| 1 | 1 | | 25.751.15 100th Legislative Session 165 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | Senate Bill 165 |
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| 12 | 12 | | Introduced by: Senator Larson |
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| 13 | 13 | | |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to revise and repeal certain provisions related to the wearing of a safety seat 1 |
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| 17 | 17 | | belt and to provide a penalty therefor. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That § 32-37-1 be AMENDED: 4 |
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| 20 | 20 | | 32-37-1. Any operator of any a passenger vehicle operated on a highway, as 5 |
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| 21 | 21 | | defined in § 31-1-1, transporting a child under five years of age on the streets and 6 |
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| 22 | 22 | | highways of this state, shall properly secure the child in a child passenger restraint system 7 |
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| 23 | 23 | | according to its manufacturer's instructions. The child passenger restraint system shall 8 |
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| 24 | 24 | | must meet Department of Transportation Federal Motor Vehicle Safety Standard 213 as 9 |
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| 25 | 25 | | in effect , 49 C.F.R. § 571.213 (January 1, 1981). The If the child is under five years of 10 |
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| 26 | 26 | | age and is at least forty pounds in weight, the requirements of this section are met if the 11 |
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| 27 | 27 | | child is under five years of age and is at least forty pounds in weight by securing the child 12 |
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| 28 | 28 | | in a seat belt. An operator who violates A violation of this section commits a petty offense 13 |
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| 29 | 29 | | is a Class 2 misdemeanor. 14 |
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| 30 | 30 | | Section 2. That § 32-37-1.1 be AMENDED: 15 |
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| 31 | 31 | | 32-37-1.1. Any operator of a passenger vehicle operated on a public street or 16 |
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| 32 | 32 | | highway in this state, as defined in § 31-1-1, transporting a passenger who is at least five 17 |
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| 33 | 33 | | years of age and under eighteen years of age, shall assure that the passenger is wearing 18 |
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| 34 | 34 | | a properly adjusted and fastened safety seat belt system, required to be installed in the 19 |
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| 35 | 35 | | passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard 20 |
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| 36 | 36 | | Number 208 (, § 49 C.F.R. 571.208) in effect (January 1, 1989), at all times when the 21 |
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| 37 | 37 | | vehicle is in motion. A violation of this section is a petty offense Class 2 misdemeanor. 22 |
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| 38 | 38 | | Section 3. That § 32-37-1.2 be AMENDED: 23 25.751.15 2 165 |
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| 39 | 39 | | Underscores indicate new language. |
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| 40 | 40 | | Overstrikes indicate deleted language. |
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| 41 | 41 | | 32-37-1.2. Any operator of any a passenger vehicle operated on a public street 1 |
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| 42 | 42 | | or highway in this state, as defined in § 31-1-1, who is at least fourteen years of age and 2 |
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| 43 | 43 | | under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt 3 |
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| 44 | 44 | | system, required to be installed in the passenger vehicle if manufactured pursuant to 4 |
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| 45 | 45 | | Federal Motor Vehicle Safety Standard Number 208 (, § 49 C.F.R. 571.208) in effect 5 |
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| 46 | 46 | | (January 1, 1989), at all times when the vehicle is in motion. A violation of this section is 6 |
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| 47 | 47 | | a petty offense Class 2 misdemeanor. 7 |
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| 48 | 48 | | Section 4. That § 32-37-1.3 be AMENDED: 8 |
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| 49 | 49 | | 32-37-1.3. Any passenger of any a passenger vehicle operated on a public street 9 |
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| 50 | 50 | | or highway in this state, as defined in § 31-1-1, who is at least fourteen years of age and 10 |
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| 51 | 51 | | under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt 11 |
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| 52 | 52 | | system, required to be installed in the passenger vehicle if manufactured pursuant to 12 |
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| 53 | 53 | | Federal Motor Vehicle Safety Standard Number 208 (, § 49 C.F.R. 571.208) in effect 13 |
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| 54 | 54 | | (January 1, 1989), at all times when the vehicle is in motion. A violation of this section is 14 |
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| 55 | 55 | | a petty offense Class 2 misdemeanor. 15 |
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| 56 | 56 | | Section 5. That § 32-38-1 be AMENDED: 16 |
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| 57 | 57 | | 32-38-1. Except as provided in chapter 32-37 and § 32-38-3, every operator and 17 |
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| 58 | 58 | | front seat passenger of a passenger vehicle operated on a public highway in this state, as 18 |
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| 59 | 59 | | defined in § 31-1-1, shall wear a properly adjusted and fastened safety seat belt system, 19 |
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| 60 | 60 | | required to be installed in the passenger vehicle when if manufactured pursuant to Federal 20 |
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| 61 | 61 | | Motor Vehicle Safety Standard Number 208 (, § 49 C.F.R. 571.208) in effect (January 1, 21 |
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| 62 | 62 | | 1989), at all times when the vehicle is in forward motion. The driver of the passenger 22 |
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| 63 | 63 | | vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat 23 |
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| 64 | 64 | | belt system on any passenger in the front seat who is at least five years of age but younger 24 |
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| 65 | 65 | | than eighteen years of age. Any A violation of this section is a Class 2 misdemeanor. 25 |
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| 66 | 66 | | A violation of this section is not a moving traffic offense under the provisions of 26 |
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| 67 | 67 | | § 32-12-49.1. 27 |
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| 68 | 68 | | Section 6. That § 32-38-5 be REPEALED. 28 |
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| 69 | 69 | | Enforcement of this chapter by state or local law enforcement agencies shall be 29 |
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| 70 | 70 | | accomplished as a secondary action. A violation of this chapter is a petty offense. 30 |
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