Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 79 First Substitute (2015GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the provision that provides that a state or local law enforcement officer may only enforce the safety belt restraint requirement as a secondary action in certain circumstances to only apply beginning on a specified date;
• provides that until a specified date, a peace officer may not issue a citation to an individual for a violation if the person has not previously been warned for a violation but shall issue the individual a warning;
• amends the requirements for the court to waive the fine for a safety belt violation; and
• makes technical corrections.

Every vote on this bill

Bill text

SAFETY BELT LAW AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Patrice M. Arent
Joel K. Briscoe
Rebecca Chavez-Houck
Rich Cunningham
Jack R. Draxler
Susan Duckworth
Rebecca P. Edwards
Sandra Hollins
Don L. Ipson
Brian S. King
Justin J. Miller
Carol Spackman Moss
Marie H. Poulson
Paul Ray
Edward H. Redd
Angela Romero
Scott D. Sandall
Mark A. Wheatley
LONG TITLE
General Description:
This bill modifies the Traffic Code by amending provisions relating to safety belt
restraints.
Highlighted Provisions:
This bill:
▸ amends the provision that provides that a state or local law enforcement officer may
only enforce the safety belt restraint requirement as a secondary action in certain
circumstances to only apply beginning on a specified date;
▸ provides that until a specified date, a peace officer may not issue a citation to an
individual for a violation if the person has not previously been warned for a
violation but shall issue the individual a warning;
▸ amends the requirements for the court to waive the fine for a safety belt violation;
and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-1803
, as last amended by Laws of Utah 2008, Chapter 160
41-6a-1805
, as renumbered and amended by Laws of Utah 2005, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-1803
 is amended to read:
41-6a-1803.
Driver and passengers -- Seat belt or child restraint device required.
(1) (a) The operator of a motor vehicle operated on a highway shall:
(i) wear a properly adjusted and fastened safety belt;
(ii) provide for the protection of each person younger than eight years of age by using a
child restraint device to restrain each person in the manner prescribed by the manufacturer of
the device; and
(iii) provide for the protection of each person eight years of age up to 16 years of age
by securing, or causing to be secured, a properly adjusted and fastened safety belt on each
person.
(b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight
years of age who is 57 inches tall or taller:
(i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint
device; and
(ii) shall use a properly adjusted and fastened safety belt as required in Subsection
(1)(a)(iii).
(2) A [
passenger who is
] 
person
years of age or older [
of
] 
who is a passenger in
 a
motor vehicle operated on a highway shall wear a properly adjusted and fastened safety belt.
(3) If more than one person is not using a child restraint device or wearing a safety belt
in violation of Subsection (1), it is 
considered
 only one offense
,
 and the driver may receive
only one citation 
for that offense
.
(4) [
For
] 
Beginning on July 1, 2018, and for
 a person 19 years of age or older who
violates Subsection (1)(a)(i) or (2), enforcement by a state or local law enforcement officer
shall be only as a secondary action when the person has been detained for a suspected violation
of Title 41, Motor Vehicles, other than Subsection (1)(a)(i) or (2), or for another offense.
Section 2. Section 
41-6a-1805
 is amended to read:
41-6a-1805.
Penalty for violation.
(1) (a) A person who violates Section 
41-6a-1803
 is guilty of an infraction and shall be
fined a maximum of $45.
(b) Until July 1, 2018, a peace officer may not issue a citation to an individual for a
violation of Section 
41-6a-1803
 if the person has not previously been warned for a violation of
Section 
41-6a-1803
 but shall issue the individual a warning informing the individual that
operating or being a passenger in a vehicle without wearing a properly adjusted and fastened
safety belt is prohibited.
[
(b)
] 
(c)
 The court shall waive all [
but $15
] of the fine for a violation of Section
41-6a-1803
 if a person:
(i) shows evidence of completion of a [
two-hour
] 
minute
 course approved by the
commissioner of the Department of Public Safety that includes education on the benefits of
using a safety belt [
and
] 
or
 child restraint device; and
(ii) if the violation is for an offense under Subsection 
41-6a-1803
(1)(b), submits proof
of acquisition, rental, or purchase of a child restraint device.
(2) Points for a motor vehicle reportable violation, as defined under Section 
53-3-102
,
may not be assessed against a person for a violation of Section 
41-6a-1803
.