2011 - 2012 LEGISLATURE
September 29, 2011 - Introduced by Representatives Endsley, LeMahieu, Kestell,
Honadel and Spanbauer, cosponsored by Senators Grothman, Taylor, Lassa
and Moulton. Referred to Committee on Transportation.
1An Act to amend
347.48 (4) (as) 2., 347.48 (4) (as) 3. and 347.48 (4) (as) 4. of the 2
statutes; relating to: the use of child restraint systems in motor vehicles.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, no child under the age of eight years
may be transported in a motor vehicle unless the child is properly restrained in a
child safety restraint system (car seat) or booster seat or by a safety belt (seat belt).
The type of restraint system required depends on the age and size of the child, with
more protective systems required for younger or smaller children and less protective
systems required for older or larger children. 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 car 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
car 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 booster seat.
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.
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
This bill clarifies that a child may be transported in a more protective category
of restraint system than the minimum type of restraint system otherwise required.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB293, s. 1
347.48 (4) (as) 2. of the statutes is amended to read:
(as) 2. Subject to subd. 1., if the child is at least one year old and 3
weighs at least 20 pounds but is less than 4 years old or weighs less than 40 pounds, 4
the child shall be properly restrained as provided in subd. 1. or
properly restrained 5
in a forward-facing child safety restraint system, positioned at a designated seating 6
position in a back passenger seat of the vehicle if the vehicle is equipped with a back 7
AB293, s. 2
347.48 (4) (as) 3. of the statutes is amended to read:
(as) 3. Subject to subds. 1. and 2., if the child is at least 4 years old 10
but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and 11
is not more than 57 inches in height, the child shall be properly restrained as
12provided in subd. 2. or
properly restrained in a child booster seat.
AB293, s. 3
347.48 (4) (as) 4. of the statutes is amended to read:
(as) 4. Subject to subds. 1. to 3., if the child is less than 8 years old, 15
the child shall be properly restrained as provided in subds. 1. to 3. or
restrained in a safety belt approved by the department under sub. (2).