2001 Legislation
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SENATE BILL NO. 1094 – MV, safety restraint use

SENATE BILL NO. 1094

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Daily Data Tracking History



S1094aa...................................................by TRANSPORTATION
MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to provide that
the operator of the motor vehicle is responsible for ensuring that each
occupant of the vehicle has a properly fastened safety restraint; to
increase the fine for violation of safety restraint use from five dollars
to twenty dollars; to change terminology from "safety belts" to "safety
restraints"; and to provide that failure of a motor vehicle operator to
ensure proper usage of restraints shall not be considered evidence of
contributory or comparative negligence.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/26    3rd rdg - HELD
02/27    Recommitted to Transp
03/02    Rpt out - to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - FAILED - 11-23-1
      AYES-- Branch(Bartlett), Bunderson, Deide, Dunklin, Goedde, Ingram,
      Keough, Noh, Stegner, Stennett, Thorne
      NAYS--Andreason, Boatright, Brandt, Burtenshaw, Cameron, Danielson,
      Darrington, Davis, Frasure, Geddes, Hawkins, Ipsen, King-Barrutia,
      Lee, Lodge, Richardson, Risch, Sandy, Schroeder, Sorensen, Wheeler,
      Whitworth, Williams
      Absent and excused--Sims
    Floor Sponsor -- Goedde
    Filed w/ Office of the Secretary of the Senate

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1094
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USE OF SAFETY  RESTRAINTS  IN  MOTOR  VEHICLES;  AMENDING  SECTION
  3        49-673,  IDAHO  CODE, TO PROVIDE THAT THE OPERATOR OF THE MOTOR VEHICLE IS
  4        RESPONSIBLE FOR ENSURING THAT EACH OCCUPANT OF THE VEHICLE HAS A  PROPERLY
  5        FASTENED  SAFETY  RESTRAINT, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE AN
  6        EXCEPTION TO THOSE OCCUPANTS FOR WHOM A SAFETY RESTRAINT IS NOT  AVAILABLE
  7        BECAUSE  ALL SAFETY RESTRAINTS IN THE VEHICLE ARE PROPERLY IN USE BY OTHER
  8        OCCUPANTS AND TO INCREASE THE FINE FROM FIVE DOLLARS TO TWENTY DOLLARS FOR
  9        VIOLATION OF SAFETY RESTRAINT USE LAW.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 49-673, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        49-673.  SAFETY  RESTRAINT  USE. (1) Except as provided in section 49-672,
 14    Idaho Code, and subsection (2)(b) of this section, the motor vehicle  operator
 15    is  responsible for ensuring that each occupant of the front a seat of a motor
 16    vehicle which has a gross vehicle weight  of  not  more  than  eight  thousand
 17    (8,000)  pounds,  and  which  was manufactured with safety belts restraints in
 18    compliance with federal motor vehicle safety standard no. 208, shall have  has
 19    a safety belt restraint properly fastened about his body at all times when the
 20    vehicle is in motion.
 21        (2)  The provisions of this section shall not apply to:
 22        (a)  An occupant of a motor vehicle who possesses a written statement from
 23        a  licensed  physician  that  he  is  unable for medical reasons to wear a
 24        safety belt restraint;
 25        (b)  Occupants of motorcycles, implements of husbandry and emergency vehi-
 26        cles;
 27        (c)  Occupants of the front seat of a motor vehicle in  which  all  safety
 28        belts restraints are then properly in use by other occupants of that vehi-
 29        cle;
 30        (d)  Mail carriers.
 31        (3)  If a person the motor vehicle operator is convicted of a violation of
 32    any  traffic law, other than a violation of the provisions of sections 49-1229
 33    or 49-1230, Idaho Code, relating to proof of liability insurance, it shall  be
 34    an  additional infraction for any person motor vehicle operator to violate the
 35    provisions of this section, for which a fine of  five twenty dollars ($520.00)
 36    shall be imposed. A conviction under this section shall not result  in  viola-
 37    tion  point counts as prescribed in section 49-326, Idaho Code. In addition, a
 38    conviction under this section shall not be  deemed  to  be  a  moving  traffic
 39    violation  for  the  purpose  of establishing rates of motor vehicle insurance
 40    charged by a casualty insurer.
 41        (4)  The department shall initiate and conduct an educational program,  to
 42    the  extent  sufficient  private  donations or federal funds for this specific
 43    purpose are available to the department, to encourage compliance with the pro-
                                                                        
                                           2
                                                                        
  1    visions of this section and to publicize the effectiveness of  use  of  safety
  2    belts restraints and other occupant restraint devices in reducing risk of harm
  3    to occupants of motor vehicles.
  4        (5)  The  department shall evaluate the effectiveness of the provisions of
  5    this section and shall include a report of its findings in its annual  evalua-
  6    tion  report  on  the  Idaho  Highway Safety Plan which it submits to National
  7    Highway Traffic Safety Administration and Federal Highway Administration  pur-
  8    suant to 23 U.S.C. 402.
  9        (6)  The  failure  to  use a safety belt restraint shall not be considered
 10    under any circumstances as evidence of contributory or comparative negligence,
 11    nor shall such failure be admissible as evidence  in  any  civil  action  with
 12    regard to negligence.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Goedde              
                                                                        
                                                     Seconded by Frasure             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1094
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 9,  following  "restraint"  insert:
  3    "or the failure of the motor vehicle operator to ensure that each occupant has
  4    a  safety restraint in use pursuant to subsection (1) of this section"; and in
  5    line 11, following "shall" insert: "any".
                                                                        
  6                                 CORRECTIONS TO TITLE
  7        On page 1, in line 8, delete "AND" and insert: ","; and in line 9, follow-
  8    ing "LAW" insert: "AND TO PROVIDE THAT FAILURE OF THE MOTOR  VEHICLE  OPERATOR
  9    TO  ENSURE  PROPER  USE OF RESTRAINTS SHALL NOT BE CONSIDERED EVIDENCE OF CON-
 10    TRIBUTORY OR COMPARATIVE NEGLIGENCE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1094, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USE OF SAFETY  RESTRAINTS  IN  MOTOR  VEHICLES;  AMENDING  SECTION
  3        49-673,  IDAHO  CODE, TO PROVIDE THAT THE OPERATOR OF THE MOTOR VEHICLE IS
  4        RESPONSIBLE FOR ENSURING THAT EACH OCCUPANT OF THE VEHICLE HAS A  PROPERLY
  5        FASTENED  SAFETY  RESTRAINT, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE AN
  6        EXCEPTION TO THOSE OCCUPANTS FOR WHOM A SAFETY RESTRAINT IS NOT  AVAILABLE
  7        BECAUSE  ALL SAFETY RESTRAINTS IN THE VEHICLE ARE PROPERLY IN USE BY OTHER
  8        OCCUPANTS, TO INCREASE THE FINE FROM FIVE DOLLARS TO  TWENTY  DOLLARS  FOR
  9        VIOLATION  OF  SAFETY RESTRAINT USE LAW AND TO PROVIDE THAT FAILURE OF THE
 10        MOTOR VEHICLE OPERATOR TO ENSURE PROPER USE OF  RESTRAINTS  SHALL  NOT  BE
 11        CONSIDERED EVIDENCE OF CONTRIBUTORY OR COMPARATIVE NEGLIGENCE.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  49-673, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        49-673.  SAFETY RESTRAINT USE. (1) Except as provided in  section  49-672,
 16    Idaho  Code, and subsection (2)(b) of this section, the motor vehicle operator
 17    is responsible for ensuring that each occupant of the front a seat of a  motor
 18    vehicle  which  has  a  gross  vehicle  weight of not more than eight thousand
 19    (8,000) pounds, and which was manufactured with  safety  belts  restraints  in
 20    compliance  with federal motor vehicle safety standard no. 208, shall have has
 21    a safety belt restraint properly fastened about his body at all times when the
 22    vehicle is in motion.
 23        (2)  The provisions of this section shall not apply to:
 24        (a)  An occupant of a motor vehicle who possesses a written statement from
 25        a licensed physician that he is unable  for  medical  reasons  to  wear  a
 26        safety belt restraint;
 27        (b)  Occupants of motorcycles, implements of husbandry and emergency vehi-
 28        cles;
 29        (c)  Occupants  of  the  front seat of a motor vehicle in which all safety
 30        belts restraints are then properly in use by other occupants of that vehi-
 31        cle;
 32        (d)  Mail carriers.
 33        (3)  If a person the motor vehicle operator is convicted of a violation of
 34    any traffic law, other than a violation of the provisions of sections  49-1229
 35    or  49-1230, Idaho Code, relating to proof of liability insurance, it shall be
 36    an additional infraction for any person motor vehicle operator to violate  the
 37    provisions of this section, for which a fine of  five twenty dollars ($520.00)
 38    shall  be  imposed. A conviction under this section shall not result in viola-
 39    tion point counts as prescribed in section 49-326, Idaho Code. In addition,  a
 40    conviction  under  this  section  shall  not  be deemed to be a moving traffic
 41    violation for the purpose of establishing rates  of  motor  vehicle  insurance
 42    charged by a casualty insurer.
 43        (4)  The  department shall initiate and conduct an educational program, to
                                                                        
                                           2
                                                                        
  1    the extent sufficient private donations or federal  funds  for  this  specific
  2    purpose are available to the department, to encourage compliance with the pro-
  3    visions  of  this  section and to publicize the effectiveness of use of safety
  4    belts restraints and other occupant restraint devices in reducing risk of harm
  5    to occupants of motor vehicles.
  6        (5)  The department shall evaluate the effectiveness of the provisions  of
  7    this  section and shall include a report of its findings in its annual evalua-
  8    tion report on the Idaho Highway Safety Plan  which  it  submits  to  National
  9    Highway  Traffic Safety Administration and Federal Highway Administration pur-
 10    suant to 23 U.S.C. 402.
 11        (6)  The failure to use a safety belt restraint  or  the  failure  of  the
 12    motor  vehicle operator to ensure that each occupant has a safety restraint in
 13    use pursuant to subsection (1) of this section shall not be  considered  under
 14    any  circumstances  as evidence of contributory or comparative negligence, nor
 15    shall any such failure be admissible as evidence  in  any  civil  action  with
 16    regard to negligence.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS10842C1
                                 
Idaho s current seat belt law provides that a motor vehicle
operator who has been convicted of violating a traffic law may
also be cited and convicted for failing to wear a seat belt
(properly known as a safety restraint). A violation remains a
secondary offense. The fine for failing to wear a safety
restraint is five dollars ($5.00), the lowest fine in the United
States.

This legislation increases the fine from five dollars
($5.00) to twenty dollars ($20.00) and requires that all
passengers in the car who have a safety restraint at their seat
wear the restraint also. The fine is non-cumulative i.e., the
failure of one or more passengers to wear restraints still
results in a single twenty dollar ($20.00) fine against the
driver.

This legislation makes no other changes to Idaho s existing
seat belt law.




                           FISCAL NOTE

This legislation has no impact on the general account. It
may result in an increase in fine revenue.






         CONTACT:  I-BELT Coalition 
                   Chris Marselle
         367 3079









STATEMEWT OF PURPOSE/FISCAL NOTE                   S 1094







                                                      S 1094