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H 3174
Session 123 (2019-2020) 

H 3174Next  General Bill, By Elliott, Tallon, G.R.Smith, Taylor, Cogswell, Dillard, 
Norrell, Felder, Daning and Hixon
 A BILL TO AMEND SECTION 56-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS ASSOCIATED WITH THE POWERS AND
 DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR
 THE TERMS "ELECTRIC-ASSIST BICYCLES" AND "BICYCLES WITH HELPER MOTORS"; AND BY
 ADDING SECTION 56-5-3520 SO AS TO PROVIDE THAT BICYCLISTS OPERATING
 ELECTRIC-ASSIST BICYCLES SHALL BE SUBJECT TO ALL STATUTORY PROVISIONS
 APPLICABLE TO BICYCLISTS.
Previous3174Next.htm">View full text 12/18/18 House Prefiled 12/18/18 House Referred to Committee on Education and Public Works 01/08/19 House Introduced and read first time (House Journal-page 117) 01/08/19 House Referred to Committee on Education and Public Works (House Journal-page 117) 01/15/19 House Member(s) request name added as sponsor: Felder 01/17/19 House Member(s) request name added as sponsor: Daning, Hixon 04/03/19 House Committee report: Favorable with amendment Education and Public Works (House Journal-page 4) 04/04/19 Scrivener's error corrected 04/09/19 House Amended (House Journal-page 87) 04/09/19 House Read second time (House Journal-page 87) 04/09/19 House Roll call Yeas-107 Nays-1 (House Journal-page 88) 04/10/19 House Read third time and sent to Senate (House Journal-page 11) 04/10/19 Senate Introduced and read first time (Senate Journal-page 13) 04/10/19 Senate Referred to Committee on Transportation (Senate Journal-page 13) 04/10/19 Scrivener's error corrected 04/25/19 Senate Committee report: Favorable with amendment Transportation (Senate Journal-page 4) 05/08/19 Senate Committee Amendment Adopted (Senate Journal-page 85) 05/08/19 Senate Amended (Senate Journal-page 85) 05/08/19 Senate Read second time (Senate Journal-page 85) 05/08/19 Senate Roll call Ayes-42 Nays-1 (Senate Journal-page 85) 05/09/19 Senate Read third time and returned to House with amendments (Senate Journal-page 13) 05/09/19 House Debate adjourned on amendments




H. Previous3174Next

COMMITTEE AMENDMENT ADOPTED AND AMENDED

May 8, 2019

H. Previous3174

Introduced by Reps. Elliott, Tallon, G.R. Smith, Taylor, Cogswell, Dillard, Norrell, Felder, Daning and Hixon

S. Printed 5/8/19--S.

Read the first time April 10, 2019.

            

A BILL

TO AMEND SECTION 56-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS ASSOCIATED WITH THE POWERS AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "ELECTRIC-ASSIST BICYCLES" AND "BICYCLES WITH HELPER MOTORS"; AND BY ADDING SECTION 56-5-3520 SO AS TO PROVIDE THAT BICYCLISTS OPERATING ELECTRIC-ASSIST BICYCLES SHALL BE SUBJECT TO ALL STATUTORY PROVISIONS APPLICABLE TO BICYCLISTS.

Amend Title To Conform

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

SECTION    1.    Section 56-1-10 of the 1976 Code is amended by adding the following appropriately numbered item at the end:

"( )    'Electric-assist bicycles' and 'bicycles with helper motors' mean low-speed electrically assisted bicycles with two or three wheels, each having fully operable pedals and an electric motor of no more than 750 watts, or one horsepower, and a top motor-powered speed of less than twenty miles an hour when operated by a rider weighing one hundred seventy pounds on a paved level surface, that meet the requirements of the Federal Consumer Product Code provided in 16 C.F.R., Part 1512, and that operate in a manner such that the electric motor disengages or ceases to function when their brakes are applied or the rider stops pedaling. Manufacturers and distributors of electric-assist bicycles shall apply a label that is affixed permanently, in a prominent location, to each electric-assist bicycle, indicating its wattage and maximum electrically assisted speed. The owner or user of an electric-assist bicycle shall not remove or tamper with the label. If a user tampers with or modifies an electric-assist bicycle, changing the speed capability, he must replace the label indicating the vehicle's wattage or horsepower. Electric-assist bicycles and bicycles with helper motors are not mopeds."

SECTION    2.        Article 27, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-3520. Bicyclists operating bicycles with helper motors, as defined in Section 56-1-10, are subject to all statutory provisions applicable to bicyclists, as provided in Section 56-5-3420."

SECTION    3.    Section 1-3-210 of the 1976 Code is amended to read:

"Section 1-3-210.    (A)(1)    During the recess of the Senate, vacancy which occurs in an If an office filled by an appointment of the Governor with the advice and consent of the Senate becomes vacant during the interim period between regular legislative sessions, then the office may be filled by an interim appointment of the Governor only if the Governor acts to fill the office during the same interim period during which the office became vacant. The Governor must report the interim appointment to the Senate and must forward a formal appointment at its next ensuing regular session. If the Senate votes to reject an interim appointee's formal appointment during the next ensuing regular session then the office is immediately vacant and may not be filled by another interim appointment.

(2)    If the Senate does not advise and consent thereto to the formal appointment prior to sine die adjournment the second Thursday in May following the interim period during which the interim appointment was made of the next ensuing regular session, the office shall be vacant and the interim appointment shall not serve in hold over status notwithstanding any other provision of law to the contrary. The Governor may not make a subsequent interim appointment for the same vacancy. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim appointment shall expire on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant.

(B)    The Governor's authority to make an interim appointment pursuant to subsection (A) terminates when the General Assembly convenes the regular legislative session following the interim period between regular legislative sessions during which the office became vacant."

SECTION    4.    Article 5, Chapter 3 of Title 1 of the 1976 Code is amended by adding:

"Section 1-3-211.    (A)    If a vacancy exists in the head of an agency that requires appointment by the Governor with the advice and consent of the Senate, the Governor may designate an employee of the agency as the acting head of the agency if the person designated was employed by the agency for at least twelve consecutive months prior to the date upon which the vacancy occurred. A person designated as an acting agency head pursuant to this subsection may serve as the acting agency head no longer than the second Thursday in May following date upon which the vacancy occurred.

(B)(1)    A person nominated by the Governor to head an agency that requires the advice and consent of the Senate who did not receive the advice and consent of the Senate, or whose nomination was withdrawn, may not be designated by the Governor as the acting head of the agency to which the person was nominated.

(2)    A person nominated by the Governor to head an agency that requires the advice and consent of the Senate who also had been previously designated as the acting head of the agency who did not receive the advice and consent of the Senate, or whose nomination was withdrawn, may no longer exercise any authority or duties of that agency."

SECTION    5.        This act takes effect upon approval by the Governor.

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