H 3726 {Rat #404} General Bill, By Ott, Clark, J.E.Smith, McGee, Witherspoon, 
Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A.Pitts, Taylor and R.L.Brown

Similar(S 138, H 3087)
 AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
 FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER
 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN
 VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT
 THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A
 SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT
 ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE
 PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING
 TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO
 PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES. - ratified title
View full text
   03/09/05  House  Introduced and read first time HJ-20
   03/09/05  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-20
   04/19/05  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-5
   04/20/05  House  Member(s) request name added as sponsor: R.L.Brown
   04/25/05         Scrivener's error corrected
   04/26/05  House  Requests for debate-Rep(s).  Tripp, Loftis,
                     Talley, Duncan, Thompson, Coates, Vick, Ott,
                     Witherspoon, Pinson, EH Pitts, Hosey, Toole,
                     Weeks, Owens, and GM Smith HJ-20
   04/27/05  House  Requests for debate removed-Rep(s).  Duncan,
                     Coates, Thompson, GM Smith, Ott, Hosey, Talley,
                     Toole, Owens, and Pinson HJ-99
   04/27/05  House  Requests for debate removed-Rep(s).  Witherspoon
                     and EH Pitts HJ-100
   04/27/05  House  Debate interrupted HJ-136
   04/27/05  House  Amended HJ-159
   04/27/05  House  Read second time HJ-162
   04/28/05  House  Read third time and sent to Senate HJ-15
   05/03/05  Senate Introduced and read first time SJ-24
   05/03/05  Senate Referred to Committee on Fish, Game and Forestry SJ-24
   02/16/06  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-14
   05/03/06  Senate Amended SJ-7
   05/03/06  Senate Read second time SJ-7
   05/04/06         Scrivener's error corrected
   05/04/06  Senate Read third time and returned to House with
                     amendments SJ-20
   05/10/06  House  Non-concurrence in Senate amendment HJ-42
   05/18/06  Senate Senate insists upon amendment and conference
                     committee appointed  Hutto, Cromer, and Bryant SJ-38
   05/18/06  House  Conference committee appointed  Reps. Duncan, MA
                     Pitts, and Ott HJ-74
   05/31/06  Senate Conference report rejected SJ-44
   05/31/06  Senate Reconsidered SJ-197
   05/31/06  Senate Conference report adopted SJ-257
   06/01/06  House  Conference report received and adopted HJ-55
   06/01/06  House  Ordered enrolled for ratification HJ-58
   06/07/06         Ratified R  404
   06/13/06         Vetoed by Governor
   06/14/06  House  Veto overridden by originating body Yeas-74 
                     Nays-31 HJ-120
   06/14/06  Senate Veto sustained Yeas-19  Nays-22 SJ-126

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R404, H3726)

AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

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

All-Terrain Vehicle Safety Act

SECTION    1.    Title 50 of the 1976 Code is amended by adding:

Section 50-26-10.    This chapter may be cited as 'Chandler's Law'.

Section 50-26-20.    For the purposes of this chapter 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for off-road travel on low-pressure tires which has a saddle seat and three or more wheels and handle bars for steering but does not include lawn tractors or battery-powered children's toys or any vehicle that is required to be licensed or titled for highway use.

Section 50-26-30.    (A)    A person at least nine years of age but not over sixteen years of age may not operate an all-terrain vehicle within this State unless the person:

(1)    has successfully completed an all-terrain vehicle safety education course approved by the department, and has been issued a safety certificate; or

(2)    is operating the all-terrain vehicle as part of a prescribed all-terrain vehicle safety education, training, and skills program and is under the direct supervision of a certified all-terrain vehicle safety instructor.

(B)    It is unlawful for a parent or legal guardian to knowingly permit his child or ward eight years of age or younger to operate an all-terrain vehicle.

(C)    The department may not issue an all-terrain vehicle operator's safety certificate to a person unless the person has successfully completed the all-terrain vehicle safety education course. A certificate of successful completion of an all-terrain vehicle safety education course issued by other states or territories of the United States, Canadian provinces, or other nations is valid for the purposes of this chapter if the department approves the course as comparable to the program required by this chapter.

(D)    A person sixteen years of age or younger may not operate, ride, or otherwise be propelled on an all-terrain vehicle within this State unless the person wears a safety helmet and eye protection meeting United States Department of Transportation standards for motorcycles.

Section 50-26-40.    (A)    The restrictions in this section apply to operation of all-terrain vehicles on those lands open to the public and are in addition to the requirements of Section 50-26-30.

(B)    It is unlawful to operate an all-terrain vehicle except in compliance with the local regulations and restrictions for all-terrain vehicle operation.

(C)    A person sixteen years of age or younger must be accompanied by an adult.

(D)    It is unlawful to operate an all-terrain vehicle between one-half hour after sunset to one-half hour before sunrise unless it is equipped with operational headlights and they are on.

(E)    It is unlawful to cross an unbridged stream except at a designated ford or crossing. Riding in any water bodies or watercourses is unlawful.

(F)    An all-terrain vehicle must have an effective muffler system in good working condition; a USDA Forest Service approved spark arrester in good working condition and a brake system in good operating condition.

(G)    It is unlawful to operate an all-terrain vehicle while under the influence of alcohol or any controlled substance.

(H)    It is unlawful to operate an all-terrain vehicle in a negligent or reckless manner.

(I)    It is unlawful to operate an all-terrain vehicle in a manner that damages flora or fauna, roads, trails, firebreaks, signs, gates, guardrails, bridges, fencing, or other public property.

Section 50-26-50.    All-terrain vehicles are exempt from ad valorem personal property taxes beginning with calendar year 2007.

Section 50-26-60.    A person violating this chapter, unless otherwise specified, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars."

Titling of all-terrain vehicles

SECTION     2.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section    56-3-1420.    An owner of an ATV may make application to the Department of Motor Vehicles for a title for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department. The application must be accompanied by a manufacturer's certificate of origin or previous title properly assigned to the applicant.

Section 56-3-1425.    When a person who is not a licensed ATV dealer receives by purchase, gift, trade, or by another means a vehicle that was titled in this State, the person who receives the vehicle may make application to the department for a title. The application must be accompanied by the required documents and fee for title. The department shall issue a certificate of title once it has received a properly completed application. An owner of an ATV, before the enactment of this article, who cannot provide proof of ownership, may request an affidavit from the sheriff in the county in which he resides. The affidavit shall state that the sheriff finds the person making application for the title is the legal owner of the ATV. Before issuing the affidavit, the sheriff must verify through the National Crime Information Center that the ATV is not stolen. The department shall issue a title application to the owner upon presentation of the affidavit, application, and fee.

Section 56-3-1430.    The title fee for an ATV is contained in Section 56-19-420(A). For purposes of this article, an all-terrain vehicle (ATV) is defined as provided in Section 50-26-20."

Time effective

SECTION    3.    This act takes effect July 1, 2007.

Ratified the 7th day of June, 2006.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2006.

___________________________________________

Governor