2007 Legislation
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SENATE BILL NO. 1094 – MV, child safety seat, no exceptns

SENATE BILL NO. 1094

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Bill Status



S1094.....................................................by TRANSPORTATION
CHILD SAFETY SEATS - Amends existing law relating to passenger safety for
children to provide that there shall be no exceptions to the law requiring
all children six years of age or younger to be properly secured in a child
safety restraint.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Transp
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 29-4-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Davis, Gannon, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, McGee, Richardson, Schroeder, Siddoway, Stegner, Stennett,
      Werk
      NAYS -- Fulcher, McKague, McKenzie, Pearce
      Absent and excused -- Coiner, Geddes
    Floor Sponsor - Broadsword
    Title apvd - to House
03/02    House intro - 1st rdg - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1094
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PASSENGER SAFETY FOR  CHILDREN;  AMENDING  SECTION  49-672,  IDAHO
  3        CODE,  TO  PROVIDE  THAT THERE SHALL BE NO EXCEPTIONS TO THE LAW REQUIRING
  4        ALL CHILDREN SIX YEARS OF AGE OR YOUNGER TO BE PROPERLY SECURED IN A CHILD
  5        SAFETY RESTRAINT; AND AMENDING SECTION 49-673, IDAHO CODE, TO DELETE  REF-
  6        ERENCE TO AN EXCEPTION IN LAW THAT IS NO LONGER APPLICABLE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  49-672, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        49-672.  PASSENGER SAFETY FOR CHILDREN. (1) No noncommercial motor vehicle
 11    operator shall transport a child who is six (6) years of age or younger  in  a
 12    motor  vehicle  manufactured with seat belts after January 1, 1966, unless the
 13    child is properly secured in a child safety restraint that meets the  require-
 14    ments 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 restraint and  held  by
 20        the  attendant  for  the  purpose  of  nursing  the child or attending the
 21        child's other immediate physiological needs.
 22        (3)  The failure to use a child safety restraint shall not  be  considered
 23    under any circumstances as evidence of contributory negligence, nor shall such
 24    failure  be  admissible  as evidence in any civil action with regard to negli-
 25    gence.
                                                                        
 26        SECTION 2.  That Section 49-673, Idaho Code, be, and the  same  is  hereby
 27    amended to read as follows:
                                                                        
 28        49-673.  SAFETY  RESTRAINT  USE. (1) Except as provided in section 49-672,
 29    Idaho Code, and subsection (2) of this section, each occupant of a motor vehi-
 30    cle which has a gross vehicle weight of not more than eight  thousand  (8,000)
 31    pounds,  and  which was manufactured with safety restraints in compliance with
 32    federal motor vehicle safety standard no. 208, shall have a  safety  restraint
 33    properly fastened about his body at all times when the vehicle is in motion.
 34        (2)  The provisions of this section shall not apply to:
 35        (a)  An occupant of a motor vehicle who possesses a written statement from
 36        a  licensed  physician  that  he  is  unable for medical reasons to wear a
 37        safety restraint;
 38        (b)  Occupants of motorcycles, implements of husbandry and emergency vehi-
 39        cles;
 40        (c)  Occupants of seats of a motor vehicle in which all safety  restraints
 41        are then properly in use by other occupants of that vehicle; or
                                                                        
                                       2
                                                                        
  1        (d)  Mail carriers.
  2        (3)  (a) A citation may be issued to:
  3             (i)   Any  occupant  of the motor vehicle aged eighteen (18) years or
  4             older who fails to wear a safety restraint as required in  this  sec-
  5             tion; and
  6             (ii)  The operator of the motor vehicle if the operator is aged eigh-
  7             teen  (18)  years or older and any occupant under eighteen (18) years
  8             of age fails to wear a safety restraint as required in this  section.
  9             For  purposes  of this paragraph (a)(ii), it shall be deemed a single
 10             violation  regardless  of  the  number  of  occupants  not   properly
 11             restrained.
 12        (b)  A  person issued a citation pursuant to this subsection shall be sub-
 13        ject to a fine of ten dollars ($10.00), with five dollars ($5.00) of  such
 14        fine  to  be apportioned to the catastrophic health care cost fund, as set
 15        forth in section 57-813, Idaho Code. A conviction  under  this  subsection
 16        shall  not  result  in  violation  point  counts  as prescribed in section
 17        49-326, Idaho Code, nor shall such a conviction be deemed to be  a  moving
 18        traffic  violation  for the purpose of establishing rates of motor vehicle
 19        insurance charged by a casualty insurer.
 20        (4)  A citation may be issued to the operator of the motor vehicle if  the
 21    operator  is  under  eighteen  (18) years of age and the operator or any other
 22    occupant who is under eighteen (18) years  of  age  fails  to  wear  a  safety
 23    restraint  as  required  in  this section. For purposes of this subsection, it
 24    shall be deemed a single violation regardless of the number of  occupants  not
 25    properly  restrained.  A  person issued a citation pursuant to this subsection
 26    shall be subject to a fine of ten dollars ($10.00), five  dollars  ($5.00)  of
 27    such  fine  to be apportioned to the catastrophic health care cost fund as set
 28    forth in section 57-813, Idaho Code, plus court costs. A conviction under this
 29    subsection shall not result in violation point counts as prescribed in section
 30    49-326, Idaho Code. In addition, a conviction under this subsection shall  not
 31    be  deemed  to  be  a moving traffic violation for the purpose of establishing
 32    rates of motor vehicle insurance charged by a casualty insurer.
 33        (5)  Enforcement of this section by law enforcement officers may be accom-
 34    plished only as a secondary action when the operator of the motor vehicle  has
 35    been detained for a suspected violation of another law.
 36        (6)  The  department shall initiate and conduct an educational program, to
 37    the extent sufficient private donations or federal  funds  for  this  specific
 38    purpose are available to the department, to encourage compliance with the pro-
 39    visions  of  this  section and to publicize the effectiveness of use of safety
 40    restraints and other restraint devices in reducing risk of harm  to  occupants
 41    of motor vehicles.
 42        (7)  The  department shall evaluate the effectiveness of the provisions of
 43    this section and shall include a report of its findings in its annual  evalua-
 44    tion  report on the Idaho highway safety plan which it submits to the national
 45    highway traffic safety administration and federal highway administration  pur-
 46    suant to 23 U.S.C. section 402.
 47        (8)  The  failure  to use a safety restraint shall not be considered under
 48    any circumstances as evidence of contributory or comparative  negligence,  nor
 49    shall  such  failure be admissible as evidence in any civil action with regard
 50    to negligence.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 16676
                                
Relating to passenger safety for children; amending Section 49-672,
Idaho Code, to provide that there shall be no exceptions to the law
requiring all children six years of age or younger to be properly
secured in a child safety restraint; and amending Section 49-673,
Idaho Code, to delete reference to an exception in law that is not
longer applicable.




                           FISCAL NOTE
                                
                              NONE
                                
                                
                             
                                
Contact
Name:  Senator Joyce Broadsword
Phone: (208) 332-1338


STATEMENT OF PURPOSE/FISCAL NOTE                          S 1094