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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 8, 2002
H. 3014
Introduced by Reps. Kirsh, Witherspoon, Walker, Meacham-Richardson and Stille
S. Printed 5/8/01--S.
Read the first time March 22, 2001.
TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-3-150 of the 1976 Code, as last amended by Act 5 of 1995, is further amended to read:
"Section 56-3-150. (A) A foreign privately owned and operated passenger vehicle of a nonresident, otherwise subject to registration and license under the provisions of as provided by this chapter, may be operated within this State without being registered and licensed under the provisions of pursuant to this chapter, subject to the conditions that the vehicle is at all times, when operated in this State, the vehicle:
(1) is duly registered or licensed in the state, territory, district, or country of residence of the owner; and
(2) and that there is has displayed thereon on it a valid registration card and registration or license plate or plates.
(B) The vehicle of a nonresident must be registered and licensed pursuant to this chapter upon the earlier of a nonresident's:
(1) subsequent establishment of domicile in this State,; or
(2) operation of the vehicle in this State for an accumulated period exceeding one hundred fifty days.
(C) After receipt of a written inquiry from the auditor of any county in which public records show that a person owns or leases real or personal property in that county, the person who is the owner or operator of a nonregistered vehicle must respond within thirty days with a sworn written statement that:
(1) describes each vehicle owned or operated by him;
(2) details the registration location for each vehicle owned or operated by him;
(3) gives the date each vehicle was first owned or operated by him; and
(4) affirms that he has not established domicile in the county.
(D) The written inquiry by the auditor must be delivered in person or sent by certified letter, return receipt requested, to the nonresident's last known address. Before the auditor may send the written inquiry, the auditor must have received a credible report that a person may own or operate a nonregistered vehicle and that the person also may own or lease real or personal property in the county. The determination regarding whether the report is credible is within the discretion of the auditor.
(E)(1) The penalty for violation of this section is as provided for in Section 12-37-2615, in addition to any other penalties prescribed by law for failure timely to register a vehicle pursuant to this section.
(2) A person who wilfully fails to respond to an inquiry from the county auditor and is subsequently shown to have a nonregistered vehicle, who files a false sworn statement, or who otherwise wilfully violates this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, and must pay twice the amount all personal property taxes properly due and payable on the vehicle, and other vehicles owned now or earlier, if the vehicle had been registered lawfully pursuant to this section, plus penalties and interest.
(F) For purposes of this section, 'nonregistered vehicle' means a vehicle that is not registered in South Carolina."
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-1420. As used in this article 'all-terrain vehicle' or 'ATV' means a motorized vehicle measuring fifty inches or less in width, having a dry weight of six hundred pounds or less, designed primarily for recreational nonhighway travel, traveling on three or more low-pressure tires, having a seat designed to be straddled by the operator, and having handlebars for steering control.
Section 56-3-1425. An owner of an ATV shall make application to the Department of Public Safety for a certificate of registration and a permanent decal for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department accompanied by an affidavit affirming ownership of the ATV or a bill of sale from the place of business where the ATV was purchased.
Section 56-3-1430. The certificate of registration must be in the possession of a person transporting the vehicle on South Carolina highways or operating the vehicle on public land or land of a person other than the registered owner.
Section 56-3-1435. A law enforcement officer may stop and require the operator or person transporting the ATV to produce its certificate of registration, which must be made available to a law enforcement officer upon request. If the ATV's Vehicle Identification Number is missing or altered or if its operator or the person transporting the ATV unlawfully refuses to present the certificate of registration upon request of a county or municipal law enforcement agency, the law enforcement agency may take possession of the vehicle until the certificate of registration is presented or, the law enforcement agency may issue a ticket with the day and time the person must appear in court with the certificate of registration.
Section 56-3-1440. When a person who is not a licensed ATV dealer receives by purchase, gift, trade, or by another means a vehicle which was registered in this State, the person who receives the vehicle shall within forty-five days after the transfer of ownership, make application to the department accompanied by the required fee for registration and an affidavit affirming ownership of the ATV, or a bill of sale from the place of business where the ATV was purchased. The department shall issue a certificate of registration 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 must 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 and certificate of registration to the owner upon presentation of the affidavit.
Section 56-3-1445. The registration fee for an ATV is twenty-five dollars.
Section 56-3-1450. (A) It is unlawful for a person to operate an ATV on a public highway and its shoulder except as a means of reaching a crossing point on a highway.
(B) An ATV may cross a public highway and its adjacent shoulder if the:
(1) crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a safe crossing;
(2) ATV is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(3) driver yields the right of way to all oncoming traffic which is an immediate hazard; and
(4) crossing is only made at an intersection of the divided highway with another public highway when the ATV crosses a divided highway."
SECTION 2. This act takes effect upon approval by the Governor.
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