AB369: Bill Text

AB369,25,25 2. Provide for the development of signs briefly explaining the intoxicated operation of an off-highway vehicle law.

AB369,26,4 (b) The department shall develop and issue an educational pamphlet on the intoxicated operation of an off-highway vehicle law to be distributed, beginning within 6 months after the effective date of this paragraph .... [LRB inserts date], to persons issued off-highway vehicle registration certificates under sub. (2).

AB369,26,6 (5) Equipment requirements. No person may operate a Class B off-highway vehicle unless it meets all of the following requirements:

AB369,26,8 (a) If it is equipped with an internal combustion engine, it has a complete exhaust system that includes a muffler and a tailpipe.

AB369,26,9 (b) It has a permanently mounted and attached fuel cell or tank.

AB369,26,11 (c) It has a frame-mounted roll cage that is constructed in a manner specified by the department by rule and that encloses the operator and each passenger.

AB369,26,14 (d) It has a permanently affixed blaze orange safety flag that is at least 144 square inches in size and that is displayed from a pole that extends at least 8 feet above the ground on the front passenger side of the off-highway vehicle.

AB369,26,15 (e) It has 2 headlights.

AB369,26,16 (f) It has 2 brake lights.

AB369,26,17 (g) It has front and rear turn signals.

AB369,26,18 (h) It has side markers on the front and rear driver and passenger sides.

AB369,26,20 (i) All of the seats are permanently mounted and equipped with shoulder and lap safety belts.

AB369,26,21 (j) It does not contain an infant or child seat.

AB369,26,23 (k) It is equipped with an unopened kit that is capable of absorbing, containing, and collecting a spill of a minimum of 3.75 gallons of petroleum products.

AB369,26,25 (L) It has a battery that is secured in the vehicle in a manner that requires the use of a wrench or key to remove it.

AB369,27,4 (6) Noise limits. No person may manufacture, sell, rent, or operate a Class B off-highway vehicle that is constructed in such a manner that noise emitted from the off-highway vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.

AB369,27,7 (6m) Speed limits. (a) Except as provided in par. (b), no person may operate an off-highway vehicle on an off-highway vehicle trail at a speed exceeding a posted speed limit or, if no speed limit is posted, at a speed exceeding 20 miles per hour.

AB369,27,9 (b) No person may operate an off-highway vehicle on an off-highway vehicle trail when within 150 feet of a dwelling at a speed exceeding 10 miles per hour.

AB369,27,15 (7) Accidents. If an accident results in the death of any person, in the injury of any person that requires the treatment of the person by a physician, or in property damage of $500 or more, the operator of each off-highway vehicle involved in the accident shall, within 10 days of the date of the accident, provide a report of the accident to the department in the form and manner required by the department by rule.

AB369,27,19 (8) Trails. (a) Department authority. The department shall encourage and supervise a system of off-highway vehicle trails. The system shall include trails in state forests. The department may establish standards and procedures for certifying the designation of off-highway vehicle trails.

AB369,27,22 (b) Designation. A town, village, city, county, or the department may designate corridors through land that it owns or controls, or for which it obtains leases, easements, or permission, for use as off-highway vehicle trails.

AB369,27,25 (c) Restrictions. The designating authority may specify effective periods for the use of off-highway vehicle trails and may restrict or prohibit the operation of an off-highway vehicle during certain periods of the year.

AB369,28,3 (d) Signs. The department, in cooperation with the department of transportation, shall establish uniform off-highway vehicle trail signs and standards.

AB369,28,8 (e) Interference with signs and standards prohibited. 1. No person may intentionally remove, damage, deface, move, or obstruct any uniform off-highway vehicle trail sign or standard or intentionally interfere with the effective operation of any uniform off-highway vehicle trail sign or standard if the sign or standard is legally placed by the state, any municipality, or any authorized individual.

AB369,28,13 2. No person may possess any uniform off-highway vehicle trail sign or standard of the type established by the department for the warning, instruction, or information of the public, unless he or she obtained the uniform off-highway vehicle trail sign or standard in a lawful manner. Possession of a uniform off-highway vehicle trail sign or standard creates a rebuttable presumption of illegal possession.

AB369,28,16 (8m) Administration. (a) Before January 1 of each fiscal year, the department shall determine the total amount of fees received from the registration of off-highway vehicles under sub. (2) in the previous fiscal year.

AB369,28,20 (b) The department may use funds appropriated to the department under s. 20.370 (1) (jg) for state off-highway vehicle projects or for aid to towns, villages, cities, counties, and federal agencies for nonstate off-highway vehicle projects conducted for any of the following purposes:

AB369,28,22 1. To acquire an easement or land in fee simple for development of an off- highway vehicle trail.

AB369,28,24 2. To develop or maintain an off-highway vehicle facility, including a parking area, riding area, shelter, toilet, or other improvement.

AB369,28,25 3. To develop or maintain an off-highway vehicle trail.

AB369,29,3 (9) Age restrictions for operation; safety certificate requirements. (a) No person under the age of 16 may operate an off-highway vehicle on an off-highway vehicle trail.

AB369,29,7 (b) No person who is 16 or 17 years of age may operate an off-highway vehicle on an off-highway vehicle trail unless he or she is subject to the continuous verbal direction and control of a person who is operating another off-highway vehicle and who is at least 18 years of age.

AB369,29,11 (c) No person who is born on or after December 31, 1993, may operate an off-highway vehicle on an off-highway vehicle trail unless he or she holds a valid safety certificate issued under par. (d) or issued by another state or a province of Canada.

AB369,29,24 (d) The department shall establish or supervise the establishment of a program of instruction on off-highway vehicle laws, including the intoxicated operation of an off-highway 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 percent, 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 $5.

AB369,30,2 (10) Grant program. (a) The department shall establish a program to award grants to organizations that meet the eligibility requirements under par. (b).

AB369,30,4 (b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:

AB369,30,5 1. The organization is a nonstock corporation organized in this state.

AB369,30,7 2. The organization promotes the operation of off-highway vehicles in a manner that is safe and responsible and that does not harm the environment.

AB369,30,10 3. The organization promotes the operation of off-highway vehicles in a manner that does not conflict with the laws, rules, and departmental policies that relate to the operation of off-highway vehicles.

AB369,30,13 4. The interest of the organization is limited to the recreational operation of off-highway vehicles on off-highway vehicle trails and other areas that are off of the highways.

AB369,30,15 5. The organization has a board of directors that has a majority of members who are off-highway vehicle enthusiasts and off-highway vehicle trail users.

AB369,30,16 6. The organization provides support to off-highway vehicle clubs.

AB369,30,19 (c) An organization receiving a grant under this subsection shall use the grant moneys to promote and provide support to the program established under sub. (9) (d) by conducting activities that include all of the following:

AB369,30,21 1. Collecting data on the recreational operation of off-highway vehicles off of the highways.

AB369,30,23 2. Providing assistance to the department in locating, recruiting, and training instructors for the program established under sub. (9) (d).

AB369,30,25 3. Attempting to increase participation by current and future off-highway vehicle operators and owners in the program established under sub. (9) (d).

AB369,31,5 4. In consultation with the department of natural resources and the department of tourism, creating an outreach program to inform local communities of appropriate off-highway vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract off-highway vehicle operators.

AB369,31,12 5. Attempting to improve and maintain its relationship with the department of natural resources, the department of tourism, Class B off-highway vehicle dealers, Class B off-highway vehicle manufacturers, all-terrain vehicle clubs, as defined in s. 23.33 (1) (bc), utility terrain vehicle clubs, snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (1) (d), and other organizations that promote the recreational operation of all-terrain vehicles, utility terrain vehicles, and snowmobiles.

AB369,31,16 6. Recruiting, assisting in the training of, and providing support to a corps of volunteers that will assist in providing instruction on the safe and responsible operation of off-highway vehicles that is given in the field to off-highway vehicle operators.

AB369,31,20 7. Publishing a manual in cooperation with the department to be used to train volunteers in monitoring the recreational operation of off-highway vehicles for safety issues and other issues that relate to the responsible operation of off-highway vehicles.

AB369,31,22 (d) The department shall pay the grants from the appropriation under s. 20.370 (1) (jg).

AB369,32,2 (11) Damage claim program. The department shall establish, by rule, a program to pay claims to owners of property damaged by the unauthorized operation of off-highway vehicles. The rules shall specify eligibility requirements and procedures for obtaining a payment under the program. The department shall make payments under this subsection from the appropriation under s. 20.370 (1) (jg).

AB369,32,5 (12) Local ordinances. (a) Counties, towns, cities, and villages may enact ordinances regulating off-highway vehicles on off-highway vehicle trails maintained or designated by the county, city, town, or village.

AB369,32,8 (b) Any county, town, city, or village may enact an ordinance that is in strict conformity with this section and rules promulgated by the department under this section if the ordinance encompasses all aspects encompassed by this section.

AB369,32,13 (13) Enforcement. (a) An officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), conservation warden appointed by the department under s. 23.10, county sheriff, or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.

AB369,32,17 (b) No operator of an off-highway vehicle required to be registered by the department under this section may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in s. 939.22 (5).

AB369,32,23 (14) Penalties. (a) General penalties. Except as provided in pars. (b) and (c), any person who violates this section shall forfeit not less than $250 nor more than $5,000 for a first violation, not less than $500 nor more than $10,000 for a 2nd violation within 10 years of the first violation, and not less than $1,000 nor more than $25,000 for a 3rd or subsequent violation within 10 years of the immediately preceding violation.

AB369,33,3 (b) Penalties related to intoxicated operation. 1. Except as provided in subds. 2. and 3., any person who violates sub. (4c) (a) 1., 2., or 3. or (4p) (e) shall forfeit not less than $150 nor more than $300.

AB369,33,8 2. Except as provided in subd. 3., any person who violates sub. (4c) (a) 1., 2., or 3. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an off-highway vehicle law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.

AB369,33,13 3. Any person who violates sub. (4c) (a) 1., 2., or 3. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an off-highway vehicle law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

AB369,33,16 (c) Penalty related to causing injury; intoxicants. Any person who violates sub. (4c) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.

AB369,33,19 (d) Calculation of previous convictions. In determining the number of previous convictions under par. (b) 2. and 3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB369,33,25 (dm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an off-highway vehicle law, the clerk of the court in which the conviction occurred, or the justice, judge, or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

AB369,34,9 (e) Alcohol, controlled substances, or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e), or who violates s. 940.09 or 940.25 if the violation involves the operation of an off-highway vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances, or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB369,34,12 (f) Surcharge. If a court imposes a forfeiture for a violation of a provision of this section, the court shall impose an off-highway vehicle surcharge under ch. 814 in the amount of $100.

AB369,34,17 (g) Safety certificate requirement. In addition to the penalties under par. (a), the court shall require any person who violates this section to successfully complete the program of instruction on off-highway vehicle laws established by the department under sub. (9) (d), regardless of whether the person has previously successfully completed the program.

AB369,34,21 (h) Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform off-highway vehicle trail sign or standard that the defendant removed, damaged, defaced, moved, or obstructed.

AB369,8 Section 8. 23.45 (1) (d) of the statutes is amended to read:

AB369,34,25 23.45 (1) (d) "Registration" means any registration documentation, as defined in s. 23.33 (1) (jn), 23.37 (1) (p), or s. 350.01 (10t), or certification or registration documentation, as defined in s. 30.50 (3b), issued by the department or its agents.

AB369,9 Section 9. 23.50 (1) of the statutes is amended to read:

AB369,35,12 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) , 23.37 (12), or 30.77.

AB369,10 Section 10. 23.50 (3) of the statutes is amended to read:

AB369,35,21 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), 23.37 (12), 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.

AB369,11 Section 11. 23.53 (1) of the statutes is amended to read:

AB369,36,9 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), 23.37 (12), or 30.77.

AB369,12 Section 12. 23.56 (1) of the statutes is amended to read:

AB369,36,17 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) , 23.37 (12), 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.

AB369,13 Section 13. 23.57 (1) (intro.) of the statutes is amended to read:

AB369,36,24 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), 23.37 (12), or 30.77; and:

AB369,14 Section 14. 23.58 of the statutes is amended to read:

AB369,37,12 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), 23.37 (12), 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.

AB369,15 Section 15. 23.62 (1) (intro.) of the statutes is amended to read:

AB369,37,20 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), 23.37 (12), or 30.77, the officer may proceed in the following manner:

AB369,16 Section 16. 25.29 (1) (a) of the statutes is amended to read:

AB369,38,2 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.35, 23.38 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58, 71.10 (5), 71.30 (10), and 90.21, including grants received from the federal government or any of its agencies except as otherwise provided by law.

AB369,17 Section 17. 25.40 (1) (br) of the statutes is created to read:

AB369,38,4 25.40 (1) (br) Moneys received under s. 23.37.

AB369,18 Section 18. 30.26 (4) (title) of the statutes is amended to read:

AB369,38,7 30.26 (4) (title) Snowmobiles, all-terrain vehicles, and utility terrain Off-highway vehicles.