Introduced Version
House Concurrent Resolution 46 History
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Key: Green = existing Code. Red = new code to be enacted
HOUSE CONCURRENT RESOLUTION NO. 46
(By Delegates Hrutkay, Burdiss, Crosier, Pethtel, Wells, Martin,
Klempa, Tansill, Schadler, Evans and Ellem)
[February 21, 2007]
Requesting the Committee on Government and Finance to conduct a
study on making the offense of operating a passenger vehicle
in which the operator and passengers are not wearing a safety
belt a primary offense.
W
HEREAS
, Current law makes the operation of a passenger vehicle
in which the operator and passengers are not wearing a safety belt
a secondary offense; and
W
HEREAS
, It is the desire of the Legislature to promote and
facilitate practical safety measures to protect operators and
passengers in passenger vehicles driven on the streets and highways
of this state and to reduce the incidence of fatalities and serious
injury to motorists and their passengers; and
W
HEREAS
, Efforts nationally to encourage increase safety belt
use have been ongoing for over twenty five years, with a remarkable
success rate; and
W
HEREAS
, In 1984, only fourteen percent of Americans buckled
up, and by 2005, the rate of safety belt usage nationwide increased
to eighty-two percent; and
W
HEREAS
, As of 2006, twenty-five states have adopted
legislation making the failure to wear a safety belt a primary
offense; and
W
HEREAS
, Studies indicate that the rate of unrestrained
passenger vehicle occupant fatalities in states with primary safety
belt enforcement laws is significantly lower than states with
secondary enforcement laws; and
W
HEREAS
, Increasing safety belt usage could potentially create
economic benefits, including, but not limited to, increased work
productivity as well as reductions in property damage, medical
costs, rehabilitation costs, emergency services costs, insurance
administration costs, legal and court costs, funeral expenses,
traffic delays and potential costs to employers; and
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study making the offense of operating a passenger
vehicle in which the operator and passengers are not wearing a
safety belt a primary offense as well as the feasibility and
potential benefits thereof; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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