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Current Status Bill Number:View additional legislative information at the LPITS web site.4359 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010904 Primary Sponsor:J. Brown All Sponsors:J. Brown Drafted Document Number:l:\council\bills\skb\18663som01.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Trucks, to prohibit the transport of persons under the age of eighteen in the open bed or cargo area of History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010904 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3900 SO AS TO PROHIBIT THE TRANSPORT OF A PERSON UNDER EIGHTEEN YEARS OF AGE IN THE OPEN BED OR CARGO AREA OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-3900. (A) It is unlawful to transport a person under eighteen years of age in the open bed or open cargo area of a pickup truck or trailer. An open bed or open cargo area is a bed or cargo area without permanent overhead restraining construction.
(B) Subsection (A) does not apply when:
(1) an adult is present in the bed or cargo area of the vehicle and is supervising the child;
(2) the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the Department of Public Safety;
(3) an emergency situation exists;
(4) the vehicle is being operated in an organized hayride or parade pursuant to a valid permit;
(5) the vehicle is being operated in an agricultural enterprise; or
(6) the vehicle is being operated in a county which has no incorporated area with a population greater than three thousand five hundred.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(D) No driver's license points or insurance surcharge may be assessed for a violation of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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