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State of South Dakota  
EIGHTIETH SESSION
LEGISLATIVE ASSEMBLY,  2005
 

392L0721  
HOUSE BILL   NO.     1230  

Introduced by:     Representatives Glenski, Bradford, Dennert, Frost, Howie, McCoy, Miles, Roberts, Schafer, Sigdestad, Street, Tidemann, Weems, and Willadsen and Senators Kooistra, Abdallah, Broderick, Dempster, Gray, Hanson (Gary), Koetzle, Olson (Ed), Peterson (Jim), and Sutton (Duane)  



         FOR AN ACT ENTITLED, An Act to  require certain children to be in a booster seat when in a motor vehicle and to provide that certain penalties be waived if a child passenger restraint system or booster seat is acquired.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 32-37-1 be amended to read as follows:
     32-37-1.   Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions. The child passenger restraint system shall meet Department of Transportation Motor Vehicle Safety Standard 213 as in effect January 1, 1981 2005 . The requirements of this section are met if the child is under five years of age and is at least forty pounds in weight by securing the child in a seat belt booster seat properly secured by a lap and shoulder belt system . An operator who violates this section commits a petty offense.
     Section  2.  That § 32-37-1.1 be amended to read as follows:
     32-37-1.1.   Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under seven years of age shall assure that the passenger is seated in a booster seat properly secured by a lap and shoulder belt system. Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least seven and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989 2005 , at all times when the vehicle is in motion. A violation of this section is a petty offense.
     Section  3.  That chapter 32-37 be amended by adding thereto a NEW SECTION to read as follows:
     For the purposes of this chapter, the term, booster seat, means a backless child passenger restraint system meeting the requirements of Federal Motor Vehicle Safety Standard Number 213 (49 CFR 571.213) in effect on January 1, 2005 or a belt-positioning seat meeting the requirements of Federal Motor Vehicle Safety Standard Number 213 (49 CFR 571.213) in effect on January 1, 2005.
     Section  4.  That chapter 32-37 be amended by adding thereto a NEW SECTION to read as follows:
     No judgment may be issued against a person charged with violating §  32-37-1 or 32-37-1.1 for failure to have a child passenger restraint system or a booster seat if the person produces in court, on or before the appearance date for violation, proof that the person has purchased, rented, or has on loan a child passenger restraint system or booster seat.