Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1039 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 ASSEMBLY BILL 1039
5	5	February 1, 2024 - Introduced by Representatives MURSAU, EDMING, O'CONNOR,
6	6	OLDENBURG, SCHMIDT and TRANEL, cosponsored by Senators MARKLEIN,
7	7	BALLWEG, COWLES, JAMES and TESTIN. Referred to Committee on Sporting
8	8	Heritage.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 23.33 (11) (am) 3. c.; to renumber 23.33 (1) (ja), 23.33 (1) (jc),
11	11	23.33 (1) (jd) and 23.33 (1) (je); to renumber and amend 23.33 (11m); to
12	12	amend 23.33 (3) (a), 23.33 (4) (d) 3. b., 23.33 (11) (am) 3. (intro.), 23.33 (11) (am)
13	13	4., 340.01 (3) (a), 340.01 (3) (b), 340.01 (3) (c), 340.01 (3) (d), 340.01 (3) (dg),
14	14	340.01 (3) (dh) and 340.01 (3) (dm) (intro.); and to create 23.33 (1) (jb), 23.33
15	15	(1) (jf), 23.33 (1) (jg), 23.33 (1) (jh), 23.33 (4) (d) 8., 23.33 (11m) (b), 23.33 (13) (g)
16	16	and 340.01 (37r) of the statutes; relating to: operation of all-terrain and utility
17	17	terrain vehicles, off-highway motorcycles, and snowmobiles and revision of the
18	18	Department of Transportation highway maintenance manual.
19	19	Analysis by the Legislative Reference Bureau
20	20	This bill makes numerous changes to laws relating to all-terrain vehicles
21	21	(ATVs), utility terrain vehicles (UTVs), off-highway motorcycles (OHMs), and
22	22	snowmobiles.
23	23	Careless operation of an ATV or UTV
24	24	Current law prohibits a person from operating an ATV or UTV in any careless
25	25	way that endangers the person or property of another. The bill prohibits a person
26	26	from operating an ATV or UTV in any careless, reckless, or negligent manner so as
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37	37	ASSEMBLY BILL 1039
38	38	to impair the life, person, or property of another. Under the bill, for a violation of this
39	39	prohibition that results in impairment of the property of another, the court may hold
40	40	the defendant liable for treble damages, to be recovered by the person responsible for
41	41	maintenance of the property, and may order the defendant to restore, rebuild, repair,
42	42	or replace the property.
43	43	ATV and UTV operation on bridges
44	44	Under current law generally, a person may not operate an ATV or UTV on a
45	45	highway. However, a person may operate an ATV or UTV on the shoulder or roadway
46	46	of a highway to cross a bridge that is no more than 1,000 feet long if the operation
47	47	complies with a local ordinance that applies to the bridge. Current law requires that
48	48	such an ordinance requires a person to stop his or her ATV or UTV before crossing
49	49	the bridge. The bill eliminates the 1,000-foot limitation and the requirement that
50	50	a person stop before crossing the bridge.
51	51	Ordinances authorizing ATV and UTV operation on highways
52	52	Under current law, a city, village, or town (municipality) may enact an
53	53	ordinance to authorize the operation of ATVs and UTVs on a highway with a speed
54	54	limit of 35 miles per hour or less that is located within the territorial boundaries of
55	55	the municipality, regardless of whether the municipality has jurisdiction over the
56	56	highway. The bill eliminates the requirement that the highway have a speed limit
57	57	of 35 miles per hour or less.
58	58	Emergency operation of ATVs and UTVs
59	59	The bill provides that ATVs and UTVs may be operated on any roadway if the
60	60	operation is for emergency purposes during a period of emergency declared by the
61	61	governmental agency having jurisdiction over the roadway.
62	62	Authorized emergency vehicles
63	63	Under current law, “authorized emergency vehicle” is defined to include
64	64	vehicles operated by various entities, such as law enforcement officers, fire
65	65	departments, conservation wardens, and ambulance services. The bill expands the
66	66	definition of “authorized emergency vehicle” to include ATVs, UTVs, and
67	67	snowmobiles operated by these same entities and to include off-highway
68	68	motorcycles operated by law enforcement officers and conservation wardens.
69	69	Patrol vehicles
70	70	The bill creates definitions for “patrol all-terrain vehicle,” “patrol utility
71	71	terrain vehicle,” “patrol off-highway motorcycle,” and “patrol snowmobile,” which
72	72	are ATVs, UTVs, OHMs, and snowmobiles that are owned or leased by a city, village,
73	73	town, county, state agency, federal agency, federally recognized American Indian
74	74	tribe, or public safety corporation, used for law enforcement, fire fighting, or
75	75	emergency medical response, and equipped with required sirens and lights. The bill
76	76	exempts patrol ATVs, UTVs, OHMs, and snowmobiles from certain operation
77	77	limitations such speed and proximity to highways while responding to emergencies
78	78	or violations of the law, subject to specified use of sirens and lights.
79	79	Revision to highway maintenance manual
80	80	Under current law, no state trunk highway or connecting highway may be
81	81	designated as an ATV route without DOT approval. DOT standards for ATV route - 3 -2023 - 2024 Legislature
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84	84	ASSEMBLY BILL 1039
85	85	approval are detailed in DOT's Highway Maintenance Manual (HMM), which
86	86	includes policies, technical information, administrative direction, and operational
87	87	information for administration of DOT's highway maintenance program. The HMM
88	88	currently provides that requests for ATV routes or trails to use short segments of
89	89	state trunk highways for the purpose of connecting to businesses may not be
90	90	approved. The bill requires DOT to revise the HMM to remove these provisions.
91	91	The people of the state of Wisconsin, represented in senate and assembly, do
92	92	enact as follows:
93	93	SECTION 1. 23.33 (1) (ja) of the statutes is renumbered 23.33 (1) (ji).
94	94	SECTION 2. 23.33 (1) (jb) of the statutes is created to read:
95	95	23.33 (1) (jb) “Patrol all-terrain vehicle” means an all-terrain vehicle that is
96	96	owned or leased by a city, village, town, county, state agency, federal agency, federally
97	97	recognized American Indian tribe, or public safety corporation, used for law
98	98	enforcement, fire fighting, or emergency medical response, and equipped with a siren
99	99	and one or more flashing, oscillating, or rotating red lights, or red and white lights
100	100	or, if the all-terrain vehicle is operated by a law enforcement officer, a blue light or
101	101	a blue and white light, and a red light or a red and white light, all of which are
102	102	flashing, oscillating, or rotating.
103	103	SECTION 3. 23.33 (1) (jc) of the statutes is renumbered 23.33 (1) (jj).
104	104	SECTION 4. 23.33 (1) (jd) of the statutes is renumbered 23.33 (1) (jk).
105	105	SECTION 5. 23.33 (1) (je) of the statutes is renumbered 23.33 (1) (jL).
106	106	SECTION 6. 23.33 (1) (jf) of the statutes is created to read:
107	107	23.33 (1) (jf) “Patrol off-highway motorcycle” means an off-highway
108	108	motorcycle, as defined in s. 23.335 (1) (q), that is owned or leased by a city, village,
109	109	town, county, state agency, federal agency, federally recognized American Indian
110	110	tribe, or public safety corporation, used for law enforcement, fire fighting, or
111	111	emergency medical response, and equipped with a siren and one or more flashing,
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132	132	SECTION 6 ASSEMBLY BILL 1039
133	133	oscillating, or rotating red lights, or red and white lights or, if the off-highway
134	134	motorcycle is operated by a law enforcement officer, a blue light or a blue and white
135	135	light, and a red light or a red and white light, all of which are flashing, oscillating,
136	136	or rotating.
137	137	SECTION 7. 23.33 (1) (jg) of the statutes is created to read:
138	138	23.33 (1) (jg) “Patrol snowmobile” means a snowmobile, as defined in s. 340.01
139	139	(58a), that is owned or leased by a city, village, town, county, state agency, federal
140	140	agency, federally recognized American Indian tribe, or public safety corporation,
141	141	used for law enforcement, fire fighting, or emergency medical response, and
142	142	equipped with a siren and one or more flashing, oscillating, or rotating red lights, or
143	143	red and white lights or, if the snowmobile is operated by a law enforcement officer,
144	144	a blue light or a blue and white light, and a red light or a red and white light, all of
145	145	which are flashing, oscillating, or rotating.
146	146	SECTION 8. 23.33 (1) (jh) of the statutes is created to read:
147	147	23.33 (1) (jh) “Patrol utility terrain vehicle” means a utility terrain vehicle that
148	148	is owned or leased by a city, village, town, county, state agency, federal agency,
149	149	federally recognized American Indian tribe, or public safety corporation, used for law
150	150	enforcement, fire fighting, or emergency medical response, and equipped with a siren
151	151	and one or more flashing, oscillating, or rotating red lights, or red and white lights
152	152	or, if the utility terrain vehicle is operated by a law enforcement officer, a blue light
153	153	or a blue and white light, and a red light or a red and white light, all of which are
154	154	flashing, oscillating, or rotating.
155	155	SECTION 9. 23.33 (3) (a) of the statutes is amended to read:
156	156	23.33 (3) (a) In any careless way, reckless, or negligent manner so as to
157	157	endanger impair the life, person, or property of another.
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185	185	SECTION 10
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187	187	SECTION 10. 23.33 (4) (d) 3. b. of the statutes is amended to read:
188	188	23.33 (4) (d) 3. b. A person may operate an all-terrain vehicle or utility terrain
189	189	vehicle on the roadway or shoulder of any highway to cross a bridge that is 1,000 feet
190	190	in length or less if the operation is in compliance with a county ordinance adopted
191	191	under sub. (11) (am) 3. that applies to that bridge and a city, village, or town
192	192	ordinance adopted under sub. (11) (am) 3. that applies to that bridge.
193	193	SECTION 11. 23.33 (4) (d) 8. of the statutes is created to read:
194	194	23.33 (4) (d) 8. On any roadway if the operation is for emergency purposes
195	195	during a period of emergency declared by the governmental agency having
196	196	jurisdiction over the roadway.
197	197	SECTION 12. 23.33 (11) (am) 3. (intro.) of the statutes is amended to read:
198	198	23.33 (11) (am) 3. (intro.) A county, city, village, or town may enact an ordinance
199	199	to authorize the operation of all-terrain vehicles and utility terrain vehicles on a
200	200	highway bridge that is not part of the national system of interstate and defense
201	201	highways, that is 1,000 feet in length or less, and that is located within the territorial
202	202	boundaries of the county, city, village, or town regardless of whether the county, city,
203	203	village, or town has jurisdiction over the highway. Any such ordinance shall require
204	204	a person crossing a bridge to do all of the following:
205	205	SECTION 13. 23.33 (11) (am) 3. c. of the statutes is repealed.
206	206	SECTION 14. 23.33 (11) (am) 4. of the statutes is amended to read:
207	207	23.33 (11) (am) 4. A city, village, or town may enact an ordinance to authorize
208	208	the operation of all-terrain vehicles and utility terrain vehicles on a highway that
209	209	is not part of the national system of interstate and defense highways, that has a
210	210	speed limit of 35 miles per hour or less, and that is located within the territorial
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236	236	SECTION 14 ASSEMBLY BILL 1039
237	237	boundaries of the city, village, or town regardless of whether the city, village, or town
238	238	has jurisdiction over the highway.
239	239	SECTION 15. 23.33 (11m) of the statutes is renumbered 23.33 (11m) (a) and
240	240	amended to read:
241	241	23.33 (11m) (a) Subsections (3) (em), (6) (cd), (ch), (cp), and (i), and (6r) do not
242	242	apply to the operator of an all-terrain vehicle or utility terrain vehicle owned or
243	243	leased by a city, village, town, county, state agency, federal agency, federally
244	244	recognized American Indian tribe, public safety corporation, or public utility while
245	245	the operator is engaged in an emergency or in the pursuit of an actual or suspected
246	246	violator of the law.
247	247	SECTION 16. 23.33 (11m) (b) of the statutes is created to read:
248	248	23.33 (11m) (b) 1. Subject to subds. 2. to 5., sub. (3) (g), (gm), (h), and (ht) do
249	249	not apply to the operator of a patrol all-terrain vehicle, a patrol utility terrain
250	250	vehicle, a patrol off-highway motorcycle, or a patrol snowmobile when responding
251	251	to an emergency call, engaged in an emergency, or in the pursuit of an actual or
252	252	suspected violator of the law.
253	253	2. Except as provided in subd. 3., par. (a) applies only if the operator of a patrol
254	254	all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle,
255	255	or a patrol snowmobile is giving an audible signal by means of a siren and a visual
256	256	signal by means of at least one flashing, oscillating, or rotating red light or, if the
257	257	patrol all-terrain vehicle, patrol utility terrain vehicle, patrol off-highway
258	258	motorcycle, or patrol snowmobile is being operated by a law enforcement officer, a
259	259	blue light and a red light, both of which are flashing, oscillating, or rotating.
260	260	3. A law enforcement officer operating a patrol all-terrain vehicle, a patrol
261	261	utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile may
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289	289	SECTION 16
290	290	ASSEMBLY BILL 1039
291	291	exceed a speed limit without giving audible or visual signals if the officer is obtaining
292	292	evidence of a speed violation or responding to what the officer reasonably believes
293	293	is a felony in progress and the officer reasonably believes any of the following:
294	294	a. Knowledge of the officer's presence may endanger the safety of a victim or
295	295	other person.
296	296	b. Knowledge of the officer's presence may cause the suspected violator to evade
297	297	apprehension.
298	298	c. Knowledge of the officer's presence may cause the suspected violator to
299	299	destroy evidence of a suspected felony or may otherwise result in the loss of evidence
300	300	of a suspected felony.
301	301	d. Knowledge of the officer's presence may cause the suspected violator to cease
302	302	the commission of a suspected felony before the officer obtains sufficient evidence to
303	303	establish grounds for arrest.
304	304	4. The operator of a patrol all-terrain vehicle, a patrol utility terrain vehicle,
305	305	a patrol off-highway motorcycle, or a patrol snowmobile may proceed past a red light,
306	306	stop signal, or stop sign but only after slowing down as necessary for safe operation.
307	307	5. The privileges granted to the operator of a patrol all-terrain vehicle, a patrol
308	308	utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile
309	309	under this paragraph do not relieve the operator from the duty to drive or ride with
310	310	due regard under the circumstances for the safety of all persons or provide immunity
311	311	from liability from the consequences of the operator's reckless disregard for the
312	312	safety of others.
313	313	SECTION 17. 23.33 (13) (g) of the statutes is created to read:
314	314	23.33 (13) (g) Penalties related to operation causing impairment of property.
315	315	In addition to any other penalty, for a violation of sub. (3) (a) that results in
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342	342	SECTION 17 ASSEMBLY BILL 1039
343	343	impairment of the property of another, the court may hold the defendant liable for
344	344	treble damages, to be recovered by the person responsible for maintenance of the
345	345	property, and may order the defendant to restore, rebuild, repair, or replace the
346	346	property.
347	347	SECTION 18. 340.01 (3) (a) of the statutes is amended to read:
348	348	340.01 (3) (a) Police vehicles, whether publicly or privately owned, including
349	349	all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, snowmobiles,
350	350	and bicycles being operated by law enforcement officers.
351	351	SECTION 19. 340.01 (3) (b) of the statutes is amended to read:
352	352	340.01 (3) (b) Conservation wardens' vehicles, including all-terrain vehicles,
353	353	utility terrain vehicles, off-highway motorcycles, and snowmobiles, foresters'
354	354	trucks, or vehicles used by commission wardens, whether publicly or privately
355	355	owned.
356	356	SECTION 20. 340.01 (3) (c) of the statutes is amended to read:
357	357	340.01 (3) (c) Vehicles, including all-terrain vehicles, utility terrain vehicles,
358	358	and snowmobiles, of a fire department or fire patrol.
359	359	SECTION 21. 340.01 (3) (d) of the statutes is amended to read:
360	360	340.01 (3) (d) Privately owned motor vehicles, including all-terrain vehicles,
361	361	utility terrain vehicles, and snowmobiles, being used by deputy state fire marshals
362	362	or by personnel of a full-time or part-time fire department or by members of a
363	363	volunteer fire department while en route to a fire or on an emergency call pursuant
364	364	to orders of their chief or other commanding officer.
365	365	SECTION 22. 340.01 (3) (dg) of the statutes is amended to read:
366	366	340.01 (3) (dg) Privately owned motor vehicles, including all-terrain vehicles,
367	367	utility terrain vehicles, and snowmobiles, being used by an organ procurement
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395	395	SECTION 22
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397	397	organization, or by any person under an agreement with an organ procurement
398	398	organization, to transport organs for human transplantation or to transport medical
399	399	personnel for the purpose of performing human organ harvesting or transplantation
400	400	immediately after the transportation.
401	401	SECTION 23. 340.01 (3) (dh) of the statutes is amended to read:
402	402	340.01 (3) (dh) Privately owned motor vehicles, including all-terrain vehicles,
403	403	utility terrain vehicles, and snowmobiles, being operated in the course of a business
404	404	and being used, in response to an emergency call from a treating physician or his or
405	405	her designee declaring the transportation to be an emergency, to transport medical
406	406	devices or equipment to a hospital or ambulatory surgery center, or to pick up
407	407	medical devices or equipment for immediate transportation to a hospital or
408	408	ambulatory surgery center, if the medical devices or equipment are to be used for
409	409	human implantation or for urgent medical treatment immediately after the
410	410	transportation.
411	411	SECTION 24. 340.01 (3) (dm) (intro.) of the statutes is amended to read:
412	412	340.01 (3) (dm) (intro.) Privately owned motor vehicles, including all-terrain
413	413	vehicles, utility terrain vehicles, and snowmobiles, that are all of the following:
414	414	SECTION 25. 340.01 (37r) of the statutes is created to read:
415	415	340.01 (37r) “Off-highway motorcycle” has the meaning given in s. 23.335 (1)
416	416	(q).
417	417	SECTION 26.0Nonstatutory provisions.
418	418	(1) The department of transportation shall revise the department's highway
419	419	maintenance manual to eliminate the provisions that an all-terrain vehicle route or
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444	444	SECTION 26 ASSEMBLY BILL 1039
445	445	trail request be disallowed for a short state trunk highway segment to connect a local
446	446	route, trail, or crossing to a gas station, grocery store, bar, or other business.
447	447	(END)
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