H*4377(Rat #0479, Act #0417)  General Bill, By Kirsh, R.S. Corning, Delleney, 
T.L. Farr, Harvin, W.D. Keyserling, Meacham, I.K. Rudnick, Simrill, Stille, 
Vaughn, Walker and Wilder

Similar(S 1131)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 12-37-2675 so as to prohibit a tax levy on a motor vehicle to which a license
 was transferred until it expires, Section 56-3-905 so as to provide for the
 refund of a portion of a motor vehicle registration fee, and Section 56-5-90
 so as to provide limitations for an intrastate motor carrier driver; to amend
 Section 56-3-620, as amended, relating to fees for certain private
 passenger-carrying vehicles and property-carrying vehicles, so as to provide
 the fee for private passenger-carrying vehicles for persons sixty-four years
 of age; and to amend Section 56-3-670, as amended, relating to fees for farm
 truck licenses, so as to provide for the use of farm trucks with an empty
 weight of less than 7,500 pounds and revise fees.-amended title

   12/15/93  House  Prefiled
   12/15/93  House  Referred to Committee on Education and Public Works
   01/11/94  House  Introduced and read first time HJ-35
   01/11/94  House  Referred to Committee on Education and Public
                     Works HJ-35
   02/09/94  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-23
   02/24/94  House  Amended HJ-409
   02/24/94  House  Read second time HJ-410
   03/01/94  House  Read third time and sent to Senate HJ-23
   03/02/94  Senate Introduced and read first time SJ-10
   03/02/94  Senate Referred to Committee on Transportation SJ-10
   04/21/94  Senate Committee report: Favorable with amendment
                     Transportation SJ-31
   04/26/94  Senate Amended SJ-51
   04/26/94  Senate Read second time SJ-53
   04/26/94  Senate Ordered to third reading with notice of
                     amendments SJ-53
   04/27/94  Senate Read third time and returned to House with
                     amendments SJ-36
   05/10/94  House  Debate adjourned on Senate amendments until
                     Tuesday, May 17, 1994 HJ-129
   05/11/94  House   Reconsider vote whereby debate adjourned until
                     5/17/94 HJ-84
   05/11/94  House  Concurred in Senate amendment and enrolled HJ-116
   05/19/94         Ratified R 479
   05/25/94         Signed By Governor
   06/08/94         Effective date 05/25/94
   06/08/94         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2675 SO AS TO PROHIBIT A TAX LEVY ON A MOTOR VEHICLE TO WHICH A LICENSE WAS TRANSFERRED UNTIL IT EXPIRES, SECTION 56-3-905 SO AS TO PROVIDE FOR THE REFUND OF A PORTION OF A MOTOR VEHICLE REGISTRATION FEE, AND SECTION 56-5-90 SO AS TO PROVIDE LIMITATIONS FOR AN INTRASTATE MOTOR CARRIER DRIVER; TO AMEND SECTION 56-3-620, AS AMENDED, RELATING TO FEES FOR CERTAIN PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES, SO AS TO PROVIDE THE FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES FOR PERSONS SIXTY-FOUR YEARS OF AGE; AND TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE FOR THE USE OF FARM TRUCKS WITH AN EMPTY WEIGHT OF LESS THAN 7,500 POUNDS AND REVISE FEES.

Be it enacted by the General Assembly of the State of South Carolina:

Tax levy prohibited until motor vehicle license expires

SECTION 1. The 1976 Code is amended by adding:

"Section 12-37-2675. If a license is transferred from one motor vehicle to another, no tax may be levied on the motor vehicle to which the license was transferred until the license expires."

Motor vehicle registration refund

SECTION 2. A. The 1976 Code is amended by adding:

"Section 56-3-905. Notwithstanding the provisions of Section 56-3-900, when the owner or lessee of a motor vehicle or vehicle including, but not limited to, trailers and semitrailers, licensed and registered for a biennium pursuant to Section 56-3-253 surrenders the license plate and registration to the department in the first twelve months of the licensing period, the department shall refund to the owner or lessee an amount equal to one-half the registration fee paid on the vehicle. If the owner or lessee is simultaneously registering another vehicle, the refund amount, at the owner's or lessee's option, may be applied against the registration fee due."

B. Section 56-3-905 of the 1976 Code, as added in subsection A., applies to biennial licenses issued after July 31, 1993.

Limitations for an intrastate motor carrier driver

SECTION 3. The 1976 Code is amended by adding:

"Section 56-5-90. (A) For common carriers subject to this title, an intrastate motor carrier driver may not drive:

(1) more than twelve hours following eight consecutive hours off duty;

(2) for any period after having been on duty sixteen hours following eight consecutive hours off duty;

(3) after having been on duty seventy hours in seven consecutive days;

(4) more than eighty hours in eight consecutive days.

(B) An intrastate driver is determined by his previous seven days of operation."

Fees for private passenger-carrying vehicles for persons sixty-four years of age

SECTION 4. Section 56-3-620 of the 1976 Code, as last amended by Act 164 of 1993, is further amended by adding at the end:

"(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger-carrying vehicle is twenty-two dollars."

Use of certain farm trucks; fees revised

SECTION 5. A. Section 56-3-670 of the 1976 Code, as last amended by Section 22K, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-670. (A) For the purpose of this section `farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. However, farm trucks with an empty weight of less than 7,500 pounds may be used for ordinary domestic purposes and general transportation but must not be used to transport persons or property for hire.

(B) The department shall issue to bona fide farmers special farm vehicle licenses on an annual basis for farm trucks for a fee as follows according to the maximum empty weight of the truck:

(1) 5,000 pounds: 4 ton or more: $12.00;

(2) 7,500 pounds: 6 ton or more: $12.00;

(3) 10,500 pounds: 8 ton or more:$15.00;

(4) 12,500 pounds: 10 ton or more:$30.00;

(5) 12,501 pounds and above:

(a) 15 ton or more: $60.00;

(b) 20 ton: $80.00;

(c) 25 ton: $100.00;

(d) 30 ton: $120.00.

(C) A person who certifies to the department that he is a bona fide farmer, is issued a farm license plate for the purpose as defined in this section, and uses the license plate for purposes other than those defined is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both."

B. Section 56-3-670 of the 1976 Code, as amended in subsection A., applies to licenses issued after July 31, 1994.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 25th day of May, 1994.