AB159: Bill Text

2019 Assembly BILL 159

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 An Act to amend 23.117 (1), 23.117 (3), 23.117 (4), 23.33 (4) (d) 1., 23.33 (4) (d) 3. a., 23.33 (11) (am) 3. d., 23.335 (10) (a) 1., 23.335 (10) (a) 2., 23.335 (21) (am) 4., 29.001 (57), 59.84 (2) (j), 66.1001 (2) (c), 83.42 (1), 84.60 (1) (a), 167.31 (1) (h), 194.01 (7), 287.81 (1) (b), 340.01 (5e), 340.01 (5s), 340.01 (35), 340.01 (43), 340.01 (43m) (b), 340.01 (74), 340.01 (74p) (c), 341.058, 344.01 (2) (g), 346.02 (12), 346.05 (1m), 346.075 (title), 346.075 (1), 346.16 (2) (am), 346.23 (1), 346.23 (2), 346.24 (1), 346.24 (2), 346.24 (3), 346.25, 346.28 (2), 346.30 (1) (b) 2., 346.34 (1) (b), 346.36 (2), 346.37 (1) (a) 2., 346.37 (1) (c) 2., 346.37 (1) (c) 3., 346.37 (1) (c) 4., 346.37 (1) (d) 1., 346.37 (1) (d) 2., 346.37 (1) (e) 1., 346.37 (1) (e) 2., 346.37 (3), 346.38 (1), 346.38 (2), 346.43 (1) (b) 2., 346.47 (1), 346.49 (1) (b), 346.49 (1g) (b), 346.49 (2m) (b), 346.54 (1) (e), 346.60 (5) (a), 346.60 (5) (b), 346.71 (2), 346.80 (title), 346.80 (1), 346.80 (2) (a) (intro.), 346.80 (2) (b), 346.80 (2) (c), 346.80 (3) (a), 346.80 (3) (b), 346.80 (4), 346.80 (5), 346.803 (title), 346.803 (1) (intro.), 346.803 (1) (a), 346.803 (2), 346.803 (3), 346.803 (4), 346.804, 346.805, 346.94 (12), 347.02 (1) (i), 347.245 (1), 347.489 (1), 347.489 (2), 347.489 (3), 348.01 (2) (d), 349.015 and 779.41 (2); and to create 23.335 (1) (hh), 340.01 (15ps), 346.94 (18s) and 349.237 of the statutes; relating to: the operation of electric scooters on 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 Section 1. 23.117 (1) of the statutes is amended to read:

AB159,3,2 23.117 (1) No person may operate a bicycle, electric scooter, or electric personal assistive mobility device on a trail in a state park or in the Kettle Moraine state forest unless the department has determined that the trail will be opened for use by bicycles, electric scooters, or electric personal assistive mobility devices and has posted the trail open for such use.

AB159,2 Section 2. 23.117 (3) of the statutes is amended to read:

AB159,3,6 23.117 (3) The department shall patrol on a regular basis the trails in state parks and in the Kettle Moraine state forest that are open to use by bicycles, electric scooters, or electric personal assistive mobility devices.

AB159,3 Section 3. 23.117 (4) of the statutes is amended to read:

AB159,3,13 23.117 (4) Any council that is created by the natural resources board under s. 15.04 (1) (c) to advise the department on the opening of trails in state parks and in the Kettle Moraine state forest for use by bicycles, electric scooters, or electric personal assistive mobility devices shall have its recommendations regarding such use reviewed and approved by the natural resources board before they are implemented.

AB159,4 Section 4. 23.33 (4) (d) 1. of the statutes is amended to read:

AB159,3,20 23.33 (4) (d) 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle or utility terrain vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway.

AB159,5 Section 5. 23.33 (4) (d) 3. a. of the statutes is amended to read:

AB159,4,4 23.33 (4) (d) 3. a. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle or utility terrain vehicle traffic, except as provided in subd. 3. b. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway.

AB159,6 Section 6. 23.33 (11) (am) 3. d. of the statutes is amended to read:

AB159,4,8 23.33 (11) (am) 3. d. Yield the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway or shoulder.

AB159,7 Section 7 . 23.335 (1) (hh) of the statutes is created to read:

AB159,4,10 23.335 (1) (hh) “Electric scooter” has the meaning given in s. 340.01 (15ps).

AB159,8 Section 8. 23.335 (10) (a) 1. of the statutes is amended to read:

AB159,4,18 23.335 (10) (a) 1. Operation on the roadway is necessary to cross the roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, electric scooters, or electric personal assistive mobility devices that are using the roadway.

AB159,9 Section 9. 23.335 (10) (a) 2. of the statutes is amended to read:

AB159,5,3 23.335 (10) (a) 2. Operation on the roadway is necessary to cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to off-highway motorcycle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, electric scooters, or electric personal assistive mobility devices that are using the roadway.

AB159,10 Section 10. 23.335 (21) (am) 4. of the statutes is amended to read:

AB159,5,7 23.335 (21) (am) 4. Yield the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway or shoulder.

AB159,11 Section 11. 29.001 (57) of the statutes is amended to read:

AB159,5,13 29.001 (57) “Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. “Motor vehicle" includes a snowmobile or an all-terrain vehicle. “Motor vehicle" does not include an aircraft, a vehicle operated exclusively on rails, an electric scooter, or an electric personal assistive mobility device.

AB159,12 Section 12 . 59.84 (2) (j) of the statutes is amended to read:

AB159,6,11 59.84 (2) (j) Traffic types and speed limits. After an expressway project has been certified as completed, the public body having jurisdiction over the maintenance thereof shall have the power to regulate the type of vehicular use of such portion of the expressway except as limited by federal and state laws and regulations, and the power to fix speed limits thereon not in excess of the maximum speed limits for state trunk highways, and to provide and enforce reasonable penalties for infraction of such vehicular use regulation or speed limits. Notwithstanding s. 346.16 (2), the use of the expressways by pedestrians, mopeds, motor bicycles, motor scooters, bicycles, electric scooters, electric personal assistive mobility devices, off-road utility vehicles, lightweight utility vehicles as defined in s. 346.94 (21) (a) 2. except when used to cross an expressway, funeral processions, and animals on foot and the hauling of oversized equipment without special permit shall be prohibited when an ordinance in conformity with this section and, with respect to prohibiting the use of electric personal assistive mobility devices, in conformity with s. 349.236 (1) (a) or (b), and with respect to prohibiting the use of electric scooters, in conformity with s. 349.237, is enacted by the board, but a forfeiture provided therein shall not exceed the maximum forfeiture under s. 346.17 (2). The board may not prohibit the towing of disabled vehicles on expressways, except that the board may prohibit the towing of disabled vehicles during the peak hours of 7 a.m. to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county ordinance and except that the board may establish procedures for and may contract for the towing of vehicles which have become disabled on the expressway.

AB159,13 Section 13. 66.1001 (2) (c) of the statutes is amended to read:

AB159,6,24 66.1001 (2) (c) Transportation element. A compilation of objectives, policies, goals, maps and programs to guide the future development of the various modes of transportation, including highways, transit, transportation systems for persons with disabilities, bicycles, electric scooters, electric personal assistive mobility devices, walking, railroads, air transportation, trucking and water transportation. The element shall compare the local governmental unit's objectives, policies, goals and programs to state and regional transportation plans. The element shall also identify highways within the local governmental unit by function and incorporate state, regional and other applicable transportation plans, including transportation corridor plans, county highway functional and jurisdictional studies, urban area and rural area transportation plans, airport master plans and rail plans that apply in the local governmental unit.

AB159,14 Section 14. 83.42 (1) of the statutes is amended to read:

AB159,7,7 83.42 (1) Purpose. In order to create and preserve rustic and scenic roads for vehicular, bicycle, electric scooter, electric personal assistive mobility device, and pedestrian travel in unhurried, quiet and leisurely enjoyment; to protect and preserve recreational driving, culture, beauty, trees, vegetation and wildlife by establishing protective standards of rustic road design, access, speed, maintenance and identification, which will promote a continuous system of rustic roads and scenic easements for the public health and welfare; a state system of rustic roads is created.

AB159,15 Section 15. 84.60 (1) (a) of the statutes is amended to read:

AB159,7,13 84.60 (1) (a) “Bikeway" means a public path, trail, lane or other way, including structures, traffic control devices and related support facilities and parking areas, designated for use by bicycles, electric scooters, electric personal assistive mobility devices, and other vehicles propelled by human power. The term also includes “bicycle lane" as defined in s. 340.01 (5e) and “bicycle way" as defined in s. 340.01 (5s).

AB159,16 Section 16. 167.31 (1) (h) of the statutes is amended to read:

AB159,7,20 167.31 (1) (h) “Vehicle" has the meaning given in s. 340.01 (74), but includes a snowmobile, as defined in s. 340.01 (58a), an all-terrain vehicle, as defined in s. 340.01 (2g), an electric scooter, as defined in s. 340.01 (15ps), and an electric personal assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m) “vehicle" has the meaning given for “motor vehicle" in s. 29.001 (57).

AB159,17 Section 17. 194.01 (7) of the statutes is amended to read:

AB159,7,25 194.01 (7) “Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus, or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle, electric scooter, electric personal assistive mobility device, personal delivery device, or vehicle operated on rails.

AB159,18 Section 18. 287.81 (1) (b) of the statutes is amended to read:

AB159,8,5 287.81 (1) (b) “Vehicle" has the meaning given in s. 340.01 (74), but includes an electric scooter, as defined in s. 340.01 (15ps), an electric personal assistive mobility device, as defined in s. 340.01 (15pm), and an all-terrain vehicle, as defined in s. 340.01 (2g).

AB159,19 Section 19. 340.01 (5e) of the statutes is amended to read:

AB159,8,11 340.01 (5e) “Bicycle lane" means that portion of a roadway set aside by the governing body of any city, town, village, or county for the exclusive use of bicycles, electric scooters, electric personal assistive mobility devices, or other modes of travel where permitted under s. 349.23 (2) (a), and so designated by appropriate signs and pavement markings.

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: