Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB959 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 SENATE BILL 959
5	5	January 26, 2024 - Introduced by Senators MARKLEIN, BALLWEG, COWLES, JAMES
6	6	and TESTIN, cosponsored by Representatives MURSAU, EDMING, O'CONNOR,
7	7	OLDENBURG, SCHMIDT and TRANEL. Referred to Committee on Financial
8	8	Institutions and Sporting Heritage.
9	9	AN ACT to repeal 23.33 (11) (am) 3. c.; to renumber 23.33 (1) (ja), 23.33 (1) (jc),
10	10	23.33 (1) (jd) and 23.33 (1) (je); to renumber and amend 23.33 (11m); to
11	11	amend 23.33 (3) (a), 23.33 (4) (d) 3. b., 23.33 (11) (am) 3. (intro.), 23.33 (11) (am)
12	12	4., 340.01 (3) (a), 340.01 (3) (b), 340.01 (3) (c), 340.01 (3) (d), 340.01 (3) (dg),
13	13	340.01 (3) (dh) and 340.01 (3) (dm) (intro.); and to create 23.33 (1) (jb), 23.33
14	14	(1) (jf), 23.33 (1) (jg), 23.33 (1) (jh), 23.33 (4) (d) 8., 23.33 (11m) (b), 23.33 (13) (g)
15	15	and 340.01 (37r) of the statutes; relating to: operation of all-terrain and utility
16	16	terrain vehicles, off-highway motorcycles, and snowmobiles and revision of the
17	17	Department of Transportation highway maintenance manual.
18	18	Analysis by the Legislative Reference Bureau
19	19	This bill makes numerous changes to laws relating to all-terrain vehicles
20	20	(ATVs), utility terrain vehicles (UTVs), off-highway motorcycles (OHMs), and
21	21	snowmobiles.
22	22	Careless operation of an ATV or UTV
23	23	Current law prohibits a person from operating an ATV or UTV in any careless
24	24	way that endangers the person or property of another. The bill prohibits a person
25	25	from operating an ATV or UTV in any careless, reckless, or negligent manner so as
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36	36	SENATE BILL 959
37	37	to impair the life, person, or property of another. Under the bill, for a violation of this
38	38	prohibition that results in impairment of the property of another, the court may hold
39	39	the defendant liable for treble damages, to be recovered by the person responsible for
40	40	maintenance of the property, and may order the defendant to restore, rebuild, repair,
41	41	or replace the property.
42	42	ATV and UTV operation on bridges
43	43	Under current law generally, a person may not operate an ATV or UTV on a
44	44	highway. However, a person may operate an ATV or UTV on the shoulder or roadway
45	45	of a highway to cross a bridge that is no more than 1,000 feet long if the operation
46	46	complies with a local ordinance that applies to the bridge. Current law requires that
47	47	such an ordinance requires a person to stop his or her ATV or UTV before crossing
48	48	the bridge. The bill eliminates the 1,000-foot limitation and the requirement that
49	49	a person stop before crossing the bridge.
50	50	Ordinances authorizing ATV and UTV operation on highways
51	51	Under current law, a city, village, or town (municipality) may enact an
52	52	ordinance to authorize the operation of ATVs and UTVs on a highway with a speed
53	53	limit of 35 miles per hour or less that is located within the territorial boundaries of
54	54	the municipality, regardless of whether the municipality has jurisdiction over the
55	55	highway. The bill eliminates the requirement that the highway have a speed limit
56	56	of 35 miles per hour or less.
57	57	Emergency operation of ATVs and UTVs
58	58	The bill provides that ATVs and UTVs may be operated on any roadway if the
59	59	operation is for emergency purposes during a period of emergency declared by the
60	60	governmental agency having jurisdiction over the roadway.
61	61	Authorized emergency vehicles
62	62	Under current law, “authorized emergency vehicle” is defined to include
63	63	vehicles operated by various entities, such as law enforcement officers, fire
64	64	departments, conservation wardens, and ambulance services. The bill expands the
65	65	definition of “authorized emergency vehicle” to include ATVs, UTVs, and
66	66	snowmobiles operated by these same entities and to include off-highway
67	67	motorcycles operated by law enforcement officers and conservation wardens.
68	68	Patrol vehicles
69	69	The bill creates definitions for “patrol all-terrain vehicle,” “patrol utility
70	70	terrain vehicle,” “patrol off-highway motorcycle,” and “patrol snowmobile,” which
71	71	are ATVs, UTVs, OHMs, and snowmobiles that are owned or leased by a city, village,
72	72	town, county, state agency, federal agency, federally recognized American Indian
73	73	tribe, or public safety corporation, used for law enforcement, fire fighting, or
74	74	emergency medical response, and equipped with required sirens and lights. The bill
75	75	exempts patrol ATVs, UTVs, OHMs, and snowmobiles from certain operation
76	76	limitations such speed and proximity to highways while responding to emergencies
77	77	or violations of the law, subject to specified use of sirens and lights.
78	78	Revision to highway maintenance manual
79	79	Under current law, no state trunk highway or connecting highway may be
80	80	designated as an ATV route without DOT approval. DOT standards for ATV route - 3 -2023 - 2024 Legislature
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83	83	SENATE BILL 959
84	84	approval are detailed in DOT's Highway Maintenance Manual (HMM), which
85	85	includes policies, technical information, administrative direction, and operational
86	86	information for administration of DOT's highway maintenance program. The HMM
87	87	currently provides that requests for ATV routes or trails to use short segments of
88	88	state trunk highways for the purpose of connecting to businesses may not be
89	89	approved. The bill requires DOT to revise the HMM to remove these provisions.
90	90	The people of the state of Wisconsin, represented in senate and assembly, do
91	91	enact as follows:
92	92	SECTION 1. 23.33 (1) (ja) of the statutes is renumbered 23.33 (1) (ji).
93	93	SECTION 2. 23.33 (1) (jb) of the statutes is created to read:
94	94	23.33 (1) (jb) “Patrol all-terrain vehicle” means an all-terrain vehicle that is
95	95	owned or leased by a city, village, town, county, state agency, federal agency, federally
96	96	recognized American Indian tribe, or public safety corporation, used for law
97	97	enforcement, fire fighting, or emergency medical response, and equipped with a siren
98	98	and one or more flashing, oscillating, or rotating red lights, or red and white lights
99	99	or, if the all-terrain vehicle is operated by a law enforcement officer, a blue light or
100	100	a blue and white light, and a red light or a red and white light, all of which are
101	101	flashing, oscillating, or rotating.
102	102	SECTION 3. 23.33 (1) (jc) of the statutes is renumbered 23.33 (1) (jj).
103	103	SECTION 4. 23.33 (1) (jd) of the statutes is renumbered 23.33 (1) (jk).
104	104	SECTION 5. 23.33 (1) (je) of the statutes is renumbered 23.33 (1) (jL).
105	105	SECTION 6. 23.33 (1) (jf) of the statutes is created to read:
106	106	23.33 (1) (jf) “Patrol off-highway motorcycle” means an off-highway
107	107	motorcycle, as defined in s. 23.335 (1) (q), that is owned or leased by a city, village,
108	108	town, county, state agency, federal agency, federally recognized American Indian
109	109	tribe, or public safety corporation, used for law enforcement, fire fighting, or
110	110	emergency medical response, and equipped with a siren and one or more flashing,
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131	131	SECTION 6 SENATE BILL 959
132	132	oscillating, or rotating red lights, or red and white lights or, if the off-highway
133	133	motorcycle is operated by a law enforcement officer, a blue light or a blue and white
134	134	light, and a red light or a red and white light, all of which are flashing, oscillating,
135	135	or rotating.
136	136	SECTION 7. 23.33 (1) (jg) of the statutes is created to read:
137	137	23.33 (1) (jg) “Patrol snowmobile” means a snowmobile, as defined in s. 340.01
138	138	(58a), that is owned or leased by a city, village, town, county, state agency, federal
139	139	agency, federally recognized American Indian tribe, or public safety corporation,
140	140	used for law enforcement, fire fighting, or emergency medical response, and
141	141	equipped with a siren and one or more flashing, oscillating, or rotating red lights, or
142	142	red and white lights or, if the snowmobile is operated by a law enforcement officer,
143	143	a blue light or a blue and white light, and a red light or a red and white light, all of
144	144	which are flashing, oscillating, or rotating.
145	145	SECTION 8. 23.33 (1) (jh) of the statutes is created to read:
146	146	23.33 (1) (jh) “Patrol utility terrain vehicle” means a utility terrain vehicle that
147	147	is owned or leased by a city, village, town, county, state agency, federal agency,
148	148	federally recognized American Indian tribe, or public safety corporation, used for law
149	149	enforcement, fire fighting, or emergency medical response, and equipped with a siren
150	150	and one or more flashing, oscillating, or rotating red lights, or red and white lights
151	151	or, if the utility terrain vehicle is operated by a law enforcement officer, a blue light
152	152	or a blue and white light, and a red light or a red and white light, all of which are
153	153	flashing, oscillating, or rotating.
154	154	SECTION 9. 23.33 (3) (a) of the statutes is amended to read:
155	155	23.33 (3) (a) In any careless way, reckless, or negligent manner so as to
156	156	endanger impair the life, person, or property of another.
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184	184	SECTION 10
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186	186	SECTION 10. 23.33 (4) (d) 3. b. of the statutes is amended to read:
187	187	23.33 (4) (d) 3. b. A person may operate an all-terrain vehicle or utility terrain
188	188	vehicle on the roadway or shoulder of any highway to cross a bridge that is 1,000 feet
189	189	in length or less if the operation is in compliance with a county ordinance adopted
190	190	under sub. (11) (am) 3. that applies to that bridge and a city, village, or town
191	191	ordinance adopted under sub. (11) (am) 3. that applies to that bridge.
192	192	SECTION 11. 23.33 (4) (d) 8. of the statutes is created to read:
193	193	23.33 (4) (d) 8. On any roadway if the operation is for emergency purposes
194	194	during a period of emergency declared by the governmental agency having
195	195	jurisdiction over the roadway.
196	196	SECTION 12. 23.33 (11) (am) 3. (intro.) of the statutes is amended to read:
197	197	23.33 (11) (am) 3. (intro.) A county, city, village, or town may enact an ordinance
198	198	to authorize the operation of all-terrain vehicles and utility terrain vehicles on a
199	199	highway bridge that is not part of the national system of interstate and defense
200	200	highways, that is 1,000 feet in length or less, and that is located within the territorial
201	201	boundaries of the county, city, village, or town regardless of whether the county, city,
202	202	village, or town has jurisdiction over the highway. Any such ordinance shall require
203	203	a person crossing a bridge to do all of the following:
204	204	SECTION 13. 23.33 (11) (am) 3. c. of the statutes is repealed.
205	205	SECTION 14. 23.33 (11) (am) 4. of the statutes is amended to read:
206	206	23.33 (11) (am) 4. A city, village, or town may enact an ordinance to authorize
207	207	the operation of all-terrain vehicles and utility terrain vehicles on a highway that
208	208	is not part of the national system of interstate and defense highways, that has a
209	209	speed limit of 35 miles per hour or less, and that is located within the territorial
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235	235	SECTION 14 SENATE BILL 959
236	236	boundaries of the city, village, or town regardless of whether the city, village, or town
237	237	has jurisdiction over the highway.
238	238	SECTION 15. 23.33 (11m) of the statutes is renumbered 23.33 (11m) (a) and
239	239	amended to read:
240	240	23.33 (11m) (a) Subsections (3) (em), (6) (cd), (ch), (cp), and (i), and (6r) do not
241	241	apply to the operator of an all-terrain vehicle or utility terrain vehicle owned or
242	242	leased by a city, village, town, county, state agency, federal agency, federally
243	243	recognized American Indian tribe, public safety corporation, or public utility while
244	244	the operator is engaged in an emergency or in the pursuit of an actual or suspected
245	245	violator of the law.
246	246	SECTION 16. 23.33 (11m) (b) of the statutes is created to read:
247	247	23.33 (11m) (b) 1. Subject to subds. 2. to 5., sub. (3) (g), (gm), (h), and (ht) do
248	248	not apply to the operator of a patrol all-terrain vehicle, a patrol utility terrain
249	249	vehicle, a patrol off-highway motorcycle, or a patrol snowmobile when responding
250	250	to an emergency call, engaged in an emergency, or in the pursuit of an actual or
251	251	suspected violator of the law.
252	252	2. Except as provided in subd. 3., par. (a) applies only if the operator of a patrol
253	253	all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle,
254	254	or a patrol snowmobile is giving an audible signal by means of a siren and a visual
255	255	signal by means of at least one flashing, oscillating, or rotating red light or, if the
256	256	patrol all-terrain vehicle, patrol utility terrain vehicle, patrol off-highway
257	257	motorcycle, or patrol snowmobile is being operated by a law enforcement officer, a
258	258	blue light and a red light, both of which are flashing, oscillating, or rotating.
259	259	3. A law enforcement officer operating a patrol all-terrain vehicle, a patrol
260	260	utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile may
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288	288	SECTION 16
289	289	SENATE BILL 959
290	290	exceed a speed limit without giving audible or visual signals if the officer is obtaining
291	291	evidence of a speed violation or responding to what the officer reasonably believes
292	292	is a felony in progress and the officer reasonably believes any of the following:
293	293	a. Knowledge of the officer's presence may endanger the safety of a victim or
294	294	other person.
295	295	b. Knowledge of the officer's presence may cause the suspected violator to evade
296	296	apprehension.
297	297	c. Knowledge of the officer's presence may cause the suspected violator to
298	298	destroy evidence of a suspected felony or may otherwise result in the loss of evidence
299	299	of a suspected felony.
300	300	d. Knowledge of the officer's presence may cause the suspected violator to cease
301	301	the commission of a suspected felony before the officer obtains sufficient evidence to
302	302	establish grounds for arrest.
303	303	4. The operator of a patrol all-terrain vehicle, a patrol utility terrain vehicle,
304	304	a patrol off-highway motorcycle, or a patrol snowmobile may proceed past a red light,
305	305	stop signal, or stop sign but only after slowing down as necessary for safe operation.
306	306	5. The privileges granted to the operator of a patrol all-terrain vehicle, a patrol
307	307	utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile
308	308	under this paragraph do not relieve the operator from the duty to drive or ride with
309	309	due regard under the circumstances for the safety of all persons or provide immunity
310	310	from liability from the consequences of the operator's reckless disregard for the
311	311	safety of others.
312	312	SECTION 17. 23.33 (13) (g) of the statutes is created to read:
313	313	23.33 (13) (g) Penalties related to operation causing impairment of property.
314	314	In addition to any other penalty, for a violation of sub. (3) (a) that results in
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341	341	SECTION 17 SENATE BILL 959
342	342	impairment of the property of another, the court may hold the defendant liable for
343	343	treble damages, to be recovered by the person responsible for maintenance of the
344	344	property, and may order the defendant to restore, rebuild, repair, or replace the
345	345	property.
346	346	SECTION 18. 340.01 (3) (a) of the statutes is amended to read:
347	347	340.01 (3) (a) Police vehicles, whether publicly or privately owned, including
348	348	all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, snowmobiles,
349	349	and bicycles being operated by law enforcement officers.
350	350	SECTION 19. 340.01 (3) (b) of the statutes is amended to read:
351	351	340.01 (3) (b) Conservation wardens' vehicles, including all-terrain vehicles,
352	352	utility terrain vehicles, off-highway motorcycles, and snowmobiles, foresters'
353	353	trucks, or vehicles used by commission wardens, whether publicly or privately
354	354	owned.
355	355	SECTION 20. 340.01 (3) (c) of the statutes is amended to read:
356	356	340.01 (3) (c) Vehicles, including all-terrain vehicles, utility terrain vehicles,
357	357	and snowmobiles, of a fire department or fire patrol.
358	358	SECTION 21. 340.01 (3) (d) of the statutes is amended to read:
359	359	340.01 (3) (d) Privately owned motor vehicles, including all-terrain vehicles,
360	360	utility terrain vehicles, and snowmobiles, being used by deputy state fire marshals
361	361	or by personnel of a full-time or part-time fire department or by members of a
362	362	volunteer fire department while en route to a fire or on an emergency call pursuant
363	363	to orders of their chief or other commanding officer.
364	364	SECTION 22. 340.01 (3) (dg) of the statutes is amended to read:
365	365	340.01 (3) (dg) Privately owned motor vehicles, including all-terrain vehicles,
366	366	utility terrain vehicles, and snowmobiles, being used by an organ procurement
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394	394	SECTION 22
395	395	SENATE BILL 959
396	396	organization, or by any person under an agreement with an organ procurement
397	397	organization, to transport organs for human transplantation or to transport medical
398	398	personnel for the purpose of performing human organ harvesting or transplantation
399	399	immediately after the transportation.
400	400	SECTION 23. 340.01 (3) (dh) of the statutes is amended to read:
401	401	340.01 (3) (dh) Privately owned motor vehicles, including all-terrain vehicles,
402	402	utility terrain vehicles, and snowmobiles, being operated in the course of a business
403	403	and being used, in response to an emergency call from a treating physician or his or
404	404	her designee declaring the transportation to be an emergency, to transport medical
405	405	devices or equipment to a hospital or ambulatory surgery center, or to pick up
406	406	medical devices or equipment for immediate transportation to a hospital or
407	407	ambulatory surgery center, if the medical devices or equipment are to be used for
408	408	human implantation or for urgent medical treatment immediately after the
409	409	transportation.
410	410	SECTION 24. 340.01 (3) (dm) (intro.) of the statutes is amended to read:
411	411	340.01 (3) (dm) (intro.) Privately owned motor vehicles, including all-terrain
412	412	vehicles, utility terrain vehicles, and snowmobiles, that are all of the following:
413	413	SECTION 25. 340.01 (37r) of the statutes is created to read:
414	414	340.01 (37r) “Off-highway motorcycle” has the meaning given in s. 23.335 (1)
415	415	(q).
416	416	SECTION 26.0Nonstatutory provisions.
417	417	(1) The department of transportation shall revise the department's highway
418	418	maintenance manual to eliminate the provisions that an all-terrain vehicle route or
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443	443	SECTION 26 SENATE BILL 959
444	444	trail request be disallowed for a short state trunk highway segment to connect a local
445	445	route, trail, or crossing to a gas station, grocery store, bar, or other business.
446	446	(END)
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