LRBs0313/1
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2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 462
January 27, 2004 - Offered by Representatives Ladwig and Staskunas.
AB462-ASA1,1,3
1An Act to amend 346.95 (1); and
to create 346.89 (3) of the statutes;
relating
2to: operating a motor vehicle while using a cellular telephone or other wireless
3telecommunications device and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving, which means that a driver of a motor
vehicle may not be so engaged or occupied as to interfere with the safe driving of the
vehicle. Any person convicted of inattentive driving may be required to forfeit not
less than $20 nor more than $400.
This substitute amendment prohibits a person driving under an instruction
permit or a probationary license from operating a motor vehicle while using a cellular
telephone or other wireless telecommunications device (cellular phone), except to
report an emergency. (A probationary license is, with certain exceptions, issued to
all applicants for an original driver's license and remains in effect for two years from
the date of the licensee's next birthday.) The prohibition applies regardless of
whether the cellular phone is hand-held, installed in the vehicle, or otherwise
situated, and regardless of whether use of the cellular phone interferes with
operation of the vehicle. Persons who violate this prohibition may be required to
forfeit not less than $20 nor more than $40 for a first offense, and not less than $50
nor more than $100 for a second or subsequent offense within one year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB462-ASA1,2,52
346.89
(3) No person who holds a probationary license issued under s. 343.085,
3or an instruction permit issued under s. 343.07, may operate a motor vehicle while
4using a cellular telephone or other wireless telecommunications device, except to
5report an emergency.
AB462-ASA1,2,107
346.95
(1) Any person violating s. 346.87, 346.88, 346.89 (2)
or (3), 346.90 to
8346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than
9$20 nor more than $40 for the first offense and not less than $50 nor more than $100
10for the 2nd or subsequent conviction within a year.
AB462-ASA1,2,1312
(1)
This act takes effect on the first day of the 7th month beginning after
13publication.
