Montana 2025 Regular Session

Montana House Bill HB586 Latest Draft

Bill / Introduced Version

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69th Legislature 2025 	HB 586.1
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1 HOUSE BILL NO. 586
2 INTRODUCED BY M. LEE, J. REAVIS, B. EDWARDS, J. ISALY, P. STRAND, T. CROWE, J. SECKINGER, B. 
3 CLOSE, P. ELVERUM, S. FYANT, J. WEBER, J. SOOKTIS, A. GRIFFITH, M. CUNNINGHAM, E. TILLEMAN, 
4 E. MATTHEWS, T. RUNNING WOLF, F. SMITH, M. FOX, K. ZOLNIKOV, D. BAUM, M. CAFERRO, B. 
5 CARTER, J. COHENOUR, N. DURAM, D. HAWK, S. HOWELL, J. KARLEN, C. KEOGH, M. ROMANO, E. 
6 STAFMAN, K. SULLIVAN, Z. ZEPHYR, M. MARLER, S. DEMAROIS, D. JOY, C. FITZPATRICK
7
8 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING CHILD SAFETY RESTRAINT SYSTEM LAWS; 
9 REQUIRING THE USE OF A CHILD SAFETY RESTRAINT SYSTEM FOR CHILDREN UNDER CERTAIN AGE 
10 THRESHOLDS; PROVIDING EXEMPTIONS FOR CERTAIN VEHICLES AND CIRCUMSTANCES FROM 
11 CHILD SAFETY RESTRAINT SYSTEM LAWS; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 61-
12 9-419, 61-9-420, AND 61-9-421, MCA.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
15
16 Section 61-9-419, MCA, is amended to read:
17 "61-9-419.  (1) As used in 61-9-420 through 61-9-423 
18 and this section, unless the context requires otherwise, the following definitions apply:
19 (a) "Booster seat" means a child safety restraint system that meets applicable federal motor 
20 vehicle safety standards and is designed to provide belt-positioning that elevates a child to be properly seated 
21 with a safety belt.
22 (b) "Child safety restraint system" means a device that:
23 (i) meets applicable federal motor vehicle safety standards; and
24 (ii) is appropriate to the age of the child being restrained, as provided in 61-9-420.
25 (c) (i) "properly restrained" "Properly restrained" means fastened in a manner prescribed by the 
26 manufacturer of the child safety restraint system that permits the child safety restraint system to act as a body 
27 restraint, but.
28 (ii) The term does not mean a system in which the only body restraint is a safety belt of the type  **** 
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1 required by 61-9-409.
2 (d) "Secured with a safety belt" means restrained or secured by a seat belt that:
3 (i) meets applicable federal motor vehicle safety standards; and
4 (ii) is properly adjusted and fastened, including both the shoulder and lap straps, when equipped 
5 in the vehicle."
6
7 Section 61-9-420, MCA, is amended to read:
8 "61-9-420.  (1) Each motor vehicle 
9 passenger who is under 6 years of age and weighs less than 60 pounds must be transported and properly 
10 restrained in a child safety restraint. The child safety restraint must be appropriate for the height and weight of 
11 the child as indicated by manufacturer standards. A motor vehicle passenger who is under 2 years of age must 
12 be properly restrained in a rear-facing child safety restraint system that complies with federal motor vehicle 
13 safety standards.
14 (2) A motor vehicle passenger who is between 2 years of age and up to 4 years of age must be 
15 properly restrained in a rear-facing or forward-facing child safety restraint system with an internal harness that 
16 complies with federal motor vehicle safety standards.
17 (3) A motor vehicle passenger who is between 4 years of age and up to 8 years of age must be 
18 properly restrained in a forward-facing child safety restraint system with an internal harness or a child booster 
19 seat that is secured with a vehicle lap-shoulder seat belt, whichever is applicable, that complies with federal 
20 motor vehicle safety standards.
21 (4) A motor vehicle passenger who is at least 9 years of age or has outgrown the height or weight 
22 limits of a child booster seat as set by the manufacturer, whichever comes first, must be secured with a motor 
23 vehicle adult safety belt.
24 (5) A child safety restraint system pursuant to 61-9-419 through 61-9-423 must be installed, 
25 adjusted, and used according to the manufacturer instructions.
26 (2) The department shall by rule establish standards in compliance with 61-9-419 through 61-9-
27 423 and applicable federal standards for approved types of child safety restraint systems.
28 (3)(6) The department may by rule exempt from the requirements of subsection (1) this section a  **** 
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1 child who because of a physical or medical condition or body size cannot be placed in a child safety restraint 
2 system."
3
4 Section 61-9-421, MCA, is amended to read:
5 "61-9-421. 
6 (1) if a vehicle is a motorbus, schoolbus, taxicab, farm tractor, bicycle, moped, quadricycle, or 
7 motorcycle, or motor-driven cycle or is not required to be equipped with safety belts under 49 CFR 571 as it 
8 reads on January 1, 1984 January 3, 2025;
9 (2) if a vehicle is an ambulance or other emergency vehicle designated or authorized by the 
10 department; or
11 (2) has a seating capacity as designated by the manufacturer of two persons and there are two 
12 persons 4 years of age or older in the vehicle.
13 (3) if an emergency exists that threatens the life of a person operating a motor vehicle to whom 
14 this section would otherwise apply or the life of a child who would otherwise be required to be properly 
15 restrained as provided in 61-9-420."
16 - END -