LRB-2357/1
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2003 - 2004 LEGISLATURE
October 15, 2003 - Introduced by Representatives Morris, Young, Taylor, A.
Williams, Hines and
Coggs, cosponsored by Senators Moore and
Risser.
Referred to Committee on Transportation.
AB590,1,4
1An Act to create 121.52 (1) (c), 347.48 (2m) (f) 8. and 347.482 of the statutes;
2relating to: requiring certain school buses to be equipped with safety belts and
3permitting school boards to require the use of safety belts and child safety
4restraint systems on certain school buses.
Analysis by the Legislative Reference Bureau
Under federal law, no state or political subdivision of a state may establish a
safety standard for motor vehicles or motor vehicle equipment that is not identical
to the federal standard that applies to the same aspect of performance. A state or
political subdivision may, however, establish a higher safety standard for motor
vehicles or motor vehicle equipment procured for its own use. Currently, federal
safety standards do not require a school bus that has a gross vehicle weight rating
of more than 10,000 pounds to be equipped with passenger safety belts ("seat belts").
This bill requires any school bus with a gross vehicle weight rating of more than
10,000 pounds that is manufactured on or after January 1, 2004, or on the first day
of the first month beginning after publication of the act, whichever is later, and that
is being used in this state to be equipped with seat belts at each designated seating
position. In addition, the bill permits a school board to adopt a rule requiring the use
of seat belts or child safety restraint systems by pupils or children being transported
by a school bus. This requirement applies only to those school buses that are required
to be equipped with seat belts by the provision created by this bill.
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:
AB590, s. 1
1Section
1. 121.52 (1) (c) of the statutes is created to read:
AB590,2,42
121.52
(1) (c) 1. a. In this subdivision, "properly restrained" means fastened in
3a manner prescribed by the manufacturer of the system that permits the safety belt
4or child safety restraint system to act as a body restraint.
AB590,2,105
b. Notwithstanding par. (b), the school board may adopt additional rules
6requiring each pupil or child being transported in a school bus that is required to be
7equipped with safety belts under s. 347.482 to be properly restrained in a safety belt
8approved by the department of transportation under s. 347.482 or in a child safety
9restraint system meeting the standards established by the department of
10transportation for child safety restraint systems under s. 347.48 (4) (a) 1.
AB590,2,1611
2. Evidence of compliance or failure to comply with rules adopted under subd.
121. b. is admissible in any civil action for personal injuries or property damage
13resulting from the use or operation of a motor vehicle. Notwithstanding s. 895.045,
14with respect to injuries or damages determined to have been caused by a failure to
15comply with rules adopted under subd. 1. b., civil liability may not be imposed upon
16the school board or the owner or operator or a lessee of a school bus.
AB590, s. 2
17Section
2. 347.48 (2m) (f) 8. of the statutes is created to read:
AB590,2,1918
347.48
(2m) (f) 8. This subsection does not apply to the designated seating
19positions of a school bus required to be equipped with safety belts under s. 347.482.
AB590, s. 3
20Section
3. 347.482 of the statutes is created to read:
AB590,3,9
1347.482 Safety belts on school buses. Every school bus, as defined in s.
2340.01 (56) (a), with a gross vehicle weight rating of more than 10,000 pounds that
3is manufactured on or after the effective date of this section .... [revisor inserts date],
4and is being used in this state shall be equipped with safety belts in each designated
5seating position of the school bus. All such safety belts shall be of a type and shall
6be installed in a manner approved by the department. The department shall
7establish specifications and requirements for approved types of safety belts and
8attachments. The department will accept, as approved, all seat belt installations and
9the belt and anchor meeting the Society of Automotive Engineers' specifications.
AB590,3,1211
(1)
This act takes effect on January 1, 2004, or on the first day of the first month
12beginning after publication, whichever is later.
