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COMMITTEE REPORT
January 31, 2001
S. 145
S. Printed 1/31/01--S.
Read the first time January 16, 2001.
To whom was referred a Bill (S. 145) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ADDISON G. WILSON, for Committee.
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.
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 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, 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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