South Carolina General Assembly
113th Session, 1999-2000

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Bill 3552


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3552
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990217
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison, D. Smith, J. Brown, 
                                  Cobb-Hunter, Cotty, Harvin, Jennings, Klauber, 
                                  Limehouse, Lourie, Maddox, Seithel, F. Smith, 
                                  J. Smith, Stuart, Whipper and Wilkes
Drafted Document Number:          l:\council\bills\bbm\10095som99.doc
Companion Bill Number:            415
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Safety belt enforcement, fines increased 
                                  for violation; Motor Vehicles


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990527  Recommitted to Committee               21 HJ
House   19990527  Request for debate withdrawn
                  by Representative                              Robinson
                                                                 McMahand
House   19990526  Debate adjourned
House   19990428  Request for debate by Representative           Robinson
                                                                 Cato
                                                                 Altman
                                                                 Harrison
                                                                 Meacham
                                                                 Quinn
                                                                 Seithel
                                                                 McMahand
                                                                 Leach
                                                                 Rhoad
                                                                 Harrell
                                                                 Whatley
                                                                 Knotts
                                                                 Gourdine
Young-Brickell
                                                                 Sandifer
                                                                 Scott
                                                                 J.H. Neal
                                                                 Loftis
                                                                 Davenport
                                                                 Vaughn
House   19990428  Objection by Representative                    Simrill
Moody-Lawrence
                                                                 Kirsh
House   19990422  Committee report: Favorable with       25 HJ
                  amendment
House   19990217  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill
Revised on April 22, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 22, 1999

H. 3552

Introduced by Reps. Harrison, D. Smith, J. Brown, Cobb-Hunter, Cotty, Harvin, Jennings, Klauber, Limehouse, Lourie, Maddox, Seithel, F. Smith, J. Smith, Stuart, Whipper and Wilkes

S. Printed 4/22/99--H.

Read the first time February 17, 1999.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3552), to amend Section 56-5-6520, Code of Laws of South Carolina, 1976, relating to mandatory use of seat belts, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520. The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age under eighteen years of age to wear a safety belt or other child restraint system as provided for in Article 47 of this chapter."/

Amend the bill further, as and if amended, SECTION 3 by striking Section 56-5-6540(A) and (B) and inserting:

/"(A) A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may not 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. A fine imposed pursuant to this section against the driver must be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt must be assessed against that occupant. A fine imposed pursuant to this section against occupants under the age of eighteen for failing to wear a safety belt must be assessed against the driver; however, the total fine assessed against a driver for any one incident must not be more than twenty-five dollars. No A custodial arrest for a violation of this article may not 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 Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B) A law enforcement officer may not stop and issue a citation to a driver for a violation of this article:

(1) when the stop is made in conjunction with another violation of the motor vehicle laws;

(2) a driver or occupant of the motor vehicle under the age of eighteen is not wearing a safety belt or other child restraint system as required by Article 47; or

(3) the stop is made at a lawful checkpoint. 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

Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person not restrained as required by this article. A vehicle, operator of a vehicle, or occupant in a vehicle may not be searched solely as a result of a violation of this article."

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1

This bill would have no impact on general fund revenue in FY 1999-00. This bill would increase local government revenue by $850,000 in FY 1999-00.

Explanation

This bill merges provisions for the use of seat belts and child safety restraints in motor vehicles and will allow an officer to issue a citation solely for this violation. Under current law, an officer could not cite violators unless the vehicle was stopped for another violation or the stop was in conjunction with a license/registration checkpoint. This bill, to take effect July 1, 1999, would base probable cause for a violation on an officer's clear and unobstructed view that an occupant is not restrained. The bill increases the basic fine for the driver from $10 to $15. All violations for occupants under the age of eighteen will be assessed against the driver. The maximum fine for any one incident against the driver will increase from $20 to $25. A seat belt violation by any occupant over the age of eighteen is considered separately and a $15 fine shall be assessed against that occupant.

It is expected the change in enforcement policy and enhanced fines will ensure greater compliance with seat belt and child restraint use. Based on traffic fine data maintained by the Highway Patrol, it is estimated that up to 100,000 seat belt violations would be issued statewide each year. Of these cases, an increased fine of $5 would apply to 65,000 cases for drivers and 35,000 cases would apply to other occupants over the age of eighteen, at a fine of $15. Accordingly, this bill would increase fine revenue allocated to local government jurisdictions by $850,000 in FY 1999-00. This bill would not impose additional assessments or surcharges for distribution to state or local government entities.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

A BILL

TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE AND TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47, CHAPTER 5, TITLE 56; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FROM MANDATORY USE OF SEAT BELTS, SO AS TO DELETE AN EXCEPTION FOR CHILD RESTRAINT SYSTEMS IN ORDER TO CONFORM TO THESE PROVISIONS; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES AND ENFORCEMENT PROVISIONS OF MANDATORY SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS, TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

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

SECTION 1. Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520. The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age to wear a safety belt or other child restraint system as provided for in Article 47 of this chapter."

SECTION 2. Section 56-5-6530 of the 1976 Code is amended to read:

"Section 56-5-6530. The provisions of this article do not apply to:

(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;

(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;

(3) school, church, or day care buses;

(4) public transportation vehicles except taxis;

(5) occupants of vehicles in parades;

(6) United States mail carriers;

(7) an occupant for which no safety belt is available because all belts are being used by other occupants;

(8) a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes; or

(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the lap belt;.

(10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56."

SECTION 3. 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, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs, assessments, or surcharges 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. A fine imposed pursuant to this section against the driver must be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt must be assessed against that occupant. A fine imposed pursuant to this section against occupants under the age of eighteen for failing to wear a safety belt must be assessed against the driver if he is eighteen years of age or older; however, the total fine assessed against a driver for any one incident must not be more than twenty-five dollars. 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 Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B) A law enforcement officer may not stop and issue a citation to a driver solely 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.

Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person not restrained as required by this article. No vehicle, operator of a vehicle, or occupant in a vehicle may be searched solely as a result of a violation of this article.

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

SECTION 4. This act takes effect July 1, 1999, and applies to all offenses committed on or after that date.

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