As Amended by Senate Committee
         
Session of 2000
         
SENATE BILL No. 416
         
By Committee on Judiciary
         
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11             AN  ACT regulating traffic; concerning the use of safety belts; penalties;
12             amending K.S.A. 8-2503 and 8-2504 and repealing the existing sections
13             section.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 8-2503 is hereby amended to read as follows: 8-
17       2503. (a) Except as provided in K.S.A. 8-1344 and 8-1345, and amend-
18       ments thereto, and in subsection (b), each front seat occupant all occu-
19       pants of a passenger car manufactured with safety belts in compliance
20       with federal motor vehicle safety standard no. 208 shall have a safety belt
21       properly fastened about such person's each occupant's body at all times
22       when the vehicle is in motion.
23             (b) This section does not apply to:
24             (1) An occupant of a passenger car who possesses a written statement
25       from a licensed physician that such person is unable for medical reasons
26       to wear a safety belt system;
27             (2) carriers of United States mail while actually engaged in delivery
28       and collection of mail along their specified routes;
29             (3) newspaper delivery persons while actually engaged in delivery of
30       newspapers along their specified routes; or
31             (4) an occupant of a passenger car required to be protected by a safety
32       restraining system under the child passenger safety act.
33             (c) The secretary of transportation shall initiate an educational pro-
34       gram designed to encourage compliance with the safety belt usage pro-
35       visions of this act.
36             (d) The secretary shall evaluate the effectiveness of this act and shall
37       include a report of its findings in the annual evaluation report on its
38       highway safety plan that it submits under 23 U.S.C. 402.
39             (e) Law enforcement officers shall not stop drivers for violations of
40       this act in the absence of another violation of law. A citation for violation
41       of this act shall not be issued without citing the violation that initially
42       caused the officer to effect the enforcement stop.
43             Sec.  2. Section 1. K.S.A. 8-2504 is hereby amended to read as fol-


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  1       lows: 8-2504. (a) (1) From and after the effective date of this act, and
  2       prior to July 1, 1987, a law enforcement officer shall issue a warning
  3       citation to anyone violating subsection (a) of K.S.A. 8-2503; and
  4             (2) from and after July 1, 1987, Persons violating subsection (a) of
  5       K.S.A. 8-2503, and amendments thereto, shall be fined not more than $10
  6       including $25 plus court costs.
  7             (b) No court shall report violation of this act to the department of
  8       revenue.
  9             (c) Evidence of failure of any person to use a safety belt shall not be
10       admissible in any action for the purpose of determining any aspect of
11       comparative negligence or mitigation of damages. 
12       Sec.  3. 2. K.S.A. 8-2503 and 8-2504 are is hereby repealed.
13        Sec.  4. 3. This act shall take effect and be in force from and after its
14       publication in the statute book.