Senator wants to make seat belt law a primary offense
By NANCY HICKS / Lincoln Journal Star
Every time a state improves its seat belt law, more people buckle up.
And fewer people die.
That’s the main reason state Sen. John Harms says he will almost certainly introduce a bill in January making Nebraska’s seat belt law a primary offense, meaning a driver could be pulled over simply for not wearing a belt.
Currently, you have to be pulled over for another violation before you can be ticketed for not buckling up.
Changing the seat belt law to a primary offense is a good idea “because it saves lives,” said Harms of Scottsbluff in a telephone interview last week.
Harms is also interested in getting the $7.4 million in federal highway funding, available next year for the last time to states that upgrade their seat belt law.
“We’d be collecting some dollars for the highways, too, but that’s secondary,” he said.
Nebraska has one year left to access extra federal funding, offered under 2005 federal legislation.
Nebraska would get one-time funding of $7.4 million if the state passes a primary seat belt law and it becomes effective by Sept. 30, 2009, the end of the federal fiscal year, said Romell Cooks, regional administrator for the National Highway Traffic Safety Administration.
But if Nebraska doesn’t change its law by then, “that money goes away forever,” she said.
Ninety percent of the money could be used for safety-related construction projects, Cooks said.
Last year the Legislature struggled to find highway funding, using $15 million from the cash reserve and adding another $14.5 million to the road budget, thus increasing the gas tax by about a penny.
Even with safety and construction money arguments, getting a seat belt law through the Legislature will not be easy, Harms said.
In years past, Omaha Sen. Ernie Chambers’ promise of a filibuster, plus opposition by some other senators, has scuttled the bill. But Chambers will not be back next year because of term limits.
Even without Chambers, Harms said, there is no guarantee a primary law will pass.
“I don’t know what the chances are for getting it out of committee next year,” he said.
Senators passed the first seat belt law in 1985, but Nebraska voters repealed it in 1986.
The Legislature reinstated a seat belt law, as a secondary offense, in January 1993.
Senators oppose making the seat belt law a primary offense because it takes away people’s freedom, said state Sen. Deb Fischer, chairman of the Transportation Committee.
Adults believe it should be their choice whether to wear a seat belt or not, she said.
Fischer would not predict the chances of a seat belt bill next year.
“We will have a different committee, with at least four new members. So we will have to wait and see who is on the committee, what the makeup of the body is and what constituents are telling senators on this issue, she said.
Constituent concerns are important because “we are here to represent them,” she said.
Harms, who convinced the Legislature to strengthen the teen driving license requirements, said the evidence is overwhelming that seat belts save lives.
Not using a seat belt increases the risk of a fatality by 80 percent in an SUV rollover, according to Cooks.
And when states change from a secondary law to a primary law, seat belt usage goes up 10 to 14 percentage points, she said.
“When you drive down the highway (in Nebraska), there are a lot of people who don’t wear seat belts,”Harms said.
That’s why strengthening the law is important, he said.
Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.

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Dee wrote on August 18, 2008 4:54 am:
whatever wrote on August 18, 2008 5:03 am:
bill wrote on August 18, 2008 5:17 am:
Yada wrote on August 18, 2008 5:31 am:
YouKnowMe wrote on August 18, 2008 6:32 am:
David wrote on August 18, 2008 6:41 am:
Double Standard wrote on August 18, 2008 6:42 am:
Rob wrote on August 18, 2008 6:43 am:
doesn't make a whole lot of sense only to kill time. Budget, budget, lower taxes, taxes is what needs to take up the time. Lower Property taxes, is far more important. We old people were not raised to wear seat belts, but we do now. It was a matter of buckle up, believe me it took time, now it is a habit, to buckle up. My stubborn other half refused to till one day I told him I wasn't moving the car till he did so. Now it's a habit for him. Then we have good old Senator Christensen in District 44 that is up to his usual making a bigger mess of LB701 then he did when he put the bill in his first year, then all his bills that he puts in for his churches belief's that get crammed down our necks, more wasted time, putting off WHAT should be done, budget, budget, lower taxes, lower taxes. LB701 should be thrown out. What needs to be done is make the irrigators take responsibility for their mess up with our water. We have
a farmer south of us that has been irrigating since before the 6th of
August, running it night & day. We have had 5 inches out here, yet his
irrigation keeps running. So much for the NRD's, we have meters, we watch
them. Believe me people, coming home from Omaha a week ago, it was surprising to see all the pivot's running, after all the rain. HEY SOME
COMMON SENSE DOWN THERE IN THE LEGISLATURE THIS YEAR. INSTEAD of so much
self-serving, greed. "
Late ODay wrote on August 18, 2008 7:40 am:
Corey wrote on August 18, 2008 7:41 am:
Not wearing a seatbelt doesn't affect anyone but the person who isn't wearing it. It should be their personal choice whether or not they wear one, and if they don't, they might pay for the consequences if they get into a wreck, and if they don't get into a wreck, then who cares? We need to stop trying to control everyone's life, and maybe focus our attention on other things that actually matter. "
why wrote on August 18, 2008 7:52 am:
Make a choice... wrote on August 18, 2008 7:53 am:
pass it wrote on August 18, 2008 8:12 am:
I was through the Waverly Rd. and Hwy 77 intersection the other day David and there is a flashing light on top of the stop sign. "
Thank you Government wrote on August 18, 2008 8:19 am:
Erik wrote on August 18, 2008 8:43 am:
Darwin wrote on August 18, 2008 8:48 am:
I rode a little test rig that demonstrates the force of a 10 MPH collision. It was set up like a car seat, belt, steering wheel, etc, on an angled rail track. You sit in it, and they slide it down the rail about 15 feet, and you slam into a bumper at the bottom. It only simulates the force of a 10 MPH crash, but it is surprisingly brutal. If I haddnt had the belt on, I would have smashed my nose on the wheel, even though I knew it was comming.
Even at low speeds, human strength and reaction time are no where near good enough to prevent injury. You cant stop yourself when you suddenly weigh 10x more than normal!
But, on the other side, it does kill off the stupid. A little culling of the herd, if you will. And I am all for that. Unfortunately, insurance pays for injuries sustained when you dont wear the belt, and that raises my premiums. If insurance, auto and medical, would stop paying for self inflicted injuries the system wouldnt be so out of whack. "
Don wrote on August 18, 2008 9:02 am:
Sen. Harms, please find something more constructive to do with your term. "
Outside the Box wrote on August 18, 2008 9:25 am:
How about this: we repeal the seatbelt and helmet laws, but if you're too stupid not to use them and get hurt, us taxpayers don't have to pay more in insurance, disability, and social services for your injuries. If you want "freedom", be willing to pay for it. "
Buddha wrote on August 18, 2008 9:29 am:
Oh gee wrote on August 18, 2008 9:29 am:
Actually wrote on August 18, 2008 9:58 am:
whats the different wrote on August 18, 2008 10:08 am:
Bill wrote on August 18, 2008 10:15 am:
I guess we will just have to repeal this one twice. "
M wrote on August 18, 2008 10:19 am:
Life lost wrote on August 18, 2008 10:33 am:
Note from State Legislature wrote on August 18, 2008 10:33 am:
What wrote on August 18, 2008 10:36 am:
gee wrote on August 18, 2008 10:57 am:
GrownUp wrote on August 18, 2008 11:06 am:
The govement knows best wrote on August 18, 2008 11:18 am:
Seat belts save lives wrote on August 18, 2008 11:20 am:
Mark wrote on August 18, 2008 11:23 am:
Nan wrote on August 18, 2008 11:24 am:
WL wrote on August 18, 2008 11:42 am:
If Harms doesn't have anything better to do for this state than have the
police tail you like a gastopo, its little wonder Nebraska is avoided like
the plague. We sure need more cops to stop you for going 3 mph over the
speed limit (63) in a 60 mph zone especially when a semi is riding your
bumper. If that law is passed, every time some one is killed with a seat
belt on, a senator should be put in prison for LIFE! As a foreign student
said to me, "America is a country of freedom?? are you kidding me???" "
Roger wrote on August 18, 2008 11:47 am:
Tom wrote on August 18, 2008 11:50 am:
do it wrote on August 18, 2008 12:13 pm:
pro-seat belt wrote on August 18, 2008 12:20 pm:
Repeal ALL Seatbelt laws wrote on August 18, 2008 12:24 pm:
sue wrote on August 18, 2008 12:33 pm:
stignob wrote on August 18, 2008 12:40 pm:
Pass The Law wrote on August 18, 2008 12:55 pm:
Chris wrote on August 18, 2008 12:55 pm:
If we must have the law it should be kept as a secondary offense and nothing more.
To all of those who think this is a good idea. Perhaps we should outlaw fatty foods. Eating fatty foods kills! I'm sure you'll all love it when the cops come to check your fridge and pantry. "
Brock Landers wrote on August 18, 2008 1:09 pm:
Last summer wrote on August 18, 2008 1:32 pm:
Tim wrote on August 18, 2008 1:50 pm:
When are the people of Nebraska going to wake up and start fighting, quit electing, these mamby pamby people to power. They are doing this for a 1 TIME payment of 7.4 million (4 months of road work), give me a break. They are doing this for control over us so they feel powerful and good about themselves.
For $500,000 I can find enough cuts to equal that 7.4 million that would last longer then 1 year. I work around the NDOR enough to know what the waste is. Tell Nebraska legislator's to get off of our back and out of our lives. "
W.G.Ahlers wrote on August 18, 2008 2:10 pm:
Dakota Joe wrote on August 18, 2008 2:12 pm:
Nina wrote on August 18, 2008 2:20 pm:
Whiners get over it. wrote on August 18, 2008 3:10 pm:
I have no problem with wrote on August 18, 2008 3:28 pm:
I wear mine wrote on August 18, 2008 3:40 pm:
Paul wrote on August 18, 2008 4:18 pm:
You cant be serious... wrote on August 18, 2008 4:39 pm:
nemo wrote on August 18, 2008 5:19 pm:
To Roger wrote on August 18, 2008 5:38 pm:
panhandle person wrote on August 18, 2008 5:44 pm:
Matt wrote on August 18, 2008 8:10 pm:
BigBrother wrote on August 18, 2008 10:45 pm:
Pay Attention wrote on August 18, 2008 10:51 pm:
Lincoln Mom wrote on August 19, 2008 8:35 am:
Oh please.... wrote on August 19, 2008 9:31 am:
This doesnt wrote on August 19, 2008 9:34 am:
Lincoln Taxpayer wrote on August 19, 2008 9:35 am:
S.E. citizen wrote on August 19, 2008 9:40 am:
TO You cant be serious ... wrote on August 19, 2008 11:29 am:
Lincoln Mom wrote on August 19, 2008 11:34 am:
Oh goodness... wrote on August 19, 2008 1:06 pm:
This is not necessary wrote on August 19, 2008 1:20 pm:
Hmmm wrote on August 19, 2008 2:01 pm:
Lincoln Mom wrote on August 19, 2008 2:30 pm:
bobo wrote on August 19, 2008 3:44 pm:
Scott wrote on August 19, 2008 3:46 pm:
B. Franklin wrote on August 19, 2008 4:14 pm:
DJ wrote on August 19, 2008 4:51 pm:
Hamon Righ wrote on August 19, 2008 6:48 pm:
Now, I'm not some rightous ninny. There just comes a point when people need to be reminded and nudged in the right direction.
So what if there's a law that says you have to buckle up? Is taking the extra 2 seconds to click the belt going to do anything detrimental to you or your day at all...... AT ALL? The reverse side is that it is proven to raise your chances of surviving an accident. The logical solution is to buckle up. Why moan about it? Then again, with tv shows like "The Hills" pulling in giant ratings, there's an argument to be made that logic is slipping through the cracks in America. "
Hamon Righ wrote on August 19, 2008 7:08 pm:
My sister was getting a ride home from her junior high when her boyfriend lost control of car. They were only doing 35 miles per hour.They wer not wearing seat belts. The car went went down a ditch and hit a culvert. The impact tossed her straight through the windshield. When her body hit the ground, rocks tore ravine like gashes into the sides of her face. Her head hit the ground so hard, it samashed her brain stem killing her instantly. The rest of her body was a mangled mess of broken bones.
I HAD a cousinwho was driving home in Schyler. His car went into a ditch. He was not wearing his seat belt. He was killed when he was tossed from the car. He was about 100 yards from his drive way.
I was driving down O street many years ago. A woman pulled out of te Taco Johns at, I believe, O and 44th (somewhere around there). She didn't turn into either lane, just cam straight out in front of me. I T-boned her at about 40 miles per hour. She apparently blacked out and lost control of her car. This woman was wearing her seat belt as were I and my girlfriend. The woman hit her steering wheel pretty hard, but was okay. My girlfriend's knee went through the glove compartment, but she was okay. My head hit the windshield and smashed it, but I walked away. I shrink at the thought of what would have happened had not my seatbelt caught me.
You can find examples of people not wearing their seat belts and dying everywhere. I have yet to hear or see a story about someone actually, verifiably dying because they wore a seat belt. "
Lincoln Mom wrote on August 20, 2008 7:46 am:
One could easily argue wrote on August 20, 2008 8:19 am: