Public Laws, 1st Regular Session of the 122nd

PUBLIC LAWS
First Regular Session of the 122nd

PART AAA

     Sec. AAA-1. 29-A MRSA §2081, sub-§2, as amended by PL 2001, c. 585, §2 and affected by §6, is further amended to read:

     2. Children under 40 pounds. When a child who weighs less than 40 pounds is being transported in a motor vehicle that is required by the United States Department of Transportation to be equipped with safety seat belts, the operator must have the child properly secured in accordance with the manufacturer's instructions in a child safety seat. Violation of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine imposed under this subsection may not be suspended by the court.

     Sec. AAA-2. 29-A MRSA §2081, sub-§3, as amended by PL 2003, c. 380, §§2 and 3 and affected by §5, is further amended to read:

     3. Passengers less than 18 years of age. Except as provided in subsection 2, the following provisions apply to passengers less than 18 years of age riding in a vehicle that is required by the United States Department of Transportation to be equipped with seat belts. Violation of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine imposed under this subsection may not be suspended by the court.

A. The operator shall ensure that a child who weighs at least 40 pounds but less than 80 pounds and who is less than 8 years of age is properly secured in a federally approved child restraint system. Nonprofit, municipal or contracted transportation service providers are exempt from this paragraph until February 1, 2005, except that the operator shall ensure that the child is properly secured in a seat belt.
B. The operator shall ensure that a child who is less than 18 years of age and at least 8 years of age or who is less than 18 years of age and more than 4 feet, 7 inches in height is properly secured in a seat belt.
C. The operator shall ensure that a child who is less than 12 years of age and who weighs less than 100 pounds is properly secured in the rear seat of a vehicle, if possible.

     Sec. AAA-3. 29-A MRSA §2081, sub-§3-A, as amended by PL 1997, c. 450, §2, is further amended to read:

     3-A. Other passengers 18 years of age and older; operators. When a person 18 years of age or older is a passenger in a vehicle that is required by the United States Department of Transportation to be equipped with seat belts, the passenger must be properly secured in a seat belt. Each such passenger is responsible for wearing a seat belt as required by this subsection, and a passenger that fails to wear a seat belt as required by this subsection is subject to the enforcement provisions of subsection 4. The operator of a vehicle that is required by the United States Department of Transportation to be equipped with seat belts must be secured in the operator's seat belt. Violation of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine imposed under this subsection may not be suspended by the court.

     Sec. AAA-4. 29-A MRSA §2081, sub-§4, ¶B, as amended by PL 2001, c. 585, §4 and affected by §6, is repealed.

     Sec. AAA-5. 29-A MRSA §2081, sub-§4, ¶C, as amended by PL 2001, c. 585, §5 and affected by §6, is repealed.

     Sec. AAA-6. 29-A MRSA §2081, sub-§4, ¶D, as amended by PL 2003, c. 380, §4 and affected by §5, is repealed.

     Sec. AAA-7. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payment to Providers
Initiative: Restores funding that was deappropriated in Part B due to the primary enforcement of seat belt statutes.
GENERAL FUND 2005-06 2006-07

All Other $133,000 $181,000

__________ __________

GENERAL FUND TOTAL $133,000 $181,000

FEDERAL EXPENDITURES FUND 2005-06 2006-07

All Other $248,855 $338,667

__________ __________

FEDERAL EXPENDITURES
FUND TOTAL $248,855 $338,667

HEALTH AND HUMAN SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2005-06 2006-07

GENERAL FUND $133,000 $181,000
FEDERAL EXPENDITURES
FUND $248,855 $338,667

__________ __________

DEPARTMENT TOTAL -
ALL FUNDS $381,855 $519,667

SECTION TOTALS 2005-06 2006-07