LRB-1719/1
ARG:bjk:jf
2009 - 2010 LEGISLATURE
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February 27, 2009 - Introduced by Senators Carpenter, Risser, Lehman, Olsen,
Vinehout, Taylor
and Hansen, cosponsored by Representatives Kerkman,
Zepnick, Benedict, Townsend, Gunderson, Berceau, A. Ott, Pope-Roberts,
Smith, Spanbauer, Honadel, Molepske Jr.
and Ballweg. Referred to
Committee on Transportation, Tourism, Forestry, and Natural Resources.
SB91,1,3 1An Act to create 343.20 (1) (d) 3., 346.94 (20) and 346.95 (10) of the statutes;
2relating to: the use of cellular telephones and other devices while operating
3certain motor vehicles transporting children and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill generally prohibits a person operating a school bus or another vehicle
transporting pupils from using a cellular telephone or other wireless
telecommunications device while the school bus or other vehicle is on the roadway
or loading or unloading passengers. This prohibition does not apply if a cellular
telephone, or a wireless telecommunications device capable of real-time voice
communications, is used to make an emergency "911" telephone call or communicate
with specified emergency responders or service providers regarding an emergency
situation. A person who violates this prohibition must forfeit $200 for the first
offense and $500 for each subsequent offense occurring within two years. In
addition, for the second or subsequent offense within two years, the Department of
Transportation must cancel the "S" endorsement, authorizing the operation of school
buses, to the person's operator's license and the person may not reinstate the "S"
endorsement to his or her operator's license for six months.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB91, s. 1
1Section 1. 343.20 (1) (d) 3. of the statutes is created to read:
SB91,2,122 343.20 (1) (d) 3. The department shall cancel an operator's license that is
3endorsed for the operation of school buses under s. 343.12, regardless of the license
4expiration date, upon receiving a record of conviction showing that the person has
5been convicted of a violation of s. 346.94 (20) or a local ordinance in conformity with
6s. 346.94 (20), if the person was previously convicted of a violation of s. 346.94 (20)
7or a local ordinance in conformity with s. 346.94 (20) within the immediately
8preceding 2 years. Upon cancellation of an operator's license under this subdivision,
9the person may obtain from the department, without charge, an operator's license
10that is not endorsed for the operation of school buses and, after 6 months from the
11date of the license cancellation, may apply for reinstatement of the endorsement
12authorizing the operation of school buses.
SB91, s. 2 13Section 2. 346.94 (20) of the statutes is created to read:
SB91,2,1514 346.94 (20) Use of cellular telephones and other devices while operating
15certain vehicles transporting children.
(a) In this subsection:
SB91,2,1916 1. "Alternative pupil transport vehicle" means a motor vehicle used to provide
17pupil transportation services and that is being operated as an alternative method of
18transportation under s. 121.555 (1) or is a motor bus being operated for purposes of
19transporting pupils to or from curricular or extracurricular activities.
SB91,2,2020 2. "Operate" has the meaning given in s. 343.305 (1) (c).
SB91,3,221 3. "Wireless telecommunications device" means any personal digital assistant
22or other device while being used by the device's operator to transmit verbal
23communications, electronic mail, text messages, or any other electronic
24communication to one or more persons not physically present with the device's

1operator, but does not include any 2-way radio or citizens band radio or any global
2positioning system device installed in or on a vehicle.
SB91,3,63 (b) 1. Except as provided in subd. 2., no person may operate a school bus or
4alternative pupil transport vehicle on the roadway of a highway, or load or unload
5passengers onto or from a school bus or alternative pupil transport vehicle, while
6using a cellular telephone or other wireless telecommunications device.
SB91,3,127 2. Subdivision 1. does not apply to the use of a cellular telephone, or of any
8wireless telecommunications device capable of real-time voice communications, to
9make an emergency "911" telephone call or communicate with an emergency system
10response operator, police department, fire department, ambulance or emergency
11medical technician service, or hospital or emergency care facility regarding an
12emergency situation.
SB91, s. 3 13Section 3. 346.95 (10) of the statutes is created to read:
SB91,3,1514 346.95 (10) Any person violating s. 346.94 (20) shall forfeit $200 for the first
15offense and $500 for each subsequent offense occurring within 2 years.
SB91, s. 4 16Section 4. Effective date.
SB91,3,1817 (1) This act takes effect on the first day of the 3rd month beginning after
18publication.
SB91,3,1919 (End)
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