An Act to revise and repeal certain provisions related to the wearing of a safety seat belt and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-37-1 be AMENDED:

32-37-1. Any operator of any a passenger vehicle operated on a highway, as defined in § 31-1-1, 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 must meet Department of Transportation Federal Motor Vehicle Safety Standard 213 as in effect , 49 C.F.R. § 571.213 (January 1, 1981). The If the child is under five years of age and is at least forty pounds in weight, 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. An operator who violates A violation of this section commits a petty offense is a Class 2 misdemeanor.

Section 2. That § 32-37-1.1 be AMENDED:

32-37-1.1. Any operator of a passenger vehicle operated on a public street or highway in this state, as defined in § 31-1-1, transporting a passenger who is at least five years of age 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), at all times when the vehicle is in motion. A violation of this section is a petty offense Class 2 misdemeanor.

Section 3. That § 32-37-1.2 be AMENDED:

32-37-1.2. Any operator of any a passenger vehicle operated on a public street or highway in this state, as defined in § 31-1-1, who is at least fourteen years of age and under eighteen years of age, shall wear 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), at all times when the vehicle is in motion. A violation of this section is a petty offense Class 2 misdemeanor.

Section 4. That § 32-37-1.3 be AMENDED:

32-37-1.3. Any passenger of any a passenger vehicle operated on a public street or highway in this state, as defined in § 31-1-1, who is at least fourteen years of age and under eighteen years of age, shall wear 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), at all times when the vehicle is in motion. A violation of this section is a petty offense Class 2 misdemeanor.

Section 5. That § 32-38-1 be AMENDED:

32-38-1. Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state, as defined in § 31-1-1, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (, § 49 C.F.R. 571.208) in effect (January 1, 1989), at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any A violation of this section is a Class 2 misdemeanor.

A violation of this section is not a moving traffic offense under the provisions of § 32-12-49.1.

Section 6. That § 32-38-5 be REPEALED.

Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.