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2019 - 2020 LEGISLATURE
April 11, 2019 - Introduced by Representatives Kuglitsch, Duchow, Brandtjen,
Kitchens, Myers, Neylon, Novak, Ramthun, Sanfelippo and Sinicki,
cosponsored by Senators Kooyenga, Cowles, Carpenter, Larson and
Stroebel. Referred to Committee on Local Government.
AB159,2,4 1An Act to amend 23.117 (1), 23.117 (3), 23.117 (4), 23.33 (4) (d) 1., 23.33 (4) (d)
23. a., 23.33 (11) (am) 3. d., 23.335 (10) (a) 1., 23.335 (10) (a) 2., 23.335 (21) (am)
34., 29.001 (57), 59.84 (2) (j), 66.1001 (2) (c), 83.42 (1), 84.60 (1) (a), 167.31 (1) (h),
4194.01 (7), 287.81 (1) (b), 340.01 (5e), 340.01 (5s), 340.01 (35), 340.01 (43),
5340.01 (43m) (b), 340.01 (74), 340.01 (74p) (c), 341.058, 344.01 (2) (g), 346.02
6(12), 346.05 (1m), 346.075 (title), 346.075 (1), 346.16 (2) (am), 346.23 (1), 346.23
7(2), 346.24 (1), 346.24 (2), 346.24 (3), 346.25, 346.28 (2), 346.30 (1) (b) 2., 346.34
8(1) (b), 346.36 (2), 346.37 (1) (a) 2., 346.37 (1) (c) 2., 346.37 (1) (c) 3., 346.37 (1)
9(c) 4., 346.37 (1) (d) 1., 346.37 (1) (d) 2., 346.37 (1) (e) 1., 346.37 (1) (e) 2., 346.37
10(3), 346.38 (1), 346.38 (2), 346.43 (1) (b) 2., 346.47 (1), 346.49 (1) (b), 346.49 (1g)
11(b), 346.49 (2m) (b), 346.54 (1) (e), 346.60 (5) (a), 346.60 (5) (b), 346.71 (2), 346.80
12(title), 346.80 (1), 346.80 (2) (a) (intro.), 346.80 (2) (b), 346.80 (2) (c), 346.80 (3)
13(a), 346.80 (3) (b), 346.80 (4), 346.80 (5), 346.803 (title), 346.803 (1) (intro.),
14346.803 (1) (a), 346.803 (2), 346.803 (3), 346.803 (4), 346.804, 346.805, 346.94

1(12), 347.02 (1) (i), 347.245 (1), 347.489 (1), 347.489 (2), 347.489 (3), 348.01 (2)
2(d), 349.015 and 779.41 (2); and to create 23.335 (1) (hh), 340.01 (15ps), 346.94
3(18s) and 349.237 of the statutes; relating to: the operation of electric scooters
4on highways, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill authorizes the use of electric scooters on highways. Under the bill, an
electric scooter is defined as “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.” The bill provides that “electric
scooter” does not include an electric personal assistive mobility device (EPAMD),
motorcycle, motor bicycle, or moped. The bill authorizes electric scooters to be used
on certain highways subject to the same requirements as apply under current law
to EPAMDs.
More specifically, this bill provides the following:
1. Electric scooters are exempt from vehicle registration by the Department of
Transportation.
2. Operators of electric scooters must observe many of the rules of the road.
Operators who violate the applicable rules of the road are subject to the same
penalties as those that apply to violations committed while operating an EPAMD.
3. Electric scooters may be operated on most roadways, sidewalks, bicycle
lanes, and bicycle ways. However, a local highway authority may by ordinance
regulate the rental and operation of electric scooters.
4. Electric scooters must satisfy the same equipment requirements as
EPAMDs, including lighting and brake requirements.
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:
AB159,1 5Section 1. 23.117 (1) of the statutes is amended to read:
AB159,3,26 23.117 (1) No person may operate a bicycle, electric scooter, or electric personal
7assistive mobility device on a trail in a state park or in the Kettle Moraine state forest
8unless the department has determined that the trail will be opened for use by

1bicycles, electric scooters, or electric personal assistive mobility devices and has
2posted the trail open for such use.
AB159,2 3Section 2. 23.117 (3) of the statutes is amended to read:
AB159,3,64 23.117 (3) The department shall patrol on a regular basis the trails in state
5parks and in the Kettle Moraine state forest that are open to use by bicycles, electric
6scooters,
or electric personal assistive mobility devices.
AB159,3 7Section 3. 23.117 (4) of the statutes is amended to read:
AB159,3,138 23.117 (4) Any council that is created by the natural resources board under s.
915.04 (1) (c) to advise the department on the opening of trails in state parks and in
10the Kettle Moraine state forest for use by bicycles, electric scooters, or electric
11personal assistive mobility devices shall have its recommendations regarding such
12use reviewed and approved by the natural resources board before they are
13implemented.
AB159,4 14Section 4. 23.33 (4) (d) 1. of the statutes is amended to read:
AB159,3,2015 23.33 (4) (d) 1. To cross a roadway. The crossing of a roadway is authorized only
16if the crossing is done in the most direct manner practicable, if the crossing is made
17at a place where no obstruction prevents a quick and safe crossing, and if the operator
18stops the all-terrain vehicle or utility terrain vehicle prior to the crossing and yields
19the right-of-way to other vehicles, pedestrians, electric scooters, and electric
20personal assistive mobility devices using the roadway.
AB159,5 21Section 5. 23.33 (4) (d) 3. a. of the statutes is amended to read:
AB159,4,422 23.33 (4) (d) 3. a. To cross a bridge, culvert, or railroad right-of-way. The
23crossing of a bridge, culvert, or railroad right-of-way is not authorized if the
24roadway is officially closed to all-terrain vehicle or utility terrain vehicle traffic,
25except as provided in subd. 3. b. The crossing is authorized only if the crossing is done

1in the most direct manner practicable, if the crossing is made at a place where no
2obstruction prevents a quick and safe crossing, and if the operator stops the vehicle
3prior to the crossing and yields the right-of-way to other vehicles, pedestrians,
4electric scooters, and electric personal assistive mobility devices using the roadway.
AB159,6 5Section 6. 23.33 (11) (am) 3. d. of the statutes is amended to read:
AB159,4,86 23.33 (11) (am) 3. d. Yield the right-of-way to other vehicles, pedestrians,
7electric scooters, and electric personal assistive mobility devices using the roadway
8or shoulder.
AB159,7 9Section 7 . 23.335 (1) (hh) of the statutes is created to read:
AB159,4,1010 23.335 (1) (hh) “Electric scooter” has the meaning given in s. 340.01 (15ps).
AB159,8 11Section 8. 23.335 (10) (a) 1. of the statutes is amended to read:
AB159,4,1812 23.335 (10) (a) 1. Operation on the roadway is necessary to cross the roadway.
13The crossing of a roadway is authorized only if the crossing is done in the most direct
14manner practicable, if the crossing is made at a place where no obstruction prevents
15a quick and safe crossing, and if the operator stops the limited use off-highway
16motorcycle prior to entering the crossing and yields the right-of-way to any other
17vehicles, pedestrians, electric scooters, or electric personal assistive mobility devices
18that are using the roadway.
AB159,9 19Section 9. 23.335 (10) (a) 2. of the statutes is amended to read:
AB159,5,320 23.335 (10) (a) 2. Operation on the roadway is necessary to cross a bridge,
21culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad
22right-of-way is not authorized if the roadway is officially closed to off-highway
23motorcycle traffic. The crossing is authorized only if the crossing is done in the most
24direct manner practicable, if the crossing is made at a place where no obstruction
25prevents a quick and safe crossing, and if the operator stops the limited use

1off-highway motorcycle prior to entering the crossing and yields the right-of-way
2to any other vehicles, pedestrians, electric scooters, or electric personal assistive
3mobility devices that are using the roadway.
AB159,10 4Section 10. 23.335 (21) (am) 4. of the statutes is amended to read:
AB159,5,75 23.335 (21) (am) 4. Yield the right-of-way to other vehicles, pedestrians,
6electric scooters, and electric personal assistive mobility devices using the roadway
7or shoulder.
AB159,11 8Section 11. 29.001 (57) of the statutes is amended to read:
AB159,5,139 29.001 (57) “Motor vehicle" means a self-propelled vehicle, including a
10combination of 2 or more vehicles or an articulated vehicle. “Motor vehicle" includes
11a snowmobile or an all-terrain vehicle. “Motor vehicle" does not include an aircraft,
12a vehicle operated exclusively on rails, an electric scooter, or an electric personal
13assistive mobility device.
AB159,12 14Section 12 . 59.84 (2) (j) of the statutes is amended to read:
AB159,6,1115 59.84 (2) (j) Traffic types and speed limits. After an expressway project has
16been certified as completed, the public body having jurisdiction over the
17maintenance thereof shall have the power to regulate the type of vehicular use of
18such portion of the expressway except as limited by federal and state laws and
19regulations, and the power to fix speed limits thereon not in excess of the maximum
20speed limits for state trunk highways, and to provide and enforce reasonable
21penalties for infraction of such vehicular use regulation or speed limits.
22Notwithstanding s. 346.16 (2), the use of the expressways by pedestrians, mopeds,
23motor bicycles, motor scooters, bicycles, electric scooters, electric personal assistive
24mobility devices, off-road utility vehicles, lightweight utility vehicles as defined in
25s. 346.94 (21) (a) 2. except when used to cross an expressway, funeral processions, and

1animals on foot and the hauling of oversized equipment without special permit shall
2be prohibited when an ordinance in conformity with this section and, with respect
3to prohibiting the use of electric personal assistive mobility devices, in conformity
4with s. 349.236 (1) (a) or (b), and with respect to prohibiting the use of electric
5scooters, in conformity with s. 349.237,
is enacted by the board, but a forfeiture
6provided therein shall not exceed the maximum forfeiture under s. 346.17 (2). The
7board may not prohibit the towing of disabled vehicles on expressways, except that
8the board may prohibit the towing of disabled vehicles during the peak hours of 7 a.m.
9to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county ordinance and except
10that the board may establish procedures for and may contract for the towing of
11vehicles which have become disabled on the expressway.
AB159,13 12Section 13. 66.1001 (2) (c) of the statutes is amended to read:
AB159,6,2413 66.1001 (2) (c) Transportation element. A compilation of objectives, policies,
14goals, maps and programs to guide the future development of the various modes of
15transportation, including highways, transit, transportation systems for persons
16with disabilities, bicycles, electric scooters, electric personal assistive mobility
17devices, walking, railroads, air transportation, trucking and water transportation.
18The element shall compare the local governmental unit's objectives, policies, goals
19and programs to state and regional transportation plans. The element shall also
20identify highways within the local governmental unit by function and incorporate
21state, regional and other applicable transportation plans, including transportation
22corridor plans, county highway functional and jurisdictional studies, urban area and
23rural area transportation plans, airport master plans and rail plans that apply in the
24local governmental unit.
AB159,14 25Section 14. 83.42 (1) of the statutes is amended to read:
AB159,7,7
183.42 (1) Purpose. In order to create and preserve rustic and scenic roads for
2vehicular, bicycle, electric scooter, electric personal assistive mobility device, and
3pedestrian travel in unhurried, quiet and leisurely enjoyment; to protect and
4preserve recreational driving, culture, beauty, trees, vegetation and wildlife by
5establishing protective standards of rustic road design, access, speed, maintenance
6and identification, which will promote a continuous system of rustic roads and scenic
7easements for the public health and welfare; a state system of rustic roads is created.
AB159,15 8Section 15. 84.60 (1) (a) of the statutes is amended to read:
AB159,7,139 84.60 (1) (a) “Bikeway" means a public path, trail, lane or other way, including
10structures, traffic control devices and related support facilities and parking areas,
11designated for use by bicycles, electric scooters, electric personal assistive mobility
12devices, and other vehicles propelled by human power. The term also includes
13“bicycle lane" as defined in s. 340.01 (5e) and “bicycle way" as defined in s. 340.01 (5s).
AB159,16 14Section 16. 167.31 (1) (h) of the statutes is amended to read:
AB159,7,2015 167.31 (1) (h) “Vehicle" has the meaning given in s. 340.01 (74), but includes
16a snowmobile, as defined in s. 340.01 (58a), an all-terrain vehicle, as defined in s.
17340.01 (2g), an electric scooter, as defined in s. 340.01 (15ps), and an electric personal
18assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of
19subs. (4) (c) and (cg) and (4m) “vehicle" has the meaning given for “motor vehicle" in
20s. 29.001 (57).
AB159,17 21Section 17. 194.01 (7) of the statutes is amended to read:
AB159,7,2522 194.01 (7) “Motor vehicle" means any automobile, truck, trailer, semitrailer,
23tractor, motor bus, or any self-propelled or motor driven vehicle, except a motorcycle,
24moped, motor bicycle, electric scooter, electric personal assistive mobility device,
25personal delivery device, or vehicle operated on rails.
AB159,18
1Section 18. 287.81 (1) (b) of the statutes is amended to read:
AB159,8,52 287.81 (1) (b) “Vehicle" has the meaning given in s. 340.01 (74), but includes
3an electric scooter, as defined in s. 340.01 (15ps), an electric personal assistive
4mobility device, as defined in s. 340.01 (15pm), and an all-terrain vehicle, as defined
5in s. 340.01 (2g).
AB159,19 6Section 19. 340.01 (5e) of the statutes is amended to read:
AB159,8,117 340.01 (5e) “Bicycle lane" means that portion of a roadway set aside by the
8governing body of any city, town, village, or county for the exclusive use of bicycles,
9electric scooters, electric personal assistive mobility devices, or other modes of travel
10where permitted under s. 349.23 (2) (a), and so designated by appropriate signs and
11pavement markings.
AB159,20 12Section 20. 340.01 (5s) of the statutes is amended to read:
AB159,8,1513 340.01 (5s) “Bicycle way" means any path or sidewalk or portion thereof
14designated for the use of bicycles, electric scooters, and electric personal assistive
15mobility devices by the governing body of any city, town, village, or county.
AB159,21 16Section 21 . 340.01 (15ps) of the statutes is created to read:
AB159,8,2217 340.01 (15ps) “Electric scooter” means a device weighing less than 100 pounds
18that has handlebars and an electric motor, is powered solely by the electric motor and
19human power, and has a maximum speed of not more than 20 miles per hour on a
20paved level surface when powered solely by the electric motor. “Electric scooter” does
21not include an electric personal assistive mobility device, motorcycle, motor bicycle,
22or moped.
AB159,22 23Section 22. 340.01 (35) of the statutes is amended to read:
AB159,9,624 340.01 (35) “Motor vehicle" means a vehicle, including a combination of 2 or
25more vehicles or an articulated vehicle, which is self-propelled, except a vehicle

1operated exclusively on a rail. “Motor vehicle" includes, without limitation, a
2commercial motor vehicle or a vehicle which is propelled by electric power obtained
3from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain
4vehicle, a utility terrain vehicle, an electric scooter, and an electric personal assistive
5mobility device shall be considered motor vehicles only for purposes made
6specifically applicable by statute.
AB159,23 7Section 23. 340.01 (43) of the statutes is amended to read:
AB159,9,128 340.01 (43) “Pedestrian" means any person afoot or any person in a wheelchair,
9either manually or mechanically propelled, or other low-powered, mechanically
10propelled vehicle designed specifically for use by a physically disabled person, but
11does not include any person using an electric scooter or an electric personal assistive
12mobility device.
AB159,24 13Section 24 . 340.01 (43m) (b) of the statutes is amended to read:
AB159,9,1414 340.01 (43m) (b) Does not include in-line skates or electric scooters.
AB159,25 15Section 25. 340.01 (74) of the statutes is amended to read:
AB159,9,2016 340.01 (74) “Vehicle" means every device in, upon, or by which any person or
17property is or may be transported or drawn upon a highway, except railroad trains.
18A snowmobile, an all-terrain vehicle, a personal delivery device, an electric scooter,
19and an electric personal assistive mobility device shall not be considered a vehicle
20except for purposes made specifically applicable by statute.
AB159,26 21Section 26 . 340.01 (74p) (c) of the statutes is amended to read:
AB159,9,2222 340.01 (74p) (c) An operator of a moped, electric scooter, or motor bicycle.
AB159,27 23Section 27. 341.058 of the statutes is amended to read:
AB159,10,3
1341.058 Electric scooters and electric personal assistive mobility
2devices.
Electric scooters and electric personal assistive mobility devices, even
3though operated upon a highway of this state, are exempt from registration.
AB159,28 4Section 28. 344.01 (2) (g) of the statutes is amended to read:
AB159,10,85 344.01 (2) (g) “Vehicle" means every device in, upon, or by which any person
6or property is or may be transported or drawn upon a highway, except vehicles used
7exclusively upon stationary rails or tracks and except electric scooters, electric
8personal assistive mobility devices, and personal delivery devices.
AB159,29 9Section 29. 346.02 (12) of the statutes is amended to read:
AB159,10,1810 346.02 (12) Applicability to electric scooters and electric personal
11assistive mobility devices.
An electric scooter and an electric personal assistive
12mobility device shall be considered a vehicle for purposes of ss. 346.04 to 346.10,
13346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.215 (3), 346.23 to 346.28,
14346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 to 346.55,
15346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80, 346.87, 346.88,
16346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those provisions which by
17their express terms apply only to motor vehicles or which by their very nature would
18have no application to electric scooters or electric personal assistive mobility devices.
AB159,30 19Section 30. 346.05 (1m) of the statutes is amended to read:
AB159,10,2320 346.05 (1m) Notwithstanding sub. (1), any person operating a bicycle, electric
21scooter,
or electric personal assistive mobility device may ride on the shoulder of a
22highway unless such riding is prohibited by the authority in charge of the
23maintenance of the highway.
AB159,31 24Section 31. 346.075 (title) of the statutes is amended to read:
AB159,11,2
1346.075 (title) Overtaking and passing bicycles, electric personal
2assistive mobility devices, and motor buses
certain vehicles and devices.
AB159,32 3Section 32. 346.075 (1) of the statutes is amended to read:
AB159,11,94 346.075 (1) The operator of a motor vehicle overtaking a bicycle, electric
5scooter,
or electric personal assistive mobility device proceeding in the same
6direction shall exercise due care, leaving a safe distance, but in no case less than 3
7feet clearance when passing the bicycle, electric scooter, or electric personal assistive
8mobility device, and shall maintain clearance until safely past the overtaken bicycle,
9electric scooter,
or electric personal assistive mobility device.
AB159,33 10Section 33. 346.16 (2) (am) of the statutes is amended to read:
AB159,11,1411 346.16 (2) (am) Notwithstanding s. 349.105 and except as provided in par. (b),
12no person riding an electric scooter or an electric personal assistive mobility device
13may go upon any expressway or freeway when official signs have been erected
14prohibiting persons specified in par. (a) from using the expressway or freeway.
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