2005 - 2006 LEGISLATURE
August 24, 2005 - Introduced by Senators Roessler, Robson, Risser, Brown, A.
Lasee, Lassa, Olsen
and Wirch, cosponsored by Representatives Petrowski,
Suder, Wasserman, Ainsworth, Bies, Jensen, Kreibich, Lehman, McCormick,
Molepske, Musser, Nass, Ott, Pope-Roberts, Shilling, Sinicki, Stone
and
Van Roy. Referred to Committee on Health, Children, Families, Aging and
Long Term Care.
SB305,1,6 1An Act to renumber and amend 347.48 (4) (a) 1., 347.48 (4) (a) 2. and 347.48
2(4) (a) 3.; to amend 343.32 (2) (bt), 347.48 (2m) (c), 347.48 (2m) (d), 347.48 (4)
3(b), 347.48 (4) (d), 347.50 (1), 347.50 (3) (a), 347.50 (3) (b) and 347.50 (4); and
4to create 347.48 (4) (ag), 347.48 (4) (as) and 347.50 (3) (b) 3. of the statutes;
5relating to: child safety restraint systems, safety belt use requirements in
6motor vehicles, 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, applicable to violations involving
children under age four, 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,
applicable to violations involving children between the ages of four and eight, 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 as under current law applies with respect to
violations involving, respectively, children under age four and children between the
ages of four and eight. However, with respect to violations involving children under
age four, the bill imposes an additional requirement for avoiding imposition of a
forfeiture that 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. 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.
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:
SB305, s. 1 1Section 1. 343.32 (2) (bt) of the statutes is amended to read:
SB305,3,32 343.32 (2) (bt) The scale adopted by the secretary may not assess any demerit
3points for a violation of s. 346.922 or 347.48 (2m) (b), (c) or (d) or (4) (a) (am).
SB305, s. 2 4Section 2. 347.48 (2m) (c) of the statutes is amended to read:
SB305,3,115 347.48 (2m) (c) If a motor vehicle is required to be equipped with safety belts
6in this state, no person may operate that motor vehicle unless he or she reasonably
7believes that each passenger who is at least 4 8 years old and not more than 15 16
8years old and who is seated at a designated seating position in the front seat required
9under 49 CFR 571 to have a safety belt installed or at a designated seating position
10in the seats, other than the front seats, for which a shoulder harness has been safety
11belt is required to be
installed is properly restrained.
SB305, s. 3 12Section 3. 347.48 (2m) (d) of the statutes is amended to read:
SB305,3,1813 347.48 (2m) (d) If a motor vehicle is required to be equipped with safety belts
14in this state, no person who is at least 4 8 years old and who is seated at a designated
15seating position in the front seat required under 49 CFR 571 to have a safety belt
16installed or at a designated seating position in the seats, other than the front seats,
17for which a shoulder harness has been safety belt is required to be installed may be
18a passenger in that motor vehicle unless the person is properly restrained.
SB305, s. 4 19Section 4. 347.48 (4) (a) 1. of the statutes is renumbered 347.48 (4) (am) and
20amended to read:
SB305,4,11
1347.48 (4) (am) No Subject to par. (au), no person may transport a child under
2the age of 4 8 in a motor vehicle unless the child is properly restrained in compliance
3with par. (as)
in a child safety restraint system approved that is appropriate to the
4child's age and size and that meets the standards established
by the department. In
5this subdivision, "properly restrained" means fastened in a manner prescribed by the
6manufacturer of the system which permits the system to act as a body restraint but
7does not include a system in which the only body restraint is a safety belt of the type
8required under sub. (1)
under this paragraph. The department shall, by rule,
9establish standards in compliance with applicable federal standards , including
10standards under 49 CFR 571.213,
for approved types of child safety restraint
11systems for those child restraint systems purchased after November 1, 1982.
SB305, s. 5 12Section 5. 347.48 (4) (a) 2. of the statutes is renumbered 347.48 (4) (as) 4. and
13amended to read:
SB305,4,2014 347.48 (4) (as) 4. No person may transport a Subject to subds. 1. to 3., if the
15child who is at least 4 years old but is less than 8 years old in a motor vehicle unless,
16the child is shall be properly restrained in a child safety restraint system approved
17by the department under subd. 1. or in a
safety belt approved by the department
18under sub. (2). In this subdivision, "properly restrained" means fastened in a
19manner prescribed by the manufacturer of the system which permits the system to
20act as a body restraint.
SB305, s. 6 21Section 6. 347.48 (4) (a) 3. of the statutes is renumbered 347.48 (4) (au), and
22347.48 (4) (au) (intro.), as renumbered, is amended to read:
SB305,5,223 347.48 (4) (au) (intro.) Notwithstanding subds. 1. and 2. pars. (am) and (as),
24a person other than the operator of a motor vehicle transporting a child required to
25be properly restrained under subd. 1. or 2. pars. (am) and (as) may temporarily

1remove a child from a safety restraint system to attend to the personal needs of the
2child under all of the following conditions:
SB305, s. 7 3Section 7. 347.48 (4) (ag) of the statutes is created to read:
SB305,5,44 347.48 (4) (ag) In this subsection:
SB305,5,85 1. "Child booster seat" means a child passenger restraint system that meets the
6applicable federal standards under 49 CFR 571.213 and is designed to elevate a child
7from a vehicle seat to allow the vehicle's safety belt to be properly positioned over the
8child's body.
SB305,5,99 2. "Designated seating position" has the meaning given in 49 CFR 571.3.
SB305,5,1010 3. "Properly restrained" means any of the following:
SB305,5,1411 a. With respect to par. (as) 1. and 2., fastened in a manner prescribed by the
12manufacturer of the child safety restraint system which permits the system to act
13as a body restraint but does not include a system in which the only body restraint is
14a safety belt of the type required under sub. (1).
SB305,5,2015 b. With respect to par. (as) 3., wearing a safety belt consisting of a combination
16lap belt and shoulder harness approved by the department under sub. (2) and
17fastened in a manner prescribed by the manufacturer of the safety belt so that the
18safety belt properly fits across the child's lap and the center of the child's chest in a
19manner appropriate to the child's height, weight, and age that permits the safety belt
20to act as a body restraint.
SB305,5,2221 c. With respect to par. (as) 4., fastened in a manner prescribed by the
22manufacturer of the system which permits the system to act as a body restraint.
SB305, s. 8 23Section 8. 347.48 (4) (as) of the statutes is created to read:
SB305,5,2524 347.48 (4) (as) A child under the age of 8 years who is being transported in a
25motor vehicle shall be restrained as follows:
SB305,6,4
11. If the child is less than one year old or weighs less than 20 pounds, the child
2shall be properly restrained in a rear-facing child safety restraint system, positioned
3at a designated seating position in a back passenger seat of the vehicle if the vehicle
4is equipped with a back passenger seat.
SB305,6,95 2. Subject to subd. 1., if the child is at least one year old and weighs at least 20
6pounds but is less than 4 years old or weighs less than 40 pounds, the child shall be
7properly restrained in a forward-facing child safety restraint system, positioned at
8a designated seating position in a back passenger seat of the vehicle if the vehicle is
9equipped with a back passenger seat.
SB305,6,1210 3. Subject to subds. 1. and 2., if the child is at least 4 years old but less than 8
11years old, weighs at least 40 pounds but not more than 80 pounds, and is not more
12than 57 inches in height, the child shall be properly restrained in a child booster seat.
SB305, s. 9 13Section 9. 347.48 (4) (b) of the statutes is amended to read:
SB305,6,1714 347.48 (4) (b) The department may, by rule, exempt from the requirements
15under par. (a) pars. (am) and (as) any child who because of a physical or medical
16condition or body size cannot be placed in a child safety restraint system, child
17booster seat,
or safety belt.
SB305, s. 10 18Section 10. 347.48 (4) (d) of the statutes is amended to read:
SB305,6,2219 347.48 (4) (d) Evidence of compliance or failure to comply with par. (a) pars.
20(am) and (as)
is admissible in any civil action for personal injuries or property
21damage resulting from the use or operation of a motor vehicle but failure to comply
22with par. (a) pars. (am) and (as) does not by itself constitute negligence.
SB305, s. 11 23Section 11. 347.50 (1) of the statutes is amended to read:
SB305,7,3
1347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s.
2347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or (4)
3(a) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.
SB305, s. 12 4Section 12. 347.50 (3) (a) of the statutes is amended to read:
SB305,7,65 347.50 (3) (a) Any person violating s. 347.48 (4) (a) 1. (am) may be required to
6forfeit not less than $30 nor more than $75 if the child is less than 4 years old.
SB305, s. 13 7Section 13. 347.50 (3) (b) of the statutes is amended to read:
SB305,7,98 347.50 (3) (b) No forfeiture may be assessed under par. (a) if all of the following
9apply
:
SB305,7,1210 1. The motor vehicle was not equipped with a child safety restraint system
11meeting the requirements under s. 347.48 (4) (a) 1. (am) at the time the uniform
12traffic citation was issued; and.
SB305,7,1613 2. The person provides proof that, within 30 days after the uniform traffic
14citation was issued, a child safety restraint system meeting the requirements under
15s. 347.48 (4) (a) 1. (am) was purchased or leased and properly installed in the motor
16vehicle.
SB305, s. 14 17Section 14. 347.50 (3) (b) 3. of the statutes is created to read:
SB305,7,1918 347.50 (3) (b) 3. The person has not, within the immediately preceding 3 years,
19been issued a uniform traffic citation for a violation of s. 347.48 (4) (am).
SB305, s. 15 20Section 15. 347.50 (4) of the statutes is amended to read:
SB305,7,2521 347.50 (4) Any person violating s. 347.48 (4) (a) 2. (am) may be required to
22forfeit not less than $10 nor more than $25 for the first offense if the child is at least
234 years old and less than 8 years old
. For a 2nd or subsequent conviction within 3
24years involving a child who is at least 4 years old and less than 8 years old, a person
25may be required to forfeit not less than $25 nor more than $200.
SB305, s. 16
1Section 16. Nonstatutory provisions.
SB305,8,142 (1) Notwithstanding section 347.50 (1), (3) (a), and (4) of the statutes, as
3affected by this act, during the period beginning on the effective date of this
4subsection and ending on the last day of the 6th month beginning after the effective
5date of this subsection, if a law enforcement officer has probable cause to believe that
6a person has committed a violation of section 347.48 (2m) or (4) of the statutes, as
7affected by this act, the law enforcement officer shall issue to the person a written
8warning, but not a citation, for the violation if the person has not been found to have
9committed, or received a written warning for, a previous violation during this period.
10If a law enforcement officer issues a written warning under this subsection, the
11officer shall forward a copy of the warning to the department of transportation, which
12shall maintain a record of the warning in the person's file under section 343.23 (2)
13(a) of the statutes until the last day of the 6th month beginning after the effective
14date of this subsection.
SB305, s. 17 15Section 17. Initial applicability.
SB305,8,1816 (1) This act first applies to violations committed on the effective date of this
17subsection, but does not preclude the counting of other violations as prior violations
18for purposes of sentencing a person.
SB305, s. 18 19Section 18. Effective date.
SB305,8,2120 (1) This act takes effect on the first day of the 4th month beginning after
21publication.
SB305,8,2222 (End)
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