LRB-3488/1
EVM:bjk:md
2009 - 2010 LEGISLATURE
October 15, 2009 - Introduced by Representatives Barca, Turner, Bernard
Schaber, Zigmunt, Steinbrink, A. Ott, Clark, Sinicki, Bies, Pasch,
Hilgenberg, Petrowski, Hixson, Hintz, Radcliffe, Kerkman, Benedict,
Mason, Gunderson, Black, Hebl, Brooks, Cullen, Berceau, Hubler,
Lothian, Krusick, Van Roy, Van Akkeren and Toles, cosponsored by Senators
Lehman, A. Lasee, Hansen, Olsen, Carpenter, Harsdorf, Cowles, Taylor,
Darling and Schultz. Referred to Committee on Transportation.
AB496,1,2
1An Act to create 346.89 (3) and 346.95 (11) of the statutes;
relating to:
2prohibiting electronic text messaging while driving and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving of a motor vehicle, 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 driving while composing or sending an
electronic text message. The prohibition does not apply to operators of authorized
emergency vehicles or to the use of a global positioning system device. Persons who
violate this prohibition may be required to forfeit not less than $100 nor more than
$400 for a first offense, and not less than $200 nor more than $800 for a second or
subsequent conviction within a year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB496, s. 1
3Section
1. 346.89 (3) of the statutes is created to read:
AB496,1,54
346.89
(3) (a) No person may drive, as defined in s. 343.305 (1) (b), any motor
5vehicle while composing or sending an electronic text message.
AB496,2,1
1(b) This subsection does not apply to any of the following:
AB496,2,22
1. The operator of an authorized emergency vehicle.
AB496,2,33
2. The use of a global positioning system device.
AB496, s. 2
4Section
2. 346.95 (11) of the statutes is created to read:
AB496,2,75
346.95
(11) Any person violating s. 346.89 (3) (a) may be required to forfeit not
6less than $100 nor more than $400 for the first offense and not less than $200 nor
7more than $800 for the 2nd or subsequent conviction within a year.
AB496,2,109
(1) This act takes effect on the first day of the 7th month beginning after
10publication.
