered in their names. 7 The fee for this special license plate must be the regular motor 8 vehicle license fee contained in Article 5, Chapter 3 of this title, 9 the special fee required by Section 5632020, and an additional 10 special fee of forty dollars that must be distributed to the South 11 Carolina American Legion. The fortydollar special fee must be 12 deposited in an account designated by the South Carolina 13 American Legion, and must be used to offset the expenses 14 associated with the South Carolina Boys and Girls State Program. 15 Notwithstanding any other provision of law, of the fees collected 16 in accordance with Section 5632020 for the special license plate, 17 the Comptroller General department shall place sufficient funds 18 into a special restricted account to be used by the Department of 19 Motor Vehicles department to defray the expenses of the 20 Department of Motor Vehicles department in producing and 21 administering the special plate. The license plates issued pursuant 22 to this section must conform to a design agreed to by the 23 department and the chief executive officer of the organization.” 24 25 SECTION 24. Section 5633950 of the 1976 Code, as last 26 amended by Act 275 of 2016, is further amended to read: 27 28 “Section 5633950. The department may issue a special 29 commemorative ‘Keep It Beautiful’ motor vehicle license plate for 30 use by owners on their private passenger motor vehicles to 31 establish a special fund to be used by the Department of 32 Transportation for the purposes of enhancing the state’s roads and 33 highways. These enhancements may include landscaping, 34 wildflower plantings, scenic easements, or other highway 35 enhancement projects. The Department of Transportation, in 36 implementing this program, may not expend beautification funds 37 for wildflowers without prior approval of the South Carolina 38 Department of Agriculture. The Department of Agriculture shall 39 ensure, before granting approval, that the varieties of wildflowers 40 used in beautification are not harmful to agriculture at or near a 41 proposed project. The biennial fee for the commemorative license 42 plate is fiftyfour dollars. Notwithstanding any other provision of 43 law, of the fees collected for this special license plate, the
[3271] 16 1 Comptroller General department shall place into the State 2 Highway Fund as established by Section 571120, to be distributed 3 as provided in Section 1143167, an amount equal to the 4 department’s expenses in producing and administering this special 5 license plate. Any remaining funds must be placed in a special 6 ‘Highway Beautification Fund’ established within and 7 administered by the Department of Transportation. This biennial 8 fee is in addition to the regular motor vehicle registration fee set 9 forth in Article 5, Chapter 7 of this title. The commemorative plate 10 must be of the same size and general design of regular motor 11 vehicle license plates and must be imprinted with the words ‘Keep 12 It Beautiful’. The plates must be issued or revalidated for a 13 biennial period which expires twentyfour months from the month 14 they are issued.” 15 16 SECTION 25. Section 5634100(B) of the 1976 Code, as last 17 amended by Act 275 of 2016, is further amended to read: 18 19 “(B) Notwithstanding any other provision of law, of the fees 20 collected for the special license plate, the Comptroller General 21 Department of Motor Vehicles shall place into the State Highway 22 Fund as established by Section 571120, to be distributed as 23 provided in Section 1143167, an amount equal to the expenses of 24 the Department of Motor Vehicles department in producing and 25 administering the special license plate. Any remaining funds must 26 be deposited in a special account, separate and apart from the 27 general fund, designated for use by the South Carolina Elks 28 Association to be used to support its Alzheimer’s state project.” 29 30 SECTION 26. Section 5634200(C) of the 1976 Code, as last 31 amended by Act 275 of 2016, is further amended to read: 32 33 “(C) Notwithstanding another provision of law, from the fees 34 collected pursuant to this section, the Comptroller General 35 Department of Motor Vehicles shall place into the State Highway 36 Fund as established by Section 571120, to be distributed as 37 provided in Section 1143167, an amount equal to the expenses of 38 the department in producing and administering the plates. The 39 remaining funds collected from the special motor vehicle license 40 fee must be distributed to the South Carolina Department of Parks, 41 Recreation and Tourism and used by the State Park Service for 42 recreational enhancements and improvements.” 43
[3271] 17 1 SECTION 27. Section 5634410(B) of the 1976 Code, as last 2 amended by Act 275 of 2016, is further amended to read: 3 4 “(B) Notwithstanding any other provision of law, from the fees 5 collected pursuant to this section, the Comptroller General 6 Department of Motor Vehicles shall place into the State Highway 7 Fund as established by Section 571120, to be distributed as 8 provided in Section 1143167, an amount equal to the expenses of 9 the Department of Motor Vehicles in producing and administering 10 the special license plates. The remaining funds collected from the 11 special motor vehicle license fee must be distributed to the 12 Palmetto Cycling Coalition, Inc., or another nonprofit fund 13 designated by the Palmetto Cycling Coalition, Inc., for the 14 promotion of bicycling safety and education programs. Any 15 remaining funds must be administered by the Palmetto Cycling 16 Coalition, Inc., used only for efforts to promote bicycle safety and 17 education programs, and deposited in an appropriate nonprofit 18 account designated by the Palmetto Cycling Coalition, Inc.” 19 20 SECTION 28. Section 5634510(C) of the 1976 Code, as last 21 amended by Act 275 of 2016, is further amended to read: 22 23 “(C) Of the fees collected pursuant to this section, the 24 Comptroller General department shall place into the State 25 Highway Fund as established by Section 571120, to be distributed 26 as provided in Section 1143167, an amount equal to the expenses 27 of the department in producing and administering this special 28 license plate collection. The remaining funds collected from each 29 special motor vehicle license plate fee must be deposited in the 30 Game Protection Fund provided for in Title 50.” 31 32 SECTION 29. Section 5634600(B) of the 1976 Code, as last 33 amended by Act 275 of 2016, is further amended to read: 34 35 “(B) Notwithstanding any other provision of law, from the fees 36 collected pursuant to this section, the Comptroller General shall 37 place into the State Highway Fund as established by Section 38 571120, to be distributed as provided in Section 1143167, an 39 amount equal to the expenses of the Department of Motor Vehicles 40 in producing and administering the special license plates. The 41 remaining funds collected from the special motor vehicle license 42 fee must be administered by the South Carolina Association of 43 Realtors and deposited in an appropriate nonprofit account
[3271] 18 1 designated by the association for distribution to Habitat for 2 Humanity International or another nonprofit fund designated by 3 the association for the construction of new homes for low income 4 families in South Carolina.” 5 6 SECTION 30. Section 5634800(B) of the 1976 Code, as last 7 amended by Act 275 of 2016, is further amended to read: 8 9 “(B) Of the fees collected pursuant to this section, the 10 Comptroller General department shall place into the State 11 Highway Fund as established by Section 571120, to be distributed 12 as provided in Section 1143167, an amount equal to the expenses 13 of the department in producing and administering this special 14 license plate. The remaining funds collected from the special 15 motor vehicle license fee must be distributed to the South Carolina 16 Division of the Sons of Confederate Veterans.” 17 18 SECTION 31. Section 5635400(B) of the 1976 Code, as last 19 amended by Act 275 of 2016, is further amended to read: 20 21 “(B) Of the fees collected pursuant to this section, the 22 Comptroller General department shall place the regular motor 23 vehicle license fee into the State Highway Fund as established by 24 Section 571120, to be distributed as provided in Section 1143167. 25 The remaining funds collected from the special motor vehicle 26 license fee must be distributed to the State Lodge of the Fraternal 27 Order of Police to be used to support the families of officers killed 28 in the line of duty.” 29 30 SECTION 32. Section 5636000(B) of the 1976 Code, as last 31 amended by Act 272 of 2012, is further amended to read: 32 33 “(B) Notwithstanding any other provision of law, from the fees 34 collected pursuant to this section, the Comptroller General 35 department shall place sufficient funds into a special restricted 36 account to be used by the Department of Motor Vehicles 37 department to defray the its expenses of the Department of Motor 38 Vehicles in producing and administering the special license plates. 39 The remaining funds collected from the special motor vehicle 40 license plate fee must be disbursed in equal amounts to the various 41 county Veterans’ Administration offices to be used for operational 42 expenses.” 43
[3271] 19 1 SECTION 33. Section 5636500 of the 1976 Code, as added by 2 Act 398 of 2006, is amended to read: 3 4 “Section 5636500. The Department of Motor Vehicles may 5 issue ‘United States Naval Academy’ special license plates to 6 owners of private passenger motor vehicles registered in their 7 names. The applicant must be a graduate of the United States 8 Naval Academy. The requirements for production and distribution 9 of the plate are those set forth in Section 5638100. The biennial fee 10 for this plate is the regular registration fee set forth in Article 5, 11 Chapter 3 of this title plus an additional fee of thirty dollars. Any 12 portion of the additional thirtydollar fee not set aside by the 13 Comptroller General department to defray the costs of production 14 and distribution must be distributed to the United States Naval 15 Academy Alumni Association.” 16 17 SECTION 34. Section 5637050 of the 1976 Code, as added by 18 Act 398 of 2006, is amended to read: 19 20 “Section 5637050. The Department of Motor Vehicles may 21 issue ‘United States Air Force Academy’ special license plates to 22 owners of private passenger motor vehicles registered in their 23 names. The applicant must be a graduate of the United States Air 24 Force Academy. The requirements for production and distribution 25 of the plate are those set forth in Section 5638100. The biennial fee 26 for this plate is the regular registration fee set forth in Article 5, 27 Chapter 3 of this title plus an additional fee of thirty dollars. Any 28 portion of the additional thirtydollar fee not set aside by the 29 Comptroller General department to defray the costs of production 30 and distribution must be distributed to the United States Air Force 31 Academy Alumni Association.” 32 33 SECTION 35. Section 5637200(B) of the 1976 Code, as last 34 amended by Act 275 of 2016, is further amended to read: 35 36 “(B) Of the fees collected pursuant to this section, the 37 Comptroller General department shall place into the State 38 Highway Fund as established by Section 571120, to be distributed 39 as provided in Section 1143167, an amount equal to the expenses 40 of the department in producing and administering this special 41 license plate. The remaining funds collected from the special 42 motor vehicle license fee must be deposited in a separate fund for
[3271] 20 1 the South Carolina Arts Commission and be used solely to support 2 activities that build a thriving arts environment in South Carolina.” 3 4 SECTION 36. Section 5637300(B) of the 1976 Code, as last 5 amended by Act 275 of 2016, is further amended to read: 6 7 “(B) Notwithstanding any other provision of law, from the fees 8 collected pursuant to this section, the Comptroller General 9 Department of Motor Vehicles shall place into the State Highway 10 Fund as established by Section 571120, to be distributed as 11 provided in Section 1143167, an amount equal to the expenses of 12 the Department of Motor Vehicles in producing and administering 13 the special license plates. The remaining funds collected from the 14 special motor vehicle license fee must be deposited in a special 15 account, separate and apart from the general fund, established 16 within and administered by the Department of Natural Resources 17 to manage and conserve the marine resources of the State.” 18 19 SECTION 37. Section 5637310 of the 1976 Code, as last 20 amended Act 275 of 2016, is further amended to read: 21 22 “Section 5637310. The Department of Motor Vehicles may 23 issue ‘Support Our Troops’ special license plates to owners of 24 private passenger motor vehicles registered in their names. The 25 requirements for production and distribution of the plate are those 26 set forth in Section 5638100. The biennial fee for this plate is the 27 regular registration fee set forth in Article 5, Chapter 3 of this title 28 plus an additional fee of thirty dollars. The Comptroller General 29 department shall place into the State Highway Fund as established 30 by Section 571120, to be distributed as provided in Section 31 1143167, an amount equal to defray costs of production and 32 distribution. Any portion of the additional thirty dollar fee not 33 placed in the State Highway Fund by the Comptroller General 34 department must be distributed to Support Our Troops, Inc.” 35 36 SECTION 38. Section 5637320 of the 1976 Code, as last 37 amended by Act 275 of 2016, is further amended to read: 38 39 “Section 5637320. The Department of Motor Vehicles may 40 issue ‘Emergency Medical Service’ special license plates to 41 owners of private passenger motor vehicles registered in their 42 names. The requirements for production and distribution of the 43 plate are those set forth in Section 5638100. The biennial fee for
[3271] 21 1 this plate is the regular registration fee set forth in Article 5, 2 Chapter 3 of this title plus an additional fee of thirty dollars. The 3 Comptroller General department shall place into the State 4 Highway Fund as established by Section 571120, to be distributed 5 as provided in Section 1143167, an amount equal to the 6 department’s costs of production and distribution. Any portion of 7 the additional thirtydollar fee not placed in the State Highway 8 Fund by the Comptroller General must be distributed to the South 9 Carolina Emergency Medical Services Association.” 10 11 SECTION 39. Section 5637330(A) of the 1976 Code, as last 12 amended by Act 272 of 2012, is further amended to read: 13 14 “(A) The Department of Motor Vehicles may issue ‘Boy Scouts 15 of America’ special license plates to owners of private passenger 16 motor vehicles, as defined in Section 563630, or motorcycles as 17 defined in Section 56320, registered in their names. The 18 requirements for production, collection, and distribution of fees for 19 the plate are those set forth in Section 5638100. The biennial fee 20 for this plate is the regular registration fee set forth in Article 5, 21 Chapter 3 of this title plus an additional fee of thirty dollars. Any 22 portion of the additional thirtydollar fee not set aside by the 23 Comptroller General department to defray costs of production and 24 distribution must be distributed to the South Carolina Indian 25 Waters Council, Boy Scouts of America, to then be distributed to 26 the other five Boy Scout councils serving counties in South 27 Carolina.” 28 29 SECTION 40. Section 5637330(B)(2) of the 1976 Code, as last 30 amended by Act 275 of 2016, is further amended to read: 31 32 “(2) Of the fees collected pursuant to this section, the 33 Comptroller General Department of Motor Vehicles shall place 34 into the State Highway Fund as established by Section 571120, to 35 be distributed as provided in Section 1143167, an amount equal to 36 the cost of production. That portion of the fees collected pursuant 37 to this section in excess of the cost of production must be 38 distributed to the South Carolina Indian Waters Council, Boy 39 Scouts of America, to then be distributed to the other five Boy 40 Scout councils serving counties in South Carolina.” 41 42 SECTION 41. Section 5637340 of the 1976 Code, as added by 43 Act 398 of 2006, is amended to read:
[3271] 22 1 2 “Section 5637340. (A) The Department of Motor Vehicles may 3 issue ‘Native American’ special license plates to owners of private 4 passenger motor vehicles registered in their names. The 5 requirements for production and distribution of the plate are those 6 set forth in Section 5638100. The biennial fee for this plate is the 7 regular registration fee set forth in Article 5, Chapter 3 of this title 8 plus an additional fee of thirty dollars. Any portion of the 9 additional thirtydollar fee not set aside by the Comptroller General 10 department to defray costs of production and distribution must be 11 distributed to the Native American Prison Program of South 12 Carolina.” 13 14 SECTION 42. Section 5637350 of the 1976 Code, as added by 15 Act 398 of 2006, is amended to read: 16 17 “Section 5637350. The Department of Motor Vehicles may 18 issue ‘South Carolina Peach Council’ special license plates to 19 owners of private passenger motor vehicles registered in their 20 names. The requirements for production and distribution of the 21 plate are those set forth in Section 5638100. The biennial fee for 22 this plate is the regular registration fee set forth in Article 5, 23 Chapter 3 of this title plus an additional fee of seventy dollars. Any 24 portion of the additional seventydollar fee not set aside by the 25 Comptroller General department to defray costs of production and 26 distribution must be distributed to the South Carolina Peach 27 Council.” 28 29 SECTION 43. Section 5637370 of the 1976 Code, as added by 30 Act 398 of 2006, is amended to read: 31 32 “Section 5637370. The Department of Motor Vehicles may 33 issue ‘Cancer Research Centers of the Carolinas’ special license 34 plates to owners of private passenger motor vehicles registered in 35 their names. The requirements for production and distribution of 36 the plate are those set forth in Section 5638100. The biennial fee 37 for this plate is the regular registration fee set forth in Article 5, 38 Chapter 3 of this title plus an additional fee of fifteen dollars. Any 39 portion of the additional fifteendollar fee not set aside by the 40 Comptroller General department to defray costs of production and 41 distribution must be distributed to the Mary Crawley Medical 42 Cancer Research Foundation to provide funding for the Cancer 43 Research Centers of the Carolinas.”
[3271] 23 1 2 SECTION 44. Section 5637780(B) of the 1976 Code, as last 3 amended by Act 275 of 2016, is further amended to read: 4 5 “(B) Notwithstanding any other provision of law, from the fees 6 collected pursuant to this section, the Comptroller General 7 department shall place into the State Highway Fund as established 8 by Section 571120, to be distributed as provided in Section 9 1143167, an amount equal to the expenses of the department in 10 producing and administering the special license plates. The 11 remaining funds collected from the special motor vehicle license 12 fee must be placed in the state’s general fund.” 13 14 SECTION 45. Section 5637800 of the 1976 Code, as added by 15 Act 398 of 2006, is amended to read: 16 17 “Section 5637800. The Department of Motor Vehicles may 18 issue ‘South Carolina Aquarium’ special license plates to owners 19 of private passenger motor vehicles registered in their names. The 20 requirements for production and distribution of the plate are those 21 set forth in Section 5638100. The biennial fee for this plate is the 22 regular registration fee set forth in Article 5, Chapter 3 of this title 23 plus an additional fee of fifty dollars. Any portion of the additional 24 fiftydollar fee not set aside by the Comptroller General department 25 to defray costs of production and distribution must be distributed 26 to the South Carolina Aquarium.” 27 28 SECTION 46. Section 5637950(B) of the 1976 Code, as last 29 amended by Act 275 of 2016, is further amended to read: 30 31 “(B) Of the fees collected pursuant to this section, the 32 Comptroller General department shall place into the State 33 Highway Fund as established by Section 571120, to be distributed 34 as provided in Section 1143167, an amount equal to the expenses 35 of the department in producing and administering this special 36 license plate. The remaining funds collected from the special 37 motor vehicle license fee must be distributed to The Friends of 38 Hunting Island State Park, Inc., for use on projects benefiting 39 Hunting Island State Park.” 40 41 SECTION 47. Section 5638000(C) of the 1976 Code, as last 42 amended by Act 275 of 2016, if further amended to read: 43
[3271] 24 1 “(C) The license plates must be issued or revalidated for a 2 biennial period which expires twentyfour months from the month 3 it is issued. The biennial fee for this special license plate is the 4 regular registration fee set forth in Article 5, Chapter 3 of this title 5 plus an additional fee to be requested by the individual or 6 organization seeking issuance of the license plate. The initial fee 7 amount requested may be changed only every five years from the 8 first year the license plate is issued. Of the additional fee collected 9 pursuant to this section, the Comptroller General department shall 10 place into the State Highway Fund as established by Section 11 571120, to be distributed as provided in Section 1143167, an 12 amount equal to the expenses of producing and administering 13 special license plates. Any of the remaining fee not placed in the 14 restricted account must be distributed to an organization 15 designated by the individual or organization seeking issuance of 16 the license plate.” 17 18 SECTION 48. Section 5638000(E) of the 1976 Code, as last 19 amended by Act 398 of 2006, and (H), as last amended by Act 56 20 of 2013, is further amended to read: 21 22 “(E) Of the additional fee collected pursuant to subsections (A) 23 and (D), the Comptroller General department shall place sufficient 24 funds into a special restricted account to be used by the 25 Department of Motor Vehicles department to defray the expenses 26 of producing and administering special license plates. 27 28 (H) The Comptroller General department shall place the six 29 thousand eight hundred dollar application fee pursuant to 30 subsection (G)(1) into a restricted account to be used by the 31 department to defray the initial cost of producing the special 32 license plate.” 33 34 SECTION 49. A. Section 5638100(B) of the 1976 Code, as 35 last amended by Act 275 of 2016, is further amended to read: 36 37 “(B) The Comptroller General department shall place the six 38 thousand eight hundred dollar application fee pursuant to 39 subsection (A)(1) into the State Highway Fund as established by 40 Section 571120, to be distributed as provided in Section 1143167.” 41 42 B. Section 5638100(F) of the 1976 Code, as last amended by Act 43 275 of 2016, is further amended to read:
[3271] 25 1 2 “(F) Of the additional fee collected pursuant to subsections (D) 3 and (E), the Comptroller General department shall place into the 4 State Highway Fund as established by Section 571120, to be 5 distributed as provided in Section 1143167, an amount equal to the 6 expenses of producing and administering special license plates.” 7 8 SECTION 50. Section 5638200(A) of the 1976 Code, as last 9 amended by Act 275 of 2016, is further amended to read: 10 11 “(A) The Department of Motor Vehicles may issue motor 12 vehicle license plates to members of Rotary International for 13 private passenger motor vehicles registered in their names. The fee 14 for this special license plate must be the regular motor vehicle 15 license fee contained in Article 5, Chapter 3 of this title, and an 16 additional special fee of fifty dollars which must be distributed to 17 the Rotary District in which the purchaser’s home club is located 18 in this State. The department must report to the South Carolina 19 Rotary District designee the district chosen as a result of the 20 license plate issuance to which this fee must be distributed. The fee 21 must be deposited in an account designated by each South Carolina 22 Rotary District, and must be distributed properly by each district. 23 Notwithstanding any other provision of law, of the fees collected 24 for the special license plate, the Comptroller General department 25 shall place into the State Highway Fund as established by Section 26 571120, to be distributed as provided in Section 1143167, an 27 amount equal to the expenses of the Department of Motor Vehicles 28 in producing and administering the special plate. The license plates 29 issued pursuant to this section must conform to a design agreed to 30 by the department and the chief executive officer of the 31 organization.” 32 33 SECTION 51. Section 5638300(A) of the 1976 Code, as last 34 amended by Act 275 of 2016, is further amended to read: 35 36 “(A) The Department of Motor Vehicles may issue special motor 37 vehicle license plates to members of the Marine Corps League for 38 private passenger motor vehicles and motorcycles registered in 39 their names. The fee for this license plate is the fee set forth for 40 special license plates in Section 5638100. The Comptroller 41 General department shall place into the State Highway Fund as 42 established by Section 571120, to be distributed as provided in 43 Section 1143167, an amount equal to the cost of production and
[3271] 26 1 distribution of this special license plate. Any portion of the 2 additional thirtydollar fee not placed in the State Highway Fund by 3 the Comptroller General must be distributed to the South Carolina 4 Department of the Marine Corps League. The license plates issued 5 pursuant to this section must conform to a design agreed to by the 6 department and the chief executive officer of the organization.” 7 8 SECTION 52. Section 5638600(B) of the 1976 Code, as last 9 amended by Act 275 of 2016, is further amended to read: 10 11 “(B) Notwithstanding any other provision of law, from the fees 12 collected pursuant to this section, the Comptroller General 13 department shall place into the State Highway Fund as established 14 by Section 571120, to be distributed as provided in Section 15 1143167, an amount equal to the expenses of the department in 16 producing and administering the plates. The remaining funds 17 collected from the special motor vehicle license fee must be 18 distributed to the South Carolina Ducks Unlimited State 19 Committee for wetlands conservation projects in South Carolina. 20 Any remaining funds must be administered by the South Carolina 21 Ducks Unlimited State Committee and deposited in an appropriate 22 nonprofit account designated by the South Carolina Ducks 23 Unlimited State Committee.” 24 25 SECTION 53. The introductory paragraph of Section 26 5638710(C) of the 1976 Code, as last amended by Act 275 of 27 2016, is further amended to read: 28 29 “(C) From the fees collected pursuant to this section, the 30 Comptroller General department shall place into the State 31 Highway Fund as established by Section 571120, to be distributed 32 as provided in Section 1143167, an amount equal to the expenses 33 of producing the special license plates. The remaining funds must 34 be distributed in the following manner:” 35 36 SECTION 54. Section 5639400(B) of the 1976 Code is amended 37 to read: 38 39 “(B) Notwithstanding any other provision of law, from the fees 40 collected pursuant to this section, the Comptroller General 41 department shall place into the State Highway Fund as established 42 by Section 571120, to be distributed as provided in Section 43 1143167, an amount equal to the expenses of the Department of
[3271] 27 1 Motor Vehicles in producing and administering the special license 2 plates. The remaining funds collected from the special motor 3 vehicle license fee must be distributed to Save the Light, Inc., or 4 another nonprofit fund designated by Save the Light, Inc., for the 5 restoration and preservation of the Morris Island Lighthouse. Any 6 remaining funds must be administered by Save the Light, Inc., 7 used only for efforts to restore and preserve the Morris Island 8 Lighthouse, and deposited in an appropriate nonprofit account 9 designated by Save the Light, Inc.” 10 11 SECTION 55. Section 5639500(B) of the 1976 Code is amended 12 to read: 13 14 “(B) Notwithstanding any other provision of law, from the fees 15 collected pursuant to this section, the Comptroller General 16 Department of Motor Vehicles shall place sufficient funds into a 17 special restricted account to be used by the Department of Motor 18 Vehicles department to defray the its expenses of the Department 19 of Motor Vehicles in producing and administering the special 20 license plates. The remaining funds collected from the special 21 motor vehicle license fee must be designated for use by the South 22 Carolina National guard for homeland security.” 23 24 SECTION 56. Section 5639600(B) of the 1976 Code, as last 25 amended by Act 275 of 2016, is further amended to read: 26 27 “(B) Notwithstanding any other provision of law, of the fees 28 collected pursuant to this section, the Comptroller General 29 department shall place into the State Highway Fund as established 30 by Section 571120, to be distributed as provided in Section 31 1143167, an amount equal to the expenses of the Department of 32 Motor Vehicles in producing and administering the special license 33 plates. The remaining funds collected from the special motor 34 vehicle license fee must be deposited in a special account, separate 35 and apart from the general fund, designated for use by the South 36 Carolina Department of Agriculture to support local animal 37 spaying and neutering programs. The South Carolina Department 38 of Agriculture may use up to ten percent of the fees deposited in 39 the special account for the administration of the program. Local 40 private nonprofit tax exempt organizations offering animal spaying 41 and neutering programs may apply for grants from this fund to 42 further their tax exempt purposes. Grants must be awarded not 43 more than once a year, and an applicant must receive as a grant an
[3271] 28 1 amount of the total revenues in the fund multiplied by the 2 percentage that the applicant’s caseload in the preceding calendar 3 year was of the total caseload of all applicants in that year.” 4 5 SECTION 57. Section 5639710(B) of the 1976 Code, as last 6 amended by Act 275 of 2016, is further amended to read: 7 8 “(B) Of the fees collected pursuant to this section, the 9 Comptroller General department shall place into the State 10 Highway Fund as established by Section 571120, to be distributed 11 as provided in Section 1143167, an amount equal to the expenses 12 of the Department of Motor Vehicles in producing and 13 administering this special license plate. The remaining funds 14 collected from the special motor vehicle license fee must be 15 distributed to the Heritage Classic Foundation.” 16 17 SECTION 58. Section 56310010(B) of the 1976 Code, as last 18 amended by Act 275 of 2016, is further amended to read: 19 20 “(B) From the fees collected pursuant to this article, the 21 Comptroller General department shall place into the State 22 Highway Fund as established by Section 571120, to be distributed 23 as provided in Section 1143167, an amount equal to the expenses 24 associated with producing and administering the distribution of the 25 license plate. The remaining funds collected from the special 26 motor vehicle license fee shall be distributed to the South Carolina 27 Parrot Head Club Council, which shall only use the funds to 28 support the Palmetto Chapter of the Alzheimer’s Association and 29 the Upstate South Carolina Chapter of the Alzheimer’s 30 Association.” 31 32 SECTION 59. Section 56310110(B) of the 1976 Code, as added 33 by Act 297 of 2008, is amended to read: 34 35 “(B) Notwithstanding any other provision of law, from the fees 36 collected pursuant to this section, the Comptroller General 37 Department of Motor Vehicles shall place sufficient funds into a 38 special restricted account to be used by the Department of Motor 39 Vehicles department to defray the its expenses of the department in 40 producing and administering the special license plates. The 41 remaining funds collected from the special motor vehicle license 42 fee must be placed in the state’s general fund.” 43
[3271] 29 1 SECTION 60. Section 56310210(B) of the 1976 Code, as added 2 by Act 297 of 2008, is amended to read: 3 4 “(B) Notwithstanding any other provision of law, from the fees 5 collected pursuant to this section, the Comptroller General 6 Department of Motor Vehicles shall place sufficient funds into a 7 special restricted account to be used by the Department of Motor 8 Vehicles department to defray the its expenses of the department in 9 producing and administering the special license plates. The 10 remaining funds collected from the special motor vehicle license 11 fee must be placed in the state’s general fund.” 12 13 SECTION 61. Section 56310310(B) of the 1976 Code, as added 14 by Act 297 of 2008, is amended to read: 15 16 “(B) Notwithstanding any other provision of law, from the fees 17 collected pursuant to this section, the Comptroller General 18 Department of Motor Vehicles shall place sufficient funds into a 19 special restricted account to be used by the Department of Motor 20 Vehicles department to defray the its expenses of the department in 21 producing and administering the special license plates. The 22 remaining funds collected from the special motor vehicle license 23 fee must be placed in the state’s general fund.” 24 25 SECTION 62. Section 56311450 of the 1976 Code, as added by 26 Act 272 of 2012, is amended to read: 27 28 “Section 56311450. The fee for the plate is the regular motor 29 vehicle registration fee contained in Article 5, Chapter 3 of this 30 title and a special motor vehicle license fee of thirtyfive dollars. 31 Notwithstanding another provision of law, from the fees collected 32 pursuant to this section, the Comptroller General Department of 33 Motor Vehicles shall place sufficient funds into a special restricted 34 account to be used by the Department of Motor Vehicles 35 department to defray the its expenses of the department in 36 producing and administering the special license plates. The 37 remaining funds collected from the special motor vehicle license 38 fee must be placed in the state’s general fund.” 39 40 SECTION 63. Section 56312610(B) of the 1976 Code, as added 41 by Act 272 of 2012, is amended to read: 42
[3271] 30 1 “(B) Notwithstanding another provision of law, from the fees 2 collected pursuant to this section, the Comptroller General 3 Department of Motor Vehicles shall place sufficient funds into a 4 special restricted account to be used by the department to defray 5 the its expenses of the department in producing and administering 6 the plates. The remaining funds collected from the special motor 7 vehicle license fee must be distributed to the South Carolina 8 Wildlife Federation for conservation programs in South Carolina.” 9 10 SECTION 64. Section 56313010(C) of the 1976 Code, as added 11 by Act 272 of 2012, is amended to read: 12 13 “(C) The requirements for production, collection, and 14 distribution of fees for the plate are those set forth in Section 15 5638100. The biennial fee for this plate is the regular registration 16 fee set forth in Article 5, Chapter 3 of this title plus an additional 17 fee of seventy dollars. Any portion of the additional seventydollar 18 fee not set aside by the Comptroller General Department of Motor 19 Vehicles to defray costs of production and distribution must be 20 distributed to the fund established for the University of South 21 Carolina pursuant to Section 5633710(B) used for the purposes 22 provided in that section.” 23 24 SECTION 65. Section 56313310(B) of the 1976 Code, as added 25 by Act 56 of 2013, is amended to read: 26 27 “(B) Notwithstanding any other provision of law, from the fees 28 collected pursuant to this section, the Comptroller General 29 Department of Motor Vehicles shall place sufficient funds into a 30 special restricted account to be used by the Department of Motor 31 Vehicles department to defray the its expenses of the Department 32 of Motor Vehicles in producing and administering the special 33 license plates. The remaining funds collected from the special 34 motor vehicle license plate fee must be distributed to the 35 Motorcycle Awareness Alliance for the promotion of motorcycle 36 safety, education and awareness programs and deposited into an 37 appropriate nonprofit account designated by the Motorcycle 38 Awareness Alliance.” 39 40 SECTION 66. Section 56313610(B) of the 1976 Code, as added 41 by Act 202 of 2014, is amended to read: 42
[3271] 31 1 “(B) The requirements for production, collection, and 2 distribution of fees for this license plate are those set forth in 3 Section 5638100. Any portion of the fees collected pursuant to this 4 article, not set aside by the Comptroller General Department of 5 Motor Vehicles to defray the expenses associated with producing 6 and administering the distribution of the license plate, must be 7 distributed to Chabad of Charleston, Inc.” 8 9 SECTION 67. Section 565750(G)(3) of the 1976 Code, as last 10 amended by Act 275 of 2016, is further amended to read: 11 12 “(3) The fee for each special restricted driver’s license is one 13 hundred dollars, but no additional fee is due because of changes in 14 the place and hours of employment, education, or residence. Of 15 this fee twenty dollars must be distributed to the general fund and 16 eighty dollars must be placed by the Comptroller General 17 department into the State Highway Fund as established by Section 18 571120, to be distributed as provided in Section 1143167.” 19 20 SECTION 68. Section 5652930(F) and (G) of the 1976 Code, as 21 last amended by Act 201 of 2008, is further amended to read: 22 23 “(F) One hundred dollars of each fine imposed pursuant to this 24 section must be placed by the Comptroller General into a special 25 restricted account to be used by the Department of Public Safety 26 for the Highway Patrol. 27 (G) Two hundred dollars of the fine imposed pursuant to 28 subsection (A)(3) must be placed by the Comptroller General into 29 a special restricted account to be used by the State Law 30 Enforcement Division to offset the costs of administration of the 31 breath testing devices, breath testing site video program, and 32 toxicology laboratory.” 33 34 SECTION 69. Section 5652933(F) and (G) of the 1976 Code, as 35 last amended by Act 201 of 2008, is further amended to read: 36 37 “(F) One hundred dollars of each fine imposed pursuant to this 38 section must be placed by the Comptroller General into a special 39 restricted account to be used by the Department of Public Safety 40 for the Highway Patrol. 41 (G) Two hundred dollars of the fine imposed pursuant to 42 subsections (A)(3) must be placed by the Comptroller General into 43 a special restricted account to be used by the State Law
[3271] 32 1 Enforcement Division to offset the costs of administration of the 2 breath testing devices, breath testing site video program, and 3 toxicology laboratory.” 4 5 SECTION 70. Section 5652942(J) of the 1976 Code, as last 6 amended by Act 275 of 2016, is further amended to read: 7 8 “(J) A fee of fifty dollars must be paid to the department for 9 each motor vehicle that was suspended before any of the 10 suspended registrations and license plates may be registered or 11 before the motor vehicle may be released pursuant to subsection 12 (F). This fee must be placed by the Comptroller General 13 department into the State Highway Fund as established by Section 14 571120, to be distributed as provided in Section 1143167.” 15 16 SECTION 71. The repeal or amendment by this act of any law, 17 whether temporary or permanent or civil or criminal, does not 18 affect pending actions, rights, duties, or liabilities founded thereon, 19 or alter, discharge, release or extinguish any penalty, forfeiture, or 20 liability incurred under the repealed or amended law, unless the 21 repealed or amended provision shall so expressly provide. After 22 the effective date of this act, all laws repealed or amended by this 23 act must be taken and treated as remaining in full force and effect 24 for the purpose of sustaining any pending or vested right, civil 25 action, special proceeding, criminal prosecution, or appeal existing 26 as of the effective date of this act, and for the enforcement of 27 rights, duties, penalties, forfeitures, and liabilities as they stood 28 under the repealed or amended laws. 29 30 SECTION 72. If any section, subsection, paragraph, 31 subparagraph, sentence, clause, phrase, or word of this act is for 32 any reason held to be unconstitutional or invalid, such holding 33 shall not affect the constitutionality or validity of the remaining 34 portions of this act, the General Assembly hereby declaring that it 35 would have passed this , and each and every section, subsection, 36 paragraph, subparagraph, sentence, clause, phrase, and word 37 thereof, irrespective of the fact that any one or more other sections, 38 subsections, paragraphs, subparagraphs, sentences, clauses, 39 phrases, or words hereof may be declared to be unconstitutional, 40 invalid, or otherwise ineffective. 41 42 SECTION 73. This act takes effect upon approval by the 43 Governor.
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