Bill Summary – FastDemocracy

2023 - 2024 LEGISLATURE
                                                                             LRB-3868/1
                                                                               EVM:skw
                  2023 ASSEMBLY BILL 448
    September 28, 2023 - Introduced by Representatives JOERS, GUSTAFSON,
         SNODGRASS, EMERSON, MYERS, C. ANDERSON, SHELTON, SINICKI, OHNSTAD,
         BALDEH, J. ANDERSON, CONSIDINE, HONG, JACOBSON and CLANCY, cosponsored
         by Senators LARSON, CABRAL-GUEVARA, BALLWEG, TAYLOR and ROYS. Referred
         to Committee on Transportation.
1   AN ACT to amend 340.01 (43m) (a) and (b), 340.01 (74p) (e), 346.94 (11), 346.94
2        (17), 348.01 (2) (d) and 349.235 of the statutes; relating to: use of skateboards
3        on roadways.
                      Analysis by the Legislative Reference Bureau
          Under current law, a person may not ride a play vehicle on a roadway except
    while crossing at a crosswalk. “Play vehicle" is defined as “a coaster, skate board,
    roller skates, sled, toboggan, unicycle or toy vehicle upon which a person may ride."
    Under this bill, skateboards are removed from the definition of “play vehicle" and are
    therefore not subject to the regulations that apply to play vehicles.
          Also under current law, a person may not ride in-line skates on a roadway
    under the jurisdiction of the Department of Transportation, but may ride in-line
    skates on other roadways subject to any restrictions imposed by the local authority
    having jurisdiction over the roadway. Under the bill, skateboards are similarly
    authorized to operate on roadways under the jurisdiction of a local authority subject
    to restrictions imposed by the local authority.
    The people of the state of Wisconsin, represented in senate and assembly, do
        enact as follows:
4        SECTION 1. 340.01 (43m) (a) and (b) of the statutes are amended to read:
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     ASSEMBLY BILL 448                                                          SECTION 1
 1        340.01 (43m) (a) Means a coaster, skate board, roller skates, sled, toboggan,
 2   unicycle, or toy vehicle upon which a person may ride.
 3        (b) Does not include in-line skates, skateboards, or electric scooters.
 4        SECTION 2. 340.01 (74p) (e) of the statutes is amended to read:
 5        340.01 (74p) (e) A person riding upon in-line skates, a skateboard, a horse, or
 6   a play vehicle.
 7        SECTION 3. 346.94 (11) of the statutes is amended to read:
 8        346.94 (11)    TOWING   SLEDS, ETC.   No person shall operate any vehicle or
 9   combination of vehicles upon a highway when such vehicle or combination of vehicles
10   is towing any toboggan, sled, skis, bicycle, skates, skateboard, or toy vehicle bearing
11   any person.
12        SECTION 4. 346.94 (17) of the statutes is amended to read:
13        346.94 (17) IN-LINE SKATES AND SKATEBOARDS ON ROADWAY. (a) A person riding
14   upon in-line skates or a skateboard may go upon any roadway under the jurisdiction
15   of a local authority, subject to any restrictions specified by municipal ordinance
16   enacted under s. 349.235.
17        (b) Any person riding upon in-line skates or a skateboard upon any roadway
18   shall ride in a careful and prudent manner and with due regard under the
19   circumstances for the safety of all persons using the roadway.
20        (c) Notwithstanding any other provision of this subsection or s. 349.235, no
21   person riding upon in-line skates or a skateboard may attach the in-line skates or
22   skateboard or himself or herself to any vehicle upon a roadway or, except while
23   crossing a roadway at a crosswalk, go upon any roadway under the jurisdiction of the
24   department.
25        SECTION 5. 348.01 (2) (d) of the statutes is amended to read:
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     ASSEMBLY BILL 448                                                            SECTION 5
 1        348.01 (2) (d) “Vehicle for recreational use" includes a bicycle, moped, motor
 2   bicycle, motorcycle, all-terrain vehicle, utility terrain vehicle, snowmobile, boat, as
 3   defined in s. 30.50 (2), sailboard, as defined in s. 30.50 (11), personal watercraft,
 4   electric scooter, or electric personal assistive mobility device, but does not include an
 5   automobile, motor truck, motor home, play vehicle, skateboard, or in-line skates.
 6        SECTION 6. 349.235 of the statutes is amended to read:
 7        349.235 Authority to restrict use of in-line skates or skateboards on
 8   roadway. (1) The governing body of any city, town, village, or county may by
 9   ordinance restrict the use of in-line skates or skateboards on any roadway under its
10   jurisdiction. No ordinance may restrict any person from riding upon in-line skates
11   or a skateboard while crossing a roadway at a crosswalk.
12        (2) The department of natural resources may promulgate rules designating
13   roadways under its jurisdiction upon which in-line skates or skateboards may be
14   used, except that no rule may permit a person using in-line skates or a skateboard
15   to attach the skates or the skateboard or himself or herself to any vehicle upon a
16   roadway.
17        SECTION 7.0Initial applicability.
18        (1) This act first applies to skateboards used on a roadway on the effective date
19   of this subsection.
20                                         (END)
Statutes affected: 
Bill Text: 340.01(74p)(e), 340.01, 346.94(11), 346.94, 346.94(17), 348.01(2)(d), 348.01, 349.235