House lawmakers on Tuesday narrowly approved a bill that would allow law enforcement to pull over drivers who do not wear their seat belts.
Currently, not wearing a seat belt is a secondary offense, which means it is illegal but motorists cannot be stopped for it. They can be ticketed only if they are pulled over for something else.
After an emotional and sometimes nasty debate, the House voted 33-32 for House Bill 1125, which would make driving without a seat belt a primary offense. A similar bill was killed last year on the last day of the legislative session.
Supporters argued that passing the legislation would save lives. Opponents said the legislation is less effective than a good marketing campaign and could lead to racial profiling.
Democratic Rep. Fran Coleman of Denver, who sponsored the bill, said a primary seat-belt law would increase usage 11 percent to 14 percent from last year’s 79 percent compliance rate.
“Last year, it would have been 50 saved lives had people been buckled in,” Coleman said.
But Republican Rep. Bill Cadman of Colorado Springs said better advertising would increase seat-belt usage more than a tougher law.
“If you don’t believe it’s marketing, look back at the ‘Pet Rock’ of the ’70s. Nobody needed a rock. But they had a great marketing campaign, so everybody bought a rock even though they already had them in their yard,” Cadman said.
Other representatives, such as House Republican Leader Joe Stengel, worried that the bill would give law enforcement another reason to pull minorities over.
“I guess today, according to the sponsor, civil liberties take a back seat … to saving lives,” he said.
Democratic Rep. Morgan Carroll of Aurora tried to amend the bill to simply raise the fine for not wearing a seat belt rather than changing it to a primary offense. It failed on a technicality.
The debate got heated after Cadman introduced an amendment that said police officers could not stop a car unless they could clearly see that the driver was not wearing a seat belt.
Cadman said Glendale Police Chief Victor Ross supported the idea.
Republican Rep. Mark Larson of Cortez argued the amendment assumed that police officers would not follow the legislation, which prohibits racial profiling.
“I’m sorry the police chief of Glendale does not want to save lives,” Larson said.
After several tense exchanges, including one between Cadman and Coleman, Democratic Rep. Jerry Frangas, who was chairing the debate, called a five-minute recess. The lawmakers stepped away from the microphone and congregated in the corner.
Cadman told the confab, “When I’m being accosted, I have a right to ask for help.”
After the recess, Cadman apologized to Coleman, who responded: “I’m not apologizing to you just because you’re such a brat.”
The next recess lawmakers took was out of earshot.
Cadman’s amendment eventually passed.
The bill is expected to get a final House vote today and, if passed, moves on to the Senate.
Staff writer Chris Frates can be reached at 303-820-1633 or cfrates@denverpost.com.
