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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