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Sponsors: Reps. Ott, Clark, Cobb-Hunter, Witherspoon, Rhoad, Duncan, Hosey, Clyburn, Weeks, J.H. Neal, Breeland, G. Brown, Freeman, Gilham, J. Hines, Hinson, Koon, Lloyd, Mahaffey, Martin, McCraw, Merrill, Miller, Moody-Lawrence, Pinson, M.A. Pitts, Snow, Stille, Taylor and Emory
Document Path: l:\council\bills\pt\1911mm04.doc
Introduced in the House on March 10, 2004
Introduced in the Senate on April 28, 2004
Last Amended on April 27, 2004
Currently residing in the Senate Committee on Fish, Game and Forestry
Summary: All-terrain Vehicle Safety Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/10/2004 House Introduced and read first time HJ-19 3/10/2004 House Referred to Committee on Education and Public Works HJ-19 3/18/2004 House Recalled from Committee on Education and Public Works HJ-19 3/18/2004 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-19 4/15/2004 House Committee report: Majority favorable with amend., minority unfavorable Agriculture, Natural Resources and Environmental Affairs HJ-3 4/19/2004 Scrivener's error corrected 4/27/2004 House Member(s) request name added as sponsor: Emory 4/27/2004 House Amended HJ-93 4/27/2004 House Read second time HJ-96 4/27/2004 House Roll call Yeas-54 Nays-45 HJ-96 4/28/2004 House Read third time and sent to Senate HJ-26 4/28/2004 Senate Introduced and read first time SJ-22 4/28/2004 Senate Referred to Committee on Fish, Game and Forestry SJ-22
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
April 27, 2004
Introduced by Reps. Ott, Clark, Cobb-Hunter, Witherspoon, Rhoad, Duncan, Hosey, Clyburn, Weeks, J.H. Neal, Breeland, G. Brown, Freeman, Gilham, J. Hines, Hinson, Koon, Lloyd, Mahaffey, Martin, McCraw, Merrill, Miller, Moody-Lawrence, Pinson, M.A. Pitts, Snow, Stille, Taylor and Emory
S. Printed 4/27/04--H.
Read the first time March 10, 2004.
This bill is expected to increase earmarked funds of DNR by $433,500 in FY 2004-05. With full implementation, a minimum of this same amount is expected in succeeding years. Based on current allocations of penalties this bill would not impact the general fund revenue in FY 2004-05.
This bill, as amended, enacts "Chandler's Law" to define an all-terrain vehicle (ATV) for use as a motorized off-highway vehicle in this State. The Department of Natural Resources (DNR) is designated to set regulations for operation and safety equipment; registration and licensing to include safety education certificates; and operator and owner liability. DNR would also enforce criminal and civil penalties. The DNR would retain all proceeds for an ATV registration fee of $30, valid for a three year period, to support operations. Existing ATVs must be registered within one year of enactment. Any ATVs purchased after that anniversary date must then be registered within sixty days of purchase. The disposition of criminal or civil penalties is to be determined based on agency or statutory guidelines for the particular offense.
Based on DNR analysis of comparable startup for boating registrations, the BEA estimates 14,450 registrations in the initial year, FT 2004-05. Multiplying 14,450 times the $30 registration fee yields $433,500. This bill would therefore raise DNR earmarked funds by $433,500 in FY 2004-05. This bill is not expected to impact general fund revenue in FY 2004-05, if penalty revenue allocations are the same as for the Fish and Game Fund.
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 50 SO AS TO ENACT THE ALL-TERRAIN VEHICLE SAFETY ACT BY PROVIDING FOR A DEFINITION OF ALL-TERRAIN VEHICLES, REGULATION OF OPERATION AND SAFETY EQUIPMENT, REGISTRATION AND LICENSING, OPERATOR AND OWNER LIABILITY, AND CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 50 of the 1976 Code is amended by adding:
Section 50-27-10. This chapter may be cited as 'Chandler's Law'.
Section 50-27-20. For purposes of this chapter:
(1) 'All-terrain vehicle' means a motorized off-highway vehicle fifty inches (1270 mm) or less in width, having a dry weight of six hundred pounds (273 kg) or less, traveling on three or more low-pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control, and other off-highway vehicles as may be designated by the Department of Natural Resources.
(2) 'Department' means the Department of Natural Resources.
(3) 'Owner' means a person having a property interest or title to an all-terrain vehicle and entitled to the use and possession of the vehicle.
(4) 'Person' means every natural person, firm, copartnership, association, or corporation.
(5) 'Register' means the act of assigning and recording a registration.
Section 50-27-30. (A) A person sixteen years of age or younger may not operate an all-terrain vehicle within this State unless the person:
(1) has successfully completed an all-terrain vehicle safety education, training, and skills demonstration program, passed the knowledge and skills test, and otherwise complied with procedures established or a program approved by the department, and has been issued a safety certificate; or
(2) is operating the all-terrain vehicle as part of a prescribed vehicle safety education, training, and skills demonstration program and is under the direct supervision of a certified all-terrain vehicle safety instructor.
(B) The department may not issue an all-terrain vehicle operator's safety certificate to a person unless the person has successfully completed the vehicle safety education, training, and skills demonstration program, passed the knowledge and skills test, and otherwise complied with procedures established by the department. A certificate of successful completion of a 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.
(C) The department shall promulgate regulations establishing procedures for a comprehensive all-terrain vehicle safety education, training, and skills demonstration program. The program must include a knowledge and skills test incorporating minimum requirements designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of an all-terrain vehicle.
Section 50-27-40. (A) Except as provided in subsection (B), an all-terrain vehicle must be registered with the department within one year after this chapter takes effect. An all-terrain vehicle purchased after one year from the effective date of this chapter must be registered with the department within sixty days of the purchase date. A registration is valid for a period of three years. A decal showing the registration number and expiration date must be displayed on the left rear fender of the vehicle.
(B) A registration is not required for an all-terrain vehicle:
(1) owned and operated by the United States, another state, or a political subdivision of another state;
(2) owned and operated by this State or by a municipality or political subdivision of this State; and
(3) covered by a valid registration of another state or country and that has not been within this State for more than thirty days.
(C) The department shall promulgate regulations relating to all-terrain vehicles, including:
(1) application for, and registration of, all-terrain vehicles and display of registration numbers; and
(2) assessment of a fee, not to exceed thirty dollars, payable by applicants and retained by the department to cover the cost of implementing and enforcing this chapter.
Section 50-27-50. 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 meeting United States Department of Transportation standards for motorcycle helmets and eye protection meeting department standards. The department shall promulgate regulations establishing safety standards for helmet and eye protection.
Section 50-27-60. It is unlawful to operate an all-terrain vehicle on land without the permission of the landowner or land manager. The permission must be in writing if the owner or manager is not personally present at the operation of the all-terrain vehicle. A person convicted of a violation of this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. Upon conviction for a second offense within five years of a conviction for a first offense, the operator must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. For a third or later offense within five years of a first offense, the operator must be fined not less than five hundred dollars or imprisoned for not more than thirty days. All equipment used by the operator in connection with a third conviction within five years of a first conviction is forfeited to the department for department use or sale at a public auction.
Section 50-27-70. (A) A person may not operate an all-terrain vehicle within this State in a negligent manner.
(B)(1) Negligent operation includes, but is not limited to:
(a) operating an all-terrain vehicle at reckless speed;
(b) failing to maintain a proper lookout for other all-terrain vehicles, objects, or persons;
(c) operating too fast for conditions;
(d) operating while under the influence of alcohol or drugs; or
(e) operating with a disregard for the safety or property of others.
(2) Negligent operation does not include operation during official events organized for the competitive use of all-terrain vehicles.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than two hundred dollars or imprisoned not more than thirty days for each violation.
(D) In addition to other penalties, the department shall require a person convicted pursuant to this section three times within a five-year period to attend and complete an all-terrain vehicle operational education program approved by the department. A person's privilege to operate an all-terrain vehicle in this State must be suspended until successful completion of the required class.
Section 50-27-85. The department is prohibited from releasing registration information to any county to be used for property tax purposes.
Section 50-27-90. A person who violates a provision of this chapter is subject to a civil penalty not to exceed five hundred dollars for each violation."
SECTION 2. This act takes effect upon approval by the Governor.
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