SB158: Bill Text

SB158,6,11 3. `Operating with alcohol concentrations at specified levels; below age 19.' If a person has not attained the age of 19, the person may not engage in the operation of an all-terrain vehicle or a lightweight utility vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.

SB158,6,16 (b) Causing injury. 1. ` Causing injury while under the influence of an intoxicant.' No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle or a lightweight utility vehicle may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

SB158,6,19 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

SB158,6,23 2m. `Causing injury while operating with a restricted controlled substance.' No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

SB158, s. 4 Section 4. 23.33 (4g) (a) of the statutes is amended to read:

SB158,7,5 23.33 (4g) (a) Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.

SB158, s. 5 Section 5. 23.33 (4g) (b) of the statutes is amended to read:

SB158,7,12 23.33 (4g) (b) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or for the purpose of deciding whether or not to request a chemical test under sub. (4p). Following the preliminary breath screening test, chemical tests may be required of the person under sub. (4p).

SB158, s. 6 Section 6. 23.33 (4j), (4L) and (4p) (a) 1. and 3., (b) 4., (c) 1. and 2., (d) and (e) 1. and 2. of the statutes are amended to read:

SB158,7,20 23.33 (4j) Applicability of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law. In addition to being applicable upon highways, the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law is applicable upon all premises held out to the public for use of their all-terrain or lightweight utility vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.

SB158,8,4 (4L) Implied consent. Any person who engages in the operation of an all-terrain vehicle or a lightweight utility vehicle upon the public highways of this state, or in those areas enumerated in sub. (4j), is deemed to have given consent to provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis as required under sub. (4p). Any person who engages in the operation of an all-terrain vehicle or a lightweight utility vehicle within this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis as required under sub. (4p).

SB158,8,13 (4p) (a) 1. `Samples; submission to tests.' A person shall provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if he or she is requested to submit to the test by a law enforcement officer.

SB158,8,19 3. `Unconscious person.' A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law, one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.

SB158,9,5 (b) 4. `Validity; procedure.' A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health and family services and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this subsection. Blood may be withdrawn from a person arrested for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53

SB158,9,14 (c) 1. `Additional chemical test.' If a person is arrested for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or is the operator of an all-terrain vehicle involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer the additional chemical test specified under par. (b) 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis.

SB158,9,23 2. `Optional test.' If a person is arrested for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if the person is not requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under par. (b) 2. or the additional chemical test under par. (b) 3.

SB158,9,25 (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b) or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB158,10,11 (e) 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law.

SB158,10,13 2. Whether the person was lawfully placed under arrest for violating the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law.

SB158, s. 7 Section 7. 23.33 (4t) of the statutes is amended to read:

SB158,10,18 23.33 (4t) Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

SB158, s. 8 Section 8. 23.33 (4x) (title) of the statutes is amended to read:

SB158,10,21 23.33 (4x) (title) Officer's action after arrest for operating an all-terrain vehicle or a lightweight utility vehicle while under influence of intoxicant.

SB158, s. 9 Section 9. 23.33 (6) of the statutes is amended to read:

SB158,11,2 23.33 (6) Equipment requirements. (a) A person who operates an all-terrain vehicle or a lightweight utility vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle or the lightweight utility vehicle.

SB158,11,6 (b) The headlamp on an all-terrain vehicle or a lightweight utility vehicle is 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 the lightweight utility vehicle.

SB158,11,9 (c) The tail lamp on an all-terrain vehicle or a lightweight utility vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.

SB158,11,11 (d) Every all-terrain vehicle and lightweight utility vehicle is required to be equipped with at least one brake operated either by hand or by foot.

SB158,11,14 (e) Every all-terrain vehicle and lightweight utility vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service.

SB158, s. 10 Section 10. 340.01 (4) (a) of the statutes is amended to read:

SB158,11,18 340.01 (4) (a) Type 1 is a motor vehicle designed and used primarily for carrying persons but which does not come within the definition of a motor bus, motorcycle, moped or, motor bicycle, or low-speed vehicle.

SB158, s. 11 Section 11. 340.01 (19d) of the statutes is created to read:

SB158,11,23 340.01 (19d) "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.

SB158, s. 12 Section 12. 340.01 (25r) of the statutes is created to read:

SB158,12,9 340.01 (25r) "Lightweight utility vehicle" means an engine-driven device having a gross weight of more than 700 pounds but not more than 1,999 pounds that is designed to travel on four or more low-pressure tires, is equipped with a cargo area, and is used primarily off a highway. For the purposes of this subsection, a "low pressure tire" is a tire that is designed to be mounted on a rim with a maximum diameter of 13 inches and to be inflated with an operating pressure not to exceed 8 pounds per square inch as recommended by the manufacturer. The definition of "lightweight utility vehicle" does not include golf carts, low-speed vehicles, or off-road utility vehicles.

SB158, s. 13 Section 13. 340.01 (27m) of the statutes is created to read:

SB158,12,14 340.01 (27m) "Low-speed vehicle" means a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and that was originally manufactured to meet the applicable equipment standards under 49 CFR 571.500. "Low-speed vehicle" does not include a golf cart.

SB158, s. 14 Section 14. 340.01 (35) of the statutes is amended to read:

SB158,12,22 340.01 (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile , a lightweight utility vehicle, and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.

SB158, s. 15 Section 15. 345.11 (1r) of the statutes is amended to read:

SB158,13,5 345.11 (1r) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances in conformity with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle or a lightweight utility vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

SB158, s. 16 Section 16. 346.02 (11m) of the statutes is created to read:

SB158,13,12 346.02 (11m) Applicability to lightweight utility vehicles. The operator of a lightweight utility vehicle on a roadway is subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1), and 346.94 (1) and (9) but is not subject to any other provision of this chapter.

SB158, s. 17 Section 17. 347.24 (1) (c) of the statutes is amended to read:

SB158,13,16 347.24 (1) (c) An implement of husbandry which is an all-terrain vehicle or a lightweight utility vehicle need only comply with the lamp requirements established under s. 23.33 (6).

SB158, s. 18 Section 18. 347.415 (1g) of the statutes is amended to read:

SB158,13,23 347.415 (1g) In this section, "odometer" means an instrument for measuring and recording the actual distance that a motor vehicle, snowmobile, or all-terrain vehicle, or lightweight utility vehicle has traveled while in operation, but does not include any auxiliary instrument designed to be reset to zero to measure and record the actual distance that a motor vehicle, snowmobile, or all-terrain vehicle, or lightweight utility vehicle has traveled on trips.

SB158, s. 19 Section 19. 347.415 (1m) of the statutes is amended to read:

SB158,14,4 347.415 (1m) No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer of any motor vehicle, snowmobile, or all-terrain vehicle , or lightweight utility vehicle with the intent to change or affect the number of miles indicated thereon.

SB158,14,5 (End)