SB246: Bill Text

LRB-2625/1

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2005 - 2006 LEGISLATURE

2005 Senate BILL 246

June 21, 2005 - Introduced by Senators Leibham and Roessler, cosponsored by Representatives Ainsworth, Kerkman, Lothian, Owens, LeMahieu, Ott and Townsend. Referred to Committee on Natural Resources and Transportation.

SB246,1,2 An Act to amend 814.63 (1) (c) and 814.63 (2) of the statutes; relating to: imposing court costs in cases involving motor vehicle seat belt violations.

Analysis by the Legislative Reference Bureau

Current law requires the use of safety belts (seat belts) in certain motor vehicles. With specific exceptions, no person may drive a motor vehicle unless he or she is properly restrained by a seat belt and unless he or she reasonably believes that each passenger between the ages of four and 15 years of age 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. Violators of any of these requirements may be required to forfeit $10, except that passengers must be at least 16 years of age before a forfeiture may be imposed. Violators pay no additional court costs, fees, or assessments.

This bill removes this exemption from the following circuit court fees:

1. A fee of $25 collected from any person convicted of any of these motor vehicle seat belt requirements.

2. Upon disposition of a local ordinance relating to any of these motor vehicle seat belt requirements, a fee of $5 collected from the local authority that enacted the applicable ordinance.

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:

SB246, s. 1 Section 1. 814.63 (1) (c) of the statutes is amended to read:

SB246,2,7 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) 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 a safety belt use violation under s. 347.48 (2m).

SB246, s. 2 Section 2. 814.63 (2) of the statutes is amended to read:

SB246,2,17 814.63 (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 use violation under s. 347.48 (2m), 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.

SB246, s. 3 Section 3. Initial applicability.

SB246,2,20 (1) This act first applies to violations committed on the effective date of this subsection.

SB246, s. 4 Section 4. Effective date.

SB246,3,2 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB246,3,3 (End)