Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1097 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 1097
5	5	March 27, 2024 - Introduced by Senators L ARSON, AGARD and SPREITZER,
6	6	cosponsored by Representatives SHELTON, SNODGRASS, ANDRACA, CLANCY,
7	7	CONLEY, CONSIDINE, MOORE OMOKUNDE, PALMERI, RATCLIFF, SINICKI, STUBBS and
8	8	SUBECK. Referred to Committee on Judiciary and Public Safety.
9	9	AN ACT to amend 346.23 (1), 346.23 (2), 346.24 (1), 346.24 (2), 346.37 (1) (a) 1.,
10	10	346.37 (1) (c) 3., 346.37 (1) (c) 4., 346.37 (1) (d) 1. and 346.37 (1) (e) 1. of the
11	11	statutes; relating to: requiring vehicles to stop for pedestrians at certain
12	12	intersections and crosswalks.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires a vehicle operator to stop his or her vehicle and remain
15	15	stopped until a pedestrian crossing at a crosswalk has completed crossing the
16	16	roadway.
17	17	Under current law, the operator of a vehicle is required to yield the
18	18	right-of-way to a pedestrian, personal delivery device, bicyclist, or rider of an
19	19	electric scooter or electric personal assistive mobility device that is crossing a
20	20	highway at an intersection or crosswalk controlled by a traffic signal on a green or
21	21	“walk" signal or that is crossing a highway at an intersection or crosswalk not
22	22	controlled by a traffic signal within a marked or unmarked crosswalk. “Yield the
23	23	right-of-way to a pedestrian" is defined to mean that the operator of a vehicle must
24	24	reduce speed, or stop if necessary, to avoid endangering, colliding with, or interfering
25	25	with pedestrian travel.
26	26	The bill requires that, under these circumstances, rather than yield, the vehicle
27	27	operator must stop the vehicle and remain stopped until the pedestrian, personal
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33	33	SENATE BILL 1097
34	34	delivery device, bicyclist, or rider of an electric scooter or electric personal assistive
35	35	mobility device has completed crossing the roadway.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 346.23 (1) of the statutes is amended to read:
39	39	346.23 (1) At an intersection or crosswalk where traffic is controlled by traffic
40	40	control signals or by a traffic officer, the operator of a vehicle shall yield the
41	41	right-of-way to stop the vehicle when a pedestrian or personal delivery device, or to
42	42	a person who is riding a bicycle, electric scooter, or electric personal assistive mobility
43	43	device in a manner which that is consistent with the safe use of the crosswalk by
44	44	pedestrians, that has started to cross the highway on a green signal or a pedestrian
45	45	signal authorizing crossing and in and shall remain stopped until the pedestrian,
46	46	personal delivery device, bicyclist, or rider of an electric scooter or electric personal
47	47	assistive mobility device has completed crossing the roadway. In all other cases,
48	48	pedestrians, bicyclists, and riders of electric scooters and electric personal assistive
49	49	mobility devices shall yield, and personal delivery device operators shall ensure that
50	50	personal delivery devices yield, the right-of-way to vehicles lawfully proceeding
51	51	directly ahead on a green signal. No The operator of a vehicle proceeding ahead on
52	52	a green signal may begin a and preparing to turn at a controlled intersection or
53	53	crosswalk when where a pedestrian, personal delivery device, bicyclist, or rider of an
54	54	electric scooter or an electric personal assistive mobility device is crossing in the
55	55	crosswalk on a green signal or a pedestrian signal authorizing crossing would be
56	56	endangered or interfered with in any way shall stop the vehicle and shall remain
57	57	stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric
58	58	scooter or electric personal assistive mobility device has completed crossing the
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80	80	LRB-6017/1
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82	82	SECTION 1
83	83	SENATE BILL 1097
84	84	roadway. The rules stated in this subsection are modified at intersections or
85	85	crosswalks on divided highways or highways provided with safety zones in the
86	86	manner and to the extent stated in sub. (2).
87	87	SECTION 2. 346.23 (2) of the statutes is amended to read:
88	88	346.23 (2) At intersections or crosswalks on divided highways or highways
89	89	provided with safety zones where traffic is controlled by traffic control signals or by
90	90	a traffic officer, the operator of a vehicle shall yield the right-of-way to stop the
91	91	vehicle when a pedestrian, personal delivery device, bicyclist, or rider of an electric
92	92	scooter or an electric personal assistive mobility device that has started to cross the
93	93	roadway either from the near curb or shoulder or from the center dividing strip or
94	94	a safety zone with the green signal or a pedestrian signal authorizing crossing in the
95	95	favor of the pedestrian, personal delivery device, bicyclist, or rider of an electric
96	96	scooter or an electric personal assistive mobility device and shall remain stopped
97	97	until the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter
98	98	or electric personal assistive mobility device has completed crossing the roadway.
99	99	SECTION 3. 346.24 (1) of the statutes is amended to read:
100	100	346.24 (1) At an intersection or crosswalk where traffic is not controlled by
101	101	traffic control signals or by a traffic officer, the operator of a vehicle shall yield the
102	102	right-of-way to stop the vehicle when a pedestrian or personal delivery device, or to
103	103	a person riding a bicycle, electric scooter, or electric personal assistive mobility device
104	104	in a manner which that is consistent with the safe use of the crosswalk by
105	105	pedestrians, that is crossing the highway within a marked or unmarked crosswalk
106	106	and shall remain stopped until the pedestrian, personal delivery device, bicyclist, or
107	107	rider of an electric scooter or electric personal assistive mobility device has completed
108	108	crossing the roadway.
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135	135	SECTION 4 SENATE BILL 1097
136	136	SECTION 4. 346.24 (2) of the statutes is amended to read:
137	137	346.24 (2) No pedestrian, personal delivery device, bicyclist, or rider of an
138	138	electric scooter or an electric personal assistive mobility device may suddenly leave,
139	139	and no personal delivery device operator may allow a personal delivery device to
140	140	suddenly leave, a curb or other place of safety and walk, run, or ride into the path
141	141	of a vehicle which that is so close that it is difficult for the operator of the vehicle to
142	142	yield stop.
143	143	SECTION 5. 346.37 (1) (a) 1. of the statutes is amended to read:
144	144	346.37 (1) (a) 1. Vehicular traffic facing a green signal may proceed straight
145	145	through, make a U-turn, or turn right or left unless a sign at such place prohibits
146	146	the turning maneuver, but, subject to s. 346.23, vehicular traffic shall yield the
147	147	right-of-way to other vehicles and to pedestrians lawfully within the intersection or
148	148	an adjacent crosswalk at the time the signal is exhibited.
149	149	SECTION 6. 346.37 (1) (c) 3. of the statutes is amended to read:
150	150	346.37 (1) (c) 3. Vehicular traffic facing a red signal at an intersection may, after
151	151	stopping as required under subd. 1., cautiously enter the intersection to make a right
152	152	turn into the nearest lawfully available lane for traffic moving to the right or to turn
153	153	left from a one-way highway into the nearest lawfully available lane of a one-way
154	154	highway on which vehicular traffic travels to the left. Vehicular traffic in the leftmost
155	155	right-turn lane of a roadway that provides 2 right-turn lanes may make a right turn
156	156	on a red signal into a lawfully available lane that is 2nd to the rightmost lane for
157	157	traffic moving to the right. Except for a vehicle turning right from the leftmost
158	158	right-turn lane of a roadway that provides 2 right-turn lanes, no turn may be made
159	159	on a red signal if lanes of moving traffic are crossed. No turn may be made on a red
160	160	signal if a sign at the intersection prohibits the turn on a red signal. In Subject to
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188	188	SECTION 6
189	189	SENATE BILL 1097
190	190	s. 346.23, in making a turn on a red signal vehicular traffic shall yield the
191	191	right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of
192	192	electric scooters and electric personal assistive mobility devices lawfully within a
193	193	crosswalk, to operators of vehicles making a lawful U-turn, and to other traffic
194	194	lawfully using the intersection.
195	195	SECTION 7. 346.37 (1) (c) 4. of the statutes is amended to read:
196	196	346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle,
197	197	or bicycle facing a red signal at an intersection may, after stopping as required under
198	198	subd. 1. for not less than 45 seconds, proceed cautiously through the intersection
199	199	before the signal turns green if no other vehicles are present at the intersection to
200	200	actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle
201	201	reasonably believes the signal is vehicle actuated. The Subject to s. 346.23, the
202	202	operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red
203	203	signal under this subdivision shall yield the right-of-way to any vehicular traffic,
204	204	pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an
205	205	electric personal assistive mobility device proceeding through a green signal at the
206	206	intersection or lawfully within a crosswalk or using the intersection. This
207	207	subdivision does not affect any authorization for a bicyclist under subd. 2.
208	208	SECTION 8. 346.37 (1) (d) 1. of the statutes is amended to read:
209	209	346.37 (1) (d) 1. Vehicular traffic facing a green arrow signal may enter the
210	210	intersection to make the movement indicated by the arrow but, subject to s. 346.23,
211	211	shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and
212	212	riders of electric scooters and electric personal assistive mobility devices lawfully
213	213	within a crosswalk and to other traffic lawfully using the intersection. Vehicular
214	214	traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns.
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241	241	SECTION 8 SENATE BILL 1097
242	242	When the green arrow signal indicates a right or left turn traffic shall cautiously
243	243	enter the intersection.
244	244	SECTION 9. 346.37 (1) (e) 1. of the statutes is amended to read:
245	245	346.37 (1) (e) 1. Vehicular traffic facing a flashing yellow arrow signal may
246	246	cautiously enter the intersection to make the movement indicated by the arrow but,
247	247	subject to s. 346.23, shall yield the right-of-way to pedestrians, personal delivery
248	248	devices, bicyclists, and riders of electric scooters and electric personal assistive
249	249	mobility devices lawfully within a crosswalk and to other traffic lawfully using the
250	250	intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless
251	251	a sign prohibits U-turns.
252	252	SECTION 10.0Initial applicability.
253	253	(1) This act first applies to offenses committed on the effective date of this
254	254	subsection but does not preclude the counting of other convictions as prior
255	255	convictions for purposes of sentencing by a court, administrative action by the
256	256	department of transportation, or suspension or revocation of motor vehicle operating
257	257	privileges.
258	258	(END)
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