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COMMITTEE REPORT
February 4, 1999
S. 415
Introduced by Senators Land, Hutto, O'Dell, Hayes, Giese and Holland
S. Printed 2/4/99--S.
Read the first time January 27, 1999.
To whom was referred a Bill (S. 415), to amend Section 56-5-6520, Code of Laws of South Carolina, 1976, relating to mandatory use of seat belts, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JOHN C. LAND, III, for Committee.
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 as a "primary" 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 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.
TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.
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."
SECTION 2. Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:
"(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to a 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:
"(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 for failing to wear a safety belt shall 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 shall be assessed against that occupant. A fine imposed pursuant to this section against an occupant or occupants under the age of eighteen for failing to wear a safety belt shall 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 shall be no 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 for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or 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 when:
(1) an occupant of the motor vehicle is not wearing a safety belt or other child restraint system as required by Article 47; or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger 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 upon approval by the Governor.
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