South Carolina General Assembly
110th Session, 1993-1994

Bill 4377


                    Current Status
Introducing Body:               House
Bill Number:                    4377
Ratification Number:            479
Act Number:                     417
Primary Sponsor:                Kirsh
Type of Legislation:            GB
Subject:                        Motor vehicle registration,
                                partial refund provisions
Date Bill Passed both Bodies:   19940511
Computer Document Number:       JIC/5197HC.94
Governor's Action:              S
Date of Governor's Action:      19940525
Introduced Date:                19940111
Date of Last Amendment:         19940426
Last History Body:              ------
Last History Date:              19940525
Last History Type:              Act No. 417
Scope of Legislation:           Statewide
All Sponsors:                   Kirsh
                                Farr
                                Walker
                                D. Wilder
                                Vaughn
                                Rudnick
                                Stille
                                Simrill
                                Harvin
                                Keyserling
                                Meacham
                                Delleney
                                Corning
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
4377   ------  19940525      Act No. 417
4377   ------  19940525      Signed by Governor
4377   ------  19940519      Ratified R 479
4377   House   19940511      Concurred in Senate
                             amendment, enrolled for
                             ratification
4377   House   19940511      Reconsidered vote whereby
                             debate was adjourned on the
                             Senate amendments until May
                             17, 1994
4377   House   19940510      Debate adjourned on Senate
                             amendments until Tuesday, May
                             17, 1994
4377   Senate  19940427      Read third time, returned to
                             House with amendment
4377   Senate  19940426      Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
4377   Senate  19940421      Committee Report: Favorable     15
                             with amendment
4377   Senate  19940302      Introduced, read first time,    15
                             referred to Committee
4377   House   19940301      Read third time, sent to
                             Senate
4377   House   19940224      Amended, read second time
4377   House   19940209      Committee Report: Favorable     21
                             with amendment
4377   House   19940111      Introduced, read first time,    21
                             referred to Committee
4377   House   19931215      Prefiled, referred to           21
                             Committee
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A417, R479, H4377)

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.