2001-2002 Bill 145: Alcohol, Beer and Wine; Possession in Open Containers in Motor Vehicles

BIL:145

TYP:General Bill GB

INB:Senate

IND:20010116

PSP:Wilson

SPO:Wilson

DDN:l:\council\bills\ggs\22760cm01.doc

RBY:House

COM:Judiciary Committee 25 HJ

LAD:20020402

SUB:Alcohol, beer and wine; possession in open containers in motor vehicles such as moving limousine or chartered bus

HST:

BodyDateAction DescriptionComLeg Involved

______

House20020404Introduced, read first time,25 HJ

referred to Committee

Senate20020403Read third time, sent to House

Senate20020402Amended, read second time

Senate20010131Committee report: Favorable11 SJ

Senate20010116Introduced, read first time,11 SJ

referred to Committee

Versions of This Bill

Revised on 20010131

Revised on 20020402

TXT:

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 2, 2002

S.145

Introduced by Senator Wilson

S. Printed 4/2/02--S.

Read the first time January 16, 2001.

[145-1]

A BILL

TO AMEND SECTION 614110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A PASSENGER TWENTYONE YEARS OF AGE OR OLDER IN A MOVING LIMOUSINE OR CHARTERED BUS WHO IS NOT IN THE DRIVING COMPARTMENT OR PORTION OF THE VEHICLE WHICH IS ACCESSIBLE TO THE DRIVER WHILE OPERATING THE VEHICLE.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Section 61410, as last amended by Act 390 of 2000, is further amended to read:

“Section 614110. It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, does not apply to a passenger twentyone years of age or older in a moving limousine, chartered bus, or recreation vehicle who is not in the driving compartment or portion of the vehicle which is accessible to the driver while operating the vehicle, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

For purposes of this section, beer or wine means any beer or wine containing onehalf of one percent or more of alcohol by volume.”

SECTION2.This act takes effect upon approval by the Governor.

[145]1