LRB-1094/4
ARG:kmg:pg
2003 - 2004 LEGISLATURE
January 5, 2004 - Introduced by Representatives Petrowski, Wasserman,
Berceau, Bies, Kreibich, McCormick, Molepske, Albers, J. Lehman,
Gunderson, Suder, Freese, Kerkman, Shilling, Sinicki
and Van Roy,
cosponsored by Senators Roessler, Lazich, Robson, Risser and Wirch.
Referred to Committee on Highway Safety.
AB724,1,9 1An Act to repeal 347.50 (4); to renumber and amend 347.48 (4) (a) 1., 347.48
2(4) (a) 2. and 347.48 (4) (a) 3.; to amend 343.32 (2) (bt), 347.48 (2m) (c), 347.48
3(2m) (d), 347.48 (4) (b), 347.48 (4) (d), 347.487 (title), 347.50 (1), 347.50 (3) (a)
4and 347.50 (3) (b); and to create 20.395 (5) (gq), 25.40 (1) (ik), 59.25 (3) (jm),
585.56, 347.48 (4) (ag), 347.48 (4) (as), 347.482 and 347.50 (3) (b) 3. of the
6statutes; relating to: child safety restraint systems, seating positions, and
7safety belt use requirements in motor vehicles, creating a Child Safety
8Restraint System Program, granting rule-making authority, making an
9appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, no child under the age of four years
may be transported in a motor vehicle unless that child is properly restrained in a
child safety restraint system (child safety seat), and no child between the ages of four
and eight years may be transported in a motor vehicle unless that child is properly
restrained in a child safety seat or by a safety belt (seat belt). A person who fails to
comply with the child safety seat requirement is subject to a forfeiture of not less than
$30 nor more than $75, but no forfeiture may be assessed if the vehicle was not

equipped with a child safety seat at the time of the violation and the person provides
proof that, within 30 days after the violation, a child safety seat was purchased or
leased and properly installed in the vehicle. A person who fails to comply with the
seat belt requirement is subject to a forfeiture of not less than $10 nor more than $25
for a first violation or, for a second or subsequent violation within three years, a
forfeiture of not less than $25 nor more than $200.
This bill creates a tiered structure, according to age and size, of restraint
requirements for transporting children under the age of eight in a motor vehicle.
Under this bill, a child who is:
1. Less than one year old or who weighs less than 20 pounds must be properly
restrained in a rear-facing child safety seat in the back seat of the vehicle if the
vehicle is equipped with a back seat.
2. At least one year old and weighs at least 20 pounds but is less than four years
old or weighs less than 40 pounds must be properly restrained in a forward-facing
child safety seat in the back seat of the vehicle if the vehicle is equipped with a back
seat.
3. At least four years old but less than eight years old, weighs between 40 and
80 pounds, and is no more than four feet nine inches tall must be properly restrained
in a child booster seat positioned according to the child seating requirements
described below.
4. Under the age of eight and exceeds the weight or height limits specified in
Item 3., above, must be properly restrained by a seat belt (as under current law), and
is subject to the child seating requirements specified below.
If a child, because of age, weight, or height, falls into more than one of these
categories, the child must be transported according to the requirements of the more
protective category. If a vehicle is not equipped with a back seat, the seating position
requirement under Items 1. and 2., above, does not apply.
This bill prohibits a person from transporting a child under the age of eight in
a motor vehicle unless the child is properly restrained as described above and the
restraint system meets the standards established by the Department of
Transportation (DOT) and is appropriate to the child's age and size. Certain
exceptions that apply under current law continue to apply to these requirements.
Under the bill, the same penalty applies regardless of which specific
requirement is violated. A person who fails to comply with any of these requirements
is subject to a forfeiture of not less than $50 nor more than $75 for a first violation
or, for a second or subsequent violation within three years, a forfeiture of not less
than $75 nor more than $200. However, no forfeiture may be assessed if the vehicle
was not equipped with an applicable child safety restraint system at the time of the
violation, the person provides proof that, within 30 days after the violation, a child
safety restraint system was purchased or leased and properly installed in the
vehicle, and the person has not been issued a uniform traffic citation for violation of
the child safety restraint system requirements within the immediately preceding
three years.

The bill also prohibits any person from operating a motor vehicle unless he or
she reasonably believes that each child being transported who is at least four years
old but less than 12 years old is seated in a designated seating position as follows:
1. In a back seat equipped with a lap belt and shoulder harness, unless each
such seat is occupied by a younger or smaller child who is properly restrained.
2. If the vehicle does not have a seat described in Item 1., above, then in a front
seat equipped with a lap belt and shoulder harness, unless each such seat is occupied
by a younger or smaller child who is properly restrained.
3. If the vehicle does not have a seat described in either Item 1. or 2., above, then
in a back seat, unless each such seat is occupied by a younger or smaller child who
is properly restrained.
4. If the vehicle does not have a seat described in any of Items 1. to 3., above,
then in any seat determined by the vehicle operator to be the safest considering the
child's age and size.
These requirements do not apply to a child required to be transported in a
rear-facing or forward-facing child safety seat, who, as described above, must be
transported in a back seat. Items 1. and 3., above, do not apply if the vehicle is not
equipped with a back seat. A person who fails to comply with these requirements is
subject to a forfeiture of $10.
Under current law, with specific exceptions, no person may drive a motor
vehicle unless he or she reasonably believes that each passenger between the ages
of four and 15 years is properly restrained by a seat belt. No person who is at least
four years old may be a passenger in the front seat of a motor vehicle, or in a seat other
than the front seat for which a shoulder harness has been installed, unless that
person is properly restrained. This bill extends this seat belt requirement to
passengers up to the age of 16 years and applies the requirement to passengers in
seats other than the front seat for which safety belts are required to be installed.
The bill also requires DOT to develop and administer a program to provide child
safety restraint systems to low-income families in this state. To administer the
program, DOT must enter into an agreement with Children's Hospital and Health
System (CHHS) to provide funds to CHHS to purchase and distribute, through Safe
Kids Wisconsin, child safety restraint systems to low-income families in accordance
with standards and criteria established by rule by DOT. CHHS must annually
submit an audited financial statement of its use of the funds and may not receive
funding if it dissolves or loses its tax-exempt status under federal law.
Under current law, fines and forfeitures collected as a result of convictions for
state traffic offenses are divided between the collecting local government and the
state. Generally, 50 percent of all fines and forfeitures for state traffic offenses is
deposited in the common school fund, but a different allocation, involving the deposit
of 40 percent of all fines or forfeitures in the transportation fund and ten percent in
the common school fund, is made for offenses related to the size, weight, and load of
vehicles. This bill requires 50 percent of all forfeitures collected for child safety
restraint system violations to be deposited in the transportation fund to be used
exclusively for the Child Safety Restraint System Program.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB724, s. 1 1Section 1. 20.395 (5) (gq) of the statutes is created to read:
AB724,4,42 20.395 (5) (gq) Child Safety Restraint System Program, state funds. All moneys
3received from forfeitures under s. 347.50 (3) (a) allocated to the state, for the purposes
4specified in s. 85.56.
AB724, s. 2 5Section 2. 25.40 (1) (ik) of the statutes is created to read:
AB724,4,76 25.40 (1) (ik) All moneys forwarded by county treasurers from forfeitures under
7s. 347.50 (3) (a), as provided in s. 59.25 (3) (jm).
AB724, s. 3 8Section 3. 59.25 (3) (jm) of the statutes is created to read:
AB724,4,119 59.25 (3) (jm) Forward to the state treasurer for deposit in the transportation
10fund under s. 25.40 (1) (ik) the 50 percent of the forfeitures under s. 347.50 (3) (a) that
11is not retained under par. (j).
AB724, s. 4 12Section 4. 85.56 of the statutes is created to read:
AB724,4,19 1385.56 Child Safety Restraint System Program. (1) The department shall
14develop and administer a program to provide to low-income families in this state
15child safety restraint systems, including infant and toddler car seats and child
16booster seats, for the purpose of promoting compliance with the requirements of s.
17347.48 (4). The department shall adopt rules to implement and administer this
18section, including standards and criteria for providing low-income families with
19child safety restraint systems.
AB724,5,7 20(2) (a) For purposes of administering the program under sub. (1), the
21department shall enter into an agreement with Children's Hospital and Health

1System, a nonprofit corporation and an organization described in section 501 (c) (3)
2of the Internal Revenue Code and exempt from federal income tax under section 501
3(a) of the Internal Revenue Code, to make payments from the appropriation under
4s. 20.395 (5) (gq) to Children's Hospital and Health System for the purchase and
5distribution by Safe Kids Wisconsin, led by Children's Hospital and Health System,
6of child safety restraint systems to low-income families under the standards and
7criteria established by the department by rule.
AB724,5,118 (b) The agreement under this subsection shall require that Children's Hospital
9and Health System annually submit to the presiding officer of each house of the
10legislature an audited financial statement of its use of the payments under this
11section, prepared in accordance with generally accepted accounting principles.
AB724,5,1912 (c) Payments to Children's Hospital and Health System under this section shall
13be discontinued by the department if either Children's Hospital and Health System
14or Safe Kids Wisconsin dissolves or is no longer exempt from taxation under section
15501 (a) of the Internal Revenue Code, and the department shall designate a new
16recipient for payments under this section, which must be a nonprofit organization
17with a purpose of promoting child safety and which must comply with any
18requirement specified in this section for Children's Hospital and Health System or
19Safe Kids Wisconsin.
AB724, s. 5 20Section 5. 343.32 (2) (bt) of the statutes is amended to read:
AB724,5,2221 343.32 (2) (bt) The scale adopted by the secretary may not assess any demerit
22points for a violation of s. 346.922 or 347.48 (2m) (b), (c) or (d) or (4) (a) (am).
AB724, s. 6 23Section 6. 347.48 (2m) (c) of the statutes is amended to read:
AB724,6,624 347.48 (2m) (c) If Subject to s. 347.482, if a motor vehicle is required to be
25equipped with safety belts in this state, no person may operate that motor vehicle

1unless he or she reasonably believes that each passenger who is at least 4 8 years
2old and not more than 15 16 years old and who is seated at a designated seating
3position in the front seat required under 49 CFR 571 to have a safety belt installed
4or at a designated seating position in the seats, other than the front seats, for which
5a shoulder harness has been safety belt is required to be installed is properly
6restrained.
AB724, s. 7 7Section 7. 347.48 (2m) (d) of the statutes is amended to read:
AB724,6,148 347.48 (2m) (d) If Subject to s. 347.482, if a motor vehicle is required to be
9equipped with safety belts in this state, no person who is at least 4 8 years old and
10who is seated at a designated seating position in the front seat required under 49
11CFR 571
to have a safety belt installed or at a designated seating position in the
12seats, other than the front seats, for which a shoulder harness has been safety belt
13is required to be
installed may be a passenger in that motor vehicle unless the person
14is properly restrained.
AB724, s. 8 15Section 8. 347.48 (4) (a) 1. of the statutes is renumbered 347.48 (4) (am) and
16amended to read:
AB724,7,217 347.48 (4) (am) No Subject to par. (au), no person may transport a child under
18the age of 4 8 in a motor vehicle unless the child is properly restrained in compliance
19with par. (as)
in a child safety restraint system is approved that is appropriate to the
20child's age and size and that meets the standards established by
the department. In
21this subdivision, "properly restrained" means fastened in a manner prescribed by the
22manufacturer of the system which permits the system to act as a body restraint but
23does not include a system in which the only body restraint is a safety belt of the type
24required under sub. (1)
under this paragraph. The department shall, by rule,
25establish standards in compliance with applicable federal standards , including

1standards under 49 CFR 571.213,
for approved types of child safety restraint
2systems for those child restraint systems purchased after November 1, 1982.
AB724, s. 9 3Section 9. 347.48 (4) (a) 2. of the statutes is renumbered 347.48 (4) (as) 4. and
4amended to read:
AB724,7,115 347.48 (4) (as) 4. No person may transport a Subject to subds. 1. to 3., if the
6child who is at least 4 years old but is less than 8 years old in a motor vehicle unless,
7the child is shall be properly restrained in a child safety restraint system approved
8by the department under subd. 1. or in a
safety belt approved by the department
9under sub. (2). In this subdivision, "properly restrained" means fastened in a
10manner prescribed by the manufacturer of the system which permits the system to
11act as a body restraint
, positioned in compliance with s. 347.482.
AB724, s. 10 12Section 10. 347.48 (4) (a) 3. of the statutes is renumbered 347.48 (4) (au), and
13347.48 (4) (au) (intro.), as renumbered, is amended to read:
AB724,7,1814 347.48 (4) (au) (intro.) Notwithstanding subds. 1. and 2. pars. (am) and (as),
15a person other than the operator of a motor vehicle transporting a child required to
16be properly restrained under subd. 1. or 2. pars. (am) and (as) may temporarily
17remove a child from a safety restraint system to attend to the personal needs of the
18child under all of the following conditions:
AB724, s. 11 19Section 11. 347.48 (4) (ag) of the statutes is created to read:
AB724,7,2020 347.48 (4) (ag) In this subsection:
AB724,7,2421 1. "Child booster seat" means a child passenger restraint system that meets the
22applicable federal standards under 49 CFR 571.213 and is designed to elevate a child
23from a vehicle seat to allow the vehicle's safety belt to be properly positioned over the
24child's body.
AB724,7,2525 2. "Designated seating position" has the meaning given in 49 CFR 571.3.
AB724,8,1
13. "Properly restrained" means any of the following:
AB724,8,52 a. With respect to par. (as) 1. and 2., fastened in a manner prescribed by the
3manufacturer of the child safety restraint system which permits the system to act
4as a body restraint but does not include a system in which the only body restraint is
5a safety belt of the type required under sub. (1).
AB724,8,116 b. With respect to par. (as) 3., wearing a safety belt consisting of a combination
7lap belt and shoulder harness approved by the department under sub. (2) and
8fastened in a manner prescribed by the manufacturer of the safety belt so that the
9safety belt properly fits across the child's lap and the center of the child's chest in a
10manner appropriate to the child's height, weight, and age that permits the safety belt
11to act as a body restraint.
AB724,8,1312 c. With respect to par. (as) 4., fastened in a manner prescribed by the
13manufacturer of the system which permits the system to act as a body restraint.
AB724, s. 12 14Section 12. 347.48 (4) (as) of the statutes is created to read:
AB724,8,1615 347.48 (4) (as) A child under the age of 8 years who is being transported in a
16motor vehicle shall be restrained as follows:
AB724,8,2017 1. If the child is less than one year old or weighs less than 20 pounds, the child
18shall be properly restrained in a rear-facing child safety restraint system, positioned
19at a designated seating position in a back passenger seat of the vehicle if the vehicle
20is equipped with a back passenger seat.
AB724,8,2521 2. Subject to subd. 1., if the child is at least one year old and weighs at least 20
22pounds but is less than 4 years old or weighs less than 40 pounds, the child shall be
23properly restrained in a forward-facing child safety restraint system, positioned at
24a designated seating position in a back passenger seat of the vehicle if the vehicle is
25equipped with a back passenger seat.
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