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LRB-3045/1
EVM:cdc&amn
2021 - 2022 LEGISLATURE
May 14, 2021 - Introduced by Senators Wanggaard and L. Taylor, cosponsored by
Representatives Spiros, Armstrong, Billings, Emerson, James, Murphy,
Ohnstad, Petryk, Rozar, Snodgrass and Subeck. Referred to Committee on
Transportation and Local Government.
SB348,1,5 1An Act to repeal 346.89 (4) (a); to renumber and amend 346.89 (4) (b) and
2346.89 (4m); to amend 343.315 (2) (f) 10. and 346.95 (1); and to create 346.89
3(4m) (a), 346.89 (4m) (c) 1. b., 346.89 (4m) (c) 2., 346.89 (4m) (c) 3., 346.89 (4m)
4(c) 4. and 346.95 (2g) of the statutes; relating to: the use of a portable wireless
5communication 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:
SB348,1 1Section 1. 343.315 (2) (f) 10. of the statutes is amended to read:
SB348,2,82 343.315 (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.
SB348,2 9Section 2. 346.89 (4) (a) of the statutes is repealed.
SB348,3 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:
SB348,2,1212 346.89 (4g) (a) (intro.) In this paragraph subsection:
SB348,4 13Section 4. 346.89 (4m) of the statutes is renumbered 346.89 (4m) (b) and
14amended to read:
SB348,3,215 346.89 (4m) (b) No person may drive, as defined in s. 343.305 (1) (b), any motor
16vehicle while using
use a cellular or other portable wireless telephone
17communication device, including using the telephone device for a purpose other than
18communication, where persons engaged in work in a highway maintenance or

1construction area or in a utility work area are at risk from traffic, except to report
2an emergency
while driving.
SB348,3,5 3(c) 1. This subsection does not apply to the hands-free use of a voice-operated
4or hands-free
portable wireless communication device if the all of the following
5apply:
SB348,3,8 6a. The driver of the motor vehicle does not use any part of his or her hands body
7to operate the device, except to activate or deactivate a feature the device or a
8function or software application of the device.
SB348,5 9Section 5 . 346.89 (4m) (a) of the statutes is created to read:
SB348,3,1010 346.89 (4m) (a) In this subsection:
SB348,3,1111 1. “Drive” has the meaning given in s. 343.305 (1) (b).
SB348,3,1712 2. “Hands-free use" means the use of an attachment, accessory, wirelessly
13paired or tethered capability, application, wireless connection, or built-in feature of
14a portable wireless communication device that allows the person to use verbal or
15single-touch commands to activate or deactivate the device or to activate or
16deactivate a function or software application of the device. Hands-free use does not
17include typing or scrolling on a device.
SB348,6 18Section 6. 346.89 (4m) (c) 1. b. of the statutes is created to read:
SB348,3,2119 346.89 (4m) (c) 1. b. The driver holds an operator's license other than a
20probationary license issued under s. 343.085, or an instruction permit issued under
21s. 343.07.
SB348,7 22Section 7 . 346.89 (4m) (c) 2. of the statutes is created to read:
SB348,4,223 346.89 (4m) (c) 2. This subsection does not apply to the use of a portable
24wireless communication device in the performance of official duties by a law
25enforcement officer, fire fighter, emergency medical services practitioner licensed

1under s. 256.15, ambulance driver, emergency medical responder, or other public
2safety officer.
SB348,8 3Section 8. 346.89 (4m) (c) 3. of the statutes is created to read:
SB348,4,64 346.89 (4m) (c) 3. This subsection does not apply to the use of a portable
5wireless communication device by an employee of a public utility who is responding
6to a service interruption or other utility emergency.
SB348,9 7Section 9 . 346.89 (4m) (c) 4. of the statutes is created to read:
SB348,4,98 346.89 (4m) (c) 4. This subsection does not apply to the use of a portable
9wireless communication device to report an emergency.
SB348,10 10Section 10. 346.95 (1) of the statutes is amended to read:
SB348,4,1511 346.95 (1) Except as provided in sub. (13), any person violating s. 346.87,
12346.88, 346.89 (4), (4m), (4g) or (5), 346.90 to 346.92, or 346.94 (1), (9), (10), (11), (12),
13or (15) may be required to forfeit not less than $20 nor more than $40 for the first
14offense and not less than $50 nor more than $100 for the 2nd or subsequent
15conviction within a year.
SB348,11 16Section 11 . 346.95 (2g) of the statutes is created to read:
SB348,4,2117 346.95 (2g) (a) Any person violating s. 346.89 (4m) may be required to forfeit
18not more than $100, participate in not more than 8 hours of community service work,
19or both, for the first offense; and may be required to forfeit not more than $200,
20participate in not more than 16 hours of community service work, or both, for the 2nd
21or subsequent offense.
SB348,4,2422 (b) Before 6 months after the effective date of this paragraph .... [LRB inserts
23date], no penalty may be assessed under par. (a), except a violation in which any of
24the following occurred:
SB348,5,3
11. The person violating s. 346.89 (4m) was using a cellular or other wireless
2telephone while driving where persons engaged in work in a highway maintenance
3or construction area or in a utility work area are at risk from traffic.
SB348,5,64 2. The person violating s. 346.89 (4m) holds a probationary license issued under
5s. 343.085 or an instruction permit issued under s. 343.07 and was using a cellular
6or other wireless telephone.
SB348,12 7Section 12. Initial applicability.
SB348,5,108 (1) This act first applies to violations committed on the effective date of this
9subsection but does not preclude the counting of offenses as prior offenses for the
10purposes of sentencing.
SB348,5,1111 (End)
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