Opponents to the bill by Rep. Jill Cohenour, D-East Helena, said most parents are already buckling up their children and argued it's not the state's job to regulate personal responsibility.
"My wife is the mother of my kids," Rep. Scott Mendenhall, R-Clancy, said.
Cohenour's proposal is similar to one tabled by the House Judiciary Committee earlier this month, but would also have allowed police to stop drivers under 18 for not wearing their seat belt.
A bill allowing law enforcement to stop any driver for not buckling up is being considered in the Senate. Currently, drivers can be cited for such infractions only if they are stopped for another offense first, like speeding.
Cohenour said motor vehicle crashes are the leading cause of death in children, and guaranteed lawmakers would "save the life of a child" by voting for the measure.
"I envision this law to be a deterrent law," she said. "If we put it on the books and tell children it's the law then they're going to use it."
Rep. Michele Reinhart, D-Missoula, said a similar law was on the books in Montana until 2003, when lawmakers inadvertently killed it in increasing the age and weight limits for child restraints. She sponsored the other measure trying to put it back on the books.
"We are the only state in the nation now that doesn't have a primary seat belt law for kids," Reinhart said.
Rep. Craig Witte, R-Kalispell, feared the law would give police, particularly in small towns, the right to pull people over without good reason, while others warned it would be hard to enforce.
"This is crossing a line," Rep. Diane Rice, R-Harrison, said. "We all need to really, really consider this seriously because we're giving this authority to a police officer and you need to ask yourself do you really want to do that?"
The bill is House Bill 554.
How they voted:
Votes Saturday as the House, on a 51-49 vote, killed a measure that would have allowed police to stop drivers for not buckling up babies and children under 18. Voting yes were 10 Republicans and 39 Democrats. Voting no were 40 Republicans, 10 Democrats and one Constitution Party member.
REPUBLICANS VOTING YES:
Dutton, Hendrick, Hilbert, L. Jones, W. Jones, Malcolm, Morgan, O'Hara, Peterson, Ross.
REPUBLICANS VOTING NO:
Ankney, Arntzen, Barrett, Beck, Blasdel, Boggio, Butcher, Clark, Everett, Glaser, Hawk, Heinert, Himmelberger, Ingraham, Kasten, Kerns, Klock, Koopman, Lake, Lambert, Lange, MacLaren, McGillvray, McNutt, Mendenhall, Milburn, Nooney, Olson, Rice, Ripley, Sales, Sinrud, Sonju, Stahl, Stoker, Taylor, Vincent, Ward, Wells, Witte.
DEMOCRATS VOTING YES:
Augare, Becker, Bixby, Branae, Callahan, Cohenour, Cordier, Dickenson, Driscoll, Ebinger, Erickson, Franklin, French, Furey, Gallik, Grinde, Groesbeck, Hamilton, Hands, Henry, Hiner, Hollenbaugh, Jacobson, Keane, Kottel, McAlpin, Musgrove, Noonan, Parker, Phillips, Pomnichowski, Raser, Reinhart, Sands, Sesso, Small-Eastman, Villa, Wilmer, Wilson.
DEMOCRATS VOTING NO:
Bergren, Caferro, Campbell, Jayne, Jopek, McChesney, Thomas, Van Dyk, Windy Boy, Wiseman.
CONSTITUTION PARTY VOTING NO:
Jore.
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