AB639: Bill Text

LRB-3837/1

EVM:kjf:rs

2013 - 2014 LEGISLATURE

2013 Assembly BILL 639

January 21, 2014 - Introduced by Representatives Spiros, Bies, Ballweg, Berceau, Kleefisch, Kulp, Ohnstad, Petryk and Wright, cosponsored by Senators Petrowski, Carpenter, Lassa, Lehman and Olsen. Referred to Committee on Transportation.

AB639,1,3 An Act to amend 346.95 (1); and to create 346.89 (5) of the statutes; relating to: the use of a cellular or other wireless telephone while driving a motor vehicle in a construction zone 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; 2) driving a motor vehicle while composing or sending an electronic text message or an e-mail message, subject to various exceptions; and 3) a probationary license or instructional permit holder driving a motor vehicle while using a cellular or other wireless telephone. Any person convicted of the first two forms of inattentive driving may be required to forfeit not less than $20 nor more than $400 and any person convicted of the third form of inattentive driving 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 a year.

This bill prohibits a person from driving a motor vehicle while using a cellular or other wireless telephone in a construction zone, unless the person uses the telephone without the use of his or her hands. The prohibition includes using the telephone for a purpose other than communication. 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:

AB639,1 Section 1. 346.89 (5) of the statutes is created to read:

AB639,2,6 346.89 (5) No person may drive, as defined in s. 343.305 (1) (b), any motor vehicle while using a cellular or other wireless telephone, including using the telephone for a purpose other than communication, where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, unless the driver uses the telephone without the use of his or her hands.

AB639,2 Section 2. 346.95 (1) of the statutes is amended to read:

AB639,2,11 346.95 (1) Any person violating s. 346.87, 346.88, 346.89 (2) or, (4), or (5), 346.90 to 346.92, or 346.94 (1), (9), (10), (11), (12), or (15) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB639,3 Section 3. Effective date.

AB639,2,14 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB639,2,15 (End)