LRB-2861/2
ARG:jld:rs
2009 - 2010 LEGISLATURE
December 8, 2009 - Introduced by Representative Zepnick, cosponsored by
Senators Carpenter and Taylor. Referred to Committee on Transportation.
AB610,1,3
1An Act to amend 346.95 (1); and
to create 346.94 (21) of the statutes;
relating
2to: driving a motor vehicle while using a cellular telephone and providing a
3penalty.
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.
Under this bill, a person may not drive a motor vehicle, other than an
authorized emergency vehicle, on any highway while using a hand-held cellular
telephone, except to report an emergency. This prohibition applies regardless of
whether use of the cellular telephone interferes with operation of the vehicle, but
does not apply to hands-free cellular telephones. A person who violates 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:
AB610, s. 1
4Section
1. 346.94 (21) of the statutes is created to read:
AB610,2,3
1346.94
(21) Cellular telephones. No person may drive, as defined in s.
2343.305 (1) (b), a motor vehicle, other than an authorized emergency vehicle, on any
3highway while using a cellular telephone unless any of the following applies:
AB610,2,44
(a) The person is using the cellular telephone to report an emergency.
AB610,2,95
(b) The cellular telephone, or any accessory of the cellular telephone, allows the
6person to have a conversation without holding the cellular telephone and while the
7person's hands are free to drive the vehicle and the person does not in fact hold the
8cellular telephone while driving the vehicle except as necessary to initiate or
9terminate a call.
AB610, s. 2
10Section
2. 346.95 (1) of the statutes is amended to read:
AB610,2,1411
346.95
(1) Any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92
12or 346.94 (1), (9), (10), (11), (12)
or, (15)
, or (21) may be required to forfeit not less than
13$20 nor more than $40 for the first offense and not less than $50 nor more than $100
14for the 2nd or subsequent conviction within a year.
AB610,2,1716
(1) This act takes effect on the first day of the 4th month beginning after
17publication.
