SB331: Bill Text

2025 - 2026 LEGISLATURE

LRB-0781/1

ZDW:cjs

2025 SENATE BILL 331

June 19, 2025 - Introduced by Senators Marklein, Stafsholt, Feyen and Nass, cosponsored by Representatives Mursau, Green, Goodwin, Kaufert, Knodl, Melotik, O'Connor and Piwowarczyk. Referred to Committee on Transportation and Local Government.

SB331,2,2 An Act to renumber 23.33 (1) (ja), 23.33 (1) (jc), 23.33 (1) (jd) and 23.33 (1) (je); to renumber and amend 23.33 (11m); to amend 23.33 (1) (ng) 1. e., 23.33 (3) (a), 23.33 (4) (d) 3. a., 23.33 (4) (d) 3. b., 23.33 (6) (b), 23.33 (6) (c), 23.33 (6) (d), 23.33 (6) (f), 23.33 (11) (am) 3. (intro.), 23.33 (11) (am) 3. a., 23.33 (11) (am) 3. c., 23.33 (11) (am) 3. e., 340.01 (2g), 340.01 (3) (a), 340.01 (3) (b), 340.01 (3) (c), 340.01 (3) (d), 340.01 (3) (dg), 340.01 (3) (dh), 340.01 (3) (dm) (intro.) and 340.01 (74); to repeal and recreate 23.33 (6) (a); to create 23.33 (1) (dr), 23.33 (1) (fb), 23.33 (1) (fc), 23.33 (1) (iq), 23.33 (1) (jb), 23.33 (1) (jh), 23.33 (4) (d) 8., 23.33 (6) (ar), 23.33 (7m), 23.33 (11m) (b), 23.33 (13) (g), 23.335 (1) (zde), 23.335 (9) (d), 340.01 (37r), 340.01 (73e), 350.01 (10a) and 350.10 (4) of the statutes; relating to: operation of all-terrain and utility terrain vehicles, off- highway motorcycles, and snowmobiles and revision of the Department 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 a bridge, culvert, or railroad right-of-way

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 require a person to stop his or her ATV or UTV before crossing the bridge. The bill eliminates the 1,000-foot limitation and expands this authorization to include culverts and railroad rights-of-way.

Equipment required on ATVs and UTVs

Current law requires ATVs and UTVs to be equipped with a headlamp and a tail lamp. The bill requires ATVs and UTVs to be equipped also with a brake light. The bill also requires all required lights to be in working condition and prohibits operation of an ATV or UTV unless required headlamps and tail lamps are lighted. Current law also requires ATVs and UTVs to be equipped with a brake operated either by hand or by foot. The bill specifies that the brake must be functioning.

Duty to render aid

The bill provides that the operator of an ATV or UTV involved in an accident must render aid to other persons involved in the accident and provide their name, address, and ATV or UTV information to any person injured in the accident and to any owner of property damaged in the accident.

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 OHMs 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 as 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 Department of Transportation 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:

SB331,1 Section 1. 23.33 (1) (dr) of the statutes is created to read:

SB331,3,4 23.33 (1) (dr) “Bridge” means any structure constructed in or over a navigable waterway to provide a walkway or roadway for pedestrians, animals, or vehicles. “Bridge” includes pipe arches and culverts.

SB331,2 Section 2. 23.33 (1) (fb) of the statutes is created to read:

SB331,4,2 23.33 (1) (fb) “Culvert” means a structure that allows water to flow under a road, trail, or other obstruction.

SB331,3 Section 3. 23.33 (1) (fc) of the statutes is created to read:

SB331,4,6 23.33 (1) (fc) “Dune buggy” means a motor driven device originally manufactured with, or modified to have, an open-frame construction, seats in which occupants sit close to the ground, and off-road tires designed for travel in sand.

SB331,4 Section 4. 23.33 (1) (iq) of the statutes is created to read:

SB331,4,10 23.33 (1) (iq) “Navigable waterway” means any body of water with a defined bed and bank that is capable of floating the lightest boat or skiff used for recreation or any other purpose on a regularly recurring basis.

SB331,5 Section 5. 23.33 (1) (ja) of the statutes is renumbered 23.33 (1) (ji).

SB331,6 Section 6. 23.33 (1) (jb) of the statutes is created to read:

SB331,4,20 23.33 (1) (jb) “Patrol all-terrain vehicle” means an all-terrain vehicle that is 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 a siren and one or more flashing, oscillating, or rotating red lights, or red and white lights or, if the all-terrain vehicle is operated by a law enforcement officer, a blue light or a blue and white light, and a red light or a red and white light, all of which are flashing, oscillating, or rotating.

SB331,7 Section 7. 23.33 (1) (jc) of the statutes is renumbered 23.33 (1) (jj).

SB331,8 Section 8. 23.33 (1) (jd) of the statutes is renumbered 23.33 (1) (jk).

SB331,9 Section 9. 23.33 (1) (je) of the statutes is renumbered 23.33 (1) (jL).

SB331,10 Section 10. 23.33 (1) (jh) of the statutes is created to read:

SB331,5,8 23.33 (1) (jh) “Patrol utility terrain vehicle” means a utility terrain vehicle that is 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 a siren and one or more flashing, oscillating, or rotating red lights, or red and white lights or, if the utility terrain vehicle is operated by a law enforcement officer, a blue light or a blue and white light, and a red light or a red and white light, all of which are flashing, oscillating, or rotating.

SB331,11 Section 11. 23.33 (1) (ng) 1. e. of the statutes is amended to read:

SB331,5,10 23.33 (1) (ng) 1. e. A Two tail light lights.

SB331,12 Section 12. 23.33 (3) (a) of the statutes is amended to read:

SB331,5,13 23.33 (3) (a) In any careless way, reckless, or negligent manner so as to endanger impair the life, person, or property of another.

SB331,13 Section 13. 23.33 (4) (d) 3. a. of the statutes is amended to read:

SB331,5,23 23.33 (4) (d) 3. a. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle or utility terrain vehicle traffic, except as provided in subd. 3. b. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the vehicle prior to the crossing entering the roadway and yields the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway.

SB331,14 Section 14. 23.33 (4) (d) 3. b. of the statutes is amended to read:

SB331,6,6 23.33 (4) (d) 3. b. A person may operate an all-terrain vehicle or utility terrain vehicle on the roadway or shoulder of any highway to cross a bridge that is 1,000 feet in length or less, culvert, or railroad right-of-way if the operation is in compliance with a county ordinance adopted under sub. (11) (am) 3. that applies to that bridge, culvert, or railroad right-of-way and a city, village, or town ordinance adopted under sub. (11) (am) 3. that applies to that bridge, culvert, or railroad right-of-way.

SB331,15 Section 15. 23.33 (4) (d) 8. of the statutes is created to read:

SB331,6,10 23.33 (4) (d) 8. 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.

SB331,16 Section 16. 23.33 (6) (a) of the statutes is repealed and recreated to read:

SB331,6,15 23.33 (6) (a) No person may operate an all-terrain vehicle unless it is equipped with a headlamp and tail lamp and the required lamps are lighted. No person may operate a utility terrain vehicle unless it is equipped with 2 headlamps and 2 tail lamps and the required lamps are lighted.

SB331,17 Section 17. 23.33 (6) (ar) of the statutes is created to read:

SB331,6,19 23.33 (6) (ar) Headlamps, brake lights, and tail lamps on an all-terrain vehicle and on a utility terrain vehicle shall be maintained in working condition at all times.