Tougher seat-belt bill narrowly survives early vote

HELENA – A bill that would allow police to pull drivers over for not wearing seat belts narrowly cleared its first hurdle today.

Current Montana law allows law enforcement to ticket drivers for not wearing seat belts but only after they have been pulled over for another offense. Senate Bill 237, sponsored by Sen. Dave Lewis, R-Helena, would make the failure to wear a seat belt a primary offense.

Senators voted 25-24 for the bill after a lengthy debate, and the voting crossed party lines. A final vote is scheduled for tomorrow.

Supporters said the bill would cause more people to use their seatbelts. “I know that if we pass this bill fewer people will be killed,” Lewis said.

But opponents said the bill would impinge on Montanans’ liberties by giving police an excuse to pull drivers over whenever they feel like it. “This opens the door to be pulled over for any reason, any time,” said Sen. Dan McGee, R-Laurel.

Opponents also said the bill would promote racial profiling by giving police an easy reason to pull over Native Americans. Sens. Jonathan Windy Boy, D-Box Elder, and Sharon Stewart-Peregoy, D-Crow Agency, opposed the bill for that reason.

-by CNS correspondent Molly Priddy

Supporters plead for mandatory seat belt law

HELENA – State lawmakers heard emotional testimony Tuesday from supporters of a bill that would allow police to pull drivers over for not wearing their seatbelts.

“The ultimate goal of this legislation isn’t to arrest people,” Attorney General Steve Bullock said. “The ultimate goal is to get more Montanans wearing their seatbelts.”

Current Montana law allows police to cite a driver for not wearing seatbelts but only after the driver is pulled over for another offense. Senate Bill 237, sponsored by Sen. Dave Lewis, R-Helena (pictured), would make driving without a seatbelt a primary offense.

Department of Transportation Director Jim Lynch showed the Senate Highways and Transportation Committee a video about Jeremy Lugibihl, a man killed in a car crash. The video is used by driver education classes in several states.

Lugibihl's mother, Tina, said the bill will make more people think about wearing their seatbelts.

“It’s not about taking your right away,” she said. “It’s about families like us not having to go through the hell we’ve gone through.”

Many supporters who testified had lost family members in car accidents. Others included doctors, emergency personnel, insurance company lobbyists, and officers from the Fort Peck Department of Law and Justice.

Opponents to the bill said it would take away their rights and freedom of choice. Cindy Swank said she opposed the bill because “it seems like another example of government interference in my right to choose.”

Others said the bill was an attempt by the federal government to strong-arm the state by withholding federal funding if a primary seatbelt law is not passed.

The 2005 legislative session failed to pass a similar bill.

-by CNS correspondent Molly Priddy