Analysis by the Legislative Reference Bureau
This bill prohibits any person from using a wireless communication device
(device) while driving, except for certain hands-free use, use by law enforcement
officials, or use related to an emergency.
Current law prohibits inattentive driving of a motor vehicle, which means that
a driver of a motor vehicle may not be engaged or occupied with an activity, other than
driving the vehicle, that interferes with the safe driving of the vehicle. Persons who
violate this prohibition may be required to forfeit not less than $20 nor more than
$400. Also under current law, a person driving under an instruction permit or a
probationary license is prohibited from driving a motor vehicle while using a cellular
phone, except to report an emergency. Also, a person is prohibited from driving a
motor vehicle while using a cellular phone in a highway construction zone, except to
report an emergency. Persons who violate either of these prohibitions 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 any person from using a device while driving. Exceptions are
provided for the use of a device by law enforcement officers or to report an emergency

and for certain hands-free use of a device by persons who hold a license other than
a probationary license or an instruction permit. Persons who violate this prohibition
may be required to forfeit not more than $50 for a first offense, not more than $100
for a second offense, and not more than $150 for a third or subsequent offense.
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:
SB522,1 1Section 1. 343.315 (2) (f) 10. of the statutes is amended to read:
SB522,2,82 343.315 (2) (f) 10. In this subdivision, “mobile telephone" has the meaning
3given in 49 CFR 390.5. Violating s. 346.89 (4) (b) (4g) or a local ordinance in
4conformity therewith or a law of a federally recognized American Indian tribe or
5band in this state in conformity with s. 346.89 (4) (b) (4g) or the law of another
6jurisdiction prohibiting driving a commercial motor vehicle, as defined in 49 CFR
7390.5
, while using a hand-held mobile telephone, as those or substantially similar
8terms are used in that jurisdiction's law.
SB522,2 9Section 2. 346.89 (4) (a) of the statutes is repealed.
SB522,3 10Section 3. 346.89 (4) (b) of the statutes is renumbered 346.89 (4g), and 346.89
11(4g) (a) (intro.), as renumbered, is amended to read:
SB522,2,1212 346.89 (4g) (a) (intro.) In this paragraph subsection:
SB522,4 13Section 4. 346.89 (4m) of the statutes is renumbered 346.89 (4m) (b) and
14amended to read:
SB522,2,1915 346.89 (4m) (b) No person may drive, as defined in s. 343.305 (1) (b), any motor
16vehicle while using
use a cellular or other wireless telephone communication device,
17including using the telephone device for a purpose other than communication, where
18persons engaged in work in a highway maintenance or construction area or in a
19utility work area are at risk from traffic, except to report an emergency
while driving.
SB522,3,2
1(c) 1. This subsection does not apply to the hands-free use of a voice-operated
2or hands-free
wireless communication device if the all of the following apply:
SB522,3,5 3a. The driver of the motor vehicle does not use any part of his or her hands body
4to operate the device, except to activate or deactivate a feature the device or a
5function or software application of the device.
SB522,5 6Section 5 . 346.89 (4m) (a) of the statutes is created to read:
SB522,3,77 346.89 (4m) (a) In this subsection:
SB522,3,88 1. “Drive” has the meaning given in s. 343.305 (1) (b).
SB522,3,149 2. “Hands-free use" means the use of an attachment, accessory, wirelessly
10paired or tethered capability, application, wireless connection, or built-in feature of
11a wireless communication device or a motor vehicle that allows the person to use
12verbal or single-touch commands to activate or deactivate the device or to activate
13or deactivate a function or software application of the device. Hands-free use does
14not include typing or scrolling on a device.
SB522,6 15Section 6. 346.89 (4m) (c) 1. b. of the statutes is created to read:
SB522,3,1816 346.89 (4m) (c) 1. b. The driver holds an operator's license other than a
17probationary license issued under s. 343.085, or an instruction permit issued under
18s. 343.07.
SB522,7 19Section 7 . 346.89 (4m) (c) 2. of the statutes is created to read:
SB522,3,2120 346.89 (4m) (c) 2. This subsection does not apply to the use of a wireless
21communication device by a law enforcement officer.
SB522,8 22Section 8 . 346.89 (4m) (c) 3. of the statutes is created to read:
SB522,3,2423 346.89 (4m) (c) 3. This subsection does not apply to the use of a wireless
24communication device to report an emergency.
SB522,9 25Section 9. 346.95 (1) of the statutes is amended to read:
SB522,4,5
1346.95 (1) Except as provided in sub. (13), any person violating s. 346.87,
2346.88, 346.89 (4), (4m), (4g) or (5), 346.90 to 346.92, or 346.94 (1), (9), (10), (11), (12),
3or (15) may be required to forfeit not less than $20 nor more than $40 for the first
4offense and not less than $50 nor more than $100 for the 2nd or subsequent
5conviction within a year.
SB522,10 6Section 10 . 346.95 (2g) of the statutes is created to read:
SB522,4,97 346.95 (2g) Any person violating s. 346.89 (4m) may be required to forfeit not
8more than $50 for the first offense, not more than $100 for the 2nd offense, and not
9more than $150 for the 3rd or subsequent conviction.
SB522,11 10Section 11. Initial applicability.
SB522,4,1311 (1) This act first applies to violations committed on the effective date of this
12subsection but does not preclude the counting of offenses as prior offenses for the
13purposes of sentencing.
SB522,4,1414 (End)
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