AB1039,,1 2023 ASSEMBLY BILL 1039

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,,2 An Act to repeal 23.33 (11) (am) 3. c.; 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 (3) (a), 23.33 (4) (d) 3. b., 23.33 (11) (am) 3. (intro.), 23.33 (11) (am) 4., 340.01 (3) (a), 340.01 (3) (b), 340.01 (3) (c), 340.01 (3) (d), 340.01 (3) (dg), 340.01 (3) (dh) and 340.01 (3) (dm) (intro.); and to create 23.33 (1) (jb), 23.33 (1) (jf), 23.33 (1) (jg), 23.33 (1) (jh), 23.33 (4) (d) 8., 23.33 (11m) (b), 23.33 (13) (g) and 340.01 (37r) 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.

AB1039,,3 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.