AB435: Bill Text

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:

AB435, s. 1 Section 1. 23.33 (1) (im) of the statutes is created to read:

AB435,2,2 23.33 (1) (im) "Lodging establishment" means any of the following:

AB435,2,3 1. A bed and breakfast establishment, as defined in s. 254.61 (1).

AB435,2,4 2. A hotel, as defined in s. 254.61 (3).

AB435,2,5 3. A tourist rooming house, as defined in s. 254.61 (6).

AB435,2,6 4. A campground.

AB435, s. 2 Section 2. 23.33 (4) (b) of the statutes is amended to read:

AB435,2,11 23.33 (4) (b) Other highways; operation restricted. No person may operate an all-terrain vehicle on a highway except as authorized under pars. (d) and (e) to (f) or as authorized by rules promulgated by the department and approved by the department of transportation.

AB435, s. 3 Section 3. 23.33 (4) (f) of the statutes is created to read:

AB435,3,3 23.33 (4) (f) Operation for purpose of access. A person may operate an all-terrain vehicle on a portion of the roadway or shoulder of a highway for the purpose of residential access or for the purpose of access to and from a lodging establishment if the operation is in compliance with an ordinance enacted under sub. (11r).

AB435, s. 4 Section 4. 23.33 (5) (a) of the statutes is renumbered 23.33 (5) (a) 1. and amended to read:

AB435,3,17 23.33 (5) (a) 1. No person under 12 years of age may operate an all-terrain vehicle unless he or she is operating the all-terrain vehicle for an agricultural purpose and he or she is under the supervision of a person over 18 years of age or unless he or she is operating a small all-terrain vehicle on an all-terrain vehicle trail designated by the department and he or she is accompanied by his or her parent. No person who is under 12 years of age may operate an all-terrain vehicle which is an implement of husbandry on a roadway under any circumstances. No person who is under 12 years of age may operate an all-terrain vehicle on a roadway under the authorization provided under sub. (4) (d) 6. under any circumstances. No person who is under 12 years of age may rent or lease an all-terrain vehicle. For purposes of this paragraph subdivision, supervision does not require that the person under 12 years of age be subject to continuous direction or control by the person over 18 years of age.

AB435, s. 5 Section 5. 23.33 (5) (a) 2. of the statutes is created to read:

AB435,3,21 23.33 (5) (a) 2. No person who is under 16 years of age may operate an all-terrain vehicle on a roadway or a shoulder of a highway as authorized under sub. (4) (f) under any circumstances.

AB435, s. 6 Section 6. 23.33 (5) (b) 1. of the statutes is amended to read:

AB435,4,2 23.33 (5) (b) 1. No person who is at least 12 years of age and who is born on or after January 1, 1988, may operate an all-terrain vehicle unless he or she holds a valid safety certificate issued by this state or another state or by a province of Canada.

AB435, s. 7 Section 7. 23.33 (5) (b) 2. of the statutes is amended to read:

AB435,4,9 23.33 (5) (b) 2. Any person who is required to hold an all-terrain vehicle safety certificate while operating an all-terrain vehicle shall carry the certificate on the all-terrain vehicle and shall display the certificate to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle in an area designated by the instructor.

AB435, s. 8 Section 8. 23.33 (5) (c) of the statutes is amended to read:

AB435,4,15 23.33 (5) (c) Exceptions. Paragraphs (a) and (b) do not apply to a person who operates an all-terrain vehicle exclusively on land under the management and control of the person's immediate family. Paragraphs (a) and (b) do not apply to a person at least 12 years of age but under 16 years of age who holds a valid certificate issued by another state or a province of Canada.

AB435, s. 9 Section 9. 23.33 (5) (d) of the statutes is amended to read:

AB435,5,6 23.33 (5) (d) Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle in an area designated by the instructor.

AB435, s. 10 Section 10. 23.33 (11) (b) of the statutes is amended to read:

AB435,5,13 23.33 (11) (b) If a county, town, city, or village adopts an ordinance regulating all-terrain vehicles, its clerk shall immediately send a copy of the ordinance to the department, to the state traffic patrol, and to the office of any law enforcement agency of the municipality or county, town, city, or village having jurisdiction over any highway designated as an all-terrain vehicle route of the highways to which the ordinance is applicable.

AB435, s. 11 Section 11. 23.33 (11m) (e) 2. of the statutes is amended to read:

AB435,5,16 23.33 (11m) (e) 2. Subsections (3), (3g), (4) (a) to (e), (4c) to (4x), (6), (7), (10), (12), and (13).

AB435, s. 12 Section 12. 23.33 (11r) of the statutes is created to read:

AB435,5,19 23.33 (11r) Ordinances for access to residences and lodging. (a) Definition. In this subsection, "municipality" means county, town, city, or village.

AB435,5,25 (b) On state trunk highways. 1. Subject to subds. 3. and 4. and pars. (cm) and (cr), a municipality may enact an ordinance allowing the operation of all-terrain vehicles on a roadway and shoulder of a state trunk highway for any portion of the highway that is within the jurisdiction of the municipality for the purpose of traveling the shortest distance that is necessary to go between a residence and the all-terrain vehicle route or all-terrain vehicle trail that is closest to that residence.

AB435,6,7 2. Subject to subds. 3. and 4. and pars. (cm) and (cr), a municipality may enact an ordinance allowing the operation of all-terrain vehicles on a roadway and shoulder of a state trunk highway for any portion of the highway that is within the jurisdiction of the municipality for the purpose of traveling the shortest distance that is necessary to go between a lodging establishment and the all-terrain vehicle route or all-terrain vehicle trail that is closest to that lodging establishment if the municipality also enacts or has in effect an ordinance enacted under subd. 1.

AB435,6,13 3. A county or town may not enact an ordinance under subd. 1. or 2. that will allow the operation of all-terrain vehicles on a roadway and shoulder of a portion of a state trunk highway that is more than one-quarter mile in length unless the county or town has first received specific authorization from the department of transportation to allow the operation of all-terrain vehicles on the roadway and shoulder of that portion of the state trunk highway.

AB435,6,19 4. A county or town may enact an ordinance under subd. 1. or 2. that will allow the operation of all-terrain vehicles on a roadway and shoulder of a portion of a state trunk highway that is one-quarter mile in length or less if the operation of all-terrain vehicles on the roadway and shoulder has not been prohibited by rule by the department of transportation based on a finding by the department of transportation that such operation is unsafe.

AB435,6,25 (c) On other highways. 1. Subject to pars. (cm) and (cr), a municipality may enact an ordinance allowing the operation of all-terrain vehicles on a roadway and shoulder of a highway that is not a state trunk highway for any portion of the highway that is within the jurisdiction of the municipality for the purpose of traveling a distance of not more than 5 miles to go between a residence and the all-terrain vehicle route or all-terrain vehicle trail that is closest to that residence.

AB435,7,7 2. Subject to pars. (cm) and (cr), a municipality may enact an ordinance allowing the operation of all-terrain vehicles on a roadway and shoulder of a highway that is not a state trunk highway for any portion of the highway that is within the jurisdiction of the municipality for the purpose of traveling a distance of not more than 5 miles to go between a lodging establishment and the all-terrain vehicle route or all-terrain vehicle trail that is closest to that lodging establishment if the municipality also enacts or has in effect and ordinance enacted under subd. 1.

AB435,7,12 (cm) On highways in state parks and forests. A municipality may not enact an ordinance under par. (b) or (c) that will allow the operation of all-terrain vehicles on roadways or shoulders of highways that are located within a state park or state forest if the operation of all-terrain vehicles is prohibited within the state park or state forest.

AB435,7,16 (cr) On interstates and freeways. A municipality may not enact an ordinance under par. (b) or (c) that will allow the operation of all-terrain vehicles on a roadway or shoulder of a freeway that is a part of the federal system of interstate and defense highways or on a roadway or shoulder of any other freeway.

AB435,7,19 (ct) Speed limits. An ordinance enacted under par. (b) or (c) shall limit the speed of an all-terrain vehicles being operated as authorized under this subsection to speed limits not in excess of 25 miles per hour.

AB435,7,22 (cv) Right side of roadway. An ordinance enacted under par. (b) or (c) shall require that the operation of all-terrain vehicles as authorized under this subsection be as far on the right of the roadway or shoulder as is practicable.

AB435,7,25 (d) Model ordinances. The department and the off-the-road vehicle council shall jointly prepare model ordinances as examples of ordinances that a municipality may enact under this subsection.

AB435, s. 13 Section 13. 23.50 (1) of the statutes is amended to read:

AB435,8,11 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or (11r) or 30.77.

AB435, s. 14 Section 14. 23.50 (3) of the statutes is amended to read:

AB435,8,19 23.50 (3) All actions in municipal court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or (11r) or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51 (1m), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to violations of such ordinances.

AB435, s. 15 Section 15. 23.53 (1) of the statutes is amended to read:

AB435,9,7 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or (11r) or 30.77.

AB435, s. 16 Section 16. 23.56 (1) of the statutes is amended to read:

AB435,9,15 23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or (11r) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

AB435, s. 17 Section 17. 23.57 (1) (intro.) of the statutes is amended to read:

AB435,9,22 23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or (11r) or 30.77; and:

AB435, s. 18 Section 18. 23.58 of the statutes is amended to read:

AB435,9,25 23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or (11r) or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

AB435, s. 19 Section 19. 23.62 (1) (intro.) of the statutes is amended to read:

AB435,10,18 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or (11r) or 30.77, the officer may proceed in the following manner:

AB435, s. 20 Section 20. 800.02 (2) (b) of the statutes is amended to read:

AB435,10,24 800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or (11r) or 30.77, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).

AB435,10,25 (End)