LRBs0381/1
ARG:sac:rs
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 388
March 18, 2014 - Offered by Representative Bies.
AB388-ASA1,1,2 1An Act to create 38.04 (4) (e) 7., 115.28 (11) (g), 340.01 (74p) and 343.71 (5) (g)
2of the statutes; relating to: driver education instruction.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Public Instruction (DPI) must approve
driver education courses offered by school districts, county children with disabilities
education boards, and technical college districts. DPI must also establish minimum
standards for driver education courses offered by private driver schools. DPI may
not approve a driver education course or establish driver education course standards
unless the course or standards include certain content, such as acquainting students
with the hazards posed by farm machinery and animals on highways and by railroad
grade crossings and providing instruction in safely dealing with these hazards.
Under current law, the Technical College System Board (TCSB) must approve
courses of study for each program offered in technical college district schools,
including driver education courses. TCSB may not approve a driver education course
unless the course includes certain content, such as acquainting students with the
hazards posed by farm machinery and animals on highways and by railroad grade
crossings and providing instruction in safely dealing with these hazards. The
Department of Transportation (DOT) licenses private driver schools and DOT may
not license a driver school unless its course of instruction includes the content
required for TCSB approval of a driver education course.
Under this substitute amendment, all approved driver education courses must
acquaint each student with the hazards posed by motor vehicles to vulnerable

highway users and provide at least 30 minutes of instruction in safely dealing with
these hazards. The substitute amendment defines "vulnerable highway user" as any
of the following: 1) a pedestrian; 2) a bicyclist; 3) an operator of a moped or motor
bicycle; 4) an operator of, or passenger on, an animal-drawn vehicle, farm tractor,
farm truck tractor, farm trailer, or implement of husbandry; 5) a person riding upon
in-line skates, a horse, or a play vehicle; 6) a law enforcement officer, traffic officer,
fire fighter, or emergency medical technician, while performing his or her official
duties; or 7) a person who is rendering medical or emergency assistance to another
person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB388-ASA1,1 1Section 1. 38.04 (4) (e) 7. of the statutes is created to read:
AB388-ASA1,2,42 38.04 (4) (e) 7. Acquaints each student with the hazards posed by motor
3vehicles to vulnerable highway users, as defined in s. 340.01 (74p), and provides at
4least 30 minutes of instruction in safely dealing with these hazards.
AB388-ASA1,2 5Section 2. 115.28 (11) (g) of the statutes is created to read:
AB388-ASA1,2,86 115.28 (11) (g) Acquaint each student with the hazards posed by motor vehicles
7to vulnerable highway users, as defined in s. 340.01 (74p), and provide at least 30
8minutes of instruction in safely dealing with these hazards.
AB388-ASA1,3 9Section 3. 340.01 (74p) of the statutes is created to read:
AB388-ASA1,2,1010 340.01 (74p) "Vulnerable highway user" means any of the following:
AB388-ASA1,2,1111 (a) A pedestrian.
AB388-ASA1,2,1212 (b) A bicyclist.
AB388-ASA1,2,1313 (c) An operator of a moped or motor bicycle.
AB388-ASA1,2,1514 (d) An operator of, or passenger on, an animal-drawn vehicle, farm tractor,
15farm truck tractor, farm trailer, or implement of husbandry.
AB388-ASA1,2,1616 (e) A person riding upon in-line skates, a horse, or a play vehicle.
AB388-ASA1,3,2
1(f) A law enforcement officer, traffic officer, fire fighter, or emergency medical
2technician, while performing his or her official duties.
AB388-ASA1,3,43 (g) A person who is rendering medical or emergency assistance to another
4person.
AB388-ASA1,4 5Section 4. 343.71 (5) (g) of the statutes is created to read:
AB388-ASA1,3,86 343.71 (5) (g) Acquaints each student with the hazards posed by motor vehicles
7to vulnerable highway users and provides at least 30 minutes of instruction in safely
8dealing with these hazards.
AB388-ASA1,5 9Section 5. Initial applicability.
AB388-ASA1,3,1210 (1) The treatment of sections 38.04 (4) (e) 7., 115.28 (11) (g), and 343.71 (5) (g)
11of the statutes first applies to driver education courses that begin on the effective
12date of this subsection.
AB388-ASA1,6 13Section 6. Effective date.
AB388-ASA1,3,1514 (1) This act takes effect on the first day of the 4th month beginning after
15publication.
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