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Bill 145

                    Current Status

Bill Number:                      145
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010116
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson
Drafted Document Number:          l:\council\bills\ggs\22760cm01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Date of Last Amendment:           20020402
Subject:                          Alcohol, beer and wine; possession in 
                                  open containers in motor vehicles such as 
                                  moving limousine or chartered bus


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020404  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20020403  Read third time, sent to House
Senate  20020402  Amended, read second time
Senate  20010131  Committee report: Favorable            11 SJ
Senate  20010116  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on January 31, 2001 - Word format
Revised on April 2, 2002 - Word format

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 2, 2002

    S. 145

S. Printed 4/2/02--S.

Read the first time January 16, 2001.

TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A PASSENGER TWENTY-ONE YEARS OF AGE OR OLDER IN A MOVING LIMOUSINE OR CHARTERED BUS WHO IS NOT IN THE DRIVING COMPARTMENT OR PORTION OF THE VEHICLE WHICH IS ACCESSIBLE TO THE DRIVER WHILE OPERATING THE VEHICLE.

    Amend Title To Conform

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

SECTION    1.    Section 61-4-10, as last amended by Act 390 of 2000, is further amended to read:

    "Section 61-4-110.     It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, does not apply to a passenger twenty-one years of age or older in a moving limousine, chartered bus, or recreation vehicle who is not in the driving compartment or portion of the vehicle which is accessible to the driver while operating the vehicle, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

    For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume."

SECTION    2.    This act takes effect upon approval by the Governor.

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