LRB-1655/1
ARG:wlj:jf
2007 - 2008 LEGISLATURE
March 27, 2007 - Introduced by Representatives Staskunas, Sheridan, Colon, Van
Akkeren, Hahn, Travis, Cullen, Vos, Jeskewitz, Albers, Gunderson, A.
Williams, Townsend, Berceau, Sinicki and Nygren, cosponsored by Senators
Harsdorf, Carpenter, Lehman, Darling and
Olsen. Referred to Committee on
Transportation.
AB214,1,3
1An Act to amend 346.95 (1); and
to create 346.89 (3) of the statutes;
relating
2to: driving 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 bill prohibits a person driving under an instruction permit or a
probationary license from driving a motor vehicle while using a cellular telephone
(cellular phone) or while using any other wireless telecommunications device that is
not installed in the vehicle (wireless device), 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 to cellular phones regardless of
whether the cellular phone is hand-held, installed in the vehicle, or otherwise
situated, but applies to other wireless devices only if they are hand-held or otherwise
not installed in the vehicle. The prohibition applies regardless of whether use of the
cellular phone or 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.
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:
AB214, s. 1
1Section
1. 346.89 (3) of the statutes is created to read:
AB214,2,62
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 drive, as defined in s. 343.305
4(1) (b), a motor vehicle while using a cellular telephone or while using any other
5wireless telecommunications device that is not installed in the vehicle, except to
6report an emergency.
AB214, s. 2
7Section
2. 346.95 (1) of the statutes is amended to read:
AB214,2,118
346.95
(1) Any person violating s. 346.87, 346.88, 346.89 (2)
or (3), 346.90 to
9346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than
10$20 nor more than $40 for the first offense and not less than $50 nor more than $100
11for the 2nd or subsequent conviction within a year.
AB214,2,1413
(1) This act takes effect on the first day of the 7th month beginning after
14publication.
