February 1, 2024 - Introduced by Representatives Mursau, Edming, O'Connor,
Oldenburg, Schmidt and Tranel, cosponsored by Senators Marklein,
Ballweg, Cowles, James and Testin. Referred to Committee on Sporting
Heritage.
AB1039,1,9 1An Act to repeal 23.33 (11) (am) 3. c.; to renumber 23.33 (1) (ja), 23.33 (1) (jc),
223.33 (1) (jd) and 23.33 (1) (je); to renumber and amend 23.33 (11m); to
3amend
23.33 (3) (a), 23.33 (4) (d) 3. b., 23.33 (11) (am) 3. (intro.), 23.33 (11) (am)
44., 340.01 (3) (a), 340.01 (3) (b), 340.01 (3) (c), 340.01 (3) (d), 340.01 (3) (dg),
5340.01 (3) (dh) and 340.01 (3) (dm) (intro.); and to create 23.33 (1) (jb), 23.33
6(1) (jf), 23.33 (1) (jg), 23.33 (1) (jh), 23.33 (4) (d) 8., 23.33 (11m) (b), 23.33 (13) (g)
7and 340.01 (37r) of the statutes; relating to: operation of all-terrain and utility
8terrain vehicles, off-highway motorcycles, and snowmobiles and revision of the
9Department of Transportation highway maintenance manual.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to laws relating to all-terrain vehicles
(ATVs), utility terrain vehicles (UTVs), off-highway motorcycles (OHMs), and
snowmobiles.
Careless operation of an ATV or UTV
Current law prohibits a person from operating an ATV or UTV in any careless
way that endangers the person or property of another. The bill prohibits a person
from operating an ATV or UTV in any careless, reckless, or negligent manner so as

to impair the life, person, or property of another. Under the bill, for a violation of this
prohibition that results in impairment of the property of another, the court may hold
the defendant liable for treble damages, to be recovered by the person responsible for
maintenance of the property, and may order the defendant to restore, rebuild, repair,
or replace the property.
ATV and UTV operation on bridges
Under current law generally, a person may not operate an ATV or UTV on a
highway. However, a person may operate an ATV or UTV on the shoulder or roadway
of a highway to cross a bridge that is no more than 1,000 feet long if the operation
complies with a local ordinance that applies to the bridge. Current law requires that
such an ordinance requires a person to stop his or her ATV or UTV before crossing
the bridge. The bill eliminates the 1,000-foot limitation and the requirement that
a person stop before crossing the bridge.
Ordinances authorizing ATV and UTV operation on highways
Under current law, a city, village, or town (municipality) may enact an
ordinance to authorize the operation of ATVs and UTVs on a highway with a speed
limit of 35 miles per hour or less that is located within the territorial boundaries of
the municipality, regardless of whether the municipality has jurisdiction over the
highway. The bill eliminates the requirement that the highway have a speed limit
of 35 miles per hour or less.
Emergency operation of ATVs and UTVs
The bill provides that ATVs and UTVs may be operated on any roadway if the
operation is for emergency purposes during a period of emergency declared by the
governmental agency having jurisdiction over the roadway.
Authorized emergency vehicles
Under current law, “authorized emergency vehicle” is defined to include
vehicles operated by various entities, such as law enforcement officers, fire
departments, conservation wardens, and ambulance services. The bill expands the
definition of “authorized emergency vehicle” to include ATVs, UTVs, and
snowmobiles operated by these same entities and to include off-highway
motorcycles operated by law enforcement officers and conservation wardens.
Patrol vehicles
The bill creates definitions for “patrol all-terrain vehicle,” “ patrol utility
terrain vehicle,” “patrol off-highway motorcycle,” and “patrol snowmobile,” which
are ATVs, UTVs, OHMs, and snowmobiles that are owned or leased by a city, village,
town, county, state agency, federal agency, federally recognized American Indian
tribe, or public safety corporation, used for law enforcement, fire fighting, or
emergency medical response, and equipped with required sirens and lights. The bill
exempts patrol ATVs, UTVs, OHMs, and snowmobiles from certain operation
limitations such speed and proximity to highways while responding to emergencies
or violations of the law, subject to specified use of sirens and lights.
Revision to highway maintenance manual
Under current law, no state trunk highway or connecting highway may be
designated as an ATV route without DOT approval. DOT standards for ATV route

approval are detailed in DOT's Highway Maintenance Manual (HMM), which
includes policies, technical information, administrative direction, and operational
information for administration of DOT's highway maintenance program. The HMM
currently provides that requests for ATV routes or trails to use short segments of
state trunk highways for the purpose of connecting to businesses may not be
approved. The bill requires DOT to revise the HMM to remove these provisions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1039,1 1Section 1. 23.33 (1) (ja) of the statutes is renumbered 23.33 (1) (ji).
AB1039,2 2Section 2. 23.33 (1) (jb) of the statutes is created to read:
AB1039,3,103 23.33 (1) (jb) “Patrol all-terrain vehicle” means an all-terrain vehicle that is
4owned or leased by a city, village, town, county, state agency, federal agency, federally
5recognized American Indian tribe, or public safety corporation, used for law
6enforcement, fire fighting, or emergency medical response, and equipped with a siren
7and one or more flashing, oscillating, or rotating red lights, or red and white lights
8or, if the all-terrain vehicle is operated by a law enforcement officer, a blue light or
9a blue and white light, and a red light or a red and white light, all of which are
10flashing, oscillating, or rotating.
AB1039,3 11Section 3. 23.33 (1) (jc) of the statutes is renumbered 23.33 (1) (jj).
AB1039,4 12Section 4. 23.33 (1) (jd) of the statutes is renumbered 23.33 (1) (jk).
AB1039,5 13Section 5. 23.33 (1) (je) of the statutes is renumbered 23.33 (1) (jL).
AB1039,6 14Section 6. 23.33 (1) (jf) of the statutes is created to read:
AB1039,4,415 23.33 (1) (jf) “Patrol off-highway motorcycle” means an off-highway
16motorcycle, as defined in s. 23.335 (1) (q), that is owned or leased by a city, village,
17town, county, state agency, federal agency, federally recognized American Indian
18tribe, or public safety corporation, used for law enforcement, fire fighting, or
19emergency medical response, and equipped with a siren and one or more flashing,

1oscillating, or rotating red lights, or red and white lights or, if the off-highway
2motorcycle is operated by a law enforcement officer, a blue light or a blue and white
3light, and a red light or a red and white light, all of which are flashing, oscillating,
4or rotating.
AB1039,7 5Section 7. 23.33 (1) (jg) of the statutes is created to read:
AB1039,4,136 23.33 (1) (jg) “Patrol snowmobile” means a snowmobile, as defined in s. 340.01
7(58a), that is owned or leased by a city, village, town, county, state agency, federal
8agency, federally recognized American Indian tribe, or public safety corporation,
9used for law enforcement, fire fighting, or emergency medical response, and
10equipped with a siren and one or more flashing, oscillating, or rotating red lights, or
11red and white lights or, if the snowmobile is operated by a law enforcement officer,
12a blue light or a blue and white light, and a red light or a red and white light, all of
13which are flashing, oscillating, or rotating.
AB1039,8 14Section 8. 23.33 (1) (jh) of the statutes is created to read:
AB1039,4,2215 23.33 (1) (jh) “Patrol utility terrain vehicle” means a utility terrain vehicle that
16is owned or leased by a city, village, town, county, state agency, federal agency,
17federally recognized American Indian tribe, or public safety corporation, used for law
18enforcement, fire fighting, or emergency medical response, and equipped with a siren
19and one or more flashing, oscillating, or rotating red lights, or red and white lights
20or, if the utility terrain vehicle is operated by a law enforcement officer, a blue light
21or a blue and white light, and a red light or a red and white light, all of which are
22flashing, oscillating, or rotating.
AB1039,9 23Section 9. 23.33 (3) (a) of the statutes is amended to read:
AB1039,4,2524 23.33 (3) (a) In any careless way , reckless, or negligent manner so as to
25endanger impair the life, person, or property of another.
AB1039,10
1Section 10. 23.33 (4) (d) 3. b. of the statutes is amended to read:
AB1039,5,62 23.33 (4) (d) 3. b. A person may operate an all-terrain vehicle or utility terrain
3vehicle on the roadway or shoulder of any highway to cross a bridge that is 1,000 feet
4in length or less
if the operation is in compliance with a county ordinance adopted
5under sub. (11) (am) 3. that applies to that bridge and a city, village, or town
6ordinance adopted under sub. (11) (am) 3. that applies to that bridge.
AB1039,11 7Section 11. 23.33 (4) (d) 8. of the statutes is created to read:
AB1039,5,108 23.33 (4) (d) 8. On any roadway if the operation is for emergency purposes
9during a period of emergency declared by the governmental agency having
10jurisdiction over the roadway.
AB1039,12 11Section 12. 23.33 (11) (am) 3. (intro.) of the statutes is amended to read:
AB1039,5,1812 23.33 (11) (am) 3. (intro.) A county, city, village, or town may enact an ordinance
13to authorize the operation of all-terrain vehicles and utility terrain vehicles on a
14highway bridge that is not part of the national system of interstate and defense
15highways, that is 1,000 feet in length or less, and that is located within the territorial
16boundaries of the county, city, village, or town regardless of whether the county, city,
17village, or town has jurisdiction over the highway. Any such ordinance shall require
18a person crossing a bridge to do all of the following:
AB1039,13 19Section 13. 23.33 (11) (am) 3. c. of the statutes is repealed.
AB1039,14 20Section 14. 23.33 (11) (am) 4. of the statutes is amended to read:
AB1039,6,221 23.33 (11) (am) 4. A city, village, or town may enact an ordinance to authorize
22the operation of all-terrain vehicles and utility terrain vehicles on a highway that
23is not part of the national system of interstate and defense highways , that has a
24speed limit of 35 miles per hour or less,
and that is located within the territorial

1boundaries of the city, village, or town regardless of whether the city, village, or town
2has jurisdiction over the highway.
AB1039,15 3Section 15. 23.33 (11m) of the statutes is renumbered 23.33 (11m) (a) and
4amended to read:
AB1039,6,105 23.33 (11m) (a) Subsections (3) (em), (6) (cd), (ch), (cp), and (i), and (6r) do not
6apply to the operator of an all-terrain vehicle or utility terrain vehicle owned or
7leased by a city, village, town, county, state agency, federal agency, federally
8recognized American Indian tribe, public safety corporation, or public utility while
9the operator is engaged in an emergency or in the pursuit of an actual or suspected
10violator of the law
.
AB1039,16 11Section 16. 23.33 (11m) (b) of the statutes is created to read:
AB1039,6,1612 23.33 (11m) (b) 1. Subject to subds. 2. to 5., sub. (3) (g), (gm), (h), and (ht) do
13not apply to the operator of a patrol all-terrain vehicle, a patrol utility terrain
14vehicle, a patrol off-highway motorcycle, or a patrol snowmobile when responding
15to an emergency call, engaged in an emergency, or in the pursuit of an actual or
16suspected violator of the law.
AB1039,6,2317 2. Except as provided in subd. 3., par. (a) applies only if the operator of a patrol
18all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle,
19or a patrol snowmobile is giving an audible signal by means of a siren and a visual
20signal by means of at least one flashing, oscillating, or rotating red light or, if the
21patrol all-terrain vehicle, patrol utility terrain vehicle, patrol off-highway
22motorcycle, or patrol snowmobile is being operated by a law enforcement officer, a
23blue light and a red light, both of which are flashing, oscillating, or rotating.
AB1039,7,324 3. A law enforcement officer operating a patrol all-terrain vehicle, a patrol
25utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile may

1exceed a speed limit without giving audible or visual signals if the officer is obtaining
2evidence of a speed violation or responding to what the officer reasonably believes
3is a felony in progress and the officer reasonably believes any of the following:
AB1039,7,54 a. Knowledge of the officer's presence may endanger the safety of a victim or
5other person.
AB1039,7,76 b. Knowledge of the officer's presence may cause the suspected violator to evade
7apprehension.
AB1039,7,108 c. Knowledge of the officer's presence may cause the suspected violator to
9destroy evidence of a suspected felony or may otherwise result in the loss of evidence
10of a suspected felony.
AB1039,7,1311 d. Knowledge of the officer's presence may cause the suspected violator to cease
12the commission of a suspected felony before the officer obtains sufficient evidence to
13establish grounds for arrest.
AB1039,7,1614 4. The operator of a patrol all-terrain vehicle, a patrol utility terrain vehicle,
15a patrol off-highway motorcycle, or a patrol snowmobile may proceed past a red light,
16stop signal, or stop sign but only after slowing down as necessary for safe operation.
AB1039,7,2217 5. The privileges granted to the operator of a patrol all-terrain vehicle, a patrol
18utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile
19under this paragraph do not relieve the operator from the duty to drive or ride with
20due regard under the circumstances for the safety of all persons or provide immunity
21from liability from the consequences of the operator's reckless disregard for the
22safety of others.
AB1039,17 23Section 17. 23.33 (13) (g) of the statutes is created to read:
AB1039,8,424 23.33 (13) (g) Penalties related to operation causing impairment of property.
25In addition to any other penalty, for a violation of sub. (3) (a) that results in

1impairment of the property of another, the court may hold the defendant liable for
2treble damages, to be recovered by the person responsible for maintenance of the
3property, and may order the defendant to restore, rebuild, repair, or replace the
4property.
AB1039,18 5Section 18. 340.01 (3) (a) of the statutes is amended to read:
AB1039,8,86 340.01 (3) (a) Police vehicles, whether publicly or privately owned, including
7all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, snowmobiles,
8and
bicycles being operated by law enforcement officers.
AB1039,19 9Section 19. 340.01 (3) (b) of the statutes is amended to read:
AB1039,8,1310 340.01 (3) (b) Conservation wardens' vehicles, including all-terrain vehicles,
11utility terrain vehicles, off-highway motorcycles, and snowmobiles,
foresters'
12trucks, or vehicles used by commission wardens, whether publicly or privately
13owned.
AB1039,20 14Section 20. 340.01 (3) (c) of the statutes is amended to read:
AB1039,8,1615 340.01 (3) (c) Vehicles, including all-terrain vehicles, utility terrain vehicles,
16and snowmobiles,
of a fire department or fire patrol.
AB1039,21 17Section 21. 340.01 (3) (d) of the statutes is amended to read:
AB1039,8,2218 340.01 (3) (d) Privately owned motor vehicles , including all-terrain vehicles,
19utility terrain vehicles, and snowmobiles,
being used by deputy state fire marshals
20or by personnel of a full-time or part-time fire department or by members of a
21volunteer fire department while en route to a fire or on an emergency call pursuant
22to orders of their chief or other commanding officer.
AB1039,22 23Section 22. 340.01 (3) (dg) of the statutes is amended to read:
AB1039,9,424 340.01 (3) (dg) Privately owned motor vehicles , including all-terrain vehicles,
25utility terrain vehicles, and snowmobiles,
being used by an organ procurement

1organization, or by any person under an agreement with an organ procurement
2organization, to transport organs for human transplantation or to transport medical
3personnel for the purpose of performing human organ harvesting or transplantation
4immediately after the transportation.
AB1039,23 5Section 23. 340.01 (3) (dh) of the statutes is amended to read:
AB1039,9,146 340.01 (3) (dh) Privately owned motor vehicles , including all-terrain vehicles,
7utility terrain vehicles, and snowmobiles,
being operated in the course of a business
8and being used, in response to an emergency call from a treating physician or his or
9her designee declaring the transportation to be an emergency, to transport medical
10devices or equipment to a hospital or ambulatory surgery center, or to pick up
11medical devices or equipment for immediate transportation to a hospital or
12ambulatory surgery center, if the medical devices or equipment are to be used for
13human implantation or for urgent medical treatment immediately after the
14transportation.
AB1039,24 15Section 24. 340.01 (3) (dm) (intro.) of the statutes is amended to read:
AB1039,9,1716 340.01 (3) (dm) (intro.) Privately owned motor vehicles, including all-terrain
17vehicles, utility terrain vehicles, and snowmobiles,
that are all of the following:
AB1039,25 18Section 25. 340.01 (37r) of the statutes is created to read:
AB1039,9,2019 340.01 (37r) “Off-highway motorcycle” has the meaning given in s. 23.335 (1)
20(q).
AB1039,26 21Section 26. Nonstatutory provisions.
AB1039,9,2322 (1) The department of transportation shall revise the department's highway
23maintenance manual to eliminate the provisions that an all-terrain vehicle route or

1trail request be disallowed for a short state trunk highway segment to connect a local
2route, trail, or crossing to a gas station, grocery store, bar, or other business.
AB1039,10,33 (End)
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