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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1193
April 9, 2024 - Introduced by Representatives SHELTON, SNODGRASS, ANDRACA,
CLANCY, CONLEY, CONSIDINE, MOORE OMOKUNDE, PALMERI, RATCLIFF, SINICKI,
STUBBS, SUBECK and NEUBAUER, cosponsored by Senators LARSON, AGARD and
SPREITZER. Referred to Committee on Transportation.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 346.23 (1), 346.23 (2), 346.24 (1), 346.24 (2), 346.37 (1) (a) 1.,
346.37 (1) (c) 3., 346.37 (1) (c) 4., 346.37 (1) (d) 1. and 346.37 (1) (e) 1. of the
statutes; relating to: requiring vehicles to stop for pedestrians at certain
intersections and crosswalks.
Analysis by the Legislative Reference Bureau
This bill requires a vehicle operator to stop his or her vehicle and remain
stopped until a pedestrian crossing at a crosswalk has completed crossing the
roadway.
Under current law, the operator of a vehicle is required to yield the
right-of-way to a pedestrian, personal delivery device, bicyclist, or rider of an
electric scooter or electric personal assistive mobility device that is crossing a
highway at an intersection or crosswalk controlled by a traffic signal on a green or
“walk" signal or that is crossing a highway at an intersection or crosswalk not
controlled by a traffic signal within a marked or unmarked crosswalk. “Yield the
right-of-way to a pedestrian" is defined to mean that the operator of a vehicle must
reduce speed, or stop if necessary, to avoid endangering, colliding with, or interfering
with pedestrian travel.
The bill requires that, under these circumstances, rather than yield, the vehicle
operator must stop the vehicle and remain stopped until the pedestrian, personal
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ASSEMBLY BILL 1193
delivery device, bicyclist, or rider of an electric scooter or electric personal assistive
mobility device has completed crossing the roadway.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 346.23 (1) of the statutes is amended to read:
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 stop the vehicle when 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 that 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 and shall remain stopped until the pedestrian,
personal delivery device, bicyclist, or rider of an electric scooter or electric personal
assistive mobility device has completed crossing the roadway. 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 The operator of a vehicle proceeding ahead on
a green signal may begin a and preparing to turn at a controlled intersection or
crosswalk when where a pedestrian, personal delivery device, bicyclist, or rider of an
electric scooter or an electric personal assistive mobility device is crossing in the
crosswalk on a green signal or a pedestrian signal authorizing crossing would be
endangered or interfered with in any way shall stop the vehicle and shall remain
stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric
scooter or electric personal assistive mobility device has completed crossing the
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SECTION 1
ASSEMBLY BILL 1193
roadway. 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).
SECTION 2. 346.23 (2) of the statutes is amended to read:
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 stop the
vehicle when 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 and shall remain stopped
until the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter
or electric personal assistive mobility device has completed crossing the roadway.
SECTION 3. 346.24 (1) of the statutes is amended to read:
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 stop the vehicle when 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 that is consistent with the safe use of the crosswalk by
pedestrians, that is crossing the highway within a marked or unmarked crosswalk
and shall remain stopped until the pedestrian, personal delivery device, bicyclist, or
rider of an electric scooter or electric personal assistive mobility device has completed
crossing the roadway.
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SECTION 4 ASSEMBLY BILL 1193
SECTION 4. 346.24 (2) of the statutes is amended to read:
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 that is so close that it is difficult for the operator of the vehicle to
yield stop.
SECTION 5. 346.37 (1) (a) 1. of the statutes is amended to read:
346.37 (1) (a) 1. Vehicular traffic facing a green signal may proceed straight
through, make a U-turn, or turn right or left unless a sign at such place prohibits
the turning maneuver, but, subject to s. 346.23, vehicular traffic shall yield the
right-of-way to other vehicles and to pedestrians lawfully within the intersection or
an adjacent crosswalk at the time the signal is exhibited.
SECTION 6. 346.37 (1) (c) 3. of the statutes is amended to read:
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 Subject to
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SECTION 6
ASSEMBLY BILL 1193
s. 346.23, 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.
SECTION 7. 346.37 (1) (c) 4. of the statutes is amended to read:
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 Subject to s. 346.23, 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.
SECTION 8. 346.37 (1) (d) 1. of the statutes is amended to read:
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, subject to s. 346.23,
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.
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SECTION 8 ASSEMBLY BILL 1193
When the green arrow signal indicates a right or left turn traffic shall cautiously
enter the intersection.
SECTION 9. 346.37 (1) (e) 1. of the statutes is amended to read:
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,
subject to s. 346.23, 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.
SECTION 10.0Initial applicability.
(1) This act first applies to offenses committed on the effective date of this
subsection but does not preclude the counting of other convictions as prior
convictions for purposes of sentencing by a court, administrative action by the
department of transportation, or suspension or revocation of motor vehicle operating
privileges.
(END)
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