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November 20, 2019 - Introduced by Representatives Tusler, C. Taylor, Billings,
Bowen, Cabrera, Considine, Crowley, Emerson, Gruszynski, Haywood,
Hebl, Ohnstad, Sargent, Spreitzer, Vruwink and Zimmerman, cosponsored
by Senators Bewley, Smith and L. Taylor. Referred to Committee on
Transportation.
AB622,1,3 1An Act to amend 347.48 (4) (as) 1., 347.48 (4) (as) 2. and 347.48 (4) (as) 3.; and
2to create 347.50 (3) (am) of the statutes; relating to: use of child safety
3restraint systems in motor vehicles and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires that children must be secured in a rear-facing car seat until
at least age two and modifies several other child safety restraint system
requirements.
Under current law, with certain exceptions, no child under the age of eight years
may be transported in a motor vehicle unless the child is properly restrained in a
child safety restraint system (car seat) or booster seat or by a safety belt (seat belt).
The type of restraint system required depends on the age and size of the child, with
more protective systems required for younger or smaller children and less protective
systems required for older or larger children. 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 car 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 either a rear-facing
or forward-facing car 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 booster seat or in a rear-facing or forward-facing car seat in the back seat of the
vehicle if the vehicle is equipped with a back seat.
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 or in a car seat or booster
seat as described above.
Under this bill, item 1, above, is modified to cover children until at least age two
and to require that such children be properly restrained in a rear-facing child safety
restraint system appropriate for the child's weight and height. Item 2, above, is
modified to cover all children who are less than four years old or who weigh less than
40 pounds, but that are not subject to item 1. Item 3, above, is modified to cover all
children who are not covered by item 1 or 2, but who are less than eight years old or
less than 57 inches in height.
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:
AB622,1 1Section 1 . 347.48 (4) (as) 1. of the statutes is amended to read:
AB622,2,62 347.48 (4) (as) 1. If the child is less than one year old or weighs less than 20
3pounds
Until at least age 2, the child shall be properly restrained in a rear-facing
4child safety restraint system appropriate for the child's weight and height,
5positioned at a designated seating position in a back passenger seat of the vehicle if
6the vehicle is equipped with a back passenger seat.
AB622,2 7Section 2 . 347.48 (4) (as) 2. of the statutes is amended to read:
AB622,2,138 347.48 (4) (as) 2. Subject to subd. 1., if the child is at least one year 2 years old
9and weighs at least 20 pounds but is less than 4 years old or weighs less than 40
10pounds, the child shall be properly restrained as provided in subd. 1. or properly
11restrained in a forward-facing child safety restraint system, positioned at a
12designated seating position in a back passenger seat of the vehicle if the vehicle is
13equipped with a back passenger seat.
AB622,3 14Section 3 . 347.48 (4) (as) 3. of the statutes is amended to read:
AB622,3,5
1347.48 (4) (as) 3. Subject to subds. 1. and 2., if the child is at least 4 years old
2and weighs at least 40 pounds but is less than 8 years old, weighs at least 40 pounds
3but not more than 80 pounds, and
or is not more than less than 57 inches in height,
4the child shall be properly restrained as provided in subd. 2. or properly restrained
5in a child booster seat.
AB622,4 6Section 4. 347.50 (3) (am) of the statutes is created to read:
AB622,3,127 347.50 (3) (am) Before January 1, 2022, no forfeiture may be assessed under
8par. (a) if the violator was improperly transporting a child who was at least one year
9old but was less than 2 years old and the child was properly restrained in a
10forward-facing child safety restraint system, positioned at a designated seating
11position in a back passenger seat of the vehicle if the vehicle was equipped with a
12back passenger seat.
AB622,5 13Section 5. Initial applicability.
AB622,3,1614 (1) This act first applies to violations committed on the effective date of this
15subsection, but does not preclude the counting of other violations as prior violations
16for purposes of sentencing a person.
AB622,6 17Section 6. Effective date.
AB622,3,1818 (1) This act takes effect on the 30th day after the day of publication.
AB622,3,1919 (End)
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