Amendment ASA2-AB90

LRBs0463/1

MGD:jld/kf/wlj:pg

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2003 ASSEMBLY BILL 90

March 10, 2004 - Offered by Representatives Ainsworth, Young, A. Williams, Taylor and Morris.

AB90-ASA2,1,4 An Act to amend 347.48 (2m) (e), 347.48 (2m) (gm) and 347.50 (2m) (a); and to repeal and recreate 347.48 (2m) (e), 347.48 (2m) (gm) and 347.50 (2m) (a) of the statutes; relating to: enforcement of motor vehicle safety belt violations, granting rule-making authority, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB90-ASA2, s. 1 Section 1. 347.48 (2m) (e) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB90-ASA2,1,9 347.48 (2m) (e) The department shall, by rule, exempt from the requirements under pars. (b) to (d) persons who, because of a physical or medical condition, cannot be properly restrained in a safety belt.

AB90-ASA2, s. 2 Section 2. 347.48 (2m) (e) of the statutes is amended to read:

AB90-ASA2,2,3 347.48 (2m) (e) Paragraph (b) does not apply to a person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m), or (1q) or for a special identification card under s. 343.51. The department shall, by rule, exempt from the requirements under pars. (b) to (c) and (d) persons who, because of a physical or medical condition, cannot be properly restrained in a safety belt.

AB90-ASA2, s. 3 Section 3. 347.48 (2m) (gm) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB90-ASA2,2,15 347.48 (2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department. This paragraph does not limit the authority of a law enforcement officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department observed in the course of a stop or inspection made for other purposes, except that a law enforcement officer may not take a person into physical custody solely for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department.

AB90-ASA2, s. 4 Section 4. 347.48 (2m) (gm) of the statutes is amended to read:

AB90-ASA2,3,3 347.48 (2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department. This paragraph does not limit the authority of a law enforcement officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department observed in the course of a stop or inspection made for other purposes, except that a A law enforcement officer may not take a person into physical custody or inspect or search a motor vehicle, the contents of a motor vehicle, or an operator of or passenger in a motor vehicle solely for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department.

AB90-ASA2, s. 5 Section 5. 347.50 (2m) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

AB90-ASA2,3,7 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person 16 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit $10.

AB90-ASA2, s. 6 Section 6. 347.50 (2m) (a) of the statutes is amended to read:

AB90-ASA2,3,12 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person 16 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit $10 $25 for the first offense and not less than $50 nor more than $75 for the 2nd or any later offense committed within 3 years.

AB90-ASA2, s. 7 Section 7 . Nonstatutory provisions.

AB90-ASA2,3,18 (1) (a) In this subsection, "motor vehicle stop" means the stop or detention of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of an investigation by a law enforcement officer of any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB90-ASA2,3,24 (b) The department of transportation shall contract with an independent organization to determine the frequency with which motor vehicle stops or searches of motor vehicles occur as a result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement. The contract shall require the independent organization to submit a detailed report regarding the results of its study to the department.

AB90-ASA2,4,3 (c) No later than the first day of the 25th month beginning after the effective date of this paragraph, the department of transportation shall submit a copy of the report prepared under paragraph (b) to the legislature and the governor.

AB90-ASA2,4,7 (d) The department may promulgate rules to implement this subsection. The rules may require state or local law enforcement agencies to collect data that the department considers appropriate to facilitate the study and report under paragraph (b).

AB90-ASA2, s. 8 Section 8 . Initial applicability.

AB90-ASA2,4,11 (1) The amendment of section 347.50 (2m) (a) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person.

AB90-ASA2, s. 9 Section 9. Effective dates. This act takes effect on the day after publication, except as follows:

AB90-ASA2,4,16 (1) The amendment of sections 347.48 (2m) (e) and (gm) and 347.50 (2m) (a) of the statutes and Section 8 (1) of this act take effect on the first day of the 7th month beginning after publication.

AB90-ASA2,4,19 (2) The repeal and recreation of sections 347.48 (2m) (e) and (gm) and 347.50 (2m) (a) of the statutes take effect on the first day of the 25th month beginning after publication, but only if one of the following applies:

AB90-ASA2,4,24 (a) The federal government does not provide funding to the state of Wisconsin from the reauthorization of the federal highway bill known as the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 as part of the incentive program for standard enforcement of safety belts laws by the first day of the 25th month beginning after publication.

AB90-ASA2,5,4 (b) The study submitted to the legislature and the governor under Section 7 (1) of this act indicates that motor vehicle stops or searches of motor vehicles occur as a result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement with significant frequency.

AB90-ASA2,5,5 (End)