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Bill 3179

                    Current Status

Bill Number:                      3179
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  D. Smith
All Sponsors:                     D. Smith, Leach
Drafted Document Number:          l:\council\bills\nbd\11051jm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Safety belt, seat belt enforcement; 
                                  penalty increased, motor vehicle insurance, 
                                  rate reduction


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990114  Co-Sponsor added (Rule 5.2) by Rep.            Leach
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19990106  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES, ENFORCEMENT, AND RELATED PROVISIONS REGARDING THE LAW ON SAFETY BELTS, SO AS TO PROVIDE AFFIRMATIVELY THAT A VIOLATION OF THIS LAW IS A MISDEMEANOR, REVISE THE PENALTIES FOR VIOLATION, AND DELETE CERTAIN PROVISIONS, INCLUDING THOSE MAKING THE VIOLATION OF THIS LAW A SECONDARY OFFENSE; AND TO PROVIDE THAT ALL SCHEDULES OF RATES, RATE CLASSIFICATIONS, AND RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE SOUTH CAROLINA DEPARTMENT OF INSURANCE SHALL PROVIDE FOR A FIVE PERCENT REDUCTION IN PREMIUM CHARGES OF EVERY KIND FOR ALL INSURED PERSONS UPON THE EFFECTIVE DATE OF THIS ACT.

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

SECTION 1. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person violating the provisions of this article, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten dollars, all or part of which may be suspended fined fifty dollars or imprisoned for thirty days, or both. No court costs may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense.

(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action."

SECTION 2. All schedules of rates, rate classifications, and rating plans for automobile insurance as defined in Section 38-77-30 of the 1976 Code filed with the Department of Insurance shall provide for a five percent reduction in premium charges of every kind for all insured persons in South Carolina upon the effective date of this act.

SECTION 3. This act takes effect July 1, 2000.

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