Wisconsin 2019-2020 Regular Session Status: Enacted Bipartisan · 6 D · 6 R cosponsors

AB 132 — Relating to: electric bicycles and providing a penalty. (FE)

Last action — Published 11-21-2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 21 sponsors

    21 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (6 D · 6 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

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Bill Text

What changed in the latest version

197 added · 9 removed

Plain-language change summary

The amendment made to Assembly Bill 132 specifies that electric bicycles with a motor of 750 watts "or less" now fall under the category of motor bicycles. Previously, the law mentioned "less than 750 watts," which could have created some ambiguity. This change clarifies the definition and ensures that users of these bicycles are aware of the exact specifications, helping to enforce safety regulations and ensuring riders comply with traffic laws.

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- 2020 LEGISLATURE LRBa0157/1 EVM:ahe ASSEMBLY AMENDMENT 3, TO ASSEMBLY BILL 132 April 22, 2019 - Offered by RepresentativOHRKASTE and STAFSHOLT.
- 2020 LEGISLATURE LRB-0715/1 EVM:kjf ASSEMBLY BILL 132 March 25, 2019 - Introduced by Representatives ROHRKASTE, GOYKE, ANDERSON , BILLINGS, OWEN , ROWLEY , UCHOW ,H UTTON, AGLER,M YERS,POPE,R AMTHUN , SINICK, S PREITZE, S TEFFEN, SUBECK , SWEARINGEN , C.
At the locations indicated, amend the bill as follows:
TAYLOR, T USLER, VORPAGEL and V RUWINK, cosponsored by Senators R OTH, RISSE, BEWLEY , K OOYENGA, LARSON , M ILLE, O LSEN, RINGHAND and S MITH.
Referred to Committee on Transportation.
A N A CT to repeal 340.01 (30) (b);
to consolidate, renumber and amend 340.01 (30) (intro.) and (a);
to amend 23.335 (1) (q), 70.111 (1), 194.01 (7), 340.01 (29m) (bm), 340.01 (35), 340.01 (74p) (c), 341.05 (23), 346.02 (4) (title) and 346.02 (4) (a);
and to create 340.01 (15ph), 346.806, 347.02 (1) (em), 347.489 (3m) and 349.18 (4) of the statutes;
relating to:
electric bicycles and providing a penalty.
Analysis by the Legislative Reference Bureau This bill regulates the operation of electric bicycles.
Under current law, a motor bicycle is “a bicycle to which a power unit [that is] not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for the operator” or “a 2-wheeled or 3-wheeled vehicle that has fully operative pedals for propulsion by human power and an electric motor of less than 750 watts and that is capable, when powered solely by the motor, of a maximum speed of less than 20 miles per hour with a 170-pound rider on a dry, level, hard surface with no wind.” In general, a motor bicycle is subject to the same rules as other bicycles and an operator of a motor bicycle is subject to the same rules and is afforded the same privileges as operators of other bicycles.
An operator of a motor bicycle, however, must posses a valid operator's license.
This bill eliminates the second type of motor bicycle and establishes a similar definition for electric bicycle.
Unlike an operator of a motor bicycle, however, an operator of an electric bicycle is not required to hold an operator's license.
- 2020 Legislature - 2 - LRB-0715/1 EVM:kjf ASSEMBLY BILL 132 Under this bill, an electric bicycle is “a bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of less than watts.” Electric bicycles are divided into three classes, as follows:
Page 3, line 14:
Class 1 electric bicycles provide assistance only when the rider is pedaling and cease to provide assistance when the bicycle reaches the speed of 20 miles per hour.
delete “less than".
Page 3, line 15:
Class 2 electric bicycles may be powered solely by the motor and are not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
after “watts" insert “or less".
3.
Class 3 electric bicycles provide assistance only when the rider is pedaling and cease to provide assistance when the bicycle reaches the speed of 28 miles per hour.
In general, an electric bicycle is subject to the same rules as other bicycles and an operator of an electric bicycle is subject to the same rules and is afforded the same privileges as operators of other bicycles, with the following exceptions:
1.
Persons under the age of 16 years may not operate a class 3 electric bicycle.
2.
A manufacturer or distributor of an electric bicycle must affix a label containing the classification number of the electric bicycle, the speed at which the motor will cease to provide assistance or power, and the wattage of the motor equipped to the electric bicycle.
3.
Either the motor must cease to provide assistance or power when the brakes are applied or the motor must cease to provide assistance or power when the rider stops pedaling.
4.
A person may not operate a class 3 electric bicycle unless the electric bicycle is equipped with a speedometer.
5.
The Department of Transportation or local authorities may prohibit the operation of electric bicycles, with the power unit in operation, on designated bikeways.
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:
SECTION 1.
23.335 (1) (q) of the statutes is amended to read:
23.335(1) (q) “Off-highway motorcycle" means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway.
“Off-highway motorcycle” does not include an electric bicycle, as defined under s.
340.01 (15ph).
LRB-0715/1 - 2020 Legislature - 3 - EVM:kjf SECTION 2 ASSEMBLY BILL 132 SECTION 2.
70.111 (1) of the statutes is amended to read:
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70.111 (1) EWELRY, HOUSEHOLD FURNISHINGS, AND APPAREPersonal ornaments and jewelry, family portraits, private libraries, musical instruments other than pianos, radio equipment, household furniture, equipment and furnishings, apparel, motor bicycles, electric bicycles,les, and firearms if such items are kept for personal use by the owner and pianos if they are located in a residence.
SECTION 3.
194.01 (7) of the statutes is amended to read:
194.01 (7) “Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus, or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle, electric bicycle, electric personal assistive mobility device, personal delivery device, or vehicle operated on rails.
SECTION 4.
340.01 (15ph) of the statutes is created to read:
340.01 (15ph) “Electric bicycle” means a bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of less than 750 watts and that meets the requirements of any of the following classifications:
(a) Class 1 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(b) Class 2 electric bicycle is an electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(c) Class 3 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.
SECTION 5.
340.01 (29m) (bm) of the statutes is amended to read:
- 2020 Legislature - 4 - LRB-0715/1 EVM:kjf ASSEMBLY BILL 132 SECTION 5 340.01 (29m) (bm) “Moped" does not include a motor bicycle or electric bicycle SECTION 6.
340.01 (30) (intro.) and (a) of the statutes are consolidated, renumbered 340.01 (30) and amended to read:
340.01(30) “Motor bicycle" means any of the following:a bicycle to which a power unit that is an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for the operator.
“Motor bicycle” does not include an electric bicycle.
SECTION 7.
340.01 (30) (b) of the statutes is repealed.
SECTION 8.
340.01 (35) of the statutes is amended to read:
340.01 (35) “Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail.
“Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails.
A snowmobile, an all-terrain vehicle, a utility terrain vehicle, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute.
“Motor vehicle” does not include an electric bicycle.
SECTION 9.
340.01 (74p) (c) of the statutes is amended to read:
340.01 (74p) (c) An operator of a moped, electric bicycle, or motor bicycle.
SECTION 10.
341.05 (23) of the statutes is amended to read:
341.05 (23) The vehicle is a motor bicycle, electricor bicycle, except as provided in s.
349.18.
SECTION 11.
346.02 (4) (title) of the statutes is amended to read:
LRB-0715/1 - 2020 Legislature - 5 - EVM:kjf SECTION 11 ASSEMBLY BILL 132 346.02 (4) (title)PPLICABILITY TO PERSONS RIDING BICYCLES, ELECTRIC BICYCLES, AND MOTOR BICYCLES.
S ECTION 12.
346.02 (4) (a) of the statutes is amended to read:
346.02 (4) (a) Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway or shoulder of a highway is granted all the rights and is subject to all the duties which that this chapter grants or applies to the operator of a vehicle, except those provisions which that by their express terms apply only to motor vehicles or whicht by their very nature would have no application to bicycles.
For purposes of this chapter, provisionthat apply to bicycles also apply to electric bicycles and motor bicycles, except as otherwise expressly provided.
S ECTION 13.
346.806 of the statutes is created to read:
346.806 Special rules applicable to electric bicycles.
(1) Except as otherwise expressly provided, an electric bicycle and an operator of an electric bicycle shall be afforded all the same rights and privileges, and be subject to the same duties, provided in chs.
340 to 351 as a bicycle or an operator of a bicycle.
An electric bicycle shall be considered a vehicle to the same extent as a bicycle.
(2) A person operating an electric bicycle is not subject to the provisions under ch.
341, 342, 343, or 344 relating to financial responsibility, operator's licenses, registration, or certificates of title.
(3) (a) A person may ride, with the power unit in operation, an electric bicycle upon a bikeway, as defined under s.
84.60 (1) (a), under the jurisdiction of the department of natural resources, subject to any restrictions specified in a rule promulgated by the department of natural resources under s.
349.18 (4) (b), or under the jurisdiction of a municipality or county, subject to any restrictions specified in an ordinance enacted under s.
349.18 (4) (a).
- 2020 Legislature - 6 - LRB-0715/1 EVM:kjf ASSEMBLY BILL 132 SECTION 13 (b) Aperson may ride, with the power unit in operation, an electric bicycle upon a bikeway, as defined under s.
84.60 (1) (a), under the jurisdiction of the department, subject to any restrictions specified in a rule promulgated by the department.
(4) No person under the age of 16 years may operate a class 3 electric bicycle.
A person under the age of 16 years may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
SECTION 14.
347.02 (1) (em) of the statutes is created to read:
347.02 (1) (em) Electric bicycles.
SECTION 15.
347.489 (3m) of the statutes is created to read:
347.489 (3m) (a) 1.
After January 1, 2018, a manufacturer or distributor of electric bicycles shall permanently affix to the electric bicycle a label containing all of the following information in Arial font of a minimum size of 9 point:
a.
The classification number of the electric bicycle.
b.
The speed at which the motor will cease to provide assistance or power.
c.
The wattage of the motor equipped to the electric bicycle.
2.
If a person modifies an electric bicycle so as to change the speed at which the motor will cease to provide assistance or power, the person shall prepare and affix to the electric bicycle a revised label satisfying the requirements of subd.
1.
(b) An electric bicycle shall meet the requirements of 16 CFR Part 1512.
(c) An electric bicycle shall operate so that the motor ceases to provide assistance or power when the brakes are applied or the motor ceases to provide assistance or power when the rider stops pedaling.
(d) No person may operate a class 3 electric bicycle unless the electric bicycle is equipped with a speedometer that with reasonable accuracy registers the speed of the electric bicycle in miles per hour.
LRB-0715/1 - 2020 Legislature - 7 - EVM:kjf S ECTION 16 ASSEMBLY BILL 132 SECTION 16.
349.18 (4) of the statutes is created to read:
349.18(4) (a) The governing body of a municipality or county may by ordinance prohibit the operation, with the power unit in operation, of electric bicycles on bikeways, as defined under s.
84.60 (1) (a), under its jurisdiction.
(b) The department of natural resources may promulgate rules prohibiting the operation, with the power unit in operation, of electric bicycles on bikeways, as defined under s.
84.60 (1) (a), under its jurisdiction.
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Action History

  1. Published 11-21-2019

  2. Report approved by the Governor on 11-20-2019. 2019 Wisconsin Act 34

  3. Presented to the Governor on 11-15-2019 by directive of the Speaker

  4. Report correctly enrolled on 10-11-2019

  5. LRB correction

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Placed on calendar 10-8-2019 pursuant to Senate Rule 18(1)

  13. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  14. Available for scheduling

  15. Read first time and referred to committee on Senate Organization

  16. Received from Assembly

  17. Ordered immediately messaged

  18. Read a third time and passed

  19. Rules suspended

  20. Ordered to a third reading

  21. Assembly Amendment 3 adopted

  22. Assembly Amendment 2 adopted

  23. Assembly Amendment 1 adopted

  24. Read a second time

  25. Placed on calendar 6-20-2019 by Committee on Rules

  26. Referred to committee on Rules

  27. Report passage as amended recommended by Committee on Transportation, Ayes 13, Noes 0

  28. Report Assembly Amendment 3 adoption recommended by Committee on Transportation, Ayes 13, Noes 0

  29. Report Assembly Amendment 2 adoption recommended by Committee on Transportation, Ayes 13, Noes 0

  30. Report Assembly Amendment 1 adoption recommended by Committee on Transportation, Ayes 13, Noes 0

  31. Executive action taken

  32. Representative Allen added as a coauthor

  33. Representative Skowronski added as a coauthor

  34. Public hearing held

  35. Assembly Amendment 3 offered by Representatives Rohrkaste and Stafsholt

  36. Fiscal estimate received

  37. Representative Stubbs added as a coauthor

  38. Assembly Amendment 2 offered by Representative Rohrkaste

  39. Assembly Amendment 1 offered by Representative Rohrkaste

  40. Read first time and referred to Committee on Transportation

  41. Introduced by Representatives Rohrkaste, Goyke, Anderson, Billings, Bowen, Crowley, Duchow, Hutton, Jagler, Myers, Pope, Ramthun, Sinicki, Spreitzer, Steffen, Subeck, Swearingen, C. Taylor, Tusler, Vorpagel and Vruwink; cosponsored by Senators Roth, Risser, Bewley, Kooyenga, Larson, Miller, Olsen, Ringhand and Smith

Sponsors

Sponsorship breakdown

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21 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (21)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 132?
AB 132 is sponsored by Rohrkaste, Goyke, Billings, Jill (Democrat), Bowen, Crowley, Duchow, Cindi (Republican), Hutton, Rob (Republican), Jagler, John (Republican), Myers, Pope, Ramthun, Sinicki, Christine (Democrat), Spreitzer, Mark (Democrat), Steffen, David (Republican), Subeck, Lisa (Democrat), Swearingen, Rob (Republican), Tusler, Ron (Republican), Vorpagel, Vruwink, Taylor, Sequanna (Democrat), and Anderson, Clinton (Democrat).
What is the current status of AB 132?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
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