Session of 2000
By Representative Huff

10             AN  ACT amending the safety belt use act; concerning violations thereof;
11             amending K.S.A. 8-2503 and 8-2504 and repealing the existing
12             sections.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 8-2503 is hereby amended to read as follows: 8-
16       2503. (a) Except as provided in K.S.A. 8-1344 and 8-1345, and amend-
17       ments thereto, and in subsection (b), each front seat occupant of a pas-
18       senger car manufactured with safety belts in compliance with federal
19       motor vehicle safety standard no. 208 shall have a safety belt properly
20       fastened about such person's body at all times when the vehicle is in
21       motion.
22             (b) This section does not apply to:
23             (1) An occupant of a passenger car who possesses a written statement
24       from a licensed physician that such person is unable for medical reasons
25       to wear a safety belt system;
26             (2) carriers of United States mail while actually engaged in delivery
27       and collection of mail along their specified routes;
28             (3) newspaper delivery persons while actually engaged in delivery of
29       newspapers along their specified routes; or
30             (4) an occupant of a passenger car required to be protected by a safety
31       restraining system under the child passenger safety act.
32             (c) The secretary of transportation shall initiate an educational pro-
33       gram designed to encourage compliance with the safety belt usage pro-
34       visions of this act.
35             (d) The secretary shall evaluate the effectiveness of this act and shall
36       include a report of its findings in the annual evaluation report on its
37       highway safety plan that it submits under 23 U.S.C. 402.
38             (e) Law enforcement officers shall not stop drivers for violations of
39       this act in the absence of another violation of law. A citation for violation
40       of this act shall not be issued without citing the violation that initially
41       caused the officer to effect the enforcement stop.
42             Sec.  2. K.S.A. 8-2504 is hereby amended to read as follows: 8-2504.
43       (a) (1) From and after the effective date of this act, and prior to July 1,


  1       1987, a law enforcement officer shall issue a warning citation to anyone
  2       violating subsection (a) of K.S.A. 8-2503; and
  3             (2) from and after July 1, 1987, Persons violating subsection (a) of
  4       K.S.A. 8-2503, and amendments thereto, shall be fined not more than $10
  5       including court costs.
  6             (b) No court shall report violation of this act to the department of
  7       revenue.
  8             (c) Evidence of failure of any person to use a safety belt shall not be
  9       admissible in any action for the purpose of determining any aspect of
10       comparative negligence or mitigation of damages. 
11       Sec.  3. K.S.A. 8-2503 and 8-2504 are hereby repealed.
12        Sec.  4. This act shall take effect and be in force from and after Jan-
13       uary 1, 2001, and its publication in the statute book.