LRB-1161/2
EVM:wlj:wj
2015 - 2016 LEGISLATURE
May 5, 2015 - Introduced by Representatives Spiros, Berceau, Billings, E.
Brooks
, Edming, Kahl, Kessler, Krug, Kulp, T. Larson, Murphy, Ohnstad,
Petryk, Quinn, Spreitzer and Subeck, cosponsored by Senators Petrowski,
Bewley, Carpenter, Cowles, Gudex, Marklein and Olsen. Referred to
Committee on Transportation.
AB198,1,3 1An Act to amend 346.95 (1); and to create 346.89 (4m) of the statutes; relating
2to:
the use of a cellular or other wireless telephone while driving a motor vehicle
3in a construction zone and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving of a motor vehicle, which includes 1)
being engaged or occupied with an activity, other than driving the vehicle, that
interferes with the person's ability to drive the vehicle safely; 2) driving a motor
vehicle while composing or sending an electronic text message or an e-mail message,
subject to various exceptions; 3) a probationary license or instructional permit holder
driving a motor vehicle while using a cellular or other wireless telephone; and 4)
operating or being in a position to directly view an electronic device that provides
visual entertainment, subject to various exceptions. Any person convicted of the first
two forms of inattentive driving may be required to forfeit not less than $20 nor more
than $400, and any person convicted of the third or fourth forms of inattentive
driving 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.
This bill prohibits a person from driving a motor vehicle while using a cellular
or other wireless telephone in a construction zone, except to report an emergency.
The prohibition does not apply to the use of a voice-operated or hands-free device
if the person does not use his or her hands to operate the device, except to activate
or deactivate a feature or function of the device. The prohibition includes using the

telephone for a purpose other than communication. Persons who violate 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:
AB198,1 1Section 1. 346.89 (4m) of the statutes is created to read:
AB198,2,92 346.89 (4m) No person may drive, as defined in s. 343.305 (1) (b), any motor
3vehicle while using a cellular or other wireless telephone, including using the
4telephone for a purpose other than communication, where persons engaged in work
5in a highway maintenance or construction area or in a utility work area are at risk
6from traffic, except to report an emergency. This subsection does not apply to the use
7of a voice-operated or hands-free device if the driver of the motor vehicle does not
8use his or her hands to operate the device, except to activate or deactivate a feature
9or function of the device.
AB198,2 10Section 2. 346.95 (1) of the statutes is amended to read:
AB198,2,1411 346.95 (1) Any person violating s. 346.87, 346.88, 346.89 (4), (4m), or (5), 346.90
12to 346.92, or 346.94 (1), (9), (10), (11), (12), or (15) may be required to forfeit not less
13than $20 nor more than $40 for the first offense and not less than $50 nor more than
14$100 for the 2nd or subsequent conviction within a year.
AB198,3 15Section 3. Effective date.
AB198,2,1716 (1) This act takes effect on the first day of the 7th month beginning after
17publication.
AB198,2,1818 (End)
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