02RS HB68

HB68

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HB 68/LM (BR 210) - J. Haydon, T. Burch, J. Callahan, L. Clark, M. Marzian, G. Stumbo, J. Wayne, M. Weaver, R. Wilkey

     AN ACT relating to seat belts.
     Amend KRS 189.125, regarding the use of seat belts in motor vehicles to delete provisions that require motorists to be stopped for some other reason before they can be cited for violation of the mandatory seat belt law.

HB 68 - AMENDMENTS


     HCS (1/LM) - Retain original provisions of the bill but specify that between the effective date of the Act and July 1, 2004, law enforcement officers shall issue a courtesy warning rather than a citation for violations of the mandatory seat belt law; specify that the warning shall inform the violator of the amount of the fine that will be levied after the courtesy warning period ends and include educational materials on the benefits of seat belt use.

     HCS (2/LM) - Amend Section 1 to provide that a person who is an operator of, or a passenger in, a motor vehicle will be exempt from the mandatory seat belt law if the person has attempted to fasten the seat belt and the belt fails to meet the recommendations of the National Highway Traffic Safety Administration and manufacturer's specifications for proper seat belt usage; amend KRS 189.990 to establish the fine for a seat belt violation will be a prepayable offense and that between July 1, 2003, and July 1, 2004, a person who prepays a fine for seat belt violation will not be required to pay court costs; create a new section of KRS Chapter 189 to prohibit law enforcement agencies from erecting roadblocks for the sole purpose of checking for seat belt violations; amend KRS 431.452 to conform; provide that between July 15, 2002, and July 1, 2003, law enforcement agencies are required to give motorists educational materials on the benefits of wearing seat belts when they issue them a citation for a secondary seat belt offense; make the primary seat belt provisions effective July 1, 2003.

     HCA (1/Title, H. Collins) - Amend the title to read as follows: "AN ACT relating to traffic regulations."

     HFA (1, J. Turner) - Make permanent the exemption from court costs for a seat belt violation if the fine is prepaid.

     HFA (2, J. Turner) - Insert a new Section 6 to mandate the Transportation Cabinet to place seat belt signs on interstates and at rest areas.

     HFA (3, J. Bruce) - Amend Section 1 to exclude pick-up trucks 6,000 pounds and greater from the definition of motor vehicles that must comply with the seat belt law.

     HFA (4, P. Clark) - Amend to provide for a ten percent refund of auto insurance premiums upon policy holder's compliance with seat belt law.

     HFA (5, P. Clark) - Remove language restricting roadblock prohibition to those roadblocks set up solely to enforce the primary seat belt law.

     HFA (6, T. Feeley) - Amend Section 1 of House Committee Substitute #2 to HB 68 to provide that when investigating a traffic accident, if a police officer determines that the operator of the vehicle or any passenger was not wearing a seat belt, the owner of the vehicle shall have his or her motor vehicle insurance deductible tripled.

     HFA (7, C. Geveden) - Retain original provisions of the bill and amend KRS 189.285 to require proof of health insurance before a motorcyclist may operate a motorcycle without a helmet; create a new section of KRS Chapter 186 to set out a procedure by which county clerks check health insurance and issue a "no helmet" decal for the motorcycle license plate; set out a $3 fee for the sticker; amend Section 2 of the bill to set the penalty for violating the health insurance / helmet requirements at a 90 days' license suspension and a $100-$500 fine.

     HFA (8, T. Feeley) - Amend Section 1 of House Committee Substitute #2 to HB 68 to retain provisions making a seat belt violation as a secondary offense; provide that when investigating a traffic accident, if a police officer determines that the operator of the vehicle or any passenger was not wearing a seat belt, the owner of the vehicle shall have his or her motor vehicle insurance deductible tripled; delete Sections 5 and 6 in their entirety.

     (Prefiled by the sponsor(s))

     Jan 8-introduced in House; to Transportation (H)
     Feb 12-posted in committee
     Feb 21-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 22-2nd reading, to Rules; recommitted to Transportation (H)
     Feb 28-reported favorably, to Rules with Committee Substitute (2), committee amendment (1-title)
     Mar 1-floor amendments (1) and (2) filed to Committee Substitute (2)
     Mar 4-floor amendment (3) filed to Committee Substitute (2)
     Mar 5-floor amendments (4) and (5) filed to Committee Substitute (2)
     Mar 6-posted for passage in the Regular Orders of the Day for Thursday, March 7, 2002
     Mar 11-floor amendments (6) (7) and (8) filed to Committee Substitute (2)
     Mar 13-floor amendment (7) withdrawn
     Mar 15-floor amendment (6) withdrawn
     Mar 18-3rd reading; floor amendment (5) ruled out of order ; passed 51-47 with Committee Substitute (2), committee amendment (1-title), floor amendments (1) and (2)
     Mar 19-received in Senate
     Mar 22-to Transportation (S)


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