LRB-2893/1
TNF:kg:jf
2001 - 2002 LEGISLATURE
December 6, 2001 - Introduced by
Joint Legislative Council. Referred to
Committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.
SB335,2,4
1An Act to repeal 23.33 (1) (am), (ar), (dm), (e) and (f), 23.33 (1) (i), (ic), (je), (jm)
2and (js), 23.33 (4c) to (4z), 23.33 (13) (c) and (cm) to (e), 30.50 (1e), (1g), (1m) and
3(3d), 30.50 (3g), (3h), (3r) and (4m), 30.50 (9g), (9x) and (13m), 30.681 to 30.687,
4350.01 (1g), (1h) and (1i), 350.01 (2), (2d) and (3m), 350.01 (9), (9c), (10g) and
5(10r), 350.01 (21) and 350.101 to 350.108;
to renumber and amend 350.99;
6to amend 20.370 (5) (es), 23.33 (5) (d), 23.33 (9) (c), 23.33 (13) (a), 23.50 (1),
723.53 (1), 23.56 (1), 23.57 (1) (intro.), 23.58, 23.62 (1) (intro.), 30.204 (5), 30.74
8(1) (bn), 30.74 (3), 30.79 (1) (b) 1., 30.79 (2), 30.79 (3), 30.79 (4), 30.79 (5), 46.03
9(18) (f), 59.54 (14) (g), 281.31 (9), 341.055, 345.11 (1m), 345.11 (1r), 349.03 (1)
10(intro.) and (a), 349.06 (1) (a), chapter 350 (title), 350.01 (intro.), 350.01 (16),
11350.045, 350.055, 350.11 (1), 350.115 (1) (a), 350.12 (3) (b) and (4) (a) 4., 350.12
12(4) (b) 3., 350.17 (1), 350.17 (3), 350.18 (2), 350.19, 800.001, 800.02 (2) (b),
13885.235 (1m) and (4), 938.343 (9), 940.09 (1m) and (3), 940.25 (1m) and (3) and
14967.055 (2) (b);
to repeal and recreate 23.33 (12) (b), 23.33 (13) (b), 30.64 (3),
130.80 (6), 350.11 (3) and 350.17 (2); and
to create 110.07 (7), subchapter I (title)
2of chapter 350 [precedes 350.01] and subchapter II of chapter 350 [precedes
3350.50] of the statutes;
relating to: the intoxicated operation of an all-terrain
4vehicle, motorboat, or snowmobile.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Prefatory note: This bill is recommended by the joint legislative council's special
committee on recodification of operating while intoxicated and safety laws pertaining to
motor vehicle, all-terrain vehicle, boat or snowmobile operation. The special committee
was directed to study current statutes relating to operating a vehicle while under the
influence of an intoxicant or drug and to reorganize, simplify, modernize and clarify these
statutes and make minor substantive changes necessary to effect these goals. In
addition, the special committee was directed to study, with respect to an all-terrain
vehicle, a boat or a snowmobile, whether enforcement mechanisms need to be increased
or created to ensure compliance with the law.
This bill consolidates statutory provisions regarding the intoxicated operation of
all-terrain vehicles, motorboats and snowmobiles into one subchapter of the statutes. In
general, a number of policies expressed in the motor vehicle code with respect to the issue
of operating a motor vehicle while intoxicated are applied to the operation of all-terrain
vehicles, motorboats and snowmobiles, which, except for commercial motorboats, are
collectively referred to as sport recreational vehicles. The special committee explicitly
intends that, unless expressly noted, the bill makes no substantive changes in the
statutory provisions treated by the bill. Substantive changes in the bill are identified in
notes to the provisions substantively affected. The notes also describe the derivation of
the provisions contained in newly created subchapter II of chapter 350.
SB335, s. 1
5Section
1. 20.370 (5) (es) of the statutes is amended to read:
SB335,2,106
20.370
(5) (es)
Enforcement aids — snowmobiling enforcement. The amounts
7in the schedule from the snowmobile account in the conservation fund to provide law
8enforcement aids to counties as authorized under s. 350.12 (4) (a) 4. to be used
9exclusively for the enforcement of
subch. I of ch. 350
and of subch. II of ch. 350 as it
10relates to snowmobiles.
SB335, s. 2
1Section
2. 23.33 (1) (am), (ar), (dm), (e) and (f) of the statutes are repealed.
SB335, s. 3
2Section
3. 23.33 (1) (i), (ic), (je), (jm) and (js) of the statutes are repealed.
SB335, s. 4
3Section
4. 23.33 (4c) to (4z) of the statutes are repealed.
SB335, s. 5
4Section
5. 23.33 (5) (d) of the statutes is amended to read:
SB335,3,155
23.33
(5) (d)
Safety certification program established. The department shall
6establish or supervise the establishment of a program of instruction on all-terrain
7vehicle laws, including the intoxicated operation of
an all-terrain a sport
8recreational vehicle law
, as defined in s. 350.50 (16), regulations, safety and related
9subjects. The department shall establish by rule an instruction fee for this program.
10An instructor conducting the program of instruction under this paragraph shall
11collect the fee from each person who receives instruction. The department may
12determine the portion of this fee, which may not exceed 50%, that the instructor may
13retain to defray expenses incurred by the instructor in conducting the program. The
14instructor shall remit the remainder of the fee or, if nothing is retained, the entire
15fee to the department.
SB335, s. 6
16Section
6. 23.33 (9) (c) of the statutes is amended to read:
SB335,3,1917
23.33
(9) (c)
Signs. In addition to the projects listed in par. (b), the department
18may provide aid under this subsection to a town, village, city or county for up to 100%
19of the cost of placing signs developed under
sub. (4z) (a) 2 s. 350.66 (1) (b).
SB335, s. 7
20Section
7. 23.33 (12) (b) of the statutes is repealed and recreated to read:
SB335,3,2121
23.33
(12) (b) No operator of an all-terrain vehicle may do any of the following:
SB335,3,2322
1. Fail or refuse to comply with any lawful order, signal, or direction of a law
23enforcement officer.
SB335,3,2524
2. Disobey the instructions of any official traffic sign or signal unless otherwise
25directed by a law enforcement officer.
SB335,4,4
13. After having received a visual or audible signal to stop his or her all-terrain
2vehicle from a law enforcement officer, or marked police vehicle, knowingly resist the
3law enforcement officer by failing to stop the all-terrain vehicle as promptly as safety
4reasonably permits.
SB335,4,115
4. After having received a visual or audible signal from a law enforcement
6officer, or marked police vehicle, knowingly flee or attempt to elude any law
7enforcement officer by willful or wanton disregard of such signal so as to interfere
8with or endanger the operation of the police vehicle, or the law enforcement officer
9or other vehicles or pedestrians, nor may the operator increase the speed of the
10operator's all-terrain vehicle or extinguish the lights of the all-terrain vehicle in an
11attempt to elude or flee.
Note: Current law provides that no operator of an all-terrain vehicle, a boat or a
snowmobile may refuse to stop after being requested or signaled to do so by a law
enforcement officer. This Section and Section 9 specify that no operator of these vehicles
may refuse to comply with orders or instructions of a law enforcement officer, resist a law
enforcement by failing to stop or flee from a law enforcement officer. The penalties for
these increasingly serious offenses range from a forfeiture not exceeding $40 for the first
offense and not exceeding $100 for the second or subsequent conviction within a year to
a fine of not less $1,100 nor more than $10,000 and imprisonment for not more than 7
years and 6 months. These provisions are taken directly from ss. 346.04 and 346.17,
stats., relating to obedience to traffic officers, signs and signals and to fleeing from an
officer. The provisions also are repeated as necessary in this bill in Sections 21, 30, 52,
and 57 and in ss. 350.68 (2) and 350.74 (5) as created in this bill.
SB335, s. 8
12Section
8. 23.33 (13) (a) of the statutes is amended to read:
SB335,4,1413
23.33
(13) (a)
Generally. Except as provided in pars. (am)
to (e), (b), and (cg),
14any person who violates this section shall forfeit not more than $250.
SB335, s. 9
15Section
9. 23.33 (13) (b) of the statutes is repealed and recreated to read:
SB335,4,1916
23.33
(13) (b)
Penalties for refusal to obey law enforcement officers, signs, and
17signals. 1. A person who violates sub. (12) (b) 1. or 2. may be required to forfeit not
18less than $20 nor more than $40 for the first conviction and not less than $50 nor
19more than $100 for the 2nd or subsequent conviction within a year.
SB335,5,2
12. A person who violates sub. (12) (b) 3. may be fined not more than $10,000 or
2imprisoned for not more than 9 months or both.
SB335,5,53
3. a. Except as provided in subd. 3. b., c., or d., a person who violates sub. (12)
4(b) 4. shall be fined not less than $600 nor more than $10,000 and may be imprisoned
5for not more than 3 years.
SB335,5,96
b. If the violation results in bodily harm, as defined in s. 939.22 (4), to another,
7or causes damage to the property of another, as defined in s. 939.22 (28), the person
8shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for
9not more than 3 years.
SB335,5,1210
c. If the violation results in great bodily harm, as defined in s. 939.22 (14), to
11another, the person shall be fined not less than $1,100 nor more than $10,000 and
12may be imprisoned for not more than 3 years.
SB335,5,1513
d. If the violation results in the death of another, the person shall be fined not
14less than $1,100 nor more than $10,000 and may be imprisoned for not more than
157 years and 6 months.
Note: Current law provides that an operator of an all-terrain vehicle who refuses
to stop after being requested or signaled to do so by a law enforcement officer must forfeit
not more than $250. The violation and penalties are altered as described in the note to
Section 7 of the bill.
SB335, s. 10
16Section
10. 23.33 (13) (c) and (cm) to (e) of the statutes are repealed.
SB335, s. 11
17Section
11. 23.50 (1) of the statutes is amended to read:
SB335,6,718
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
19court to recover forfeitures, penalty assessments, jail assessments, applicable
20weapons assessments, applicable environmental assessments, applicable wild
21animal protection assessments, applicable natural resources assessments,
22applicable fishing shelter removal assessments, applicable snowmobile registration
23restitution payments and applicable natural resources restitution payments for
1violations of ss. 77.09, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57
2(2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2), subch. VI of ch.
377, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules
4promulgated thereunder, violations specified under s. 285.86, violations of rules of
5the Kickapoo reserve management board under s. 41.41 (7) (k) or violations of local
6ordinances enacted by any local authority in accordance with s. 23.33 (11) (am)
or, 730.77
, or 350.72.
SB335, s. 12
8Section
12. 23.53 (1) of the statutes is amended to read:
SB335,6,249
23.53
(1) The citation created under this section shall, in all actions to recover
10forfeitures, penalty assessments, jail assessments, applicable weapons assessments,
11applicable environmental assessments, applicable wild animal protection
12assessments, applicable natural resources assessments, applicable fishing shelter
13removal assessments, applicable snowmobile registration restitution payments and
14applicable natural resources restitution payments for violations of those statutes
15enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and
16any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used
17by any law enforcement officer with authority to enforce those laws, except that the
18uniform traffic citation created under s. 345.11 may be used by a traffic officer
19employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement
20agency of a municipality or county or a traffic officer employed under s. 110.07 in
21enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used
22for violations of ch. 350 relating to highway use. The citation may be used for
23violations of local ordinances enacted by any local authority in accordance with s.
2423.33 (11) (am)
or, 30.77
, or 350.72.
SB335, s. 13
25Section
13. 23.56 (1) of the statutes is amended to read:
SB335,7,7
123.56
(1) A person may be arrested for a violation of those statutes enumerated
2in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the
3Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances
4enacted by any local authority in accordance with s. 23.33 (11) (am)
or, 30.77
, or
5350.72 after a warrant that substantially complies with s. 968.04 has been issued.
6Except as provided in sub. (2), the person arrested shall be brought without
7unreasonable delay before a court having jurisdiction to try the action.
SB335, s. 14
8Section
14. 23.57 (1) (intro.) of the statutes is amended to read:
SB335,7,149
23.57
(1) (intro.) A person may be arrested without a warrant when the
10arresting officer has probable cause to believe that the person is committing or has
11committed a violation of those statutes enumerated in s. 23.50 (1), any
12administrative rules promulgated thereunder, any rule of the Kickapoo reserve
13management board under s. 41.41 (7) (k), or any local ordinances enacted by any local
14authority in accordance with s. 23.33 (11) (am)
or, 30.77
, or 350.72; and:
SB335, s. 15
15Section
15. 23.58 of the statutes is amended to read:
SB335,8,2
1623.58 Temporary questioning without arrest. After having identified
17himself or herself as an enforcing officer, an enforcing officer may stop a person in
18a public place for a reasonable period of time when the officer reasonably suspects
19that such person is committing, is about to commit or has committed a violation of
20those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
21thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7)
22(k), or any local ordinances enacted by any local authority in accordance with s. 23.33
23(11) (am)
or, 30.77
, or 350.72. Such a stop may be made only where the enforcing
24officer has proper authority to make an arrest for such a violation. The officer may
25demand the name and address of the person and an explanation of the person's
1conduct. Such detention and temporary questioning shall be conducted in the
2vicinity where the person was stopped.
SB335, s. 16
3Section
16. 23.62 (1) (intro.) of the statutes is amended to read:
SB335,8,104
23.62
(1) (intro.) Whenever an enforcing officer has probable cause to believe
5that a person subject to his or her authority is committing or has committed a
6violation of those statutes enumerated in s. 23.50 (1), any administrative rules
7promulgated thereunder, any rule of the Kickapoo reserve management board under
8s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance
9with s. 23.33 (11) (am)
or, 30.77,
or 350.72, the officer may proceed in the following
10manner:
SB335, s. 17
11Section
17. 30.204 (5) of the statutes is amended to read:
SB335,8,1912
30.204
(5) Exemption from certain statutes and rules. Activities of the
13department in conducting the lake acidification experiment are exempt from any
14prohibition, restriction, requirement, permit, license, approval, authorization, fee,
15notice, hearing, procedure or penalty specified under s. 29.601 (3), 30.01 to 30.03,
1630.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 87.30, 287.81, 299.15 to 299.23,
17299.91, 299.95
, or 299.97 or chs. 281, 283
, or 289 to 292
, or subch. II of ch. 350 as it
18relates to any type of motorboat, or specified in any rule promulgated, order issued
, 19or ordinance adopted under any of those sections or chapters.
SB335, s. 18
20Section
18. 30.50 (1e), (1g), (1m) and (3d) of the statutes are repealed.
SB335, s. 19
21Section
19. 30.50 (3g), (3h), (3r) and (4m) of the statutes are repealed.
SB335, s. 20
22Section
20. 30.50 (9g), (9x) and (13m) of the statutes are repealed.
SB335, s. 21
23Section
21. 30.64 (3) of the statutes is repealed and recreated to read:
SB335,8,2424
30.64
(3) No operator of a boat may do any of the following:
SB335,9,2
1(a) Fail or refuse to comply with any lawful order, signal, or direction of a law
2enforcement officer.
SB335,9,43
(b) Disobey the instructions of any official traffic sign or signal unless otherwise
4directed by a law enforcement officer.
SB335,9,85
(c) After having received a visual or audible signal to stop his or her boat from
6a law enforcement officer, or marked police vehicle, knowingly resist the law
7enforcement officer by failing to stop the boat as promptly as safety reasonably
8permits.
SB335,9,149
(d) After having received a visual or audible signal from a law enforcement
10officer, or marked police vehicle, knowingly flee or attempt to elude any law
11enforcement officer by willful or wanton disregard of such signal so as to interfere
12with or endanger the operation of the police vehicle, or the law enforcement officer
13or other vehicles or individuals, nor may the operator increase the speed of the
14operator's boat or extinguish the lights of the boat in an attempt to elude or flee.