25.751.15 100th Legislative Session 165
2025 South Dakota Legislature
Senate Bill 165
Introduced by: Senator Larson
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise and repeal certain provisions related to the wearing of a safety seat 1
belt and to provide a penalty therefor. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 32-37-1 be AMENDED: 4
32-37-1. Any operator of any a passenger vehicle operated on a highway, as 5
defined in § 31-1-1, transporting a child under five years of age on the streets and 6
highways of this state, shall properly secure the child in a child passenger restraint system 7
according to its manufacturer's instructions. The child passenger restraint system shall 8
must meet Department of Transportation Federal Motor Vehicle Safety Standard 213 as 9
in effect , 49 C.F.R. § 571.213 (January 1, 1981). The If the child is under five years of 10
age and is at least forty pounds in weight, the requirements of this section are met if the 11
child is under five years of age and is at least forty pounds in weight by securing the child 12
in a seat belt. An operator who violates A violation of this section commits a petty offense 13
is a Class 2 misdemeanor. 14
Section 2. That § 32-37-1.1 be AMENDED: 15
32-37-1.1. Any operator of a passenger vehicle operated on a public street or 16
highway in this state, as defined in § 31-1-1, transporting a passenger who is at least five 17
years of age and under eighteen years of age, shall assure that the passenger is wearing 18
a properly adjusted and fastened safety seat belt system, required to be installed in the 19
passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard 20
Number 208 (, § 49 C.F.R. 571.208) in effect (January 1, 1989), at all times when the 21
vehicle is in motion. A violation of this section is a petty offense Class 2 misdemeanor. 22
Section 3. That § 32-37-1.2 be AMENDED: 23 25.751.15 2 165
Underscores indicate new language.
Overstrikes indicate deleted language.
32-37-1.2. Any operator of any a passenger vehicle operated on a public street 1
or highway in this state, as defined in § 31-1-1, who is at least fourteen years of age and 2
under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt 3
system, required to be installed in the passenger vehicle if manufactured pursuant to 4
Federal Motor Vehicle Safety Standard Number 208 (, § 49 C.F.R. 571.208) in effect 5
(January 1, 1989), at all times when the vehicle is in motion. A violation of this section is 6
a petty offense Class 2 misdemeanor. 7
Section 4. That § 32-37-1.3 be AMENDED: 8
32-37-1.3. Any passenger of any a passenger vehicle operated on a public street 9
or highway in this state, as defined in § 31-1-1, who is at least fourteen years of age and 10
under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt 11
system, required to be installed in the passenger vehicle if manufactured pursuant to 12
Federal Motor Vehicle Safety Standard Number 208 (, § 49 C.F.R. 571.208) in effect 13
(January 1, 1989), at all times when the vehicle is in motion. A violation of this section is 14
a petty offense Class 2 misdemeanor. 15
Section 5. That § 32-38-1 be AMENDED: 16
32-38-1. Except as provided in chapter 32-37 and § 32-38-3, every operator and 17
front seat passenger of a passenger vehicle operated on a public highway in this state, as 18
defined in § 31-1-1, shall wear a properly adjusted and fastened safety seat belt system, 19
required to be installed in the passenger vehicle when if manufactured pursuant to Federal 20
Motor Vehicle Safety Standard Number 208 (, § 49 C.F.R. 571.208) in effect (January 1, 21
1989), at all times when the vehicle is in forward motion. The driver of the passenger 22
vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat 23
belt system on any passenger in the front seat who is at least five years of age but younger 24
than eighteen years of age. Any A violation of this section is a Class 2 misdemeanor. 25
A violation of this section is not a moving traffic offense under the provisions of 26
§ 32-12-49.1. 27
Section 6. That § 32-38-5 be REPEALED. 28
Enforcement of this chapter by state or local law enforcement agencies shall be 29
accomplished as a secondary action. A violation of this chapter is a petty offense. 30