AB1039: Bill Text

AB1039,13 Section 13. 23.33 (11) (am) 3. c. of the statutes is repealed.

AB1039,14 Section 14. 23.33 (11) (am) 4. of the statutes is amended to read:

AB1039,,27 23.33 (11) (am) 4. A city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles on a highway that is not part of the national system of interstate and defense highways, that has a speed limit of 35 miles per hour or less, and that is located within the territorial boundaries of the city, village, or town regardless of whether the city, village, or town has jurisdiction over the highway.

AB1039,15 Section 15. 23.33 (11m) of the statutes is renumbered 23.33 (11m) (a) and amended to read:

AB1039,,29 23.33 (11m) (a) Subsections (3) (em), (6) (cd), (ch), (cp), and (i), and (6r) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle owned or leased by a city, village, town, county, state agency, federal agency, federally recognized American Indian tribe, public safety corporation, or public utility while the operator is engaged in an emergency or in the pursuit of an actual or suspected violator of the law.

AB1039,16 Section 16. 23.33 (11m) (b) of the statutes is created to read:

AB1039,,31 23.33 (11m) (b) 1. Subject to subds. 2. to 5., sub. (3) (g), (gm), (h), and (ht) do not apply to the operator of a patrol all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile when responding to an emergency call, engaged in an emergency, or in the pursuit of an actual or suspected violator of the law.

AB1039,,32 2. Except as provided in subd. 3., par. (a) applies only if the operator of a patrol all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile is giving an audible signal by means of a siren and a visual signal by means of at least one flashing, oscillating, or rotating red light or, if the patrol all-terrain vehicle, patrol utility terrain vehicle, patrol off-highway motorcycle, or patrol snowmobile is being operated by a law enforcement officer, a blue light and a red light, both of which are flashing, oscillating, or rotating.

AB1039,,33 3. A law enforcement officer operating a patrol all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile may exceed a speed limit without giving audible or visual signals if the officer is obtaining evidence of a speed violation or responding to what the officer reasonably believes is a felony in progress and the officer reasonably believes any of the following:

AB1039,,34 a. Knowledge of the officer’s presence may endanger the safety of a victim or other person.

AB1039,,35 b. Knowledge of the officer’s presence may cause the suspected violator to evade apprehension.

AB1039,,36 c. Knowledge of the officer’s presence may cause the suspected violator to destroy evidence of a suspected felony or may otherwise result in the loss of evidence of a suspected felony.

AB1039,,37 d. Knowledge of the officer’s presence may cause the suspected violator to cease the commission of a suspected felony before the officer obtains sufficient evidence to establish grounds for arrest.

AB1039,,38 4. The operator of a patrol all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile may proceed past a red light, stop signal, or stop sign but only after slowing down as necessary for safe operation.

AB1039,,39 5. The privileges granted to the operator of a patrol all-terrain vehicle, a patrol utility terrain vehicle, a patrol off-highway motorcycle, or a patrol snowmobile under this paragraph do not relieve the operator from the duty to drive or ride with due regard under the circumstances for the safety of all persons or provide immunity from liability from the consequences of the operator’s reckless disregard for the safety of others.

AB1039,17 Section 17. 23.33 (13) (g) of the statutes is created to read:

AB1039,,41 23.33 (13) (g) Penalties related to operation causing impairment of property. In addition to any other penalty, for a violation of sub. (3) (a) 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.

AB1039,18 Section 18. 340.01 (3) (a) of the statutes is amended to read:

AB1039,,43 340.01 (3) (a) Police vehicles, whether publicly or privately owned, including all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, snowmobiles, and bicycles being operated by law enforcement officers.

AB1039,19 Section 19. 340.01 (3) (b) of the statutes is amended to read:

AB1039,,45 340.01 (3) (b) Conservation wardens’ vehicles, including all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, and snowmobiles, foresters’ trucks, or vehicles used by commission wardens, whether publicly or privately owned.

AB1039,20 Section 20. 340.01 (3) (c) of the statutes is amended to read:

AB1039,,47 340.01 (3) (c) Vehicles, including all-terrain vehicles, utility terrain vehicles, and snowmobiles, of a fire department or fire patrol.

AB1039,21 Section 21. 340.01 (3) (d) of the statutes is amended to read:

AB1039,,49 340.01 (3) (d) Privately owned motor vehicles, including all-terrain vehicles, utility terrain vehicles, and snowmobiles, being used by deputy state fire marshals or by personnel of a full-time or part-time fire department or by members of a volunteer fire department while en route to a fire or on an emergency call pursuant to orders of their chief or other commanding officer.

AB1039,22 Section 22. 340.01 (3) (dg) of the statutes is amended to read:

AB1039,,51 340.01 (3) (dg) Privately owned motor vehicles, including all-terrain vehicles, utility terrain vehicles, and snowmobiles, being used by an organ procurement organization, or by any person under an agreement with an organ procurement organization, to transport organs for human transplantation or to transport medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation.

AB1039,23 Section 23. 340.01 (3) (dh) of the statutes is amended to read:

AB1039,,53 340.01 (3) (dh) Privately owned motor vehicles, including all-terrain vehicles, utility terrain vehicles, and snowmobiles, being operated in the course of a business and being used, in response to an emergency call from a treating physician or his or her designee declaring the transportation to be an emergency, to transport medical devices or equipment to a hospital or ambulatory surgery center, or to pick up medical devices or equipment for immediate transportation to a hospital or ambulatory surgery center, if the medical devices or equipment are to be used for human implantation or for urgent medical treatment immediately after the transportation.

AB1039,24 Section 24. 340.01 (3) (dm) (intro.) of the statutes is amended to read:

AB1039,,55 340.01 (3) (dm) (intro.) Privately owned motor vehicles, including all-terrain vehicles, utility terrain vehicles, and snowmobiles, that are all of the following:

AB1039,25 Section 25. 340.01 (37r) of the statutes is created to read:

AB1039,,57 340.01 (37r) “Off-highway motorcycle” has the meaning given in s. 23.335 (1) (q).

AB1039,26 Section 26. Nonstatutory provisions.

AB1039,,59 (1) The department of transportation shall revise the department’s highway maintenance manual to eliminate the provisions that an all-terrain vehicle route or trail request be disallowed for a short state trunk highway segment to connect a local route, trail, or crossing to a gas station, grocery store, bar, or other business.

AB1039,,60 (end)