State seeks seat belt legislation

by Whitney Trotta

Tuesday, October 7, 2008 00:03

A bill that would enable police officers to pull over drivers solely on the basis of not wearing their seat belt is up for debate in Wisconsin.

If legislation is passed, Wisconsin could receive $15 million in federal money to go toward the state budget to implement the program.

Previously, Wisconsin Senate President Fred Risser, D-Madison, and others attempted to pass the bill but received opposition from some legislators, including Rep. Leon Young, D-Milwaukee, which stopped the law from being considered.

Democratic Gov. Jim Doyle has previously shown support for the law.

“The governor has always supported a primary seat belt law, but there should be a way to enforce it with some protections in place for racial profiling,” said Doyle spokesperson Carla Vigue.

Currently, Wisconsin has secondary enforcement of the seat belt law, and a driver can be ticketed for not wearing a seat belt only if they are pulled over for a different reason first. The issue for some with primary enforcement is a possible increase racial profiling and encroach on drivers’ rights.

All the states surrounding Wisconsin, excluding Minnesota, have primary seat belt enforcement laws. According to Dennis Hughes, chief of safety programs at the Wisconsin State Patrol, these states have not reported that this law will make enforcement any more difficult or increase racial profiling.

“Illinois, for example, had to address concerns about racial profiling and they did both primary enforcement and racial profiling,” Hughes said. “In Illinois, they created a law that (requires) officers to create a record of every stop they do, record the drivers’ race, the date and what happened.”

By creating this second law along with the primary enforcement law, Illinois made a political move, satisfying the opposition that argued the law would increase racial profiling. But according to Hughes, it actually protected minorities.

Some legislators and groups like the National Motorists Association have problems with the law, but there are also groups, including Mothers Against Drunk Driving and the Wisconsin Medical Society, that say the law is key in saving lives.

Hughes said the main purpose of the law is to get people to buckle up, which ultimately translates to fewer traffic accidents and fatalities. Last year, approximately 75 percent of all Wisconsinites claimed to have buckled up, with more women than men using seat belts, according to a study by the Wisconsin Department of Transportation.

“Looking back, if belt use would have been 85 percent compliance instead of 75 percent, Wisconsin would have seen 44 less fatalities and 650 fewer serious injuries (each year),” Hughes said.

As far as the law’s chance of passing, Hughes said it is really is up to voters. Previously, the law has not been a Democratic or Republican issue, and with elections approaching in November, it’s hard to tell if the new Legislature will pass the law.