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Sponsors: Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown
Document Path: l:\council\bills\gjk\20278sd05.doc
Companion/Similar bill(s): 138, 3087
Introduced in the House on March 9, 2005
Introduced in the Senate on May 3, 2005
Last Amended on June 1, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 13, 2006, Vetoed
Legislative veto action(s): Veto sustained
Summary: Chandler's Law
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/9/2005 House Introduced and read first time HJ-20 3/9/2005 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-20 4/19/2005 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ-5 4/20/2005 House Member(s) request name added as sponsor: R.Brown 4/25/2005 Scrivener's error corrected 4/26/2005 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 4/27/2005 House Requests for debate removed-Rep(s). Duncan, Coates, Thompson, GM Smith, Ott, Hosey, Talley, Toole, Owens, and Pinson HJ-99 4/27/2005 House Requests for debate removed-Rep(s). Witherspoon and EH Pitts HJ-100 4/27/2005 House Debate interrupted HJ-136 4/27/2005 House Amended HJ-159 4/27/2005 House Read second time HJ-162 4/28/2005 House Read third time and sent to Senate HJ-15 5/3/2005 Senate Introduced and read first time SJ-24 5/3/2005 Senate Referred to Committee on Fish, Game and Forestry SJ-24 2/16/2006 Senate Committee report: Favorable with amendment Fish, Game and Forestry SJ-14 5/3/2006 Senate Amended SJ-7 5/3/2006 Senate Read second time SJ-7 5/4/2006 Scrivener's error corrected 5/4/2006 Senate Read third time and returned to House with amendments SJ-20 5/10/2006 House Non-concurrence in Senate amendment HJ-42 5/18/2006 Senate Senate insists upon amendment and conference committee appointed Hutto, Cromer, and Bryant SJ-38 5/18/2006 House Conference committee appointed Reps. Duncan, MA Pitts, and Ott HJ-74 5/31/2006 Senate Conference report rejected SJ-44 5/31/2006 Senate Reconsidered SJ-197 5/31/2006 Senate Conference report adopted SJ-257 6/1/2006 House Conference report received and adopted HJ-55 6/1/2006 House Ordered enrolled for ratification HJ-58 6/7/2006 Ratified R 404 6/13/2006 Vetoed by Governor 6/14/2006 House Veto overridden by originating body Yeas-74 Nays-31 HJ-120 6/14/2006 Senate Veto sustained Yeas-19 Nays-22 SJ-126
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VERSIONS OF THIS BILL
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.
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."
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.
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