SB331: Bill Text

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.

SB331,30 Section 30. 23.335 (1) (zde) of the statutes is created to read:

SB331,11,6 23.335 (1) (zde) “Patrol off-highway motorcycle” means an off-highway motorcycle 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 off-highway motorcycle 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.

SB331,31 Section 31. 23.335 (9) (d) of the statutes is created to read:

SB331,11,11 23.335 (9) (d) 1. Subject to subds. 2. to 5., par. (a) 6., 7., and 8. do not apply to the operator of a patrol off-highway motorcycle when responding to an emergency call, engaged in an emergency, or in the pursuit of an actual or suspected violator of the law.

SB331,11,16 2. Except as provided in subd. 3., subd. 1. applies only if the operator of a patrol off-highway motorcycle 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 off-highway motorcycle is being operated by a law enforcement officer, a blue light and a red light, both of which are flashing, oscillating, or rotating.

SB331,11,21 3. A law enforcement officer operating a patrol off-highway motorcycle 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:

SB331,11,23 a. Knowledge of the officer’s presence may endanger the safety of a victim or other person.

SB331,12,2 b. Knowledge of the officer’s presence may cause the suspected violator to evade apprehension.

SB331,12,5 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.

SB331,12,8 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.

SB331,12,11 4. The operator of a patrol off-highway motorcycle may proceed past a red light, stop signal, or stop sign but only after slowing down as necessary for safe operation.

SB331,12,16 5. The privileges granted to the operator of a patrol off-highway motorcycle 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.

SB331,32 Section 32. 340.01 (2g) of the statutes is amended to read:

SB331,12,24 340.01 (2g) “All-terrain vehicle” means a commercially designed and manufactured motor-driven device that has a weight, without fluids, of 900 pounds or less, has a width of not more than 50 inches as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle’s basic operation, is equipped with a seat designed to be straddled by the operator, a headlight, tail lamp, and brake light, and travels on 3 or more tires.

SB331,33 Section 33. 340.01 (3) (a) of the statutes is amended to read:

SB331,13,4 340.01 (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.

SB331,34 Section 34. 340.01 (3) (b) of the statutes is amended to read:

SB331,13,9 340.01 (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.

SB331,35 Section 35. 340.01 (3) (c) of the statutes is amended to read:

SB331,13,12 340.01 (3) (c) Vehicles, including all-terrain vehicles, utility terrain vehicles, and snowmobiles, of a fire department or fire patrol.

SB331,36 Section 36. 340.01 (3) (d) of the statutes is amended to read:

SB331,13,18 340.01 (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.

SB331,37 Section 37. 340.01 (3) (dg) of the statutes is amended to read:

SB331,14,2 340.01 (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.

SB331,38 Section 38. 340.01 (3) (dh) of the statutes is amended to read:

SB331,14,12 340.01 (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.

SB331,39 Section 39. 340.01 (3) (dm) (intro.) of the statutes is amended to read:

SB331,14,15 340.01 (3) (dm) (intro.) Privately owned motor vehicles, including all-terrain vehicles, utility terrain vehicles, and snowmobiles, that are all of the following:

SB331,40 Section 40. 340.01 (37r) of the statutes is created to read:

SB331,14,18 340.01 (37r) “Off-highway motorcycle” has the meaning given in s. 23.335 (1) (q).

SB331,41 Section 41. 340.01 (73e) of the statutes is created to read:

SB331,14,21 340.01 (73e) “Utility terrain vehicle” has the meaning given in s. 23.33 (1) (ng).

SB331,42 Section 42. 340.01 (74) of the statutes is amended to read:

SB331,15,4 340.01 (74) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile, an all-terrain vehicle, a utility terrain vehicle, a personal delivery device, an electric scooter, and an electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

SB331,43 Section 43. 350.01 (10a) of the statutes is created to read:

SB331,15,13 350.01 (10a) “Patrol snowmobile” means a snowmobile 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 snowmobile 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.

SB331,44 Section 44. 350.10 (4) of the statutes is created to read:

SB331,15,18 350.10 (4) (a) Subject to pars. (b) to (e), sub. (1) (c), (g), (gm), and (i) do not apply to the operator of 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.

SB331,15,23 (b) Except as provided in par. (c), par. (a) applies only if the operator of 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 snowmobile is being operated by a law enforcement officer, a blue light and a red light, both of which are flashing, oscillating, or rotating.

SB331,16,4 (c) A law enforcement officer operating 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:

SB331,16,6 1. Knowledge of the officer’s presence may endanger the safety of a victim or other person.

SB331,16,8 2. Knowledge of the officer’s presence may cause the suspected violator to evade apprehension.

SB331,16,11 3. 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.

SB331,16,14 4. 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.

SB331,16,16 (d) The operator of a patrol snowmobile may proceed past a red light, stop signal, or stop sign but only after slowing down as necessary for safe operation.

SB331,16,21 (e) The privileges granted to the operator of 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 for the consequences of the operator’s reckless disregard for the safety of others.

SB331,45 Section 45. Nonstatutory provisions.

SB331,17,3 (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.

SB331,17,4 (end)