HOUSE BILL REPORT

                      HB 1503

                     As Reported By House Committee on:

                                 Judiciary

Title:  An act relating to safety belts.

Brief Description:  Providing for enforcement of safety belt requirements.

Sponsor(s):  Representative Appelwick.

Brief History:

   Reported by House Committee on:

Judiciary, March 1, 1991, DPS.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: That Substitute House Bill No. 1503 be substituted therefor, and the substitute bill do pass.  Signed by 12 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Paris, Assistant Ranking Minority Member; Belcher; Broback; Forner; Inslee; H. Myers; Riley; Scott; Vance; and Wineberry.

Minority Report: Do not pass.  Signed by 4 members:  Representatives R. Meyers; Mielke; D. Sommers; and Tate. 

Staff:  Bill Perry (786-7123).

Background:  Every person over age 16 operating a motor vehicle and every person riding in a motor vehicle must wear a safety belt.  Failure to wear a safety belt constitutes a traffic infraction, subject to a monetary penalty, currently at $25, as set by supreme court rule.  Law enforcement officers can enforce this law only as a secondary action when a driver has been detained for a suspected motor vehicle violation or other offense.

Summary of Substitute Bill:  The provision limiting enforcement of the safety belt law to secondary action is removed, thus making the failure to wear a safety belt a primary traffic infraction.

Law enforcement officers are prohibited from using the safety belt law as a pretext for harassment.  No person may be harassed through enforcement of the safety belt law based on a perception of the person's race, color, religion, ancestry, national origin, sexual orientation, gender, or disability.  A person who is harassed may recover actual damages plus attorney fees and up to $10,000 in punitive damages.

Substitute Bill Compared to Original Bill:  The substitute adds the provision relating to harassment.

Fiscal Note:  Not requested.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The evidence is clear that seat belt use saves lives.  The public should be given this additional incentive to wear safety belts.

Testimony Against:  None.

Witnesses:  Jean Leonard, State Farm Insurance Company (in favor); Basil Badley, American Insurance Association (in favor); John Gullickson, SAFECO Insurance Company (in favor); Kathryn Kruger, Washington Safety Restraint Coalition (in favor); Steve Lind, Washington Traffic Safety Commission (in favor); Susie Tracy, Washington State Medical Association (in favor); Tim Erickson, Washington State Patrol (in favor); and George Flood, PEMCO Insurance Company (in favor).