S*0037(Rat #0008, Act #0002 of 1983)  General Bill, By Land, H.A. Chapman, 
L.M. Gressette, Leatherman, J.A. Martin, McConnell, F.H. McGill, P.B. McLeod, 
Ravenel, J.R. Richardson, D.S. Rushing, Saleeby, A.M. Sanders, T.B. Smith, 
N.A. Theodore, J.M. Waddell and T.D. Wise

Similar(H 2256)
 A Bill to amend Chapter 5, Title 56, Code of Laws of South Carolina, 1976, by
 adding Article 47 so as to require children under four years of age to be
 secured by certain child restraint systems when being transported in motor
 vehicles, to provide exceptions, and to provide penalties for violations; and
 to amend Section 12-7-700, as amended, relating to allowable deductions in
 computing net income for State Income Tax purposes, so as to provide that the
 cost of such child restraint systems shall be deductible for these
 purposes.-amended title

   12/15/82  Senate Prefiled
   12/15/82  Senate Referred to Committee on Transportation
   01/11/83  Senate Introduced, read first time, placed on calendar
                     without reference SJ-83
   01/18/83  Senate Read second time SJ-185
   01/18/83  Senate Ordered to third reading with notice of
                     amendments SJ-185
   01/19/83  Senate Read third time and sent to House SJ-193
   01/19/83  House  Introduced and read first time HJ-421
   01/19/83  House  Referred to Committee on Education and Public
                     Works HJ-421
   01/20/83  House  Recalled from Committee on Education and Public
                     Works HJ-456
   01/25/83  House  Objection by Rep. Gentry, Martin & McEachin HJ-490
   01/25/83  House  Debate interrupted HJ-500
   01/26/83  House  Objection withdrawn by Rep. Gentry HJ-524
   01/26/83  House  Objection by Rep. Hughston HJ-524
   01/26/83  House  Amended HJ-525
   01/26/83  House  Read second time HJ-529
   01/27/83  House   Read third time HJ-544
   01/27/83  House  Returned HJ-544
   02/03/83  Senate Concurred in House amendment and enrolled SJ-320
   02/10/83         Ratified R 8
   02/15/83         Signed By Governor
   02/15/83         Effective date 07/01/83
   02/15/83         Act No. 2
   02/22/83         Copies available

AN ACT TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 SO AS TO REQUIRE CHILDREN UNDER FOUR YEARS OF AGE TO BE SECURED BY CERTAIN CHILD RESTRAINT SYSTEMS WHEN BEING TRANSPORTED IN MOTOR VEHICLES, TO PROVIDE EXCEPTIONS, TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 12-7-700, AS AMENDED, RELATING TO ALLOWABLE DEDUCTIONS IN COMPUTING NET INCOME FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE COST OF SUCH CHILD RESTRAINT SYSTEMS SHALL BE DEDUCTIBLE FOR THESE PURPOSES.

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

Child restraint systems required

SECTION 1. Chapter 5 of Title 56 of the 1976 Code is amended by adding:

"ARTICLE 47

Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under four years of age upon the public streets and highways of the State must provide an appropriate child passenger restraint system and must secure the child as follows:

(1) Any child less than one year of age must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) Any child under four years of age when transported in the front seat must be properly secured in a child restraint system meeting standards prescribed by the National Highway Traffic Safety Administration.

(3) Any child one year through three years of age when transported in a rear seat must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration unless the child is secured by a safety belt provided in the motor vehicle.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article.

Section 56-5-6420. If all the seating positions with restraint devices are occupied by children age three and under, a child may be transported and the driver of the motor vehicle shall not be in violation of the provisions of this article, but priority must be given to children age three and under, according to their ages.

Section 56-5-6430. The provisions of this article do not apply if a child being transported is being fed, has a physical impairment, a medical problem or any distress which makes it impractical to use a child restraint system. Alternate restraint protection, such as the vehicle safety belt, must be utilized if possible.

Section 56-5-6440. The provisions of this article do not apply to:

(1) Taxi drivers.

(2) Drivers of emergency vehicles when operating in an emergency situation.

(3) Church, day care and school bus drivers.

(4) Public transportation operators.

(5) Commercial vehicles.

Section 56-5-6450. No person shall be subjected to a custodial arrest for violation of the provisions of this article. Any person violating the provisions of this article shall upon conviction be fined not more than twenty-five dollars. The court shall waive any fine against any person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article.

Section 56-5-6460. A violation of this article shall not constitute negligence, per se, contributory negligence nor be admissible as evidence in any trial of any civil action.

Section 56-5-6470. After June 30, 1984, any person violating the provisions of Article 47 of Chapter 5 of Title 56 may be, when apprehended, issued a summons, to appear in court for the violation, but no person shall at any time be placed under arrest or taken into custody for such a violation, other than upon a warrant issued for failure to appear in court in accordance with the summons or upon failure to pay a fine duly imposed by a court upon conviction."

Penalties

SECTION 2. Notwithstanding the provisions of Section 56-5-6450 of the 1976 Code, until July 1, 1984, any person violating the provisions of Article 47 of Chapter 5 of Title 56 of the Code shall be, when apprehended, issued a warning ticket only.

Systems to be tax deductible

SECTION 2A. Section 12-7-700 of the 1976 Code, as amended, is further amended by adding the following item to be appropriately numbered which shall read:

"( ) The costs of all child restraint systems purchased as a result of the requirements of Article 47, Chapter 5 of Title 56."

Time effective

SECTION 3. This act shall take effect July 1, 1983.