AB159: Bill Text

AB159,20 Section 20. 340.01 (5s) of the statutes is amended to read:

AB159,8,15 340.01 (5s) “Bicycle way" means any path or sidewalk or portion thereof designated for the use of bicycles, electric scooters, and electric personal assistive mobility devices by the governing body of any city, town, village, or county.

AB159,21 Section 21 . 340.01 (15ps) of the statutes is created to read:

AB159,8,22 340.01 (15ps) “Electric scooter” means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. “Electric scooter” does not include an electric personal assistive mobility device, motorcycle, motor bicycle, or moped.

AB159,22 Section 22. 340.01 (35) of the statutes is amended to read:

AB159,9,6 340.01 (35) “Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. “Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, a utility terrain vehicle, an electric scooter, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute.

AB159,23 Section 23. 340.01 (43) of the statutes is amended to read:

AB159,9,12 340.01 (43) “Pedestrian" means any person afoot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric scooter or an electric personal assistive mobility device.

AB159,24 Section 24 . 340.01 (43m) (b) of the statutes is amended to read:

AB159,9,14 340.01 (43m) (b) Does not include in-line skates or electric scooters.

AB159,25 Section 25. 340.01 (74) of the statutes is amended to read:

AB159,9,20 340.01 (74) “Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile, an all-terrain vehicle, a personal delivery device, an electric scooter, and an electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

AB159,26 Section 26 . 340.01 (74p) (c) of the statutes is amended to read:

AB159,9,22 340.01 (74p) (c) An operator of a moped, electric scooter, or motor bicycle.

AB159,27 Section 27. 341.058 of the statutes is amended to read:

AB159,10,3 341.058 Electric scooters and electric personal assistive mobility devices. Electric scooters and electric personal assistive mobility devices, even though operated upon a highway of this state, are exempt from registration.

AB159,28 Section 28. 344.01 (2) (g) of the statutes is amended to read:

AB159,10,8 344.01 (2) (g) “Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except vehicles used exclusively upon stationary rails or tracks and except electric scooters, electric personal assistive mobility devices, and personal delivery devices.

AB159,29 Section 29. 346.02 (12) of the statutes is amended to read:

AB159,10,18 346.02 (12) Applicability to electric scooters and electric personal assistive mobility devices. An electric scooter and an electric personal assistive mobility device shall be considered a vehicle for purposes of ss. 346.04 to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.215 (3), 346.23 to 346.28, 346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 to 346.55, 346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80, 346.87, 346.88, 346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to electric scooters or electric personal assistive mobility devices.

AB159,30 Section 30. 346.05 (1m) of the statutes is amended to read:

AB159,10,23 346.05 (1m) Notwithstanding sub. (1), any person operating a bicycle, electric scooter, or electric personal assistive mobility device may ride on the shoulder of a highway unless such riding is prohibited by the authority in charge of the maintenance of the highway.

AB159,31 Section 31. 346.075 (title) of the statutes is amended to read:

AB159,11,2 346.075 (title) Overtaking and passing bicycles, electric personal assistive mobility devices, and motor buses certain vehicles and devices.

AB159,32 Section 32. 346.075 (1) of the statutes is amended to read:

AB159,11,9 346.075 (1) The operator of a motor vehicle overtaking a bicycle, electric scooter, or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle, electric scooter, or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle, electric scooter, or electric personal assistive mobility device.

AB159,33 Section 33. 346.16 (2) (am) of the statutes is amended to read:

AB159,11,14 346.16 (2) (am) Notwithstanding s. 349.105 and except as provided in par. (b), no person riding an electric scooter or an electric personal assistive mobility device may go upon any expressway or freeway when official signs have been erected prohibiting persons specified in par. (a) from using the expressway or freeway.

AB159,34 Section 34. 346.23 (1) of the statutes is amended to read:

AB159,12,7 346.23 (1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or personal delivery device, or to a person who is riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, that has started to cross the highway on a green signal or a pedestrian signal authorizing crossing and in all other cases pedestrians, bicyclists, and riders of electric scooters and electric personal assistive mobility devices shall yield, and personal delivery device operators shall ensure that personal delivery devices yield, the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device crossing in the crosswalk on a green signal or a pedestrian signal authorizing crossing would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in sub. (2).

AB159,35 Section 35. 346.23 (2) of the statutes is amended to read:

AB159,12,17 346.23 (2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device that has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green signal or a pedestrian signal authorizing crossing in the favor of the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device.

AB159,36 Section 36. 346.24 (1) of the statutes is amended to read:

AB159,12,24 346.24 (1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or personal delivery device, or to a person riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, that is crossing the highway within a marked or unmarked crosswalk.

AB159,37 Section 37. 346.24 (2) of the statutes is amended to read:

AB159,13,5 346.24 (2) No pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device may suddenly leave, and no personal delivery device operator may allow a personal delivery device to suddenly leave, a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.

AB159,38 Section 38. 346.24 (3) of the statutes is amended to read:

AB159,13,11 346.24 (3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle.

AB159,39 Section 39. 346.25 of the statutes is amended to read:

AB159,13,16 346.25 Crossing at place other than crosswalk. Every pedestrian, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.

AB159,40 Section 40. 346.28 (2) of the statutes is amended to read:

AB159,13,20 346.28 (2) Operators of vehicles shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric scooter and electric personal assistive mobility devices on sidewalks as required by s. 346.47.

AB159,41 Section 41. 346.30 (1) (b) 2. of the statutes is amended to read:

AB159,13,24 346.30 (1) (b) 2. Any operator of a bicycle, electric scooter, or electric personal assistive mobility device violating s. 346.23, 346.24 or 346.25 may be required to forfeit not more than $20.

AB159,42 Section 42. 346.34 (1) (b) of the statutes is amended to read:

AB159,14,11 346.34 (1) (b) In the event any other traffic may be affected by the movement, no person may turn any vehicle without giving an appropriate signal in the manner provided in s. 346.35. A person making a U-turn shall use the same signal used to indicate a left turn. When given by the operator of a vehicle other than a bicycle, electric scooter, or electric personal assistive mobility device, the signal shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The operator of a bicycle, electric scooter, or electric personal assistive mobility device shall give the signal continuously during not less than the last 50 feet traveled before turning. A signal by the hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle, electric scooter, or electric personal assistive mobility device.

AB159,43 Section 43. 346.36 (2) of the statutes is amended to read:

AB159,14,15 346.36 (2) Any operator of a bicycle, electric scooter, or electric personal assistive mobility device violating ss. 346.31 to 346.35 may be required to forfeit not more than $20.

AB159,44 Section 44. 346.37 (1) (a) 2. of the statutes is amended to read:

AB159,14,21 346.37 (1) (a) 2. Pedestrians, and persons who are riding bicycles, electric scooters, or electric personal assistive mobility devices in a manner which is consistent with the safe use of the crosswalk by pedestrians, facing the signal may proceed, and personal delivery device operators may allow personal delivery devices to proceed, across the roadway within any marked or unmarked crosswalk.

AB159,45 Section 45. 346.37 (1) (c) 2. of the statutes is amended to read:

AB159,15,2 346.37 (1) (c) 2. No pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device facing such signal shall enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB159,46 Section 46. 346.37 (1) (c) 3. of the statutes is amended to read:

AB159,15,18 346.37 (1) (c) 3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left. Vehicular traffic in the leftmost right-turn lane of a roadway that provides 2 right-turn lanes may make a right turn on a red signal into a lawfully available lane that is 2nd to the rightmost lane for traffic moving to the right. Except for a vehicle turning right from the leftmost right-turn lane of a roadway that provides 2 right-turn lanes, no turn may be made on a red signal if lanes of moving traffic are crossed. No turn may be made on a red signal if a sign at the intersection prohibits the turn on a red signal. In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric scooters and electric personal assistive mobility devices lawfully within a crosswalk, to operators of vehicles making a lawful U-turn, and to other traffic lawfully using the intersection.

AB159,47 Section 47. 346.37 (1) (c) 4. of the statutes is amended to read:

AB159,16,6 346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle reasonably believes the signal is vehicle actuated. The operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2.

AB159,48 Section 48. 346.37 (1) (d) 1. of the statutes is amended to read:

AB159,16,15 346.37 (1) (d) 1. Vehicular traffic facing a green arrow signal may enter the intersection to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric scooters and electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns. When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.

AB159,49 Section 49. 346.37 (1) (d) 2. of the statutes is amended to read:

AB159,16,21 346.37 (1) (d) 2. No pedestrian, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device facing such signal may enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB159,50 Section 50. 346.37 (1) (e) 1. of the statutes is amended to read:

AB159,17,3 346.37 (1) (e) 1. Vehicular traffic facing a flashing yellow arrow signal may cautiously enter the intersection to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric scooters and electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns.

AB159,51 Section 51. 346.37 (1) (e) 2. of the statutes is amended to read:

AB159,17,9 346.37 (1) (e) 2. No pedestrian, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device facing such signal may enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB159,52 Section 52. 346.37 (3) of the statutes is amended to read:

AB159,17,18 346.37 (3) If a traffic control signal suffers a loss of power or otherwise malfunctions so that the traffic control signal does not exhibit any color of light, vehicular traffic, pedestrians, and persons riding bicycles, electric scooters, or electric personal assistive mobility devices shall proceed, and personal delivery device operators shall ensure that personal delivery devices proceed, at the traffic control signal as if the traffic control signal were an official stop sign and shall comply with the requirements applicable under ss. 346.18 (1) and (3) and 346.46 (1), (2), and (4), unless otherwise directed by a traffic officer.

AB159,53 Section 53. 346.38 (1) of the statutes is amended to read:

AB159,18,2 346.38 (1) Walk. A pedestrian, or a person riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which is consistent with the safe use of the crossing by pedestrians, facing a pedestrian signal authorizing crossing may proceed, and a personal delivery device operator may allow a personal delivery device facing a pedestrian signal authorizing crossing to proceed, across the roadway or other vehicular crossing in the direction of the signal and the operators of all vehicles shall yield the right-of-way to the pedestrian, personal delivery device, bicyclist, or electric scooter or electric personal assistive mobility device rider.

AB159,54 Section 54. 346.38 (2) of the statutes is amended to read:

AB159,18,12 346.38 (2) Don't walk. No pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device may start to cross, and no personal delivery device operator may allow a personal delivery device to start to cross, the roadway or other vehicular crossing in the direction of a pedestrian signal limiting crossing, regardless of whether the signal is steady or flashing, but any pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device that has partially completed crossing on the pedestrian signal authorizing crossing may proceed to a sidewalk or safety zone while a pedestrian signal limiting crossing is showing.

AB159,55 Section 55. 346.43 (1) (b) 2. of the statutes is amended to read:

AB159,18,16 346.43 (1) (b) 2. Any operator of a bicycle, electric scooter, or electric personal assistive mobility device violating s. 346.37, 346.38 or 346.39 may be required to forfeit not more than $20.

AB159,56 Section 56. 346.47 (1) of the statutes is amended to read:

AB159,18,24 346.47 (1) The operator of a vehicle emerging from an alley or about to cross or enter a highway from any point of access other than another highway shall stop such vehicle immediately prior to moving on to the sidewalk or on to the sidewalk area extending across the path of such vehicle and shall yield the right-of-way to any pedestrian, bicyclist, personal delivery device, or rider of an electric scooter or an electric personal assistive mobility device, and upon crossing or entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

AB159,57 Section 57. 346.49 (1) (b) of the statutes is amended to read:

AB159,19,3 346.49 (1) (b) Any operator of a bicycle , electric scooter, or electric personal assistive mobility device violating s. 346.46 (1), (2m) or (4) may be required to forfeit not more than $20.

AB159,58 Section 58. 346.49 (1g) (b) of the statutes is amended to read:

AB159,19,6 346.49 (1g) (b) Any operator of a bicycle, electric scooter, or electric personal assistive mobility device violating s. 346.46 (3) shall forfeit not more than $40.

AB159,59 Section 59. 346.49 (2m) (b) of the statutes is amended to read:

AB159,19,11 346.49 (2m) (b) Any operator of a bicycle, electric scooter, or electric personal assistive mobility device violating s. 346.44 may be required to forfeit not less than $100 nor more than $250 for the first offense and not less than $225 nor more than $750 for the 2nd or subsequent conviction within 3 years.

AB159,60 Section 60. 346.54 (1) (e) of the statutes is amended to read:

AB159,19,20 346.54 (1) (e) Except as provided in par. (cm) and s. 349.13 (6), for the purpose of parking, mopeds, electric scooters, and electric personal assistive mobility devices shall be considered bicycles. Except as provided in s. 349.13 (6), where possible without impeding the flow of pedestrian traffic, a bicycle, moped, electric scooter, or electric personal assistive mobility device may be parked on a sidewalk. Except as provided in s. 349.13 (6), a bicycle, moped, electric scooter, or electric personal assistive mobility device may be parked in a bike rack or other similar area designated for bicycle parking.

AB159,61 Section 61. 346.60 (5) (a) of the statutes is amended to read:

AB159,19,24 346.60 (5) (a) Any operator of a bicycle, electric scooter, or electric personal assistive mobility device who violates s. 346.57 may be required to forfeit not more than $20.

AB159,62 Section 62. 346.60 (5) (b) of the statutes is amended to read:

AB159,20,3 346.60 (5) (b) Any operator of a bicycle , electric scooter, or electric personal assistive mobility device who violates s. 346.59 may be required to forfeit not more than $10.

AB159,63 Section 63. 346.71 (2) of the statutes is amended to read:

AB159,21,4 346.71 (2) In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle, electric scooter, or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release from the coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle, a utility terrain vehicle, or an off-highway motorcycle, as defined in s. 23.335 (1) (q), that was being operated off the highways, as defined in s. 23.335 (1) (y), the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.

AB159,64 Section 64. 346.80 (title) of the statutes is amended to read: