2003-2004 Bill 1103: Ducks Unlimited Special License Plates May Be Issued to Any Vehicle

1 South Carolina General Assembly 2 115th Session, 2003-2004 3 4 S. 1103 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Peeler, Hayes and Gregory 10 Document Path: l:\council\bills\swb\5958cm04.doc 11 Companion/Similar bill(s): 4935 12 13 Introduced in the Senate on March 25, 2004 14 Introduced in the House on April 15, 2004 15 Last Amended on May 25, 2004 16 Currently residing in the Senate 17 18 Summary: Ducks Unlimited special license plates may be issued to any vehicle owner; additional fee for 19 issuing 20 21 22 HISTORY OF LEGISLATIVE ACTIONS 23 24 Date Body Action Description with journal page number 25 3/25/2004 Senate Introduced and read first time SJ-3 26 3/25/2004 Senate Referred to Committee on Transportation SJ-3 27 4/8/2004 Senate Committee report: Favorable with amendment Transportation 28 4/12/2004 Scrivener's error corrected 29 4/13/2004 Senate Amended SJ-11 30 4/13/2004 Senate Read second time SJ-11 31 4/13/2004 Senate Ordered to third reading with notice of amendments SJ-11 32 4/14/2004 Senate Amended SJ-32 33 4/14/2004 Senate Read second time SJ-32 34 4/14/2004 Scrivener's error corrected 35 4/15/2004 House Introduced and read first time HJ-7 36 4/15/2004 House Referred to Committee on Education and Public Works HJ-7 37 5/19/2004 House Committee report: Favorable with amendment Education and Public Works 38 HJ-174 39 5/25/2004 House Amended HJ-72 40 5/25/2004 House Read second time HJ-75 41 5/26/2004 House Read third time and returned to Senate with amendments HJ-10 42 43 44 VERSIONS OF THIS BILL 45 46 3/25/2004 47 4/8/2004 48 4/12/2004 49 4/13/2004 50 4/14/2004 51 4/14/2004-A 52 5/19/2004 53 5/25/2004 54 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AMENDED 5 May 25, 2004 6 7 S. 1103 8 9 Introduced by Senators Peeler, Hayes and Gregory 10 11 S. Printed 5/25/04--H. 12 Read the first time April 15, 2004. 13 14

1 [1103-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 56-3-8600, CODE OF LAWS OF 12 SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE 13 OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS 14 TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED 15 TO ANY OWNER OF CERTAIN PRIVATE PASSENGER 16 CARRYING MOTOR VEHICLES, AND TO ADD AN 17 ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE 18 PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT 19 DESIGNATED BY THE COMMITTEE OF THE SOUTH 20 CAROLINA DUCKS UNLIMITED. 21 Amend Title To Conform 22 23 Be it enacted by the General Assembly of the State of South 24 Carolina: 25 26 SECTION 1. Section 56-3-8600 of the 1976 Code, as added by 27 Act 104 of 2001, is amended to read: 28 29 “Section 56-3-8600. (A) The Department of Motor Vehicles 30 may issue ‘Ducks Unlimited’ special motor vehicle license plates 31 to members of Ducks Unlimited for owners of private passenger 32 carrying motor vehicles or light pickup trucks having an empty 33 weight of seven thousand pounds or less and a gross weight of nine 34 thousand pounds or less registered in their names which may have 35 imprinted on them an emblem, seal, or symbol of the South 36 Carolina Ducks Unlimited State Committee. The South Carolina 37 Ducks Unlimited State Committee must submit to the department 38 for its approval the emblem, seal, or symbol it wishes to display on 39 the plates. The South Carolina Ducks Unlimited State Committee 40 must submit to the department written authorization for use of any 41 copy righted or registered logos, trademarks, or designs. The 42 South Carolina Ducks Unlimited State Committee may request a

1 [1103] 1 1 change in the emblem, seal, or symbol not more than once every 2 five years. The plates must be issued or revalidated for a biennial 3 period which expires twenty - four months from the month they are 4 issued. The fee for this special license the plate must be is the 5 regular motor vehicle license registration fee contained in Article 6 5, Chapter 3 of this title that must be deposited in the state general 7 fund and the a special motor vehicle license fee required by 8 Section 56-3-2020 that must be deposited with the department of 9 fifty dollars. 10 (B) Notwithstanding any other provision of law, from the fees 11 collected, pursuant to this section, the Comptroller General shall 12 place sufficient funds into a special restricted account to be used 13 by the department to defray the expenses of the department in 14 producing this license plate and administering the plates. The 15 license plates issued pursuant to this section must conform to a 16 design agreed to by the department and the chief executive officer 17 of the organization. The remaining funds collected from the special 18 motor vehicle license fee must be distributed to the South Carolina 19 Ducks Unlimited State Committee for wetlands conservation 20 projects in South Carolina, administered by the South Carolina 21 Ducks Unlimited State Committee, and deposited in an appropriate 22 non - profit account designated by the South Carolina Ducks 23 Unlimited State Committee. 24 (B)(C) Before the Department of Motor Vehicles department 25 produces and distributes a special license plate pursuant to 26 authorized under this section, it must receive: 27 (1) four hundred prepaid applications for the special license 28 plate or a deposit of four thousand dollars from the individual or 29 organization seeking issuance of the license plate. If a deposit of 30 four thousand dollars is made by an individual or organization 31 pursuant to this section, the department must refund the four 32 thousand dollars once an equivalent amount of license plate fees is 33 collected for that organization’s license the plate. If the equivalent 34 amount is not collected within four years of the first issuance of 35 the license plate, then the department must retain the deposit; and 36 (2) a plan to market the sale of the special license plate 37 which must be approved by the department. 38 (C)(D) If the department receives less than three hundred 39 biennial applications and renewals for a particular special license 40 the plate, it shall not produce additional special license plates in 41 that series. The department shall continue to issue special license 42 plates of that series until the existing inventory is exhausted.” 43

1 [1103] 2 1 SECTION 2. Section 56-3-210(C) of the 1976 Code, as last 2 amended by Act 251 of 2002, is further amended to read: 3 4 “(C) A dealer of new or used vehicles may issue to the purchaser 5 of a vehicle at the time of its sale a temporary license plate that 6 may contain the dealer’s name and location and must contain, in 7 characters not less than one-quarter inch wide and one and 8 one-half inches high, the expiration date of the period within 9 which the purchaser must register the vehicle pursuant to 10 subsection (E) of this section. The plate must contain the dealer’s 11 name, city, and phone number, or the dealer’s name and computer 12 website address. The plate also must contain a rectangular box, 13 with a white background, on the bottom of the plate, in dimensions 14 not less than six inches wide and two inches high. The rectangular 15 box must contain, in characters not less than one quarter inch wide 16 and one and one - half inches high, the expiration date of the period 17 within which the purchaser must register the vehicle pursuant to 18 subsection (E) of this section. The expiration date must be clearly 19 legible from a distance of at least twenty - five feet, written using a 20 permanent black marker with at least a one quarter inch wide tip, 21 and must contain a numerical month, day, and year. The 22 expiration date may not extend beyond forty-five days from the 23 date of purchase. The temporary license plate must be made of 24 heavy stock paper or plastic, inscribed with contrasting indelible 25 ink, and designed to resist deterioration or fading from exposure to 26 the elements during the period for which display is required. The 27 bill of sale, title, rental contract, or a copy of either document must 28 be maintained in the vehicle at all times to verify the vehicle’s date 29 of purchase to a law enforcement officer. The bill of sale, title, 30 rental contract, or a copy of either document must contain a 31 description of the vehicle, the name and address of both the seller 32 and purchaser of the vehicle, and its date of sale. Except as 33 provided for in this section, a dealer may not use a temporary 34 license plate for any other purpose, which includes, but is not 35 limited to, vehicle demonstration, employee use, or transporting 36 vehicles from one location to another location. A dealer may not 37 place a temporary license plate on a vehicle, regardless of whether 38 the expiration date has been written on the plate, until the vehicle 39 is sold to a purchaser. A dealer person who issues or uses a 40 temporary license plate or allows a temporary license plate to be 41 issued or used in violation of this section is guilty of a 42 misdemeanor and, upon conviction, must be fined one hundred 43 dollars for each occurrence.”

1 [1103] 3 1 SECTION 3. Section 56-3-2350 of the 1976 Code, as last 2 amended by Act 155 of 1997, is further amended to read: 3 4 “Section 56-3-2350. A person engaged in the business of 5 limited operation of motor vehicles to facilitate the movement of 6 vehicles from a manufacturer to a dealer or distributor, or from a 7 railroad terminal yard to a temporary storage facility prior to 8 delivery to a dealer, or for the movement of vehicles to further the 9 construction of cabs or bodies, or in connection with the 10 foreclosure or repossession of these motor vehicles may apply to 11 the department for special registration to be issued to and used by 12 the person upon the following conditions: 13 (1) The application must be in a form prescribed by the 14 department to include the applicable liability insurance as 15 prescribed by statute and filed with the department each year. The 16 application must include the name and residence address of the 17 applicant as follows: 18 (a) if an individual, the name under which he intends to 19 conduct business; 20 (b) if a partnership, the name and residence address of each 21 member of the partnership and the name under which the business 22 is to be conducted; 23 (c) if a corporation, the name and company addresses of the 24 corporation and the name and residence address of each of its 25 officers. 26 (2) The application must be certified by the applicant and by an 27 agent of the department to verify the facts set forth in the 28 application. 29 (3) The annual fee for registration is fifty dollars, plus an 30 annual fee of ten dollars for each license plate. 31 (4) License plates authorized by this section must not be used 32 on vehicles that are loaned, rented, or leased by the licensed 33 transporter to employees or any other individuals.” 34 35 SECTION 4. SECTIONS 1 and 3 of this act take effect upon 36 approval by the Governor. SECTION 2 takes effect on July 1, 37 2005. 38 ----XX---- 39

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