Memorandum

City of Lawrence

Legal Department

TO:	Toni R. Wheeler, Director
FROM:	R. Scott Wagner, Management Analyst
Date:	June 6, 2011
RE:	House Bill 2192 – Seat Belt Law Changes

In 2010, the Kansas Legislature adopted House Bill 2130.  The bill required every occupant of a passenger vehicle to wear a seat belt and allowed a law enforcement officer to stop a vehicle for violations of seat belt requirements by anyone in the front seat.  From July 1, 2010 to July 1, 2011, the fine was only $5, including court costs.

The City of Lawrence on August 24, 2010, passed Ordinance 8558 which adopted the 2010 version of the Standard Traffic Ordinance (STO).  The STO incorporated the seat belt law in Section 181.1.  The City amended this section and provided for a fine of $40 for seat belt violations and allowed for the assessment of $60 in court costs.

House Bill 2192 signed by the Governor on April 13, 2011, moves the Seat Belt legislation adopted by House Bill 2130 (K.S.A. 2010 Supp. 8-2503 and 8-2504), into the Uniform Act Regulating Traffic found at K.S.A. 8-2204 et seq.  Section 10 of HB 2192 states that fines on and after July 1, 2011 shall be $10 and no court costs are to be assessed.  Section 10, subsection (d) makes the enactment uniform and no political subdivision may adopt an ordinance supplemental to or contrary to the bill. The bill becomes effective upon publication in the Kansas Statutes – July 1, 2011.

Attached is Ordinance 8636 which repeals Section 17-119 of the City Code and Section 4 of Ordinance 8558.  This section needs to be repealed so that City ordinances are not in conflict with State law.  The legislative changes will become part of local law when the City adopts the Standard Traffic Ordinance published by the League of Kansas Municipalities. 

Action Requested:  Adopt Ordinance 8636 if appropriate.