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Seat belt law to remain same

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Police in South Dakota should not be able to stop motorists who do not use their seat belts, legislators decided Thursday.

The state Senate Transportation Committee killed a bill that would have allowed direct enforcement of the seatbelt law so police could stop people solely for not buckling up.

Current state law requires all front-seat occupants to be belted in, but officers cannot stop motorists for seatbelt violations alone. Police must first have other legitimate reasons to pull people over, such as speeding.

The exception is anyone younger than 18. All those occupants must be in seat belts and police need no other reason to issue tickets.

SB147, killed 6-1, would have allowed full enforcement of the seatbelt law.

Sen. Jean Hunhoff, R-Yankton, said she offered the bill because many of those who die in crashes or are severely injured are not wearing seat belts. She said 73 percent of South Dakotans buckle up, but the national average is 82 percent.

Although some people adamantly insist that the government should not dictate seatbelt use, it's not only those people who are affected when they die or are injured in crashes, she said. The death toll extends to higher auto insurance rates and medical costs that often are footed by taxpayers through government programs when the injured are unable to pay their hospital bills, Hunhoff said.

"Is it so terrible to ask the people of South Dakota to buckle up? They already are, we just want to strengthen their efforts," she said.

Sen. Bill Napoli, R-Rapid City, argued against the bill. He said education is the key to convincing more people to buckle up.

Government has no business trampling individual freedom, Napoli said.

"The heavy hand of government does not impress people," he said.

"The people of South Dakota are not a bunch of morons and are capable of taking care of themselves," Napoli added.

Sgt. Brad Booth of the Rapid City Police Department said efforts to educate people about the wisdom of wearing passenger restraints is not enough. He said about 150 people each year die in the state when they are ejected from vehicles.

"This is about doing the right thing," he said in support of SB147. "We've been educating for 20 years. It's time to step it up. When the cars roll over, we've got to keep them in there."

Traffic crashes are the leading causes of death for young children, and they will be more likely to wear seat belts if parents are forced to wear them, too, said Susan Randall, lobbyist for South Dakota Voices for Children.

Dave Gerdes, a General Motors lobbyist, also said the bill should be passed. Too many people refuse or neglect to wear seat belts in South Dakota, he said.

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