Brief ⁽¹⁾

HB 2145 concerns the manufacturer's warranty on motor vehicle seat belts and the use of child passenger safety restraints.

Manufacturer's Warranty on Motor Vehicle Seat Belts. The bill provides that a motor vehicle sold in Kansas equipped with safety belts in compliance with federal motor vehicle safety standards 208, 209, and 210, as published in 49 Code of Federal Regulations parts 571.208, 571.209, and 571.210, shall provide for a ten-year warranty on seat belts and all components contained in such federal standards, including but not limited to any motorized components. In addition, a violation of the ten-year seat belt warranty shall be considered an unconscionable act and practice (KSA 50-627) and shall be subject to remedies and enforcement under the Kansas Consumer Protection Act. (The unconscionability of an act or practice is a question for the court (KSA 50-627).)

Child Passenger Safety Restraints. The bill would:

• Require the use of a child booster seat for a child under the age of 7 but at least 4 years of age or who weighs less than 80 pounds but at least 40 pounds;
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• Define "child booster seat" as a child passenger restraint system that meets the federal motor vehicle safety standards set forth in 49 CFR 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system;
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• Modify the current definition of "passenger car" to mean a motor vehicle manufactured or assembled after January 1, 1968;
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• Provide for a $20 fine for failure to provide a child booster seat;
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• Waive $10 of the fine if a driver provides proof to the court that such driver has purchased a child booster seat;
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• Provide that evidence of failure to secure a child in a child booster seat shall not be admissible in any action for the purpose of determining any aspect of comparative negligence or mitigation of damages;
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• Restore to current law the provision which states that if the number of children exceeds the number of passenger securing locations available, and all securing locations are in use, then there is no violation;
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• Require children who weigh less than 40 pounds to be secured in a child passenger safety restraining system;
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• Require a seat belt to be worn by a child 7 years of age but under 14 or who weighs more than 80 pounds;
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• Impose a fine of $25 plus court costs on persons violating the requirement that all front seat occupants wear safety belts.
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Background

Seat Belt Warranty Issues. HB 2145 was supported as introduced, by Representatives McKinney and Findley. Also testifying in support of the bill were the Deputy Attorney General, a private citizen from Lawrence, and the President of the Kansas Automobile Dealers Association.

HB 2145 was introduced in response to a situation involving a constituent who was having problems getting her motorized seat belt repaired by a local dealer. The bill, as introduced, would insure all parts of the seat belt assembly are covered for purposes of the safety belt warranty. It would accomplish this by adopting two other federal standards, 209 and 210.

The House Transportation Committee amendment was recommended by a subcommittee and agreed to by various conferees. That amendment includes all components relating to seat belts contained in federal standards 208, 209, and 210, including but not limited to any motorized components.

The House Committee of the Whole amendment makes a violation of the ten-year seat belt warranty a violation of the Kansas Consumer Protection Act.

The Senate Transportation and Tourism Committee amended the Senate Committee of the Whole version of SB 172 into HB 2145. SB 172 deals with the child passenger restraint issue.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi