South Carolina Legislature


 

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H 4243
Session 109 (1991-1992) 

H 4243 General Bill, By S.E. Gonzales, Bailey, J.J. Bailey, K.S. Corbett, 
R.C. Fulmer, H.M. Hallman, H.H. Keyserling, M.H. Kinon, I.K. Rudnick, 
S.S. Wofford, Young-Brickell and R.M. Young
 A Bill to amend Section 56-5-5015, Code of Laws of South Carolina, 1976,
 relating to sunscreen devices on motor vehicles, so as to provide the required
 percentage of light transmission for a combination of a sunscreening device
 and safety glazing with factory installed sunscreening, revise the affidavit
 requirement for the exemption, and provide for charges, convictions, and bond
 forfeiture pending on the effective date of this Act.

   01/22/92  House  Introduced and read first time HJ-8
   01/22/92  House  Referred to Committee on Education and Public
                     Works HJ-8



A BILL

TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO PROVIDE THE REQUIRED PERCENTAGE OF LIGHT TRANSMISSION FOR A COMBINATION OF A SUNSCREENING DEVICE AND SAFETY GLAZING WITH FACTORY INSTALLED SUNSCREENING, REVISE THE AFFIDAVIT REQUIREMENT FOR THE EXEMPTION, AND PROVIDE FOR CHARGES, CONVICTIONS, AND BOND FORFEITURE PENDING ON THE EFFECTIVE DATE OF THIS ACT.

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

SECTION 1. Section 56-5-5015(C), (D), and (G) of the 1976 Code are amended to read:

"(C) A sunscreening device when used in conjunction with the safety glazing materials of the side wings or side windows, or both, located at the immediate right and left of the driver and the side windows behind the driver must be nonreflective and have a light transmission of not less than thirty-five percent. However, a combination of a sunscreening device and safety glazing with factory installed sunscreening must have a light transmission of not less than twenty-seven percent.

(D) A sunscreening device when used in conjunction with the safety glazing of the rear-most window must be nonreflective and have a light transmission of not less than twenty percent, if one right and one left outside rearview mirror is are provided, and not less than thirty-five percent otherwise. However, a combination of a sunscreening device and safety glazing with factory installed sunscreening must have a light transmission of not less than fifteen percent, if one right and one left outside rearview mirror are provided, and not less than twenty-seven percent otherwise.

(G) The provisions of This section do does not apply to a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sunscreening material which would be of a light transmittance or luminous reflectance in violation of this section. The affidavit must be in the possession of the person so afflicted, or the person's legal guardian, at all times while being transported in operator of the motor vehicle."

SECTION 2. (A) Charges pending on the effective of this act for a violation of Section 56-5-5015(A) of the 1976 Code for an alleged offense committed before the effective date must be nol prossed by the prosecuting authority.

(B) A person convicted of or who has posted and forfeited bond for a violation of Section 56-5-5015(A) for an alleged offense committed before the effective date may receive a refund for a fine paid or bond forfeited upon making written application for the refund to the court in which the case was heard within thirty days of the effective date.

(C) All records of arrest, conviction, or bond forfeiture for violations of Section 56-5-5015(A) for an alleged offense committed before the effective date must be expunged sixty days after the effective date.

SECTION 3. This act takes effect upon approval by the Governor.

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