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COMMITTEE AMENDMENT ADOPTED AND AMENDED
May 3, 2006
H. 3726
Introduced by Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown
S. Printed 5/3/06--S. [SEC 5/4/06 2:14 PM]
Read the first time May 3, 2005.
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 THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN 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 50-26-10. 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) The provisions of this section apply to the operation of all-terrain vehicles on those lands open to the public.
(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) 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.
(D) 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.
(E) A person at least nine years of age but not over sixteen years of age 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.
(F) A person at least nine years of age but not over sixteen years of age must be accompanied by an adult while operating an all-terrain vehicle.
(G) It is unlawful to operate an all-terrain vehicle except in compliance with the local regulations and restrictions for an all-terrain vehicle operation.
(H) 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.
(I) It is unlawful to cross an unbridged stream except at a designated ford or crossing. Riding in any water bodies or watercourses is unlawful.
(J) 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.
(K) It is unlawful to operate an all-terrain vehicle while under the influence of alcohol or any controlled substance.
(L) It is unlawful to operate an all-terrain vehicle in a negligent or reckless manner.
(M) 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 50-26-40. All-terrain vehicles are exempt from ad valorem personal property taxes beginning with calendar year 2007.
Section 50-26-50. 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."
SECTION 2. (A) 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.
(B) Notwithstanding the provisions of Section 2 of this act, the provisions of this section take effect upon approval by the Governor.
SECTION 3. This act takes effect July 1, 2007.
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