Bill Summary – FastDemocracy

1                                 STATE OF OKLAHOMA
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 2                   1st Session of the 58th Legislature (2021)
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 3   SENATE BILL 339                           By: Pederson
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 6                                     AS INTRODUCED
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 7            An Act relating to motor vehicles; amending 47 O.S.
 7            2011, Section 12-417, as amended by Section 7,
 8            Chapter 207, O.S.L. 2012 (47 O.S. Supp. 2020, Section
 8            12-417), which relates to required safety belts;
 9            modifying requirements; providing for certain
 9            admissibility; and providing an effective date.
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12   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13       SECTION 1.        AMENDATORY        47 O.S. 2011, Section 12-417, as
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14   amended by Section 7, Chapter 207, O.S.L. 2012 (47 O.S. Supp. 2020,
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15   Section 12-417), is amended to read as follows:
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16       Section 12-417.     A.   1.   Every operator and front seat passenger
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17   of a Class A commercial motor vehicle, Class B commercial motor
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18   vehicle, Class C commercial motor vehicle or a passenger vehicle
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19   operated in this state shall wear a properly adjusted and fastened
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20   safety seat belt system, required to be installed in the motor
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21   vehicle when manufactured pursuant to 49 C.F.R., Section 571.208.
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22       2.   Every passenger seventeen (17) years of age and younger in
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23   the back seat of a passenger vehicle shall wear a properly adjusted
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24   and fastened safety seat belt, unless otherwise provided for in a
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     Req. No. 1378                                                    Page 1
 1   child passenger restraint system as required pursuant to Section 11-
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 2   1112 of this title.   A violation of the provisions of this paragraph
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 3   shall be admissible as evidence in any civil action or proceeding as
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 4   provided in paragraph D of Section 11-1112 of this title.
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 5       3.   For the purposes of this section, “passenger vehicle” shall
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 6   mean a Class D motor vehicle, but shall not include trucks, truck-
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 7   tractors, recreational vehicles, motorcycles, or motorized bicycles,
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 8   or a vehicle used primarily for farm use which is registered and
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 9   licensed pursuant to the provisions of Section 1134 of this title.
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10       B.   The Commissioner of Public Safety, upon application from a
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11   person who, for medical reasons, is unable to wear a safety seat
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12   belt system supported by written attestation of such fact from a
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13   physician licensed pursuant to Section 495 of Title 59 of the
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14   Oklahoma Statutes, may issue to the person an exemption from the
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15   provisions of this section.   The exemption shall be in the form of a
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16   restriction appearing on the driver license of the person and shall
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17   remain in effect until the expiration date of the driver license.
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18   Nothing in this subsection shall be construed to prevent the person
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19   from applying for another exemption as provided for in this section.
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20   The issuance of an attestation by a physician and the subsequent
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21   issuance of an exemption by the Commissioner, in good faith, shall
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22   not give rise to, nor shall the physician and the state thereby
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23   incur, any liability whatsoever in damages or otherwise, to any
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     Req. No. 1378                                               Page 2
 1   person injured by reason of failure of the person to wear a safety
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 2   seat belt system.
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 3       C.   This section shall not apply to an operator of a motor
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 4   vehicle while performing official duties as a route carrier of the
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 5   U.S. Postal Service.
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 6       D.   The Department of Public Safety shall not record or assess
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 7   points for violations of this section on any license holder’s
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 8   traffic record maintained by the Department.
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 9       E.   Fine and court costs for violating the provisions of this
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10   section shall not exceed Twenty Dollars ($20.00).
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11       F.   Municipalities may enact and municipal police officers may
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12   enforce ordinances prohibiting and penalizing conduct under
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13   provisions of this section, but the provisions of those ordinances
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14   shall be the same as provided for in this section, and the
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15   enforcement provisions under those ordinances shall not be more
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16   stringent than those of this section.
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17       SECTION 2.   This act shall become effective November 1, 2021.
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19       58-1-1378       BG       1/11/2021 1:37:08 PM
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     Req. No. 1378                                                 Page 3