Chapter 137

(House Bill 1192)

An Act to provide for the use of motorized foot scooters.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-26-21.1 be AMENDED.

32-26-21.1. Driving on sidewalk prohibited--Municipal restrictions on bicycle, motorized foot scooter, or electric personal assistive device operation--Violation as misdemeanor.

No person may drive any vehicle other than a bicycle, motorized foot scooter, or an electric personal assistive device upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. The local governing body of a municipality may restrict a bicycle, motorized foot scooter, or an electric personal assistive device from operating upon a sidewalk or sidewalk area. A violation of this section is a Class 2 misdemeanor.

Section 2. That a NEW SECTION be added:

32-26-21.4. Motorized foot scooter defined.

For the purposes of §§ 32-26-21.1 to 32-26-21.5, inclusive, the term, motorized foot scooter, means a wheeled conveyance, with handlebars, designed to be stood or sat upon by the operator, and powered by an electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two twelve inch or smaller diameter wheels and has a motor that is capable of a maximum speed of fifteen miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. An electric bicycle is not a motorized foot scooter.

Section 3. That a NEW SECTION be added:

32-26-21.5. Motorized foot scooter--Exempt from certain vehicle requirements.

A motorized foot scooter is exempt from the provisions of chapters 32-3, 32-5, 32-5A, 32-5B, 32-6B, 32-15, 32-20, 32-37, and 37-5.

Signed March 25, 2021

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.