It's another "no" for Sen. Karen Hale's primary seat belt bill. SB98 died on a 4-6 vote in a House committee Monday as the debate again pitted public safety against personal choice.

And Hale, a Salt Lake Democrat, says there's no chance of reviving the measure this year.

"It's dead," she said. "I can't bring it back now, especially at this late date."

As in the past three sessions when Hale has run her primary seat belt bill, lawmakers have been split on the issue. Utahns also appear divided on the matter, according to a new poll by Dan Jones & Associates.

The survey, conducted for the Deseret Morning News and KSL-TV, found that 51 percent of Utahns would support a change in the law so that drivers could be pulled over for not wearing a seat belt. About 47 percent of the 415 people surveyed said they would not support such a change in the law.

The margin of error was plus or minus 5 percent.

Under current law, not wearing a seat belt is a secondary offense for drivers age 19 or older. That means an officer can cite a motorist for a seat belt violation, but only if another offense was committed first.

With a primary seat belt law, a motorist can be ticketed just for not wearing a seat belt. Utah has a primary seat belt law for drivers younger than 19.

Hale said past surveys have shown a higher percentage of Utahns in support of a primary seat belt law.

"I don't know if discussion from rural legislators has had an effect on that," said Hale, who plans to run her bill again in future sessions. "It's unfortunate, especially with some of the accidents we've seen in the past year."

Last August, eight students and a professor from Utah State University were killed in a high-speed automobile crash. Whether those involved were wearing seat belts is still being contested. However, the Utah Highway Patrol maintains there is no evidence anyone in the van was wearing a seat belt.

"This would have saved a lot of heartache when we lost a number of students from Utah State University," said UHP Lt. Lee Perry, speaking during Monday's hearing.

Last year, 282 people were killed on Utah highways, according to state safety statistics. Of those killed, 208 were "improperly restrained."

Only 21 were DUI-related deaths, 77 were speed-related and 25 were fatigue-related.

But opponents of a primary seat belt law question whether it would even make a dent in the number of fatalities each year.

That point of view has won out the past four years, as lawmakers in the House have killed Hale's primary seat belt bill each legislative session.

"People with bad habits resort back to those bad habits," said Rep. Paul Ray, R-Clearfield, one of six members of the House Law Enforcement and Criminal Justice Committee that voted against Hale's seat belt bill.

"Where do you draw the line?" he continued. "At what point do you take away too many civil liberties?"

---

E-mail: nwarburton@desnews.com