H 3174 {Rat #116, Act #114 of 2020} General Bill, By Elliott, Tallon, G.R.Smith, 
Taylor, Cogswell, Dillard, Norrell, Felder, Daning and Hixon
 AN ACT 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 BICYCLES
 WITH HELPER MOTORS ARE SUBJECT TO ALL STATUTORY PROVISIONS APPLICABLE TO
 BICYCLISTS. - ratified title

   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
   01/15/20  House  Senate amendment amended (House Journal-page 137)
   01/15/20  House  Returned to Senate with amendments
                     (House Journal-page 137)
   01/21/20  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 18)
   01/21/20  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 18)
   01/29/20         Ratified R  116
   02/03/20         Signed By Governor
   02/05/20         Effective date  02/03/20
   02/07/20         Act No.  114

(A114, R116, H3174)

AN ACT 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 BICYCLES WITH HELPER MOTORS ARE SUBJECT TO ALL STATUTORY PROVISIONS APPLICABLE TO BICYCLISTS.

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

Department of Motor Vehicles, definitions, electric-assist bicycles, bicycles with helper motors

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

"( )    'Electric-assist bicycles' and 'bicycles with helper motors' means 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."

Applicability

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."

Time effective

SECTION    3.        This act takes effect upon approval by the Governor.

Ratified the 29th day of January, 2020.

Approved the 3rd day of February, 2020.