AB338: Bill Text

LRB-1471/1

EVM:cdc&amn

2021 - 2022 LEGISLATURE

2021 Assembly BILL 338

May 21, 2021 - Introduced by Representatives Spiros, Armstrong, Billings, Emerson, James, Murphy, Ohnstad, Petryk, Rozar, Snodgrass and Subeck, cosponsored by Senators Wanggaard and L. Taylor. Referred to Committee on State Affairs.

AB338,1,5 An Act to repeal 346.89 (4) (a); to renumber and amend 346.89 (4) (b) and 346.89 (4m); to amend 343.315 (2) (f) 10. and 346.95 (1); and to create 346.89 (4m) (a), 346.89 (4m) (c) 1. b., 346.89 (4m) (c) 2., 346.89 (4m) (c) 3., 346.89 (4m) (c) 4. and 346.95 (2g) of the statutes; relating to: the use of a portable wireless communication device while driving and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits any person from using a portable wireless communication device (device) while driving, except for certain hands-free use, use by public safety workers, or certain 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 public safety workers and public utility employees, use to report an emergency, and for certain hands-free use 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 $100 for a first offense and not more than $200 for a second 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:

AB338,1 Section 1. 343.315 (2) (f) 10. of the statutes is amended to read:

AB338,2,8 343.315 (2) (f) 10. In this subdivision, “mobile telephone" has the meaning given in 49 CFR 390.5. Violating s. 346.89 (4) (b) (4g) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.89 (4) (b) (4g) or the law of another jurisdiction prohibiting driving a commercial motor vehicle, as defined in 49 CFR 390.5, while using a hand-held mobile telephone, as those or substantially similar terms are used in that jurisdiction's law.

AB338,2 Section 2. 346.89 (4) (a) of the statutes is repealed.

AB338,3 Section 3. 346.89 (4) (b) of the statutes is renumbered 346.89 (4g), and 346.89 (4g) (a) (intro.), as renumbered, is amended to read:

AB338,2,12 346.89 (4g) (a) (intro.) In this paragraph subsection:

AB338,4 Section 4. 346.89 (4m) of the statutes is renumbered 346.89 (4m) (b) and amended to read:

AB338,3,2 346.89 (4m) (b) No person may drive, as defined in s. 343.305 (1) (b), any motor vehicle while using use a cellular or other portable wireless telephone communication device, including using the telephone device for a purpose other than communication, where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, except to report an emergency while driving.

AB338,3,5 (c) 1. This subsection does not apply to the hands-free use of a voice-operated or hands-free portable wireless communication device if the all of the following apply:

AB338,3,8 a. The driver of the motor vehicle does not use any part of his or her hands body to operate the device, except to activate or deactivate a feature the device or a function or software application of the device.

AB338,5 Section 5 . 346.89 (4m) (a) of the statutes is created to read:

AB338,3,10 346.89 (4m) (a) In this subsection:

AB338,3,11 1. “Drive” has the meaning given in s. 343.305 (1) (b).

AB338,3,17 2. “Hands-free use" means the use of an attachment, accessory, wirelessly paired or tethered capability, application, wireless connection, or built-in feature of a portable wireless communication device that allows the person to use verbal or single-touch commands to activate or deactivate the device or to activate or deactivate a function or software application of the device. Hands-free use does not include typing or scrolling on a device.

AB338,6 Section 6. 346.89 (4m) (c) 1. b. of the statutes is created to read:

AB338,3,21 346.89 (4m) (c) 1. b. The driver holds an operator's license other than a probationary license issued under s. 343.085, or an instruction permit issued under s. 343.07.

AB338,7 Section 7 . 346.89 (4m) (c) 2. of the statutes is created to read:

AB338,4,2 346.89 (4m) (c) 2. This subsection does not apply to the use of a portable wireless communication device in the performance of official duties by a law enforcement officer, fire fighter, emergency medical services practitioner licensed under s. 256.15, ambulance driver, emergency medical responder, or other public safety officer.

AB338,8 Section 8. 346.89 (4m) (c) 3. of the statutes is created to read:

AB338,4,6 346.89 (4m) (c) 3. This subsection does not apply to the use of a portable wireless communication device by an employee of a public utility who is responding to a service interruption or other utility emergency.

AB338,9 Section 9 . 346.89 (4m) (c) 4. of the statutes is created to read:

AB338,4,9 346.89 (4m) (c) 4. This subsection does not apply to the use of a portable wireless communication device to report an emergency.

AB338,10 Section 10. 346.95 (1) of the statutes is amended to read:

AB338,4,15 346.95 (1) Except as provided in sub. (13), any person violating s. 346.87, 346.88, 346.89 (4), (4m), (4g) or (5), 346.90 to 346.92, or 346.94 (1), (9), (10), (11), (12), or (15) 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.

AB338,11 Section 11 . 346.95 (2g) of the statutes is created to read:

AB338,4,21 346.95 (2g) (a) Any person violating s. 346.89 (4m) may be required to forfeit not more than $100, participate in not more than 8 hours of community service work, or both, for the first offense; and may be required to forfeit not more than $200, participate in not more than 16 hours of community service work, or both, for the 2nd or subsequent offense.

AB338,4,24 (b) Before 6 months after the effective date of this paragraph .... [LRB inserts date], no penalty may be assessed under par. (a), except a violation in which any of the following occurred:

AB338,5,3 1. The person violating s. 346.89 (4m) was using a cellular or other wireless telephone while driving where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic.

AB338,5,6 2. The person violating s. 346.89 (4m) holds a probationary license issued under s. 343.085 or an instruction permit issued under s. 343.07 and was using a cellular or other wireless telephone.

AB338,12 Section 12. Initial applicability.

AB338,5,10 (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.

AB338,5,11 (End)