HOUSE BILL NO. 178

2005 Legislation

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HOUSE BILL NO. 178 – MV passenger, child, safety restrnt

View Statement of Purpose / Fiscal Impact

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Bill Status


H0178.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - Amends existing law to provide passenger safety restraint
for children six years of age or younger when transported in a
noncommercial vehicle.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 51-17-2
      AYES -- Anderson, Barraclough, Bastian, Bell, Bilbao, Black, Block,
      Boe, Bolz, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Martinez, Mathews,
      Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Ring, Ringo,
      Rusche, Rydalch, Sayler, Shepherd(2), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Trail, Wills, Mr. Speaker
      NAYS -- Andrus, Barrett, Bayer, Bedke, Denney, Hart, Harwood,
      Loertscher, McGeachin, McKague, Moyle, Raybould, Roberts, Sali,
      Shepherd(8), Stevenson, Wood
      Absent and excused -- Bradford, Schaefer
    Floor Sponsor - Wills
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Transp
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 17-10-7, 1 vacancy
      AYES -- Andreason, Brandt, Bunderson, Compton, Darrington, Davis,
      Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley,
      McGee, Schroeder, Stennett
      NAYS -- Broadsword, Cameron, Corder, Geddes, Hill, McKenzie, Pearce,
      Richardson, Stegner, Sweet
      Absent and excused -- Burkett, Burtenshaw, Coiner, Gannon, Malepeai,
      Werk, Williams, (District 21 seat vacant)
    Floor Sponsor - McGee
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/30    Governor signed
         Session Law Chapter 209
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 178
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PASSENGER SAFETY FOR  CHILDREN;  AMENDING  SECTION  49-672,  IDAHO
  3        CODE, TO PROVIDE PASSENGER SAFETY FOR CHILDREN SIX YEARS OF AGE OR YOUNGER
  4        WHEN TRANSPORTED IN A NONCOMMERCIAL VEHICLE, TO PROVIDE PROPER TERMINOLOGY
  5        AND TO MAKE TECHNICAL CHANGES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  49-672, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        49-672.  PASSENGER SAFETY FOR CHILDREN. (1) No noncommercial motor vehicle
 10    operator shall transport a child who is under the age of four six (46)   years
 11    and  weighs  less  than forty (40) pounds of age or younger in a motor vehicle
 12    manufactured with seat belts after January 1, 1966, unless the child is  prop-
 13    erly  restrained  secured in a car  child safety seat restraint that meets the
 14    requirements of federal motor vehicle safety standard no. 213.
 15        (2)  The provisions of this section shall not apply:
 16        (a)  If all of the motor vehicle's seat belts are in use, but in  such  an
 17        event any unrestrained child to which this section applies shall be placed
 18        in the rear seat of the motor vehicle, if it is so equipped; or
 19        (b)  When the child is removed from the car safety seat restraint and held
 20        by  the  attendant  for  the purpose of nursing the child or attending the
 21        child's other immediate physiological needs.
 22        (23)  The failure to use a child safety seat restraint shall not  be  con-
 23    sidered  under  any  circumstances as evidence of contributory negligence, nor
 24    shall such failure be admissible as evidence in any civil action  with  regard
 25    to negligence.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14961

The purpose of this legislation is to prevent further personal
injury and/or death to our young children as they travel our
highways.  It provides that the age of a child to be in a car
safety seat is an age of six years, rather than the current four
years and/or 40 pounds.  The weight restriction has been removed.


                           FISCAL NOTE

None


Contact
Name:  Rep. Rich Wills 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                      H 178