AB290: Bill Text

LRB-0526/1

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 290

April 3, 2001 - Introduced by Representatives J. Fitzgerald, Suder, Berceau, Starzyk, Freese, Ryba, Krawczyk, Seratti, Townsend, McCormick, Olsen, Gunderson, Powers, Ainsworth, Nass, Grothman, Ott, Sykora, Wade, Vrakas and Petrowski, cosponsored by Senators Erpenbach, Schultz, M. Meyer, Roessler, Hansen and S. Fitzgerald. Referred to Committee on Transportation.

AB290,1,3 An Act to amend 347.50 (1) and 347.50 (2); and to create 347.475 of the statutes; relating to: prohibiting the installation of a previously deployed or an otherwise nonfunctional airbag and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits a person from installing a previously deployed airbag into a motor vehicle, from removing or tampering with an airbag, with limited exceptions, or from concealing an absent or nonfunctional airbag. The bill provides the following penalties for each violation: a fine of not more than $5,000 or imprisonment for not more than one year in a county jail or both.

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

AB290, s. 1 Section 1. 347.475 of the statutes is created to read:

AB290,1,7 347.475 Airbags, prohibited practices. (1) In this section, "airbag" means an inflatable restraint system that is designed to be installed and to operate in a motor vehicle to deploy by inflating upon an impact of the vehicle with another object.

AB290,2,2 (2) No person may, either personally or through an agent, sell, install, reinstall, or distribute any previously deployed airbag.

AB290,2,9 (3) No person may, either personally or through an agent, remove, disconnect, tamper with, or otherwise circumvent the operation of any airbag, except for the purpose of testing, repairing, or maintaining an airbag, salvaging an undeployed airbag, disposing of a deployed airbag, or replacing a deployed airbag with a functional airbag. This subsection does not apply to the installation or use of an on-off switch by any person who is authorized by federal law or regulation to install or use an on-off switch for an airbag.

AB290,2,11 (4) No person may, either personally or through an agent, install a cover or otherwise conceal or disguise a missing airbag or a previously deployed airbag.

AB290, s. 2 Section 2. 347.50 (1) of the statutes is amended to read:

AB290,2,15 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s. 347.415 (1), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or (4) (a) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.

AB290, s. 3 Section 3. 347.50 (2) of the statutes is amended to read:

AB290,2,19 347.50 (2) Any person violating s. 347.415 (1), (2) , and (3) to (5) or 347.475 may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.

AB290,2,20 (End)