Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB830 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-5336/1
2	2	EVM:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 830
5	5	December 19, 2023 - Introduced by Senators JAMES, HESSELBEIN, AGARD, ROYS and
6	6	SPREITZER, cosponsored by Representatives KITCHENS, CONSIDINE, BEHNKE,
7	7	BINSFELD, CONLEY, DITTRICH, DUCHOW, JACOBSON, NOVAK, OHNSTAD,
8	8	ORTIZ-VELEZ, PLUMER and SINICKI. Referred to Committee on Judiciary and
9	9	Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 346.89 (4m); and to create 346.89 (4m) (a) 2.
12	12	and 346.89 (4m) (b) 1. of the statutes; relating to: use of cellular telephones in
13	13	school zones and providing a penalty.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law prohibits a person from driving a motor vehicle while using a
16	16	cellular phone in a highway construction zone, except to report an emergency or
17	17	certain hands-free use. A person who violates this provision may be required to
18	18	forfeit not less than $20 nor more than $40 for the first offense and not less than $50
19	19	nor more than $100 for the 2nd or subsequent conviction within a year. This bill
20	20	expands this prohibition to school zones during school hours or whenever a child is
21	21	present.
22	22	The people of the state of Wisconsin, represented in senate and assembly, do
23	23	enact as follows:
24	24	SECTION 1. 346.89 (4m) of the statutes is renumbered 346.89 (4m) (a) (intro.)
25	25	and amended to read:
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30	30	5 - 2 -2023 - 2024 Legislature LRB-5336/1
31	31	EVM:skw
32	32	SECTION 1 SENATE BILL 830
33	33	346.89 (4m) (a) (intro.) No person may drive, as defined in s. 343.305 (1) (b),
34	34	any motor vehicle while using a cellular or other wireless telephone, including using
35	35	the telephone for a purpose other than communication, where in any of the following:
36	36	1. Where persons engaged in work in a highway maintenance or construction
37	37	area, utility work area, or emergency or roadside response area are at risk from
38	38	traffic, except to report an emergency.
39	39	(b) This subsection does not apply to the any of the following:
40	40	2. The use of a voice-operated or hands-free device if the driver of the motor
41	41	vehicle does not use his or her hands to operate the device, except to activate or
42	42	deactivate a feature or function of the device.
43	43	SECTION 2. 346.89 (4m) (a) 2. of the statutes is created to read:
44	44	346.89 (4m) (a) 2. A zone designated by “school” warning signs, as provided in
45	45	s. 118.08 (1), at any of the following times:
46	46	a. During school hours.
47	47	b. Whenever a child is present.
48	48	SECTION 3. 346.89 (4m) (b) 1. of the statutes is created to read:
49	49	346.89 (4m) (b) 1. The use of a cellular or other wireless telephone to report an
50	50	emergency.
51	51	SECTION 4.0Initial applicability.
52	52	(1) This act first applies to violations committed on the effective date of this
53	53	subsection but does not preclude the counting of offenses as prior offenses for the
54	54	purposes of sentencing.
55	55	(END)
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