Current Status Introducing Body:House Bill Number:4696 Primary Sponsor:Harrison Committee Number:24 Type of Legislation:CR Subject:Traffic and motor vehicle safety laws, regulation of Residing Body:House Computer Document Number:436/12330.DW Introduced Date:Apr 08, 1992 Last History Body:House Last History Date:Apr 08, 1992 Last History Type:Introduced, referred to Committee Scope of Legislation:Statewide All Sponsors:Harrison Farr Corning Rogers Vaughn A. Young Gonzales Wofford Haskins Quinn Phillips Kirsh McGinnis Baker Stone Type of Legislation:Concurrent Resolution
Bill Body Date Action Description CMN
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4696 House Apr 08, 1992 Introduced, referred to 24
Committee
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TO MEMORIALIZE THE UNITED STATES CONGRESS TO REFRAIN FROM IMPOSING UPON THE STATE'S CONSTITUTIONAL AUTHORITY TO REGULATE TRAFFIC AND MOTOR VEHICLE SAFETY WITHIN THEIR RESPECTIVE BOUNDARIES, AND SPECIFICALLY TO REFRAIN FROM MANDATING THE PASSAGE OF STATE LAWS REQUIRING THE USE OF MOTORCYCLE HELMETS, SAFETY BELTS, AND CHILD RESTRAINT SYSTEMS.
Whereas, the Tenth Amendment to the United States Constitution, part of the original Bill of Rights, reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"; and
Whereas, the limits on Congress' authority to regulate state activities prescribed by the Tenth Amendment have gradually been eroded and federal mandates to the states in these protected areas have become almost commonplace; and
Whereas, the regulation of traffic and motor vehicle safety laws are constitutionally the province of state, not congressional, authority; and
Whereas, a recently proposed federal mandate would reduce the apportionment of federal highway funds to states which do not enact statutes requiring the use of helmets by motorcyclists and the use of safety belts and child restraint systems by drivers and front seat passengers in automobiles by July 1, 1992; and
Whereas, while the stated goals of such federal mandate, to reduce highway fatalities and injuries through increased use of motorcycle helmets and safety belts, are certainly praiseworthy, it is the opinion of this General Assembly that the passage of such legislation by the United States Congress would be a blatant transgression upon the State's regulatory authority under the Tenth Amendment. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Congress of the United States is memorialized to refrain from imposing upon the State's constitutional authority to regulate traffic and motor vehicle safety within their respective boundaries, and specifically to refrain from mandating the passage of state laws requiring the use of motorcycle helmets, safety belts, and child restraint systems.
Be it further resolved that a copy of this resolution be forwarded to Speaker of the House of Representatives, the President pro tempore of the United States Senate, and to each member of the South Carolina Congressional Delegation.