2003 Legislation
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SENATE BILL NO. 1012 – MV/safety restraint not used/pnlty

SENATE BILL NO. 1012

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Daily Data Tracking History



S1012........................................................by TRANSPORTATION
MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to provide that it is
an infraction offense punishable by a fine of five dollars for the operator of
a motor vehicle to fail to ensure safety restraint use by all occupants of the
vehicle; and to provide for imposition of an additional fine of five dollars
and fifty cents to be used by the county for the medically indigent residents
of that county.
                                                                        
01/17    Senate intro - 1st rdg - to printing
01/20    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1012
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO USE OF  MOTOR VEHICLE SAFETY RESTRAINTS; AMENDING SECTION  49-673,
  3        IDAHO  CODE,  TO  PROVIDE THAT IT IS AN INFRACTION OFFENSE PUNISHABLE BY A
  4        FINE OF FIVE DOLLARS FOR THE OPERATOR OF A MOTOR VEHICLE TO FAIL TO ENSURE
  5        SAFETY RESTRAINT USE BY ALL OCCUPANTS OF THE VEHICLE  IN  ACCORDANCE  WITH
  6        LAW,  TO  REQUIRE  SAFETY RESTRAINT USE BY OCCUPANTS OF EMERGENCY VEHICLES
  7        EXCEPT WHILE OPERATING IN EMERGENCY SITUATIONS, TO PROVIDE THAT  IT  IS  A
  8        SINGLE  VIOLATION  REGARDLESS  OF  THE  NUMBER  OF  OCCUPANTS NOT PROPERLY
  9        RESTRAINED, TO PROVIDE FOR IMPOSITION OF AN ADDITIONAL FINE OF  FIVE  DOL-
 10        LARS  AND  FIFTY CENTS TO BE USED BY THE COUNTY FOR THE MEDICALLY INDIGENT
 11        RESIDENTS OF THAT COUNTY, TO DELETE REFERENCE TO WEIGHT OF THE VEHICLE AND
 12        TO PROVIDE PROPER TERMINOLOGY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 49-673, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        49-673.  SAFETY  RESTRAINT  USE. (1) Except as provided in section 49-672,
 17    Idaho Code, and subsection (2)(b) of this section, each occupant of the  front
 18    seat  of  a  motor  vehicle  which has a gross vehicle weight of not more than
 19    eight thousand (8,000) pounds, and which was manufactured  with  safety  belts
 20    restraints  in  compliance with federal motor vehicle safety standard no. 208,
 21    shall have a safety belt restraint properly fastened about  his  body  at  all
 22    times when the 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
 28        vehicles in emergency situations;
 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; or
 32        (d)  Mail carriers.
 33        (3)  If a person is convicted of a violation of  any  traffic  law,  other
 34    than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code,
 35    relating  to  proof  of  liability  insurance, it shall be It is an additional
 36    infraction punishable by  a fine of five dollars ($5.00)  for  any  person  to
 37    violate  the provisions operate a vehicle in which an occupant is in violation
 38    of subsection (1) of this section, for which a fine of  five  dollars  ($5.00)
 39    shall be imposed. It shall be deemed a single violation regardless of the num-
 40    ber of occupants not properly restrained as required by subsection (1) of this
 41    section.  A  conviction under this section shall not result in violation point
 42    counts as prescribed in section 49-326, Idaho Code. In addition, a  A  convic-
 43    tion  under  this section shall not be deemed to be a moving traffic violation
                                                                        
                                           2
                                                                        
  1    for the purpose of establishing rates of motor vehicle insurance charged by  a
  2    casualty insurer.
  3        (4)  The  department shall initiate and conduct an educational program, to
  4    the extent sufficient private donations or federal  funds  for  this  specific
  5    purpose are available to the department, to encourage compliance with the pro-
  6    visions  of  this section and  to publicize the effectiveness of use of safety
  7    belts restraints and other restraint devices in reducing risk of harm to occu-
  8    pants of motor vehicles.
  9        (5)  The department shall evaluate the effectiveness of the provisions  of
 10    this  section and shall include a report of its findings in its annual evalua-
 11    tion report on the Idaho Highway Safety Plan  which  it  submits  to  National
 12    Highway  Traffic Safety Administration and Federal Highway Administration pur-
 13    suant to 23 U.S.C. section 402.
 14        (6)  The failure to use a safety belt restraint shall  not  be  considered
 15    under any circumstances as evidence of contributory or comparative negligence,
 16    nor  shall  such  failure  be  admissible as evidence in any civil action with
 17    regard to negligence.
 18        (7)  Every person  who  is  convicted,  found  guilty,  pleads  guilty  or
 19    receives  a  withheld  judgment  for  violating the provisions of this section
 20    shall also be required to pay five dollars and fifty cents ($5.50) in addition
 21    to any other fine, penalty or cost the court may assess. Moneys received  pur-
 22    suant  to  this  subsection  shall  be remitted to the county treasurer in the
 23    county where the person was adjudicated for use by the county in  meeting  its
 24    obligations to pay for necessary medical services for resident medically indi-
 25    gent persons under chapter 35, title 31, Idaho Code.

Statement of Purpose / Fiscal Impact


      
                         STATEMENT OF PURPOSE
                                             RS 12446C1
                                     
    The legislation addresses the enforcement deficiencies in Idaho's seat
    belt law that result in a safety restraint use rate well below the
    national average. This low compliance results in higher death and
    injury rates, and huge financial costs ultimately paid by all
    Idahoans. In 2001, the economic cost of all Idaho motor vehicle
    crashes was $1.5 billion, the equivalent of $1,150 for every Idahoan.
    About 75 cents of every dollar spent to cover the costs of these
    crashes is passed on to the public in increased medical costs, higher
    taxes and insurance premiums, and larger direct, out-of-pocket
    payments for goods and services.  Nearly 70 percent of the state's
    1,146 traffic fatalities during the past five years involved unbelted
    drivers or occupants. This legislation requires all occupants,
    including children not now covered, to be properly restrained, amends
    the current statute to require than an additional $5.50 from each
    citation be paid to county indigent funds to defray tax costs for
    collision victims, and applies a standard enforcement mechanism to
    allow officers to enforce the safety restraint law as any other non-
    moving violation.  Breaking Idaho's current law results in just a $5
    fine, and only when the vehicle has been stopped and the driver has
    been cited for some other violation.  As is now the case, a violation
    under this amended section does not result in violation point counts,
    and a conviction is not deemed a moving violation for establishing
    motor vehicle insurance rates.   
    
                            FISCAL IMPACT
                                  
                                     The National Highway Traffic Safety Administration estimates safety
    restraint use increases 11 percent on average for states that upgrade
    laws to include standard enforcement. In addition, NHTSA estimates
    that safety restraints are 50 percent effective in preventing
    fatalities and serious injuries. Based on these estimates, here are
    the benefits had a standard enforcement law been in effect in 2001: 
              12 lives saved and 63 serious injuries prevented 
                  The State of Idaho, which pays 2.7 percent of the total costs of
            collisions, would have saved $1.2 million 
                  The Federal government, which pays 6.4 percent of the costs,
            would have saved more than $2.9 million
                  Cost savings to insurance companies: $22.8 million
                  Cost savings of individuals involved in crashes: nearly $11.9
            million
                  Cost savings to other sources: $6.6 million
        
    Data from Saint Alphonsus Regional Medical Center, a Level 2 Trauma
    Center, shows that the average charges to Medicaid for seriously
    injured occupants not using safety restraints, were nearly twice the
    amount of those occupants who use safety restraints. Average charges
    for unrestrained occupants were $80,000, compared to $42,000 for those
    that were restrained. Based on this data, here are the benefits of a
    standard enforcement law:
              Medicaid could realize a savings of $38,000 on average for every
            additional person that wears a seat belt
                  In 2001, this would have resulted in $152,000 savings in charges
            to Medicaid from this Medical Care center alone
        
    The Catastrophic Health Care Cost Program, which is a combination of
    county and state funds, paid out $1.76 million for health care for the
    medically indigent motor vehicle crash occupants in 2001. Similar
    savings per person as noted from the previous data could be reasonably
    assumed. In addition, a portion of the fixed penalty included in this
    legislation ($5.50 for each citation) would be allocated to county
    medically indigent fund of the county in which the citation is
    written.
    
    Contact:
            Senators Cecil Ingram 332-1315, Bert Marley 332-1407
            Rep. Mike Mitchell 332-1192
       AAA Idaho   Dave Carlson 342-9391
                 IBELT   Chris Marselle 367-3079; Phyllis Smith 455-8302
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
                                                            S1012