Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB460 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	Date of enactment: March 21, 2024
2		-	2023 Senate Bill 460 Date of publication*: March 22, 2024
3		-	2023 WISCONSIN ACT 159
4		-	AN ACT to amend 346.17 (5) (a), 346.17 (5) (b), 346.22 (1) (b) 1., 346.22 (1) (b) 2., 346.43 (1) (b) 3. a., 346.43 (1)
5		-	(b) 3. b., 346.49 (1) (c) 1., 346.49 (1) (c) 2., 346.57 (3), 346.60 (3m) (a) 1., 346.60 (3m) (a) 2., 346.65 (5m) (a), 346.65
6		-	(5m) (b) and 346.89 (4m); and to create 340.01 (47e) of the statutes; relating to: traffic violations when railroad
7		-	workers are present and providing a penalty.
8		-	The people of the state of Wisconsin, represented in
9		-	senate and assembly, do enact as follows:
10		-	SECTION 1. 340.01 (47e) of the statutes is created to
11		-	read:
12		-	340.01 (47e) “Railroad maintenance or construction
13		-	area” means any of the following:
14		-	(a) The entire section of roadway between the first
15		-	advance warning sign of railroad maintenance or con-
16		-	struction work and a sign indicating the end of the area.
17		-	(b) The entire section of roadway within 500 feet of
18		-	a railroad employee using flags to signal the presence of
19		-	a railroad train or other railroad vehicle or railroad
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 460
	5	+	September 29, 2023 - Introduced by Senators COWLES, FEYEN and TAYLOR,
	6	+	cosponsored by Representatives SPIROS, DONOVAN, MOSES, MURSAU, OHNSTAD,
	7	+	PENTERMAN and SHANKLAND. Referred to Committee on Judiciary and Public
	8	+	Safety.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to amend 346.17 (5) (a), 346.17 (5) (b), 346.22 (1) (b) 1., 346.22 (1) (b) 2.,
	11	+	346.43 (1) (b) 3. a., 346.43 (1) (b) 3. b., 346.49 (1) (c) 1., 346.49 (1) (c) 2., 346.57
	12	+	(3), 346.60 (3m) (a) 1., 346.60 (3m) (a) 2., 346.65 (5m) (a), 346.65 (5m) (b) and
	13	+	346.89 (4m); and to create 340.01 (47e) of the statutes; relating to: traffic
	14	+	violations when railroad workers are present and providing a penalty.
	15	+	Analysis by the Legislative Reference Bureau
	16	+	This bill increases the penalties for certain traffic violations that are committed
	17	+	where workers are present in a railroad construction or maintenance area and are
	18	+	at risk from traffic.
	19	+	Under current law, the amount of any applicable minimum and maximum fine
	20	+	or forfeiture is doubled for specified traffic violations committed where persons
	21	+	working in a highway maintenance or construction area, utility area, or emergency
	22	+	or roadside response area are at risk from traffic. These traffic violations include
	23	+	failing to follow certain traffic signs and signals, failing to follow certain orders of
	24	+	traffic officers, exceeding certain maximum speed limits, and driving recklessly. In
	25	+	addition, if the violation results in an injury to another, the operator may be fined
	26	+	not more than $10,000 or imprisoned not more than nine months, or both. The bill
	27	+	expands these provisions to apply to violations committed in a railroad construction
	28	+	or maintenance area.
	29	+	Current law prohibits inattentive driving of a motor vehicle in general and
	30	+	specifically prohibits the use of a wireless telephone while driving a motor vehicle
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	37	+	SENATE BILL 460
	38	+	where persons are engaged in work in a highway maintenance or construction area,
	39	+	utility work area, or emergency or roadside response area. The bill expands this
	40	+	prohibition to apply to railroad construction or maintenance areas where workers
	41	+	are present.
	42	+	Because this bill creates a new crime or revises a penalty for an existing crime,
	43	+	the Joint Review Committee on Criminal Penalties may be requested to prepare a
	44	+	report.
	45	+	The people of the state of Wisconsin, represented in senate and assembly, do
	46	+	enact as follows:
	47	+	SECTION 1. 340.01 (47e) of the statutes is created to read:
	48	+	340.01 (47e) “Railroad maintenance or construction area” means any of the
	49	+	following:
	50	+	(a) The entire section of roadway between the first advance warning sign of
	51	+	railroad maintenance or construction work and a sign indicating the end of the area.
	52	+	(b) The entire section of roadway within 500 feet of a railroad employee using
	53	+	flags to signal the presence of a railroad train or other railroad vehicle or railroad
20	54		employees.
21		-	(c) In the case of a moving vehicle engaged in rail-
22		-	road maintenance or construction work, that section of
23		-	roadway where the normal flow of traffic is first altered
24		-	by the vehicle until that section of roadway where traffic
25		-	may return to its normal flow without impeding such
26		-	work.
27		-	SECTION 2. 346.17 (5) (a) of the statutes is amended
28		-	to read:
29		-	346.17 (5) (a) Except as provided in par. (b), if an
30		-	operator of a vehicle violates s. 346.04 (1) or (2) where
31		-	persons engaged in work in a highway maintenance or
32		-	construction area, railroad maintenance or construction
33		-	area, utility work area, or emergency or roadside
34		-	response area are at risk from traffic, any applicable mini-
35		-	mum and maximum forfeiture specified in sub. (1) for the
36		-	violation shall be doubled.
37		-	SECTION 3. 346.17 (5) (b) of the statutes is amended
38		-	to read:
39		-	346.17 (5) (b) If an operator of a vehicle violates s.
40		-	346.04 (1) or (2) where persons engaged in work in a
41		-	highway maintenance or construction area, railroad
42		-	maintenance or construction area, utility work area, or
43		-	emergency or roadside response area are at risk from traf-
44		-	fic and the violation results in bodily harm, as defined in
45		-	s. 939.22 (4), to another, the operator may be fined not
46		-	more than $10,000 or imprisoned for not more than 9
47		-	months, or both. In addition to the penalties specified
48		-	under this paragraph, a court may also order a person con-
49		-	victed under this paragraph to perform not fewer than 100
50		-	nor more than 200 hours of community service work and
51		-	attend traffic safety school, as provided under s. 345.60.
52		-	SECTION 4. 346.22 (1) (b) 1. of the statutes is
53		-	amended to read:
54		-	346.22 (1) (b) 1. Except as provided in subd. 2., if an
55		-	operator of a vehicle violates s. 346.18 (6) where persons
56		-	engaged in work in a highway maintenance or construc-
57		-	tion area, railroad maintenance or construction area, util-
58		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 159 2023 Senate Bill 460
60		-	ity work area, or emergency or roadside response area are
61		-	at risk from traffic, any applicable minimum and maxi-
62		-	mum forfeiture specified in par. (a), (c), (d), or (e) for the
63		-	violation shall be doubled.
64		-	SECTION 5. 346.22 (1) (b) 2. of the statutes is
65		-	amended to read:
66		-	346.22 (1) (b) 2. If an operator of a vehicle violates
67		-	s. 346.18 (6) where persons engaged in work in a high-
68		-	way maintenance or construction area, railroad mainte-
69		-	nance or construction area, utility work area, or emer-
70		-	gency or roadside response area are at risk from traffic
71		-	and the violation results in bodily harm, as defined in s.
72		-	939.22 (4), to another, the operator may be fined not more
73		-	than $10,000 or imprisoned for not more than 9 months,
74		-	or both. In addition to the penalties specified under this
75		-	subdivision, a court may also order a person convicted
76		-	under this subdivision to perform not fewer than 100 nor
77		-	more than 200 hours of community service work and
78		-	attend traffic safety school, as provided under s. 345.60.
79		-	SECTION 6. 346.43 (1) (b) 3. a. of the statutes is
80		-	amended to read:
81		-	346.43 (1) (b) 3. a. Except as provided in subd. 3. b.,
82		-	if an operator of a vehicle violates s. 346.37 or 346.39
83		-	where persons engaged in work in a highway mainte-
84		-	nance or construction area, railroad maintenance or con-
85		-	struction area, utility work area, or emergency or road-
86		-	side response area are at risk from traffic, any applicable
87		-	minimum and maximum forfeiture specified in subd. 1.
88		-	for the violation shall be doubled.
89		-	SECTION 7. 346.43 (1) (b) 3. b. of the statutes is
90		-	amended to read:
91		-	346.43 (1) (b) 3. b. If an operator of a vehicle violates
92		-	s. 346.37 or 346.39 where persons engaged in work in a
93		-	highway maintenance or construction area, railroad
94		-	maintenance or construction area, utility work area, or
95		-	emergency or roadside response area are at risk from traf-
96		-	fic and the violation results in bodily harm, as defined in
97		-	s. 939.22 (4), to another, the operator may be fined not
98		-	more than $10,000 or imprisoned for not more than 9
99		-	months, or both. In addition to the penalties specified
100		-	under this subd. 3. b., a court may also order a person con-
101		-	victed under this subd. 3. b. to perform not fewer than 100
102		-	nor more than 200 hours of community service work and
103		-	attend traffic safety school, as provided under s. 345.60.
104		-	SECTION 8. 346.49 (1) (c) 1. of the statutes is
105		-	amended to read:
106		-	346.49 (1) (c) 1. Except as provided in subd. 2., if an
107		-	operator of a vehicle violates s. 346.46 (1) where persons
108		-	engaged in work in a highway maintenance or construc-
109		-	tion area, railroad maintenance or construction area, util-
110		-	ity work area, or emergency or roadside response area are
111		-	at risk from traffic, any applicable minimum and maxi-
112		-	mum forfeiture specified in par. (a) for the violation shall
113		-	be doubled.
114		-	SECTION 9. 346.49 (1) (c) 2. of the statutes is
115		-	amended to read:
116		-	346.49 (1) (c) 2. If an operator of a vehicle violates
117		-	s. 346.46 (1) where persons engaged in work in a high-
118		-	way maintenance or construction area, railroad mainte-
119		-	nance or construction area, utility work area, or emer-
120		-	gency or roadside response area are at risk from traffic
121		-	and the violation results in bodily harm, as defined in s.
122		-	939.22 (4), to another, the operator may be fined not more
123		-	than $10,000 or imprisoned for not more than 9 months,
124		-	or both. In addition to the penalties specified under this
125		-	subdivision, a court may also order a person convicted
126		-	under this subdivision to perform not fewer than 100 nor
127		-	more than 200 hours of community service work and
128		-	attend traffic safety school, as provided under s. 345.60.
129		-	SECTION 10. 346.57 (3) of the statutes is amended to
130		-	read:
131		-	346.57 (3) CONDITIONS REQUIRING REDUCED SPEED.
132		-	The operator of every vehicle shall, consistent with the
133		-	requirements of sub. (2), drive at an appropriate reduced
134		-	speed when approaching and crossing an intersection or
135		-	railway grade crossing, when approaching and going
136		-	around a curve, when approaching a hillcrest, when trav-
137		-	eling upon any narrow or winding roadway, when pass-
138		-	ing school children, highway construction or mainte-
139		-	nance workers, railroad construction or maintenance
140		-	workers, sanitation workers, or other pedestrians, and
141		-	when special hazard exists with regard to other traffic or
142		-	by reason of weather or highway conditions.
143		-	SECTION 11. 346.60 (3m) (a) 1. of the statutes is
144		-	amended to read:
145		-	346.60 (3m) (a) 1. Except as provided in subd. 2., if
146		-	an operator of a vehicle violates s. 346.57 (2), (3), (4) (d)
147		-	to (h), or (5) where persons engaged in work in a highway
148		-	maintenance or construction area, railroad maintenance
149		-	or construction area, utility work area, or emergency or
150		-	roadside response area are at risk from traffic or where
151		-	sanitation workers are at risk from traffic and the operator
152		-	knows or should know that sanitation workers are
153		-	present, any applicable minimum and maximum forfei-
154		-	ture specified in sub. (2) or (3) for the violation shall be
	55	+	(c) In the case of a moving vehicle engaged in railroad maintenance or
	56	+	construction work, that section of roadway where the normal flow of traffic is first
	57	+	altered by the vehicle until that section of roadway where traffic may return to its
	58	+	normal flow without impeding such work.
	59	+	SECTION 2. 346.17 (5) (a) of the statutes is amended to read:
	60	+	346.17 (5) (a) Except as provided in par. (b), if an operator of a vehicle violates
	61	+	s. 346.04 (1) or (2) where persons engaged in work in a highway maintenance or
	62	+	construction area, railroad maintenance or construction area, utility work area, or
	63	+	emergency or roadside response area are at risk from traffic, any applicable
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	85	+	minimum and maximum forfeiture specified in sub. (1) for the violation shall be
155	86		doubled.
156		-	SECTION 12. 346.60 (3m) (a) 2. of the statutes is
157		-	amended to read:
158		-	346.60 (3m) (a) 2. If an operator of a vehicle violates
159		-	s. 346.57 (2), (3), (4) (d) to (h), or (5) where persons
160		-	engaged in work in a highway maintenance or construc-
161		-	tion area, railroad maintenance or construction area, util-
162		-	ity work area, or emergency or roadside response area are
163		-	at risk from traffic and the violation results in bodily
164		-	harm, as defined in s. 939.22 (4), to another, the operator
165		-	may be fined not more than $10,000 or imprisoned for not
166		-	more than 9 months, or both. In addition to the penalties
167		-	specified under this subdivision, a court may also order
168		-	a person convicted under this subdivision to perform not
169		-	fewer than 100 nor more than 200 hours of community
170		-	service work and attend traffic safety school, as provided
171		-	under s. 345.60. − 3 − 2023 Wisconsin Act 159 2023 Senate Bill 460
172		-	SECTION 13. 346.65 (5m) (a) of the statutes is
173		-	amended to read:
174		-	346.65 (5m) (a) Except as provided in par. (b), if an
175		-	operator of a vehicle violates s. 346.62 (2) to (4) where
176		-	persons engaged in work in a highway maintenance or
177		-	construction area, railroad maintenance or construction
178		-	area, utility work area, or emergency or roadside
179		-	response area are at risk from traffic or where sanitation
180		-	workers are at risk from traffic and the operator knows or
181		-	should know that sanitation workers are present, any
182		-	applicable minimum and maximum forfeiture or fine
183		-	specified in sub. (1), (3), (4m), or (5) for the violation
	87	+	SECTION 3. 346.17 (5) (b) of the statutes is amended to read:
	88	+	346.17 (5) (b) If an operator of a vehicle violates s. 346.04 (1) or (2) where
	89	+	persons engaged in work in a highway maintenance or construction area, railroad
	90	+	maintenance or construction area, utility work area, or emergency or roadside
	91	+	response area are at risk from traffic and the violation results in bodily harm, as
	92	+	defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
	93	+	or imprisoned for not more than 9 months, or both. In addition to the penalties
	94	+	specified under this paragraph, a court may also order a person convicted under this
	95	+	paragraph to perform not fewer than 100 nor more than 200 hours of community
	96	+	service work and attend traffic safety school, as provided under s. 345.60.
	97	+	SECTION 4. 346.22 (1) (b) 1. of the statutes is amended to read:
	98	+	346.22 (1) (b) 1. Except as provided in subd. 2., if an operator of a vehicle
	99	+	violates s. 346.18 (6) where persons engaged in work in a highway maintenance or
	100	+	construction area, railroad maintenance or construction area, utility work area, or
	101	+	emergency or roadside response area are at risk from traffic, any applicable
	102	+	minimum and maximum forfeiture specified in par. (a), (c), (d), or (e) for the violation
184	103		shall be doubled.
185		-	SECTION 14. 346.65 (5m) (b) of the statutes is
186		-	amended to read:
187		-	346.65 (5m) (b) If an operator of a vehicle violates
188		-	s. 346.62 (2) to (3) where persons engaged in work in a
189		-	highway maintenance or construction area, railroad
190		-	maintenance or construction area, utility work area, or
191		-	emergency or roadside response area are at risk from traf-
192		-	fic and the violation results in bodily harm, as defined in
193		-	s. 939.22 (4), to another, the operator may be fined not
194		-	more than $10,000 or imprisoned for not more than 9
195		-	months, or both. In addition to the penalties specified
196		-	under this paragraph, a court may also order a person con-
197		-	victed under this paragraph to perform not fewer than 100
198		-	nor more than 200 hours of community service work and
199		-	attend traffic safety school, as provided under s. 345.60.
200		-	SECTION 15. 346.89 (4m) of the statutes is amended
201		-	to read:
202		-	346.89 (4m) No person may drive, as defined in s.
203		-	343.305 (1) (b), any motor vehicle while using a cellular
204		-	or other wireless telephone, including using the tele-
205		-	phone for a purpose other than communication, where
206		-	persons engaged in work in a highway maintenance or
207		-	construction area, railroad maintenance or construction
208		-	area, utility work area, or emergency or roadside
209		-	response area are at risk from traffic, except to report an
210		-	emergency. This subsection does not apply to the use of
211		-	a voice−operated or hands−free device if the driver of the
212		-	motor vehicle does not use his or her hands to operate the
213		-	device, except to activate or deactivate a feature or func-
214		-	tion of the device.
	104	+	SECTION 5. 346.22 (1) (b) 2. of the statutes is amended to read:
	105	+	346.22 (1) (b) 2. If an operator of a vehicle violates s. 346.18 (6) where persons
	106	+	engaged in work in a highway maintenance or construction area, railroad
	107	+	maintenance or construction area, utility work area, or emergency or roadside
	108	+	response area are at risk from traffic and the violation results in bodily harm, as
	109	+	defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
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	137	+	or imprisoned for not more than 9 months, or both. In addition to the penalties
	138	+	specified under this subdivision, a court may also order a person convicted under this
	139	+	subdivision to perform not fewer than 100 nor more than 200 hours of community
	140	+	service work and attend traffic safety school, as provided under s. 345.60.
	141	+	SECTION 6. 346.43 (1) (b) 3. a. of the statutes is amended to read:
	142	+	346.43 (1) (b) 3. a. Except as provided in subd. 3. b., if an operator of a vehicle
	143	+	violates s. 346.37 or 346.39 where persons engaged in work in a highway
	144	+	maintenance or construction area, railroad maintenance or construction area, utility
	145	+	work area, or emergency or roadside response area are at risk from traffic, any
	146	+	applicable minimum and maximum forfeiture specified in subd. 1. for the violation
	147	+	shall be doubled.
	148	+	SECTION 7. 346.43 (1) (b) 3. b. of the statutes is amended to read:
	149	+	346.43 (1) (b) 3. b. If an operator of a vehicle violates s. 346.37 or 346.39 where
	150	+	persons engaged in work in a highway maintenance or construction area, railroad
	151	+	maintenance or construction area, utility work area, or emergency or roadside
	152	+	response area are at risk from traffic and the violation results in bodily harm, as
	153	+	defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
	154	+	or imprisoned for not more than 9 months, or both. In addition to the penalties
	155	+	specified under this subd. 3. b., a court may also order a person convicted under this
	156	+	subd. 3. b. to perform not fewer than 100 nor more than 200 hours of community
	157	+	service work and attend traffic safety school, as provided under s. 345.60.
	158	+	SECTION 8. 346.49 (1) (c) 1. of the statutes is amended to read:
	159	+	346.49 (1) (c) 1. Except as provided in subd. 2., if an operator of a vehicle
	160	+	violates s. 346.46 (1) where persons engaged in work in a highway maintenance or
	161	+	construction area, railroad maintenance or construction area, utility work area, or
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	191	+	emergency or roadside response area are at risk from traffic, any applicable
	192	+	minimum and maximum forfeiture specified in par. (a) for the violation shall be
	193	+	doubled.
	194	+	SECTION 9. 346.49 (1) (c) 2. of the statutes is amended to read:
	195	+	346.49 (1) (c) 2. If an operator of a vehicle violates s. 346.46 (1) where persons
	196	+	engaged in work in a highway maintenance or construction area, railroad
	197	+	maintenance or construction area, utility work area, or emergency or roadside
	198	+	response area are at risk from traffic and the violation results in bodily harm, as
	199	+	defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
	200	+	or imprisoned for not more than 9 months, or both. In addition to the penalties
	201	+	specified under this subdivision, a court may also order a person convicted under this
	202	+	subdivision to perform not fewer than 100 nor more than 200 hours of community
	203	+	service work and attend traffic safety school, as provided under s. 345.60.
	204	+	SECTION 10. 346.57 (3) of the statutes is amended to read:
	205	+	346.57 (3) CONDITIONS REQUIRING REDUCED SPEED. The operator of every vehicle
	206	+	shall, consistent with the requirements of sub. (2), drive at an appropriate reduced
	207	+	speed when approaching and crossing an intersection or railway grade crossing,
	208	+	when approaching and going around a curve, when approaching a hillcrest, when
	209	+	traveling upon any narrow or winding roadway, when passing school children,
	210	+	highway construction or maintenance workers, railroad construction or
	211	+	maintenance workers, sanitation workers, or other pedestrians, and when special
	212	+	hazard exists with regard to other traffic or by reason of weather or highway
	213	+	conditions.
	214	+	SECTION 11. 346.60 (3m) (a) 1. of the statutes is amended to read:
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	238	+	24 - 6 -2023 - 2024 Legislature LRB-3948/1
	239	+	ZDW:klm&cjs
	240	+	SECTION 11 SENATE BILL 460
	241	+	346.60 (3m) (a) 1. Except as provided in subd. 2., if an operator of a vehicle
	242	+	violates s. 346.57 (2), (3), (4) (d) to (h), or (5) where persons engaged in work in a
	243	+	highway maintenance or construction area, railroad maintenance or construction
	244	+	area, utility work area, or emergency or roadside response area are at risk from
	245	+	traffic or where sanitation workers are at risk from traffic and the operator knows
	246	+	or should know that sanitation workers are present, any applicable minimum and
	247	+	maximum forfeiture specified in sub. (2) or (3) for the violation shall be doubled.
	248	+	SECTION 12. 346.60 (3m) (a) 2. of the statutes is amended to read:
	249	+	346.60 (3m) (a) 2. If an operator of a vehicle violates s. 346.57 (2), (3), (4) (d)
	250	+	to (h), or (5) where persons engaged in work in a highway maintenance or
	251	+	construction area, railroad maintenance or construction area, utility work area, or
	252	+	emergency or roadside response area are at risk from traffic and the violation results
	253	+	in bodily harm, as defined in s. 939.22 (4), to another, the operator may be fined not
	254	+	more than $10,000 or imprisoned for not more than 9 months, or both. In addition
	255	+	to the penalties specified under this subdivision, a court may also order a person
	256	+	convicted under this subdivision to perform not fewer than 100 nor more than 200
	257	+	hours of community service work and attend traffic safety school, as provided under
	258	+	s. 345.60.
	259	+	SECTION 13. 346.65 (5m) (a) of the statutes is amended to read:
	260	+	346.65 (5m) (a) Except as provided in par. (b), if an operator of a vehicle violates
	261	+	s. 346.62 (2) to (4) where persons engaged in work in a highway maintenance or
	262	+	construction area, railroad maintenance or construction area, utility work area, or
	263	+	emergency or roadside response area are at risk from traffic or where sanitation
	264	+	workers are at risk from traffic and the operator knows or should know that
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	288	+	24 - 7 -2023 - 2024 Legislature
	289	+	LRB-3948/1
	290	+	ZDW:klm&cjs
	291	+	SECTION 13
	292	+	SENATE BILL 460
	293	+	sanitation workers are present, any applicable minimum and maximum forfeiture
	294	+	or fine specified in sub. (1), (3), (4m), or (5) for the violation shall be doubled.
	295	+	SECTION 14. 346.65 (5m) (b) of the statutes is amended to read:
	296	+	346.65 (5m) (b) If an operator of a vehicle violates s. 346.62 (2) to (3) where
	297	+	persons engaged in work in a highway maintenance or construction area, railroad
	298	+	maintenance or construction area, utility work area, or emergency or roadside
	299	+	response area are at risk from traffic and the violation results in bodily harm, as
	300	+	defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
	301	+	or imprisoned for not more than 9 months, or both. In addition to the penalties
	302	+	specified under this paragraph, a court may also order a person convicted under this
	303	+	paragraph to perform not fewer than 100 nor more than 200 hours of community
	304	+	service work and attend traffic safety school, as provided under s. 345.60.
	305	+	SECTION 15. 346.89 (4m) of the statutes is amended to read:
	306	+	346.89 (4m) No person may drive, as defined in s. 343.305 (1) (b), any motor
	307	+	vehicle while using a cellular or other wireless telephone, including using the
	308	+	telephone for a purpose other than communication, where persons engaged in work
	309	+	in a highway maintenance or construction area, railroad maintenance or
	310	+	construction area, utility work area, or emergency or roadside response area are at
	311	+	risk from traffic, except to report an emergency. This subsection does not apply to
	312	+	the use of a voice-operated or hands-free device if the driver of the motor vehicle does
	313	+	not use his or her hands to operate the device, except to activate or deactivate a
	314	+	feature or function of the device.
	315	+	(END)
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