SB331: Bill Text

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.

SB331,18 Section 18. 23.33 (6) (b) of the statutes is amended to read:

SB331,6,24 23.33 (6) (b) The headlamp on an all-terrain vehicle or and the headlamps on a utility terrain vehicle is are required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle or utility terrain vehicle.

SB331,19 Section 19. 23.33 (6) (c) of the statutes is amended to read:

SB331,7,4 23.33 (6) (c) The tail lamp on an all-terrain vehicle or and the tail lamps on a utility terrain vehicle is are required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.

SB331,20 Section 20. 23.33 (6) (d) of the statutes is amended to read:

SB331,7,8 23.33 (6) (d) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with at least one functioning brake operated either by hand or by foot and a brake light.

SB331,21 Section 21. 23.33 (6) (f) of the statutes is amended to read:

SB331,7,14 23.33 (6) (f) An all-terrain vehicle or utility terrain vehicle may not be modified so that operated if its maximum width exceeds the width allowed for a utility terrain vehicle under sub. (1) (ng) 1. h. or 2. b. or the width allowed for an all- terrain vehicle under s. 340.01 (2g). This paragraph does not apply to the operation of an all-terrain vehicle or utility terrain vehicle on private property.

SB331,22 Section 22. 23.33 (7m) of the statutes is created to read:

SB331,7,23 23.33 (7m) Duty to render aid. The operator of an all-terrain vehicle or a utility terrain vehicle involved in an accident shall, to the extent that they are capable, render assistance as is practicable and necessary to other persons involved in the accident to save them from or minimize any danger caused by the accident. The operator of the all-terrain vehicle or utility terrain vehicle shall provide their name and address and identification of their all-terrain vehicle or utility terrain vehicle to any person injured in the accident and to the owner of any property damaged in the accident.

SB331,23 Section 23. 23.33 (11) (am) 3. (intro.) of the statutes is amended to read:

SB331,8,8 23.33 (11) (am) 3. (intro.) A county, city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles on a highway to cross a culvert or railroad right-of-way or a bridge that is not part of the national system of interstate and defense highways, that is 1,000 feet in length or less, and that is located within the territorial boundaries of the county, city, village, or town regardless of whether the county, city, village, or town has jurisdiction over the highway. Any such ordinance shall require a person crossing a culvert, railroad right-of-way, or bridge to do all of the following:

SB331,24 Section 24. 23.33 (11) (am) 3. a. of the statutes is amended to read:

SB331,8,12 23.33 (11) (am) 3. a. Cross the culvert, railroad right-of-way, or bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.

SB331,25 Section 25. 23.33 (11) (am) 3. c. of the statutes is amended to read:

SB331,8,15 23.33 (11) (am) 3. c. Stop the vehicle prior to the crossing entering the roadway.

SB331,26 Section 26. 23.33 (11) (am) 3. e. of the statutes is amended to read:

SB331,8,18 23.33 (11) (am) 3. e. Exit the highway as quickly and safely as practicable after crossing the culvert, railroad right-of-way, or bridge.

SB331,27 Section 27. 23.33 (11m) of the statutes is renumbered 23.33 (11m) (a) and amended to read:

SB331,9,2 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.

SB331,28 Section 28. 23.33 (11m) (b) of the statutes is created to read:

SB331,9,7 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 or patrol utility terrain vehicle when responding to an emergency call, engaged in an emergency, or in the pursuit of an actual or suspected violator of the law.

SB331,9,13 2. Except as provided in subd. 3., subd. 1. applies only if the operator of a patrol all-terrain vehicle or patrol utility terrain vehicle 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 or patrol utility terrain vehicle is being operated by a law enforcement officer, a blue light and a red light, both of which are flashing, oscillating, or rotating.

SB331,9,18 3. A law enforcement officer operating a patrol all-terrain vehicle or patrol utility terrain vehicle 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:

SB331,9,20 a. Knowledge of the officer’s presence may endanger the safety of a victim or other person.

SB331,9,22 b. Knowledge of the officer’s presence may cause the suspected violator to evade apprehension.

SB331,9,23 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.

SB331,10,5 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.

SB331,10,8 4. The operator of a patrol all-terrain vehicle or patrol utility terrain vehicle may proceed past a red light, stop signal, or stop sign but only after slowing down as necessary for safe operation.

SB331,10,13 5. The privileges granted to the operator of a patrol all-terrain vehicle or patrol utility terrain vehicle 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 for the consequences of the operator’s reckless disregard for the safety of others.

SB331,29 Section 29. 23.33 (13) (g) of the statutes is created to read:

SB331,10,20 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.