S*0358(Rat #0033, Act #0015 of 2011)  General Bill, By Grooms
 AN ACT TO AMEND SECTION 56-3-2335, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE ISSUANCE OF RESEARCH AND DEVELOPMENT LICENSE PLATES BY THE
 DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM
 "RESEARCH AND DEVELOPMENT BUSINESS", TO PROVIDE DEFINITIONS FOR THE TERMS
 "BUSINESS", "CONTRACTED FLEET OWNER", "CONTRACTOR", AND "TIRES", TO REVISE THE
 APPLICATION PROCEDURE TO OBTAIN THE LICENSE PLATES, THEIR COST, THE
 DISTRIBUTION OF MONEY RECEIVED FROM THEIR SALE, AND THE MAXIMUM NUMBER OF
 LICENSE PLATES THAT MAY BE ISSUED, TO PROVIDE FOR THE ISSUANCE OF FLEET
 RESEARCH AND DEVELOPMENT LICENSE PLATES, THEIR COST, THE DISTRIBUTION OF THE
 MONEY RECEIVED FROM THEIR SALE, AND THE MAXIMUM NUMBER OF LICENSE PLATES THAT
 MAY BE ISSUED, TO PROVIDE THAT THE DEPARTMENT MAY ENTER INTO CERTAIN
 RECIPROCAL AGREEMENTS WITH OTHER STATES FOR THE PURPOSE OF TESTING AND
 EVALUATING THE PERFORMANCE OF RESEARCH AND DEVELOPMENT BUSINESS' TIRES, AND TO
 PROVIDE THAT A RESEARCH AND DEVELOPMENT BUSINESS, OR CONTRACTED FLEET OWNER IS
 RESPONSIBLE TO TAKE ANY ACTIONS REQUIRED BY ANOTHER STATE THAT ARE NECESSARY
 FOR IT TO LEGALLY TEST AND EVALUATE THE PERFORMANCE OF ITS TIRES IN ANOTHER
 STATE. - ratified title

   01/13/11  Senate Introduced and read first time (Senate Journal-page 13)
   01/13/11  Senate Referred to Committee on Transportation
                     (Senate Journal-page 13)
   02/09/11  Senate Committee report: Favorable with amendment
                     Transportation (Senate Journal-page 12)
   02/10/11  Senate Committee Amendment Amended and Adopted
                     (Senate Journal-page 13)
   02/10/11  Senate Read second time (Senate Journal-page 13)
   02/10/11  Senate Roll call Ayes-40  Nays-0 (Senate Journal-page 13)
   02/11/11         Scrivener's error corrected
   02/15/11  Senate Read third time and sent to House
                     (Senate Journal-page 15)
   02/16/11  House  Introduced and read first time (House Journal-page 14)
   02/16/11  House  Referred to Committee on Education and Public
                     Works (House Journal-page 14)
   04/13/11  House  Committee report: Favorable Education and Public
                     Works (House Journal-page 47)
   04/26/11  House  Requests for debate-Rep(s). Simrill, Loftis,
                     Stavrinakis, Norman, Whitmire, Forrester,
                     Taylor, Bikas, Viers, and Chumley
                     (House Journal-page 91)
   04/27/11  House  Requests for debate removed-Rep(s). Simrill,
                     Forrester, Stavrinakis, Viers, Chumley, Taylor,
                     and Whitmire (House Journal-page 88)
   04/28/11  House  Debate adjourned until Tuesday, May 3, 2011
                     (House Journal-page 20)
   05/03/11  House  Read second time (House Journal-page 21)
   05/03/11  House  Roll call Yeas-97  Nays-0 (House Journal-page 21)
   05/04/11  House  Read third time and enrolled (House Journal-page 14)
   05/05/11         Ratified R 33
   05/09/11         Signed By Governor
   05/13/11         Effective date 05/09/11
   05/17/11         Act No. 15

(A15, R33, S358)

AN ACT TO AMEND SECTION 56-3-2335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF RESEARCH AND DEVELOPMENT LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "RESEARCH AND DEVELOPMENT BUSINESS", TO PROVIDE DEFINITIONS FOR THE TERMS "BUSINESS", "CONTRACTED FLEET OWNER", "CONTRACTOR", AND "TIRES", TO REVISE THE APPLICATION PROCEDURE TO OBTAIN THE LICENSE PLATES, THEIR COST, THE DISTRIBUTION OF MONEY RECEIVED FROM THEIR SALE, AND THE MAXIMUM NUMBER OF LICENSE PLATES THAT MAY BE ISSUED, TO PROVIDE FOR THE ISSUANCE OF FLEET RESEARCH AND DEVELOPMENT LICENSE PLATES, THEIR COST, THE DISTRIBUTION OF THE MONEY RECEIVED FROM THEIR SALE, AND THE MAXIMUM NUMBER OF LICENSE PLATES THAT MAY BE ISSUED, TO PROVIDE THAT THE DEPARTMENT MAY ENTER INTO CERTAIN RECIPROCAL AGREEMENTS WITH OTHER STATES FOR THE PURPOSE OF TESTING AND EVALUATING THE PERFORMANCE OF RESEARCH AND DEVELOPMENT BUSINESS' TIRES, AND TO PROVIDE THAT A RESEARCH AND DEVELOPMENT BUSINESS, OR CONTRACTED FLEET OWNER IS RESPONSIBLE TO TAKE ANY ACTIONS REQUIRED BY ANOTHER STATE THAT ARE NECESSARY FOR IT TO LEGALLY TEST AND EVALUATE THE PERFORMANCE OF ITS TIRES IN ANOTHER STATE.

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

Research and development license plates

SECTION    1.    Section 56-3-2335 of the 1976 Code is amended to read:

"Section 56-3-2335.    (A)    As used in this section:

(1)    'Research and development business' or 'business' means a person who manufacturers tires in this State for use as original or replacement equipment on motor vehicles and who conducts research and development activities on tires in conjunction with the person's manufacturing activities in South Carolina.

(2)    'Contracted fleet owner' or 'contractor' means a person or company in the business of operating a group of vehicles driven by their employees for the purpose of testing and evaluating the performance of a research and development business' tires.

(3)    'Tires' include tires and tire replacement parts.

(B)(1)    Upon application and payment of the required fee, the Department of Motor Vehicles may issue research and development license plates to a research and development business. The license plates must be used exclusively on motor vehicles, including motorcycles, provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle.

(2)    Application for research and development license plates must be made by the research and development business on a form prescribed by the department and submitted with proof of the applicant's status as a bona fide research and development business. The cost of each research and development license plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the testing facility of the business is located. Each plate is valid for two years. A maximum of one hundred research and development license plates may be issued for the two-year period.

(C)(1)    Upon application and payment of the required fee, the Department of Motor Vehicles may issue fleet research and development plates to a research and development business or to a contracted fleet owner. The license plates will be registered to a specific vehicle owned by the research and development business, or owned by a contracted fleet owner under contract with the research and development business.

(2)    Application for fleet research and development license plates must be made by the contractor on a form prescribed by the department and submitted with certification from the research and development business establishing the applicant's status as a bona fide contracted fleet owner under contract with the research and development business. The cost of each fleet research and development license plate is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the vehicle is sited, as evidenced by the address on the registration card. Each plate is valid for two years. A maximum of one hundred fleet research and development license plates may be issued to a contracted fleet owner for the two-year period.

(D)    Vehicles with research and development plates or fleet research and development plates may be operated on the state's streets and highways or another state's streets and highways pursuant to a reciprocity agreement with that state. The vehicles may be operated pursuant to this section only for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle.

(E)    The Department of Motor Vehicles may enter into reciprocal agreements with other states concerning the registration and operation of vehicles owned by a research and development business, provided to the research and development business by a contractor under contract with the research and development business, or provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires.

(F)    It is the sole responsibility of the research and development business, or contracted fleet owner, to take any other actions required by another state that are necessary for the research and development business, or contracted fleet owner, to legally test and evaluate the performance of the research and development business' tires in that state. The research and development business must comply with any other requirements associated with the operation of the vehicle on the other state's roads and highways."

Time effective

SECTION 2.    This act takes effect upon approval by the Governor.

Ratified the 5th day of May, 2011.

Approved the 9th day of May, 2011.