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,,22An 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.

This bill makes numerous changes to laws relating to all-terrain vehicles (ATVs), utility terrain vehicles (UTVs), off-highway motorcycles (OHMs), and snowmobiles.

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.

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.

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.

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.

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.

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 speed and proximity to highways while responding to emergencies or violations of the law, subject to specified use of sirens and lights.

Under current law, no state trunk highway or connecting highway may be designated as an ATV route without DOT 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.