South Carolina General Assembly
116th Session, 2005-2006

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Bill 138

Indicates Matter Stricken
Indicates New Matter

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

RECALLED

May 11, 2005

S. 138

Introduced by Senator Hayes

S. Printed 5/4/05--H.

Read the first time April 26, 2005.

            

A BILL

TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

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

SECTION    1.    Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 10

Section 56-3-1420.    As used in this article 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for recreational non-highway travel and traveling on three or more low-pressure tires.

Section 56-3-1425.    An owner of an ATV may make application to the Department of Natural Resources 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 56-3-1430.    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 56-3-1435.    The title fee for an ATV is contained in Section 50-26-10. An ATV is exempt from city and county property taxes."

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

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