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Smith’s Seatbelt Bill Heard In Committee

A bill to provide primary enforcement of seatbelt laws had its first hearing in the House judiciary committee during the Montana legislative session on Tuesday, Jan. 12. The bill is being sponsored by Rep. Frank Smith, D-Poplar.

“In the last 20 years, we’ve had quite a few bills like this,” Smith said to the committee.

He noted his bill has been “watered down” quite a bit. The fine would be only $20 and the ticket does not go on a driver’s record. Insurance companies may not hold a violation against the driver.

Smith said his goal is to reduce the amount of fatalities in the state. He added that seltbelts are already mandatory on military bases and for commercial drivers. He said the Fort Peck Tribes has a mandatory seatbelt law.

Jessie Luther of the Montana Hospital Association and the Association of Montana Troopers testified as a proponent for the bill.

“Seatbelt use is one of the major factors in determining the most healthy states,” Luther said. She explained that without primary enforcement, Montana wouldn’t be able to rank in the nation’s top 10 as far as healthiest states.

Luther noted that of the seven fatal crashes in Montana during the first week of January, four individuals were suspected of not wearing seatbelts. During 2020, 37 of the 207 fatalities were suspected of not wearing seatbelts.

John Iverson of AAA said that the organization has been a long-time advocate of seatbelt safety.

Sam Forstag of ACLU of Montana testified as an opponent of the bill. He said the bill has good intentions as far as safety, but he has concerns regarding arrests that could take place. He noted that Native Americans are five times more likely to be imprisoned than white Montanans in the state.

Mark French also testified as an opponent to the bill. He said such as proposal is introduced each session. “The people don’t want it.”

French called the bill as a “genuine violation” of the Montana Constitution. He added that the government’s role isn’t to keep people safe.

The House committee tabled the bill Friday, Jan. 15, so likely the bill is dead.

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