LRB-0023/1
EVM:bjk:rs
2009 - 2010 LEGISLATURE
September 22, 2009 - Introduced by Representatives Smith, Black, Hubler and
Van Roy, cosponsored by Senators Taylor and Risser. Referred to Committee
on Transportation.
AB429,1,3
1An Act to amend 346.95 (2); and
to create 346.89 (3) of the statutes;
relating
2to: driving a motor vehicle while using a wireless telecommunications device
3and 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 from using a wireless telecommunications device
while driving. A "wireless telecommunications device" is defined as any cellular
telephone two-way radio or citizens band radio, personal digital assistant, or other
device while being used by the device's operator to transmit verbal communications,
electronic mail, text messages, or any other electronic communication to one or more
persons not physically present with the device's operator, but does not include any
global positioning system device installed in or on a vehicle.
An exception is provided for a person who uses a wireless telecommunications
device that allows the person to talk and listen without holding the device or any
handset or receiver and the person does not hold or touch the device or any handset
or receiver while driving the motor vehicle. This exception does not apply to a person
who holds a probationary license or an instruction permit and who is under 18 years
of age. Exceptions to the prohibition are also provided for use of a wireless
telecommunications device in response to an emergency or by an operator of an
authorized emergency vehicle. A person found guilty of violating this provision may
be required to forfeit not less than $20 nor more than $400.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB429, s. 1
1Section
1. 346.89 (3) of the statutes is created to read:
AB429,2,22
346.89
(3) (a) In this subsection:
AB429,2,33
1. "Drive" has the meaning given in s. 343.305 (1) (b).
AB429,2,94
2. "Wireless telecommunications device" means any cellular telephone,
5two-way radio or citizens band radio, personal digital assistant, or other device while
6being used by the device's operator to transmit verbal communications, electronic
7mail, text messages, or any other electronic communication to one or more persons
8not physically present with the device's operator, but does not include any global
9positioning system device installed in or on a vehicle.
AB429,2,1110
(b) No person may drive a motor vehicle while using a wireless
11telecommunications device unless any of the following applies:
AB429,2,1712
1. The person is using a wireless telecommunications device that allows the
13person to talk and listen without holding the device or any handset or receiver and
14the person does not hold or touch the device or any handset or receiver while driving
15the motor vehicle. This subdivision does not apply to a person who holds a
16probationary license issued under s. 343.085 or an instruction permit issued under
17s. 343.07 and who is under 18 years of age.
AB429,2,1918
2. The person is using the wireless telecommunications device in response to
19an emergency.
AB429,2,2120
3. The person using the wireless telecommunications device is an operator of
21an authorized emergency vehicle.
AB429, s. 2
1Section
2. 346.95 (2) of the statutes is amended to read:
AB429,3,32
346.95
(2) Any person violating s. 346.89 (1)
or (3) or 346.94 (2), (4) or (7) may
3be required to forfeit not less than $20 nor more than $400.
AB429,3,65
(1)
This act takes effect on the first day of the 7th month beginning after
6publication.
