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TOPEKA — The Legislature has approved a bill that will give police the authority to stop vehicles if drivers or their front-seat passengers aren't wearing seat belts.

The House gave its OK to the measure Tuesday afternoon with a 68-55 vote. The Senate had already approved House Bill 2130 on Saturday, 29-8.

Once the governor signs the bill into law, drivers in violation would receive warnings until June 29. Beginning June 30, infractions would result in a $5 fine. That fine would increase to $10 in 2011. Earlier versions of the Senate's bill carried a fine of $60.

“I’m really pleased with the agreement and the passage of this bill,” said Kansas Department of Transportation Secretary Deb Miller. “Having a bill on the books has been proven in other states to increase seat belt usage and when you increase seat belt usage, fewer people die or have serious and debilitating injuries. This is a really good improvement for the state of Kansas.”

According to KDOT’s preliminary 2009 statistics, 386 people died and 17,072 were injured in traffic accidents on Kansas roads last year. About 77 percent of Kansans now wear seat belts. Based on national estimates, a primary seat-belt law in Kansas would save about 25 lives a year and help prevent 262 serious injuries.

Sufficient compromise

The Tuesday afternoon vote was the first approval given by the House to the primary seat belt bill, which has been discussed in the Legislature for several years.

Rep. Gary Hayzlett, a Lakin Republican who chairs the House Transportation Committee, had been an opponent of the measure.

But he carried the bill on Tuesday, saying the compromise the House had reached with the Senate and KDOT was sufficient to gain his qualified support.

"I'm still not a great supporter of someone telling me I've got to wear a seat belt," he said. "More than once do I regret the fact that I have to do something to have the federal government give me my money back."

Rep. Brenda Landwehr, R-Wichita, said she had talked with senators who told her there was a plan in the works to raise the fine in the future.

"We make the laws and then we change them," she said. "They're already working on that for next year."

The Senate has passed different versions of a primary seat belt bill in each of the last few years.

Sen. Les Donovan, R-Wichita, said after the chamber's Saturday vote: “The long-term benefit to the people of Kansas is probably as high as anything we’ve ever done.”

In addition to saving lives, Donovan said a primary seat belt law would save millions in health and lost-productivity expenses.

Sen. David Haley, D-Kansas City, voted for the bill, but said he remained concerned that minorities would be “stopped for driving while black or brown.”

He said would have been more comfortable supporting the seat belt measure had legislation also been passed requiring uniform statistical data be compiled on all traffic stops to determine the extent of racial profiling.

But he said that legislation “has been derailed in the Senate by powerful forces.”

“Today, because of our need for public safety and more federal money, we overwhelmingly approve what might be another flimsy pretext for profiling,” Haley said, explaining his vote.

Will the fine be effective?

Sen. Dwayne Umbarger, R-Thayer, chairman of the Senate Transportation Committee, said the fines, though not as much as some wanted, were sufficient to make the state eligible for $11.2 million in federal incentive grants but might be too low to achieve widespread enforcement and public compliance.

"But you know, we can always revisit this in the future,” he said.

According to the Insurance Institute for Highway Safety, of the 31 states that have already passed primary seat belt laws, only Wisconsin has a fine of $10. Fifteen of the 31 states have $25 fines. Texas has the highest fine in the nation at $200.

Wisconsin’s primary seat belt law started July 1, 2009 and officials there said it was still too soon to tell if the $10 fine was enough to be effective.

Maj. Dan Lonsdorf, director of transportation safety for the Wisconsin Department of Transportation, said the department in October conducted a statewide survey of seat belt use, which showed about 75 percent of the state's residents wore seat belts, which meant the usage rate hadn't changed.

“What our research is telling us is that people don’t fear the fine very much since it’s only $10,” Lonsdorf said. “They don’t fear the consequences. But what the research is telling us is that people do fear getting stopped by the police. So that’s the point we’ll be making. And somewhere along the line we’ll save a few lives and that will be worth it.”

Russ Rader, of the Insurance Institute for Highway Safety, said enforcement by police is the key to success regardless of the fine attached.

“When drivers know there’s a high likelihood of getting a ticket, they’re more likely to buckle up,” he said.

But Rader said states are finding it more difficult to enforce bans on texting while driving.

“It’s relatively easy for officers to enforce a primary seat belt law because they can see when someone is not buckled up,” he said. “It’s much more difficult to strongly enforce texting bans because that’s so easily concealed.”

Texting ban also approved

On Monday, with no debate, the House approved, 105-18, Senate Bill 300, which would prohibit texting while driving.

Law enforcement officers will be allowed to stop drivers if they see that they are sending or reading text messages or e-mails. Texting would be allowed if the vehicle is stopped and off the roadway, if drivers are reporting illegal activity, or sending and receiving emergency messages or weather alerts. Police and Emergency Medical Service workers will also be allowed to send and receive messages while on the job.

The bill imposes a $60 fine for offenders. It also requires children riding on the back of motorcycles to wear helmets and appropriate protective eye wear.

The Senate had earlier approved the bill, 32-8, after fewer than 15 minutes of debate.