AB70: Bill Text

February 1, 2005 - Introduced by Representatives Petrowski, Suder, Wasserman, Ainsworth, Bies, Jensen, Kreibich, Lehman, McCormick, Molepske, Musser, Nass, Ott, Pope-Roberts, Shilling, Sinicki, Stone and Van Roy, cosponsored by Senators Roessler, Robson, Risser, Brown, A. Lasee, Lassa, Olsen and Wirch. Referred to Committee on Highway Safety.

AB70,1,11 An Act to repeal 347.50 (4); to renumber and amend 347.48 (4) (a) 1., 347.48 (4) (a) 2. and 347.48 (4) (a) 3.; to amend 165.755 (1) (b), 302.46 (1) (a), 343.32 (2) (bt), 347.48 (2m) (c), 347.48 (2m) (d), 347.48 (4) (b), 347.48 (4) (d), 347.50 (1), 347.50 (3) (a), 347.50 (3) (b), 757.05 (1) (a), 814.63 (1) (c), 814.63 (2), 814.65 (1), 814.85 (1) (a) and 814.86 (1); and to create 20.395 (5) (gq), 25.40 (1) (in), 85.56, 347.48 (4) (ag), 347.48 (4) (as), 347.482, 347.50 (3) (b) 3., 814.75 (20m), 814.79 (8m) and 814.81 (10) of the statutes; relating to: child safety restraint systems, safety belt use requirements in motor vehicles, creating a Child Safety Restraint System Program, creating a safety restraint enforcement surcharge, granting rule-making authority, making an appropriation, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, no child under the age of four years may be transported in a motor vehicle unless that child is properly restrained in a child safety restraint system (child safety seat), and no child between the ages of four and eight years may be transported in a motor vehicle unless that child is properly restrained in a child safety seat or by a safety belt (seat belt). A person who fails to comply with the child safety seat requirement is subject to a forfeiture of not less than $30 nor more than $75, but no forfeiture may be assessed if the vehicle was not equipped with a child safety seat at the time of the violation and the person provides proof that, within 30 days after the violation, a child safety seat was purchased or leased and properly installed in the vehicle. A person who fails to comply with the seat belt requirement is subject to a forfeiture of not less than $10 nor more than $25 for a first violation or, for a second or subsequent violation within three years, a forfeiture of not less than $25 nor more than $200. A person who fails to comply with the child safety seat requirement will also incur additional fees, costs, and surcharges, but a person who fails to comply with the seat belt requirement will not.

This bill creates a tiered structure, according to age and size, of restraint requirements for transporting children under the age of eight in a motor vehicle. Under this bill, 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 child safety 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 child safety 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 child booster seat positioned according to the child seating requirements described below.

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 (as under current law).

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 protective category.

This bill prohibits a person from transporting a child under the age of eight in a motor vehicle unless the child is properly restrained as described above and the restraint system meets the standards established by the Department of Transportation (DOT) and is appropriate to the child's age and size. Certain exceptions that apply under current law continue to apply to these requirements.

Under the bill, the same penalty applies regardless of which specific requirement is violated. A person who fails to comply with any of these requirements is subject to a forfeiture of not less than $50 nor more than $75 for a first violation or, for a second or subsequent violation within three years, a forfeiture of not less than $75 nor more than $200. However, no forfeiture may be assessed if the vehicle was not equipped with an applicable child safety restraint system at the time of the violation, the person provides proof that, within 30 days after the violation, a child safety restraint system was purchased, leased, or received under the DOT program described later in this analysis and properly installed in the vehicle, and the person has not been issued a uniform traffic citation for violation of the child safety restraint system requirements within the immediately preceding three years. The bill also eliminates the imposition of additional fees, costs, and surcharges for child safety seat violations. For the first six months after enactment of the bill, law enforcement officers may issue only written warnings, not citations, for child safety seat and seat belt violations if the violator has not previously received a warning or citation within this period.

Under current law, with specific exceptions, no person may drive a motor vehicle unless he or she reasonably believes that each passenger between the ages of four and 15 years is properly restrained by a seat belt. No person who is at least four years old may be a passenger in the front seat of a motor vehicle, or in a seat other than the front seat for which a shoulder harness has been installed, unless that person is properly restrained. This bill extends this seat belt requirement to passengers up to the age of 16 years and applies the requirement to passengers in seats other than the front seat for which safety belts are required to be installed.

The bill also requires DOT to develop and administer a program to provide child safety restraint systems to low-income families in this state. To administer the program, DOT must enter into an agreement with Children's Hospital and Health System (CHHS) to provide funds to CHHS to purchase and distribute, through Safe Kids Wisconsin, child safety restraint systems to low-income families in accordance with standards and criteria established by rule by DOT. CHHS must annually submit an audited financial statement of its use of the funds and may not receive funding if it dissolves or loses its tax-exempt status under federal law.

Current law imposes various surcharges against persons who violate certain laws; these surcharges must be paid in addition to any fine or forfeiture imposed and in addition to any other surcharge imposed. For example, current law imposes a railroad crossing improvement surcharge on persons convicted of violating certain traffic laws relating to railroad crossings, a truck driver education surcharge on persons convicted of violating certain traffic laws while operating a commercial motor vehicle, and a driver improvement surcharge on persons convicted of violating certain laws relating to driving while intoxicated. With limited exceptions, including those described above, a person convicted of a state or local traffic law violation must also pay other surcharges of general applicability.

This bill creates a new safety restraint enforcement surcharge, in an amount of $25, that must be imposed on any person convicted of a child safety restraint system violation. The money collected from the surcharge is deposited in the transportation fund to be used exclusively for the Child Safety Restraint System Program.

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:

AB70, s. 1 Section 1. 20.395 (5) (gq) of the statutes is created to read:

AB70,4,3 20.395 (5) (gq) Child Safety Restraint System Program, state funds. All moneys received from safety restraint enforcement surcharges under s. 347.482, for the purposes specified in s. 85.56.

AB70, s. 2 Section 2. 25.40 (1) (in) of the statutes is created to read:

AB70,4,7 25.40 (1) (in) All moneys forwarded by treasurers from safety restraint enforcement surcharges imposed under s. 347.482, as provided in ss. 59.25 (3) (f) 2. and 66.0114 (1) (bm).

AB70, s. 3 Section 3. 85.56 of the statutes is created to read:

AB70,4,15 85.56 Child Safety Restraint System Program. (1) The department shall develop and administer a program to provide to low-income families in this state child safety restraint systems, including infant and toddler car seats and child booster seats, for the purpose of promoting compliance with the requirements of s. 347.48 (4). The department shall adopt rules to implement and administer this section, including standards and criteria for providing low-income families with child safety restraint systems.

AB70,4,24 (2) (a) For purposes of administering the program under sub. (1), the department shall enter into an agreement with Children's Hospital and Health System, a nonprofit corporation and an organization described in section 501 (c) (3) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code, to make payments from the appropriation under s. 20.395 (5) (gq) to Children's Hospital and Health System for the purchase and distribution by Safe Kids Wisconsin, led by Children's Hospital and Health System, of child safety restraint systems to low-income families under the standards and criteria established by the department by rule.

AB70,5,4 (b) The agreement under this subsection shall require that Children's Hospital and Health System annually submit to the presiding officer of each house of the legislature an audited financial statement of its use of the payments under this section, prepared in accordance with generally accepted accounting principles.

AB70,5,12 (c) Payments to Children's Hospital and Health System under this section shall be discontinued by the department if either Children's Hospital and Health System or Safe Kids Wisconsin dissolves or is no longer exempt from taxation under section 501 (a) of the Internal Revenue Code, and the department shall designate a new recipient for payments under this section, which must be a nonprofit organization with a purpose of promoting child safety and which must comply with any requirement specified in this section for Children's Hospital and Health System or Safe Kids Wisconsin.

AB70, s. 4 Section 4. 165.755 (1) (b) of the statutes is amended to read:

AB70,5,21 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b), 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 state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt or restraint use violation under s. 347.48 (2m) or (4).

AB70, s. 5 Section 5. 302.46 (1) (a) of the statutes is amended to read:

AB70,6,10 302.46 (1) (a) On or after October 1, 1987, if If 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), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1% 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB70, s. 6 Section 6. 343.32 (2) (bt) of the statutes is amended to read:

AB70,6,13 343.32 (2) (bt) The scale adopted by the secretary may not assess any demerit points for a violation of s. 346.922 or 347.48 (2m) (b), (c) or (d) or (4) (a) (am).

AB70, s. 7 Section 7. 347.48 (2m) (c) of the statutes is amended to read:

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.