2016 South Carolina Code of Laws
Title 56 - Motor Vehicles
CHAPTER 3 - MOTOR VEHICLE REGISTRATION AND LICENSING
Section 56-3-4100. South Carolina Elks Association Special License Plates.

(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 and motorcycles registered in their names which shall have imprinted on the plate the words "South Carolina Elks Association". The fee for this special license plate is the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title and the special fee required by Section 56-3-2020. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plate. Any remaining funds must be deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Elks Association to be used to support its Alzheimer's state project.

(C) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate and, a plan to market the sale of the special license plate must be approved by the department. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.

(D) If the department receives less than three hundred biennial applications and renewals for the 'South Carolina Elks Association' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted.

HISTORY: 2003 Act No. 51, Section 1; 2008 Act No. 347, Sections 3, 23, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 40, eff July 1, 2016.

Code Commissioner's Note

2003 Act No. 51, Section 18, directed the Code Commissioner to change the terms "Motor Vehicle Division", "Motor Vehicles Division", "Division of Motor Vehicle", "Division of Motor Vehicles" or "Department of Public Safety" to "Department of Motor Vehicles" throughout the 1976 Code, when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety or means Department of Public Safety otherwise and in Section 56-3-840.

Effect of Amendment

The 2008 amendment, in subsection (A), in the first sentence substituted "as defined in Section 56-3-630" for "or light pickup trucks having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less" and added "and motorcycles".

2016 Act No. 275, Section 40, amended (B), providing that all or a portion of the fees or fines collected by the department of motor vehicles shall be credited to the state highway fund.