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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 448
September 28, 2023 - Introduced by Representatives J OERS, 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.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 340.01 (43m) (a) and (b), 340.01 (74p) (e), 346.94 (11), 346.94
(17), 348.01 (2) (d) and 349.235 of the statutes; relating to: use of skateboards
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:
SECTION 1. 340.01 (43m) (a) and (b) of the statutes are amended to read:
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SECTION 1 ASSEMBLY BILL 448
340.01 (43m) (a) Means a coaster, skate board, roller skates, sled, toboggan,
unicycle, or toy vehicle upon which a person may ride.
(b) Does not include in-line skates, skateboards, or electric scooters.
SECTION 2. 340.01 (74p) (e) of the statutes is amended to read:
340.01 (74p) (e) A person riding upon in-line skates, a skateboard, a horse, or
a play vehicle.
SECTION 3. 346.94 (11) of the statutes is amended to read:
346.94 (11) TOWING SLEDS, ETC. No person shall operate any vehicle or
combination of vehicles upon a highway when such vehicle or combination of vehicles
is towing any toboggan, sled, skis, bicycle, skates, skateboard, or toy vehicle bearing
any person.
SECTION 4. 346.94 (17) of the statutes is amended to read:
346.94 (17) IN-LINE SKATES AND SKATEBOARDS ON ROADWAY. (a) A person riding
upon in-line skates or a skateboard may go upon any roadway under the jurisdiction
of a local authority, subject to any restrictions specified by municipal ordinance
enacted under s. 349.235.
(b) Any person riding upon in-line skates or a skateboard upon any roadway
shall ride in a careful and prudent manner and with due regard under the
circumstances for the safety of all persons using the roadway.
(c) Notwithstanding any other provision of this subsection or s. 349.235, no
person riding upon in-line skates or a skateboard may attach the in-line skates or
skateboard or himself or herself to any vehicle upon a roadway or, except while
crossing a roadway at a crosswalk, go upon any roadway under the jurisdiction of the
department.
SECTION 5. 348.01 (2) (d) of the statutes is amended to read:
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SECTION 5
ASSEMBLY BILL 448
348.01 (2) (d) “Vehicle for recreational use" includes a bicycle, moped, motor
bicycle, motorcycle, all-terrain vehicle, utility terrain vehicle, snowmobile, boat, as
defined in s. 30.50 (2), sailboard, as defined in s. 30.50 (11), personal watercraft,
electric scooter, or electric personal assistive mobility device, but does not include an
automobile, motor truck, motor home, play vehicle, skateboard, or in-line skates.
SECTION 6. 349.235 of the statutes is amended to read:
349.235 Authority to restrict use of in-line skates or skateboards on
roadway. (1) The governing body of any city, town, village, or county may by
ordinance restrict the use of in-line skates or skateboards on any roadway under its
jurisdiction. No ordinance may restrict any person from riding upon in-line skates
or a skateboard while crossing a roadway at a crosswalk.
(2) The department of natural resources may promulgate rules designating
roadways under its jurisdiction upon which in-line skates or skateboards may be
used, except that no rule may permit a person using in-line skates or a skateboard
to attach the skates or the skateboard or himself or herself to any vehicle upon a
roadway.
SECTION 7.0Initial applicability.
(1) This act first applies to skateboards used on a roadway on the effective date
of this subsection.
(END)
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