| 1 | 1 | | LRB-1708/1 |
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| 2 | 2 | | EHS:skw |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 SENATE BILL 109 |
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| 5 | 5 | | March 1, 2023 - Introduced by Senators QUINN, COWLES, FELZKOWSKI, JACQUE, |
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| 6 | 6 | | JAMES, MARKLEIN, NASS, PFAFF, SPREITZER and TESTIN, cosponsored by |
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| 7 | 7 | | Representatives GREEN, ARMSTRONG, EDMING, KNODL, KURTZ, MAGNAFICI, |
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| 8 | 8 | | MOSES, MURSAU, OLDENBURG, SPIROS, STEFFEN, SUMMERFIELD, SWEARINGEN and |
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| 9 | 9 | | SCHRAA. Referred to Committee on Transportation and Local Government. |
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| 10 | 10 | | AN ACT to amend 23.33 (4) (c) 1. of the statutes; relating to: operation of an |
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| 11 | 11 | | all-terrain vehicle or utility terrain vehicle owned by an electric cooperative on |
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| 12 | 12 | | a highway. |
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| 13 | 13 | | Analysis by the Legislative Reference Bureau |
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| 14 | 14 | | Current law prohibits the operation of all-terrain vehicles (ATVs) or utility |
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| 15 | 15 | | terrain vehicles (UTVs) on any freeway that is part of the federal system of interstate |
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| 16 | 16 | | and defense highways and on any part of any other freeway unless the Department |
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| 17 | 17 | | of Transportation authorizes that use. Current law also generally prohibits |
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| 18 | 18 | | operation of an ATV or UTV on all other highways, with various exceptions. Under |
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| 19 | 19 | | current law a “highway” includes all public ways and thoroughfares and all bridges |
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| 20 | 20 | | on those public ways and thoroughfares, and a “freeway” is a highway with full |
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| 21 | 21 | | control of access and with all crossroads separated in grade from the pavements for |
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| 22 | 22 | | through traffic. |
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| 23 | 23 | | Current law exempts from these freeway and highway prohibitions the |
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| 24 | 24 | | operator of an ATV or UTV owned by a municipality, state agency, or public utility, |
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| 25 | 25 | | or by the Great Lakes Indian Fish and Wildlife Commission, while engaged in an |
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| 26 | 26 | | emergency or if the operation is directly related to the functions of that entity, unless |
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| 27 | 27 | | safety requires strict adherence to the restrictions. This bill adds the operator of an |
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| 28 | 28 | | ATV or UTV owned by an electric cooperative to this exemption. |
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| 29 | 29 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 30 | 30 | | enact as follows: |
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| 33 | 33 | | 3 - 2 -2023 - 2024 Legislature LRB-1708/1 |
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| 34 | 34 | | EHS:skw |
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| 35 | 35 | | SECTION 1 SENATE BILL 109 |
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| 36 | 36 | | SECTION 1. 23.33 (4) (c) 1. of the statutes is amended to read: |
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| 37 | 37 | | 23.33 (4) (c) 1. Paragraphs (a) and (b) do not apply to the operator of an |
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| 38 | 38 | | all-terrain vehicle or utility terrain vehicle owned by a municipality, state agency, |
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| 39 | 39 | | or public utility, or electric cooperative, or by the Great Lakes Indian Fish and |
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| 40 | 40 | | Wildlife Commission, while the operator is engaged in an emergency or in the |
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| 41 | 41 | | operation of an all-terrain vehicle or utility terrain vehicle directly related to the |
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| 42 | 42 | | functions of the municipality, state agency, or public utility, or electric cooperative, |
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| 43 | 43 | | or of the Great Lakes Indian Fish and Wildlife Commission, if safety does not require |
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| 44 | 44 | | strict adherence to these restrictions. |
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| 45 | 45 | | (END) |
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