LRBs0235/1
ARG:wlj:jf
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 291
November 30, 2011 - Offered by Representative Petrowski.
AB291-ASA1,1,3
1An Act to amend 346.95 (1); and
to create 346.89 (4) of the statutes;
relating
2to: the use of a cellular or other wireless telephone by a probationary licensee
3or instruction permittee while driving a motor vehicle and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving of a motor vehicle, which includes:
1) being so engaged or occupied, while driving a motor vehicle, as to interfere with
the safe driving of the vehicle; and 2) driving a motor vehicle while composing or
sending an electronic text message or an e-mail message, subject to various
exceptions. Any person convicted of these forms 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 driving a motor vehicle while using a cellular
or other wireless telephone (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:
AB291-ASA1,2,52
346.89
(4) Subject to sub. (3), no person who holds a probationary license issued
3under s. 343.085, or an instruction permit issued under s. 343.07, may drive, as
4defined in s. 343.305 (1) (b), any motor vehicle while using a cellular or other wireless
5telephone, except to report an emergency.
AB291-ASA1,2,107
346.95
(1) Any person violating s. 346.87, 346.88, 346.89 (2)
or (4), 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.
AB291-ASA1,2,1312
(1) This act takes effect on the first day of the 7th month beginning after
13publication.
