SB152,2,4 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:

SB152,1 Section 1. 23.117 (1) of the statutes is amended to read:

SB152,3,2 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.

SB152,2 Section 2. 23.117 (3) of the statutes is amended to read:

SB152,3,6 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.

SB152,3 Section 3. 23.117 (4) of the statutes is amended to read:

SB152,3,13 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.

SB152,4 Section 4. 23.33 (4) (d) 1. of the statutes is amended to read:

SB152,3,20 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.

SB152,5 Section 5. 23.33 (4) (d) 3. a. of the statutes is amended to read:

SB152,4,4 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.

SB152,6 Section 6. 23.33 (11) (am) 3. d. of the statutes is amended to read:

SB152,4,8 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.

SB152,7 Section 7 . 23.335 (1) (hh) of the statutes is created to read:

SB152,4,10 23.335 (1) (hh) “Electric scooter” has the meaning given in s. 340.01 (15ps).

SB152,8 Section 8. 23.335 (10) (a) 1. of the statutes is amended to read:

SB152,4,18 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.

SB152,9 Section 9. 23.335 (10) (a) 2. of the statutes is amended to read: