Wisconsin: Cell phone laws, legislation
Last updated: July 16, 2010 · Print this report
Cell phone, texting update: Wisconsin’s ban on text messaging has been signed into law by Gov. Jim Doyle. Wisconsin is the 25th state to outlaw texting while behind the wheel.
Current prohibitions:
- None, but the state outlaws distracted driving, or “being so engaged or occupied as to interfere with the safe driving of that vehicle.” The fine is $173 and 4 points.
- Text messaging oulawed for all drivers (effective December 2010). Fines from $20 to $400.
2010 legislation:
Wisconsin Assembly Bill 496: Would outlaw text messaging while driving. Fines from $20 to $400 (formerly $100-$800). The Assembly Transportation Committee voted 12-0 to approve the bill on Nov. 10, 2009. Approved by the full Assembly on Jan. 19, 2010, and sent to Senate, which amended and signed off on the bill April 13. Final approval came in the Assembly on May 4 and AB 496 was sent to the governor, who signed the legislation May 5. (Barca)
Wisconsin Senate Bill 103: Would prohibit use of text messaging devices while driving on state roads and highways. Approved by the state Senate in a 27-5 bipartisan vote on Oct. 20, 2009. The Assembly approved its version, AB 496, above, on Jan. 19. (Lasee)
AB 341: Would prohibit any under age 18 who is driving under an instruction permit or probationary license from using a cell phone of any kind, or other wireless telecommunications devices if they are not installed in the vehicle. Last seen in Assembly Rules Committee. (Pasch)
SB 91: Would ban school bus drivers from using cell phones or other wireless communications devices while transporting students. Approved by the Senate Transportation Committee in a unanimous vote on Sept. 16, 2009, and sent to the Rules Committee. (Carpenter)
SB 355: Seeks to outlaw text messaging while driving. Sent to Senate Transportation Committee on Oct. 16, 2009. (Lehman)
Wisconsin cell phone legislation notes:
Rep. Peter Barca, D-Kenosha, saw his anti-text messaging legislation AB 496 approved by the full Assembly in an 89-6 vote on Jan. 19. The Senate passed its version, SB 103, in October. Fines and penalties are the only differences of note between the two bills.
“We don’t foresee a problem with the Barca bill,” a spokeswoman for state Sen. Russ Decker, D-Weston, told the Wisconsin State Journal in a story on the text messaging bill passage.
Assembly Majority Leader Tom Nelson, D-Kaukauna, made it a priority to schedule a vote on the text messaging bill AB 496 when the 2010 session began.
The Wisconsin teen-driving bill, AB 341, would bring fines of up to $40 for a first offense and up to $100 for subsequent violations in the same year. Sponsor Rep. Sandy Pasch, D-Whitefish Bay, is not in favor of expanding the bill to include all drivers. “Many people are still reluctant to give up their cell phones, despite the evidence.” The bill received an Assembly committee hearing on Sept. 10, 2009.
The text messaging bill SB 103 would bring fines of between $100 and $400 for first offenses; between $200 and $400 for subsequent offenses; and between $300 and $2,000 for causing bodily harm while texting. 30-day jail terms could apply for injury accidents. State Sen. Alan Lasee, R-De Pere, is the sponsor. The bill was approved by the transportation committee on July 17, 2009. Lasee agreed to change the bill to include just drivers under 18, but Republicans pushed for the plan to cover all drivers before passage on Oct. 20. The text messaging ban was sent to the Assembly and approved by its Transportation Committee.
A similar bill on driving while text messaging — SB 355 — passed the Senate but ultimately failed last year.
“It does not take a rocket scientist to come to the conclusion that text messaging is one of the most dangerous things that one can do while driving,” Lasee has said. “This is no different than writing out Christmas cards to your family while driving down the road, and it is an accident waiting to happen.”
The city of Black Rock is considering a ban on cell phone use for all drivers.
State Rep. Jerry Petrowski, R-Marathon, has three times proposed bans on teenage drivers using cell phones and text-messaging devices.
Here’s a scary one: Two teenage girls in the Town of Rietbrock were both cited for driving while drinking and text messaging. They crashed their car and it rolled over. Apparently the passenger was steering while the driver text messaged.
Regional ordinances
Waupaca County has banned handheld cell phone use by drivers and text messaging, but the sheriff has refused to enforce the mobile phone ordinance. “I think the right way to go about it is statewide,” Sheriff Brad Hardel said. “I would prefer to use it as a warning and educational device at this point.”
The city of Kenosha has banned text messaging while driving. The ordinance was approved in November 2008.
Wondering if there is any legislation being considered against the use of cell phones while driving. My husband and I were almost hit today on 76th St. near Southridge by a young girl on the cell phone. She started wandering into our lane, not sure she was even aware how close she came to hitting us.
Thank you. Sharon Cornehls
I think the state of WI should consider a ban on cell phone usage while driving, period. It is increasingly apparent that the distraction of either talking or texting added to attempting to operate a vehicle is too much for many to handle. I’d prefer to keep my life, thanks.
I do not understand why this is even an “issue.” Taking your eyes off the road to text, email, read, surf the net….plain and simple- is wrong! Common sense. Why do we need a law (though I truly understand why) to tell us people are being plain stupid? Shut the darn thing off- it was not that long ago that most of us had to WAIT until we got home to make or take a phone call. Come on..
I am more fearful of being killed by a cell phone driver than a drunk driver. They out number the drunks a thousand to one!!!!! There should be absolutely no question in anyone’s mind about this. What is the argument???????
NEED law banning cell phone usage in Wisconsin and the entire country! Agree with Lynn, what is stalling this law and why any argument about it?