January 16, 2020 - Introduced by Representatives Shankland, Loudenbeck,
Spiros, Anderson, Bowen, Considine, Dittrich, Emerson, Fields, Hebl,
James, Kitchens, Kulp, Milroy, Mursau, Novak, Plumer, Sinicki, Subeck,
Tusler and Vruwink, cosponsored by Senators Testin, Carpenter, Bewley,
Marklein, Olsen, Schachtner and Larson. Referred to Committee on
Criminal Justice and Public Safety.
AB746,1,7 1An Act to renumber and amend 346.17 (5), 346.22 (1) (b), 346.43 (1) (b) 3.,
2346.49 (1) (c), 346.60 (3m) (a), 346.65 (5m) and 349.11 (10); to amend 346.43
3(4) (a), 346.43 (4) (b), 346.49 (5) (a), 346.49 (5) (b), 346.89 (4m) and 349.06 (3);
4and to create 340.01 (15pu), 346.17 (5) (b), 346.22 (1) (b) 2., 346.43 (1) (b) 3. b.,
5346.49 (1) (c) 2., 346.60 (3m) (a) 2., 346.65 (5m) (b) and 349.11 (10) (b) of the
6statutes; relating to: traffic violations when emergency or roadside response
7vehicles are present and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill increases the penalties for certain traffic violations that are committed
where an authorized emergency vehicle or tow truck giving a visible signal is present
and law enforcement officers, fire fighters, or emergency medical personnel or tow
truck operators are at risk from traffic (emergency or roadside response area).
Under current law, the amount of any applicable minimum and maximum fine
or forfeiture is doubled for specified traffic violations committed where persons
working in a highway maintenance or construction area or utility area are at risk
from traffic. These traffic violations include failing to follow certain traffic signs and
signals, failing to follow certain orders of traffic officers, exceeding certain maximum
speed limits, and driving recklessly. Under the bill, the minimum and maximum fine
or forfeiture for these covered violations is also doubled when committed in an

emergency or roadside response area. Also under the bill, if an operator commits one
of the covered violations in a highway maintenance or construction area, utility work
area, or emergency or roadside response area and the violation results in an injury
to another, the operator may be fined not more than $10,000 or imprisoned not more
than nine months, or both.
Current law prohibits inattentive driving of a motor vehicle in general and in
several specific manners. Among the specific prohibitions is a prohibition of using
a wireless telephone while driving a motor vehicle in a construction zone. A person
who violates this particular prohibition 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 second or subsequent conviction within a year.
The bill specifically prohibits using a wireless telephone while driving a motor
vehicle in an emergency or roadside response area. The penalty for a violation of this
prohibition is the same as is provided for the offense described above.
Also under current law, local authorities may post temporary reduced speed
limits on highways under construction or repair. The bill allows law enforcement
officers, fire fighters, or emergency medical responders to post temporary reduced
speed limits in response to an emergency.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB746,1 1Section 1 . 340.01 (15pu) of the statutes is created to read:
AB746,2,62 340.01 (15pu) “Emergency or roadside response area” means the section of
3roadway where an authorized emergency vehicle giving a visible signal or tow truck
4flashing red lamps, as required by s. 347.26 (6) (b), is present and law enforcement
5officers, fire fighters, or emergency medical personnel or tow truck operators are at
6risk from traffic.
AB746,2 7Section 2 . 346.17 (5) of the statutes is renumbered 346.17 (5) (a) and amended
8to read:
AB746,3,39 346.17 (5) (a) If Except as provided in par. (b), if an operator of a vehicle violates
10s. 346.04 (1) or (2) where persons engaged in work in a highway maintenance or

1construction area or in a , utility work area, or emergency or roadside response area
2are at risk from traffic, any applicable minimum and maximum forfeiture specified
3in sub. (1) for the violation shall be doubled.
AB746,3 4Section 3 . 346.17 (5) (b) of the statutes is created to read:
AB746,3,135 346.17 (5) (b) If an operator of a vehicle violates s. 346.04 (1) or (2) where
6persons engaged in work in a highway maintenance or construction area, utility
7work area, or emergency or roadside response area are at risk from traffic and the
8violation results in bodily harm, as defined in s. 939.22 (4), to another, the operator
9may be fined not more than $10,000 or imprisoned for not more than 9 months, or
10both. In addition to the penalties specified under this paragraph, a court may also
11order a person convicted under this paragraph to perform not fewer than 100 nor
12more than 200 hours of community service work and attend traffic safety school, as
13provided under s. 345.60.
AB746,4 14Section 4 . 346.22 (1) (b) of the statutes is renumbered 346.22 (1) (b) 1. and
15amended to read:
AB746,3,2016 346.22 (1) (b) 1. If Except as provided in subd. 2., if an operator of a vehicle
17violates s. 346.18 (6) where persons engaged in work in a highway maintenance or
18construction area or in a , utility work area, or emergency or roadside response area
19are at risk from traffic, any applicable minimum and maximum forfeiture specified
20in par. (a), (c), (d), or (e) for the violation shall be doubled.
AB746,5 21Section 5 . 346.22 (1) (b) 2. of the statutes is created to read:
AB746,4,522 346.22 (1) (b) 2. If an operator of a vehicle violates s. 346.18 (6) where persons
23engaged in work in a highway maintenance or construction area, utility work area,
24or emergency or roadside response area are at risk from traffic and the violation
25results in bodily harm, as defined in s. 939.22 (4), to another, the operator may be

1fined not more than $10,000 or imprisoned for not more than 9 months, or both. In
2addition to the penalties specified under this subdivision, a court may also order a
3person convicted under this subdivision to perform not fewer than 100 nor more than
4200 hours of community service work and attend traffic safety school, as provided
5under s. 345.60.
AB746,6 6Section 6 . 346.43 (1) (b) 3. of the statutes is renumbered 346.43 (1) (b) 3. a. and
7amended to read:
AB746,4,128 346.43 (1) (b) 3. a. If Except as provided in subd. 3. b., if an operator of a vehicle
9violates s. 346.37 or 346.39 where persons engaged in work in a highway
10maintenance or construction area or in a , utility work area, or emergency or roadside
11response area
are at risk from traffic, any applicable minimum and maximum
12forfeiture specified in subd. 1. for the violation shall be doubled.
AB746,7 13Section 7 . 346.43 (1) (b) 3. b. of the statutes is created to read:
AB746,4,2214 346.43 (1) (b) 3. b. If an operator of a vehicle violates s. 346.37 or 346.39 where
15persons engaged in work in a highway maintenance or construction area, utility
16work area, or emergency or roadside response area are at risk from traffic and the
17violation results in bodily harm, as defined in s. 939.22 (4), to another, the operator
18may be fined not more than $10,000 or imprisoned for not more than 9 months, or
19both. In addition to the penalties specified under this subd. 3. b., a court may also
20order a person convicted under this subd. 3. b. to perform not fewer than 100 nor more
21than 200 hours of community service work and attend traffic safety school, as
22provided under s. 345.60.
AB746,8 23Section 8 . 346.43 (4) (a) of the statutes is amended to read:
AB746,5,3
1346.43 (4) (a) If Except as provided in sub. (1) (b) 3. b., if a person violates s.
2346.37 (1) (a) 1., (c) 3., or (d) 1. or 346.39 (1) and the violation results in great bodily
3harm, as defined in s. 939.22 (14), to another, the person shall forfeit $500.
AB746,9 4Section 9 . 346.43 (4) (b) of the statutes is amended to read:
AB746,5,75 346.43 (4) (b) If Except as provided in sub. (1) (b) 3. b., if a person violates s.
6346.37 (1) (a) 1., (c) 3., or (d) 1. or 346.39 (1) and the violation results in death to
7another, the person shall forfeit $1,000.
AB746,10 8Section 10 . 346.49 (1) (c) of the statutes is renumbered 346.49 (1) (c) 1. and
9amended to read:
AB746,5,1410 346.49 (1) (c) 1. If Except as provided in subd. 2., if an operator of a vehicle
11violates s. 346.46 (1) where persons engaged in work in a highway maintenance or
12construction area or in a , utility work area, or emergency or roadside response area
13are at risk from traffic, any applicable minimum and maximum forfeiture specified
14in par. (a) for the violation shall be doubled.
AB746,11 15Section 11 . 346.49 (1) (c) 2. of the statutes is created to read:
AB746,5,2416 346.49 (1) (c) 2. If an operator of a vehicle violates s. 346.46 (1) where persons
17engaged in work in a highway maintenance or construction area, utility work area,
18or emergency or roadside response area are at risk from traffic and the violation
19results in bodily harm, as defined in s. 939.22 (4), to another, the operator may be
20fined not more than $10,000 or imprisoned for not more than 9 months, or both. In
21addition to the penalties specified under this subdivision, a court may also order a
22person convicted under this subdivision to perform not fewer than 100 nor more than
23200 hours of community service work and attend traffic safety school, as provided
24under s. 345.60.
AB746,12 25Section 12 . 346.49 (5) (a) of the statutes is amended to read:
AB746,6,3
1346.49 (5) (a) If Except as provided in sub. (1) (c) 2., if a person violates s. 346.46
2(1) or (4) (a) or 346.47 (1) or (2) and the violation results in great bodily harm, as
3defined in s. 939.22 (14), to another, the person shall forfeit $500.
AB746,13 4Section 13 . 346.49 (5) (b) of the statutes is amended to read:
AB746,6,75 346.49 (5) (b) If Except as provided in sub. (1) (c) 2., if a person violates s. 346.46
6(1) or (4) (a) or 346.47 (1) or (2) and the violation results in death to another, the
7person shall forfeit $1,000.
AB746,14 8Section 14 . 346.60 (3m) (a) of the statutes is renumbered 346.60 (3m) (a) 1.
9and amended to read:
AB746,6,1610 346.60 (3m) (a) 1. If Except as provided in subd. 2., if an operator of a vehicle
11violates s. 346.57 (2), (3), (4) (d) to (h), or (5) where persons engaged in work in a
12highway maintenance or construction area or in a , utility work area, or emergency
13or roadside response area
are at risk from traffic or where sanitation workers are at
14risk from traffic and the operator knows or should know that sanitation workers are
15present, any applicable minimum and maximum forfeiture specified in sub. (2) or (3)
16for the violation shall be doubled.
AB746,15 17Section 15 . 346.60 (3m) (a) 2. of the statutes is created to read:
AB746,7,218 346.60 (3m) (a) 2. If an operator of a vehicle violates s. 346.57 (2), (3), (4) (d)
19to (h), or (5) where persons engaged in work in a highway maintenance or
20construction area, utility work area, or emergency or roadside response area are at
21risk from traffic and the violation results in bodily harm, as defined in s. 939.22 (4),
22to another, the operator may be fined not more than $10,000 or imprisoned for not
23more than 9 months, or both. In addition to the penalties specified under this
24subdivision, a court may also order a person convicted under this subdivision to

1perform not fewer than 100 nor more than 200 hours of community service work and
2attend traffic safety school, as provided under s. 345.60.
AB746,16 3Section 16 . 346.65 (5m) of the statutes is renumbered 346.65 (5m) (a) and
4amended to read:
AB746,7,115 346.65 (5m) (a) If Except as provided in par. (b), if an operator of a vehicle
6violates s. 346.62 (2) to (4) where persons engaged in work in a highway maintenance
7or construction area or in a , utility work area, or emergency or roadside response
8area
are at risk from traffic or where sanitation workers are at risk from traffic and
9the operator knows or should know that sanitation workers are present, any
10applicable minimum and maximum forfeiture or fine specified in sub. (1), (3), (4m),
11or (5) for the violation shall be doubled.
AB746,17 12Section 17 . 346.65 (5m) (b) of the statutes is created to read:
AB746,7,2113 346.65 (5m) (b) If an operator of a vehicle violates s. 346.62 (2) to (3) where
14persons engaged in work in a highway maintenance or construction area, utility
15work area, or emergency or roadside response area are at risk from traffic and the
16violation results in bodily harm, as defined in s. 939.22 (4), to another, the operator
17may be fined not more than $10,000 or imprisoned for not more than 9 months, or
18both. In addition to the penalties specified under this paragraph, a court may also
19order a person convicted under this paragraph to perform not fewer than 100 nor
20more than 200 hours of community service work and attend traffic safety school, as
21provided under s. 345.60.
AB746,18 22Section 18 . 346.89 (4m) of the statutes is amended to read:
AB746,8,523 346.89 (4m) No person may drive, as defined in s. 343.305 (1) (b), any motor
24vehicle while using a cellular or other wireless telephone, including using the
25telephone for a purpose other than communication, where persons engaged in work

1in a highway maintenance or construction area or in a , utility work area, or
2emergency or roadside response area
are at risk from traffic, except to report an
3emergency. This subsection does not apply to the use of a voice-operated or
4hands-free device if the driver of the motor vehicle does not use his or her hands to
5operate the device, except to activate or deactivate a feature or function of the device.
AB746,19 6Section 19. 349.06 (3) of the statutes is amended to read:
AB746,8,157 349.06 (3) If an operator of a vehicle violates a local ordinance in strict
8conformity with s. 346.04 (1) or (2), 346.18 (6), 346.27, 346.37, 346.39, 346.46 (1),
9346.57 (2), (3), (4) (d) to (h), or (5), or 346.62 (2) where persons engaged in work in
10a highway maintenance or construction area or in a , utility work area, or emergency
11or roadside response area
are at risk from traffic or violates a local ordinance in strict
12conformity with s. 346.57 (2), (3), (4) (d) to (h), or (5) or 346.62 (2) where sanitation
13workers are at risk from traffic and the operator knows or should know that
14sanitation workers are present, any applicable minimum and maximum forfeiture
15for the violation shall be doubled.
AB746,20 16Section 20. 349.11 (10) of the statutes is renumbered 349.11 (10) (a) and
17amended to read:
AB746,9,318 349.11 (10) (a) Notwithstanding any speed limits imposed under this section
19or under s. 346.57, if a highway is being constructed, reconstructed, maintained, or
20repaired, local authorities with respect to highways under their jurisdiction, any
21county highway committee performing maintenance on the state trunk highway
22system under s. 84.07, and any local authority with respect to highways not under
23its jurisdiction that are being constructed, reconstructed, maintained , or repaired by
24the local authority may, for the safety of the highway construction and maintenance
25workers, pedestrians, and highway users, post a temporary speed limit less than the

1speed limit imposed under this section or under s. 346.57. The temporary limits may
2be posted for the duration of the construction, reconstruction, maintenance, or repair
3period.
AB746,9,7 4(c) Temporary speed limits imposed under this subsection may be posted with
5signs on portable supports. When portable supports are used under this subsection,
6the bottom of the sign shall be not less than one foot above the surface of the
7pavement or shoulder.
AB746,21 8Section 21. 349.11 (10) (b) of the statutes is created to read:
AB746,9,129 349.11 (10) (b) Notwithstanding any speed limits imposed under this section
10or under s. 346.57, a law enforcement officer, fire fighter, or emergency medical
11responder may post a temporary speed limit less than the speed limit imposed under
12this section or under s. 346.57 in reasonable response to an emergency.
AB746,22 13Section 22 . Nonstatutory provisions.
AB746,9,1914 (1) In the 2019-21 fiscal biennium, the department of transportation shall
15conduct an advertising campaign to acquaint the public with the hazards posed by
16highway construction and maintenance areas, utility areas, and emergency or
17roadside response areas and the traffic laws and associated penalties related to
18highway construction and maintenance areas, utility areas, and emergency or
19roadside response areas.
AB746,23 20Section 23. Initial applicability.
AB746,9,2221 (1) This act first applies to violations committed on the effective date of this
22subsection.
AB746,9,2323 (End)
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