S.F. No. 0052

School bus seat belts.

 

Sponsored By:     Senator(s) Jennings and Representative(s) Wallis

 

AN ACT relating to school buses; requiring seat belts in school buses as specified; limiting liability; imposing duties upon the department of education; and providing for effective dates.

 

12/29/2008  Bill Number Assigned

1/13/2009   S Received for Introduction

1/13/2009   S Introduced and Referred to S04

1/19/2009   S04 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Coe, Decaria, Jennings, Massie and Von Flatern

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/19/2009   S Placed on General File

 

SF0052SS001/ADOPTED

Page 1-line 9           Delete "31-5-1402(a)" insert "31-5-1402 by creating a new subsection (b) and by renumbering subsections (b) through (f) as (c) through (g)".

Page 3-lines 5 through 9            Delete.

Page 3-line 10          Delete through "highways."; before "Each" insert "(b)".

Page 3-After line 18    Insert and renumber:

"(b)(c)  Subsection (a) of this section does not apply to:

(i)  Any person who has a written statement from a physician that it is not advisable for the person to wear a safety belt for physical or medical reasons;

(ii)  Any passenger vehicle which is not required to be equipped with safety belts under federal law;

(iii)  A carrier of the United States postal service performing duties as a postal carrier;

(iv)  Any person properly secured in a child safety restraint system in accordance with W.S. 31-5-1301 through 31-5-1305; or

(v)  Any person occupying a seat in a vehicle in which all operable safety restraints are being used by the driver or passengers and any person occupying a seat in a vehicle originally manufactured without a safety belt.

(c)(d)  No violation of this section shall:

(i)  Be counted as a moving violation for the purpose of suspending a driver's license under W.S. 31-7-129;

(ii)  Be grounds for increasing insurance premiums or made a part of the abstracts kept by the department pursuant to W.S. 31-5-1214.

(d)(e)  No motor vehicle shall be halted solely for a violation of this section.

(e)(f)  All citations for violations of the motor vehicle laws of this state and for violations of traffic ordinances or traffic regulations of a local authority shall contain a notation by the issuing officer indicating whether the driver and passengers complied with this section.  Compliance with this section shall entitle a licensee to a ten dollar ($10.00) reduction in the fine otherwise imposed by any court having jurisdiction over the alleged offense. The driver who violates this section may be issued a citation and may be subject to a fine of not more than twenty-five dollars ($25.00). Any passenger who violates this section may be issued a citation and may be subject to a fine of not more than ten dollars ($10.00).

(f)(g)  Evidence of a person's failure to wear a safety belt as required by this act shall not be admissible in any civil action.".  COE, CHAIRMAN

 

1/19/2009   S Passed CoW

 

SF0052S2001/ADOPTED

Page 2-line 24          After "action." insert "Evidence of a passenger's failure to wear a lap or seat belt as required by paragraph (b)(iv) of this section, or the failure of a school bus operator to require a passenger to wear a lap or seat belt as required under W.S. 31‑5‑1402(a), shall not be admissible for the purposes of W.S. 31‑5‑1402(a).".  DECARIA

 

1/20/2009   S Passed 2nd Reading

1/21/2009   S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Hastert, Hines, Hunnicutt, Jennings, Johnson, Larson, Martin, Massie, Meier, Nicholas, Peterson, Schiffer, Sessions, Townsend and Von Flatern

Nays:  Senator(s) Bebout, Geis, Landen, Perkins, Ross, Scott and Vasey

Ayes 23    Nays 7    Excused 0    Absent 0    Conflicts 0

 

1/26/2009   H Received for Introduction

2/5/2009    H Introduced and Referred to H04

2/19/2009   H04 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Brechtel, Connolly, Craft, Jaggi, Lubnau, McKim, McOmie and Teeters

Nays:  Representative(s) Diercks

Ayes 8    Nays 1    Excused 0    Absent 0    Conflicts 0

 

2/19/2009   H Placed on General File; Did Not Consider in CoW