AB70: Bill Text

AB70,6,21 347.48 (2m) (c) If a motor vehicle is required to be equipped with safety belts in this state, no person may operate that motor vehicle unless he or she reasonably believes that each passenger who is at least 4 8 years old and not more than 15 16 years old and who is seated at a designated seating position in the front seat required under 49 CFR 571 to have a safety belt installed or at a designated seating position in the seats, other than the front seats, for which a shoulder harness has been safety belt is required to be installed is properly restrained.

AB70, s. 8 Section 8. 347.48 (2m) (d) of the statutes is amended to read:

AB70,7,3 347.48 (2m) (d) If a motor vehicle is required to be equipped with safety belts in this state, no person who is at least 4 8 years old and who is seated at a designated seating position in the front seat required under 49 CFR 571 to have a safety belt installed or at a designated seating position in the seats, other than the front seats, for which a shoulder harness has been safety belt is required to be installed may be a passenger in that motor vehicle unless the person is properly restrained.

AB70, s. 9 Section 9. 347.48 (4) (a) 1. of the statutes is renumbered 347.48 (4) (am) and amended to read:

AB70,7,16 347.48 (4) (am) No Subject to par. (au), no person may transport a child under the age of 4 8 in a motor vehicle unless the child is properly restrained in compliance with par. (as) in a child safety restraint system approved that is appropriate to the child's age and size and that meets the standards established by the department. In this subdivision, "properly restrained" means fastened in a manner prescribed by the manufacturer of the system which permits the system to act as a body restraint but does not include a system in which the only body restraint is a safety belt of the type required under sub. (1) under this paragraph. The department shall, by rule, establish standards in compliance with applicable federal standards , including standards under 49 CFR 571.213, for approved types of child safety restraint systems for those child restraint systems purchased after November 1, 1982.

AB70, s. 10 Section 10. 347.48 (4) (a) 2. of the statutes is renumbered 347.48 (4) (as) 4. and amended to read:

AB70,7,25 347.48 (4) (as) 4. No person may transport a Subject to subds. 1. to 3., if the child who is at least 4 years old but is less than 8 years old in a motor vehicle unless, the child is shall be properly restrained in a child safety restraint system approved by the department under subd. 1. or in a safety belt approved by the department under sub. (2). In this subdivision, "properly restrained" means fastened in a manner prescribed by the manufacturer of the system which permits the system to act as a body restraint.

AB70, s. 11 Section 11. 347.48 (4) (a) 3. of the statutes is renumbered 347.48 (4) (au), and 347.48 (4) (au) (intro.), as renumbered, is amended to read:

AB70,8,7 347.48 (4) (au) (intro.) Notwithstanding subds. 1. and 2. pars. (am) and (as), a person other than the operator of a motor vehicle transporting a child required to be properly restrained under subd. 1. or 2. pars. (am) and (as) may temporarily remove a child from a safety restraint system to attend to the personal needs of the child under all of the following conditions:

AB70, s. 12 Section 12. 347.48 (4) (ag) of the statutes is created to read:

AB70,8,9 347.48 (4) (ag) In this subsection:

AB70,8,13 1. "Child booster seat" means a child passenger restraint system that meets the applicable federal standards under 49 CFR 571.213 and is designed to elevate a child from a vehicle seat to allow the vehicle's safety belt to be properly positioned over the child's body.

AB70,8,14 2. "Designated seating position" has the meaning given in 49 CFR 571.3.

AB70,8,15 3. "Properly restrained" means any of the following:

AB70,8,19 a. With respect to par. (as) 1. and 2., fastened in a manner prescribed by the manufacturer of the child safety restraint system which permits the system to act as a body restraint but does not include a system in which the only body restraint is a safety belt of the type required under sub. (1).

AB70,8,25 b. With respect to par. (as) 3., wearing a safety belt consisting of a combination lap belt and shoulder harness approved by the department under sub. (2) and fastened in a manner prescribed by the manufacturer of the safety belt so that the safety belt properly fits across the child's lap and the center of the child's chest in a manner appropriate to the child's height, weight, and age that permits the safety belt to act as a body restraint.

AB70,9,2 c. With respect to par. (as) 4., fastened in a manner prescribed by the manufacturer of the system which permits the system to act as a body restraint.

AB70, s. 13 Section 13. 347.48 (4) (as) of the statutes is created to read:

AB70,9,5 347.48 (4) (as) A child under the age of 8 years who is being transported in a motor vehicle shall be restrained as follows:

AB70,9,9 1. If the child is less than one year old or weighs less than 20 pounds, the child shall be properly restrained in a rear-facing child safety restraint system, positioned at a designated seating position in a back passenger seat of the vehicle if the vehicle is equipped with a back passenger seat.

AB70,9,14 2. Subject to subd. 1., if the child is at least one year old and weighs at least 20 pounds but is less than 4 years old or weighs less than 40 pounds, the child shall be properly restrained in a forward-facing child safety restraint system, positioned at a designated seating position in a back passenger seat of the vehicle if the vehicle is equipped with a back passenger seat.

AB70,9,17 3. Subject to subds. 1. and 2., if the child is at least 4 years old but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and is not more than 57 inches in height, the child shall be properly restrained in a child booster seat.

AB70, s. 14 Section 14. 347.48 (4) (b) of the statutes is amended to read:

AB70,9,22 347.48 (4) (b) The department may, by rule, exempt from the requirements under par. (a) pars. (am) and (as) any child who because of a physical or medical condition or body size cannot be placed in a child safety restraint system, child booster seat, or safety belt.

AB70, s. 15 Section 15. 347.48 (4) (d) of the statutes is amended to read:

AB70,9,25 347.48 (4) (d) Evidence of compliance or failure to comply with par. (a) pars. (am) and (as) is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle but failure to comply with par. (a) pars. (am) and (as) does not by itself constitute negligence.

AB70, s. 16 Section 16. 347.482 of the statutes is created to read:

AB70,10,8 347.482 Safety restraint enforcement surcharge. (1) If a court imposes a forfeiture for a violation of s. 347.48 (2m) or (4) or a local ordinance in conformity with s. 347.48 (2m) or (4), the court shall also impose under ch. 814 a safety restraint enforcement surcharge of $25. If multiple offenses are involved, the court shall impose a safety restraint enforcement surcharge upon each forfeiture imposed.

AB70,10,13 (2) (a) Except as provided in par. (b), the clerk of the circuit court shall collect and transmit the amount of the safety restraint enforcement surcharge under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then pay this amount to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB70,10,17 (b) If a forfeiture is imposed by a municipal court, the court shall transmit the amount of the safety restraint enforcement surcharge under sub. (1) to the treasurer of the city or village as provided in s. 66.0114 (1) (bm) and the treasurer shall then pay this amount to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB70,10,20 (c) The secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be credited to the appropriation account under s. 20.395 (5) (gq).

AB70, s. 17 Section 17. 347.50 (1) of the statutes is amended to read:

AB70,10,24 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s. 347.415 (1m), (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.

AB70, s. 18 Section 18. 347.50 (3) (a) of the statutes is amended to read:

AB70,11,4 347.50 (3) (a) Any person violating s. 347.48 (4) (a) 1. (am) may be required to forfeit not less than $30 $50 nor more than $75. For a 2nd or subsequent conviction within 3 years, a person may be required to forfeit not less than $75 nor more than $200.

AB70, s. 19 Section 19. 347.50 (3) (b) of the statutes is amended to read:

AB70,11,7 347.50 (3) (b) No forfeiture may be assessed under par. (a) if all of the following apply:

AB70,11,10 1. The motor vehicle was not equipped with a child safety restraint system meeting the requirements under s. 347.48 (4) (a) 1. (am) at the time the uniform traffic citation was issued; and.

AB70,11,15 2. The person provides proof that, within 30 days after the uniform traffic citation was issued, a child safety restraint system meeting the requirements under s. 347.48 (4) (a) 1. (am) was purchased or leased, or received by the person under the Child Safety Restraint System Program under s. 85.56, and properly installed in the motor vehicle.

AB70, s. 20 Section 20. 347.50 (3) (b) 3. of the statutes is created to read:

AB70,11,18 347.50 (3) (b) 3. The person has not, within the immediately preceding 3 years, been issued a uniform traffic citation for a violation of s. 347.48 (4) (am).

AB70, s. 21 Section 21. 347.50 (4) of the statutes is repealed.

AB70, s. 22 Section 22. 757.05 (1) (a) of the statutes is amended to read:

AB70,12,8 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt or restraint use violations under s. 347.48 (2m) or (4), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 24% 24 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB70, s. 23 Section 23. 814.63 (1) (c) of the statutes is amended to read:

AB70,12,15 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a safety belt or restraint use violation under s. 347.48 (2m) or (4).

AB70, s. 24 Section 24. 814.63 (2) of the statutes is amended to read:

AB70,12,25 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt or restraint use violation under s. 347.48 (2m) or (4), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB70, s. 25 Section 25. 814.65 (1) of the statutes is amended to read:

AB70,13,12 814.65 (1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 347.48 (2m) or (4), the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB70, s. 26 Section 26. 814.75 (20m) of the statutes is created to read:

AB70,13,14 814.75 (20m) The safety restraint enforcement surcharge under s. 347.482.

AB70, s. 27 Section 27. 814.79 (8m) of the statutes is created to read:

AB70,13,16 814.79 (8m) The safety restraint enforcement surcharge under s. 347.482.

AB70, s. 28 Section 28. 814.81 (10) of the statutes is created to read:

AB70,13,18 814.81 (10) The safety restraint enforcement surcharge under s. 347.482.

AB70, s. 29 Section 29. 814.85 (1) (a) of the statutes is amended to read:

AB70,14,2 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt or restraint use violation under s. 347.48 (2m) or (4), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB70, s. 30 Section 30. 814.86 (1) of the statutes is amended to read:

AB70,14,12 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt or restraint use violation under s. 347.48 (2m) or (4), the clerk of circuit court shall charge and collect a $9 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB70, s. 31 Section 31. Nonstatutory provisions.

AB70,15,2 (1) Notwithstanding section 347.50 (1) and (3) (a) of the statutes, as affected by this act, during the period beginning on the effective date of this subsection and ending on the last day of the 6th month beginning after the effective date of this subsection, if a law enforcement officer has probable cause to believe that a person has committed a violation of section 347.48 (2m) or (4) of the statutes, as affected by this act, the law enforcement officer shall issue to the person a written warning, but not a citation, for the violation if the person has not been found to have committed, or received a written warning for, a previous violation during this period. If a law enforcement officer issues a written warning under this subsection, the officer shall forward a copy of the warning to the department of transportation, which shall maintain a record of the warning in the person's file under section 343.23 (2) (a) of the statutes until the last day of the 6th month beginning after the effective date of this subsection.

AB70, s. 32 Section 32. Initial applicability.

AB70,15,6 (1) This act 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 purposes of sentencing a person.

AB70, s. 33 Section 33. Effective date.

AB70,15,9 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB70,15,10 (End)