LRB-5336/1
EVM:skw
2023 - 2024 LEGISLATURE
2023 SENATE BILL 830
December 19, 2023 - Introduced by Senators JAMES, HESSELBEIN, AGARD, ROYS and
SPREITZER, cosponsored by Representatives KITCHENS, CONSIDINE, BEHNKE,
BINSFELD, CONLEY, DITTRICH, DUCHOW, JACOBSON, NOVAK, OHNSTAD,
ORTIZ-VELEZ, PLUMER and SINICKI. Referred to Committee on Judiciary and
Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 346.89 (4m); and to create 346.89 (4m) (a) 2.
and 346.89 (4m) (b) 1. of the statutes; relating to: use of cellular telephones in
school zones and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from driving a motor vehicle while using a
cellular phone in a highway construction zone, except to report an emergency or
certain hands-free use. A person who violates this provision 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. This bill
expands this prohibition to school zones during school hours or whenever a child is
present.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 346.89 (4m) of the statutes is renumbered 346.89 (4m) (a) (intro.)
and amended to read:
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5 - 2 -2023 - 2024 Legislature LRB-5336/1
EVM:skw
SECTION 1 SENATE BILL 830
346.89 (4m) (a) (intro.) 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 in any of the following:
1. Where persons engaged in work in a highway maintenance or construction
area, utility work area, or emergency or roadside response area are at risk from
traffic, except to report an emergency.
(b) This subsection does not apply to the any of the following:
2. The use of a voice-operated or hands-free device if the driver of the motor
vehicle does not use his or her hands to operate the device, except to activate or
deactivate a feature or function of the device.
SECTION 2. 346.89 (4m) (a) 2. of the statutes is created to read:
346.89 (4m) (a) 2. A zone designated by “school” warning signs, as provided in
s. 118.08 (1), at any of the following times:
a. During school hours.
b. Whenever a child is present.
SECTION 3. 346.89 (4m) (b) 1. of the statutes is created to read:
346.89 (4m) (b) 1. The use of a cellular or other wireless telephone to report an
emergency.
SECTION 4.0Initial applicability.
(1) This act first applies to violations committed on the effective date of this
subsection but does not preclude the counting of offenses as prior offenses for the
purposes of sentencing.
(END)
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