South Carolina General Assembly
116th Session, 2005-2006
R404, H3726
STATUS INFORMATION
General Bill
Sponsors: Reps. Ott, Clark, J.E.Smith, McGee, Witherspoon, Branham, CobbHunter, 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 HJ20
3/9/2005 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ20
4/19/2005 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ5
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 debateRep(s).Tripp, Loftis, Talley, Duncan, Thompson, Coates, Vick, Ott, Witherspoon, Pinson, EH Pitts, Hosey, Toole, Weeks, Owens, and GM Smith HJ20
4/27/2005 House Requests for debate removedRep(s).Duncan, Coates, Thompson, GM Smith, Ott, Hosey, Talley, Toole, Owens, and Pinson HJ99
4/27/2005 House Requests for debate removedRep(s).Witherspoon and EH Pitts HJ100
4/27/2005 House Debate interrupted HJ136
4/27/2005 House Amended HJ159
4/27/2005 House Read second time HJ162
4/28/2005 House Read third time and sent to Senate HJ15
5/3/2005 Senate Introduced and read first time SJ24
5/3/2005 Senate Referred to Committee on Fish, Game and Forestry SJ24
2/16/2006 Senate Committee report: Favorable with amendment Fish, Game and Forestry SJ14
5/3/2006 Senate Amended SJ7
5/3/2006 Senate Read second time SJ7
5/4/2006 Scrivener's error corrected
5/4/2006 Senate Read third time and returned to House with amendments SJ20
5/10/2006 House Nonconcurrence in Senate amendment HJ42
5/18/2006 Senate Senate insists upon amendment and conference committee appointed Hutto, Cromer, and Bryant SJ38
5/18/2006 House Conference committee appointed Reps.Duncan, MA Pitts, and Ott HJ74
5/31/2006 Senate Conference report rejected SJ44
5/31/2006 Senate Reconsidered SJ197
5/31/2006 Senate Conference report adopted SJ257
6/1/2006 House Conference report received and adopted HJ55
6/1/2006 House Ordered enrolled for ratification HJ58
6/7/2006 Ratified R 404
6/13/2006 Vetoed by Governor
6/14/2006 House Veto overridden by originating body Yeas74 Nays31 HJ120
6/14/2006 Senate Veto sustained Yeas19 Nays22 SJ126
VERSIONS OF THIS BILL
3/9/2005
4/19/2005
4/25/2005
4/27/2005
2/16/2006
5/3/2006
5/4/2006
6/1/2006
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.
(R404, H3726)
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 ALLTERRAIN 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 ALLTERRAIN VEHICLE, TO PROVIDE THAT ALLTERRAIN 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 ALLTERRAIN VEHICLES.
Be it enacted by the General Assembly of the State of South Carolina:
AllTerrain Vehicle Safety Act
SECTION 1. Title 50 of the 1976 Code is amended by adding:
“CHAPTER 26
AllTerrain Vehicle Safety Act
Section 502610. This chapter may be cited as ‘Chandler’s Law’.
Section 502620. For the purposes of this chapter ‘allterrain vehicle’ or ‘ATV’ means a motorized vehicle designed primarily for offroad travel on lowpressure tires which has a saddle seat and three or more wheels and handle bars for steering but does not include lawn tractors or batterypowered children’s toys or any vehicle that is required to be licensed or titled for highway use.
Section 502630. (A) A person at least nine years of age but not over sixteen years of age may not operate an allterrain vehicle within this State unless the person:
(1) has successfully completed an allterrain vehicle safety education course approved by the department, and has been issued a safety certificate; or
(2) is operating the allterrain vehicle as part of a prescribed allterrain vehicle safety education, training, and skills program and is under the direct supervision of a certified allterrain 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 allterrain vehicle.
(C) The department may not issue an allterrain vehicle operator’s safety certificate to a person unless the person has successfully completed the allterrain vehicle safety education course. A certificate of successful completion of an allterrain 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 allterrain vehicle within this State unless the person wears a safety helmet and eye protection meeting United States Department of Transportation standards for motorcycles.
Section 502640. (A) The restrictions in this section apply to operation of allterrain vehicles on those lands open to the public and are in addition to the requirements of Section 502630.
(B) It is unlawful to operate an allterrain vehicle except in compliance with the local regulations and restrictions for allterrain vehicle operation.
(C) A person sixteen years of age or younger must be accompanied by an adult.
(D) It is unlawful to operate an allterrain vehicle between onehalf hour after sunset to onehalf 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 allterrain 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 allterrain vehicle while under the influence of alcohol or any controlled substance.
(H) It is unlawful to operate an allterrain vehicle in a negligent or reckless manner.
(I) It is unlawful to operate an allterrain vehicle in a manner that damages flora or fauna, roads, trails, firebreaks, signs, gates, guardrails, bridges, fencing, or other public property.
Section 502650. Allterrain vehicles are exempt from ad valorem personal property taxes beginning with calendar year 2007.
Section 502660. 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 allterrain vehicles
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
“Article 10
Titling of AllTerrain Vehicles
Section 5631420. 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 5631425. 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 5631430. The title fee for an ATV is contained in Section 5619420(A). For purposes of this article, an allterrain vehicle (ATV) is defined as provided in Section 502620.”
Time effective
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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Governor
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