AB369: Bill Text

OHV council

This bill creates an OHV council (council) consisting of five members who are knowledgeable in the recreational use of OHVs. The bill requires DNR to distribute any rule that it proposes that affects the operation of OHVs to each member of the council for review and comment. The bill also requires DNR to consult with the council on proposed changes for the succeeding biennium in the appropriations and laws that affect OHVs and requires the council to meet to review the provisions affecting OHVs that are included in each executive budget bill.

OHV grant program and damage claim program

This bill also requires DNR to establish a program to award grants to organizations that promote the operation of OHV vehicles in a manner that is safe and responsible and that does not harm the environment. An organization that receives a grant under this program must use the grant moneys to promote and provide support to the program of instruction on OHV laws.

Under this bill, DNR must also promulgate rules to establish a damage claim program to pay claims to owners of property damaged by the unauthorized operation of OHVs.

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:

AB369,1 Section 1. 15.347 (9) of the statutes is created to read:

AB369,4,5 15.347 (9) Off-highway vehicle council. There is created in the department of natural resources an off-highway vehicle council consisting of 5 members appointed for 3-year terms who are knowledgeable in the various recreational uses of off-highway vehicles.

AB369,2 Section 2. 20.370 (1) (jg) of the statutes is created to read:

AB369,4,12 20.370 (1) (jg) Off-highway vehicle administration. From the general fund, a sum sufficient equal to the amount determined under s. 23.37 (8m) (a) for the purposes specified under 23.37 (8m) (b), for issuing and renewing off-highway vehicle registration documentation by the department under s. 23.37 (2) (h), for grants under s. 23.37 (10), for state law enforcement operations related to off-highway vehicles, and for the payment of claims under s. 23.37 (11).

AB369,3 Section 3. 20.370 (1) (jq) of the statutes is created to read:

AB369,5,3 20.370 (1) (jq) Off-highway vehicles; enforcement; trail restoration. All moneys received under s. 23.37 (14) (f) for state law enforcement operations related to off-highway vehicles and for off-highway vehicle trail restoration activities.

AB369,4 Section 4. 20.370 (3) (av) of the statutes is created to read:

AB369,5,7 20.370 (3) (av) Off-highway vehicle instruction programs. All moneys remitted to the department under s. 23.37 (9) (d) for programs or courses of instruction under s. 23.37 (9) (d).

AB369,5 Section 5. 23.09 (23) (a) of the statutes is amended to read:

AB369,5,12 23.09 (23) (a) In this subsection, "approval" means any type of approval or authorization issued by the department under ch. 29, subch. V. of ch. 30, or s. 23.33 (2), 23.37 (2), 27.01, or 350.12, including a license, permit, certificate, stamp, tag, registration, or vehicle admission receipt.

AB369,6 Section 6. 23.119 (1) (b) of the statutes is amended to read:

AB369,5,17 23.119 (1) (b) "Off-highway vehicle" means a motor-driven craft or vehicle principally manufactured for off-highway use but does not include a snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway vehicle defined in s. 23.37 (1) (jm).

AB369,7 Section 7. 23.37 of the statutes is created to read:

AB369,5,19 23.37 Off-highway vehicles. (1) Definitions. In this section:

AB369,5,20 (ag) "Alcohol beverage" has the meaning given in s. 125.02 (1).

AB369,5,21 (am) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

AB369,5,22 (ar) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).

AB369,5,24 (aw) "Approved public treatment facility" has the meaning given in s. 51.45 (2) (c).

AB369,6,2 (b) "Class A off-highway vehicle" means an off-highway vehicle that is eligible for registration under ch. 341.

AB369,6,4 (c) "Class B off-highway vehicle" means an off-highway vehicle that is not eligible for registration under ch. 341 for the reasons specified under s. 341.10 (6).

AB369,6,6 (cf) "Class B off-highway vehicle dealer" means a person engaged in the sale of Class B off-highway vehicles for profit at wholesale or retail.

AB369,6,9 (ch) "Class B off-highway vehicle distributor" means a person who sells or distributes Class B off-highway vehicles to Class B off-highway vehicle dealers or who maintains distributor representatives.

AB369,6,11 (cm) "Class B off-highway vehicle manufacturer" means a person engaged in the manufacture of Class B off-highway vehicles for sale to the public.

AB369,6,13 (cp) "Class B off-highway vehicle renter" means a person engaged in the rental or leasing of Class B off-highway vehicles to the public.

AB369,6,14 (d) "Controlled substance" has the meaning given in s. 961.01 (4).

AB369,6,15 (df) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB369,6,17 (dm) "Ground clearance" means the distance between the base of an off-highway vehicle tire and the underside of the chassis of the off-highway vehicle.

AB369,6,19 (e) "Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog, or other drug or any combination thereof.

AB369,6,22 (f) "Intoxicated operation of an off-highway vehicle law" means sub. (4c) or a local ordinance in conformity therewith or, if the operation of an off-highway vehicle is involved, s. 940.09 or 940.25.

AB369,6,23 (g) "Lac du Flambeau band" has the meaning given in s. 23.33 (1) (id).

AB369,7,3 (h) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1).

AB369,7,4 (i) "Mole Lake band" means the Mole Lake band of Lake Superior Chippewa.

AB369,7,5 (j) "Motorcycle" has the meaning given in s. 340.01 (32).

AB369,7,10 (jm) "Off-highway vehicle" means a 4-wheel drive vehicle that is powered by an electric or internal combustion engine, that has a ground clearance of at least 7 inches, and that is designed for use off of a highway, regardless of whether it is also designed for use on a highway. An off-highway vehicle does not include an all-terrain vehicle, a utility terrain vehicle, a watercraft, or a motorcycle.

AB369,7,12 (k) "Off-highway vehicle club" means a club consisting of individuals that promotes the recreational use of off-highway vehicles.

AB369,7,16 (L) "Off-highway vehicle trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by off-highway vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways.

AB369,7,19 (m) "Operate" means to exercise physical control over the speed or direction of an off-highway vehicle or to physically manipulate or activate any of the controls of an off-highway vehicle to put it in motion.

AB369,7,22 (mn) "Operation" means the exercise of physical control over the speed or direction of an off-highway vehicle or the physical manipulation or activation of any of the controls of an off-highway vehicle necessary to put it in motion.

AB369,7,25 (n) "Operator" means a person who operates an off-highway vehicle, who is responsible for the operation of an off-highway vehicle, or who is supervising the operation of an off-highway vehicle.

AB369,8,3 (o) "Owner" means a person who has lawful possession of an off-highway vehicle by virtue of legal title in the off-highway vehicle that entitles the person to possession of the off-highway vehicle.

AB369,8,6 (og) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person's blood, breath, or urine.

AB369,8,8 (or) "Refusal law" means sub. (4p) (e) or a local ordinance in conformity therewith.

AB369,8,10 (p) "Registration documentation" means an off-highway vehicle registration certificate or a registration decal.

AB369,8,11 (pm) "Restricted controlled substance" means any of the following:

AB369,8,13 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB369,8,15 2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in subd. 1.

AB369,8,16 3. Cocaine or any of its metabolites.

AB369,8,17 4. Methamphetamine.

AB369,8,18 5. Delta-9-tetrahydrocannabinol.

AB369,8,19 (q) "Roadway" has the meaning given in s. 340.01 (54).

AB369,8,20 (r) "Snowmobile" has the meaning given in s. 340.01 (58a).

AB369,8,22 (rm) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).

AB369,8,23 (s) "Utility terrain vehicle" has the meaning given in s. 23.33 (1) (ng).

AB369,9,4 (2) Registration. (a) Requirement. No person may operate, and no owner may give another person permission to operate, an off-highway vehicle on an off-highway vehicle trail unless the off-highway vehicle is registered with the department under this subsection or sub. (2g) or is exempt from registration with the department under this subsection. No person under the age of 18 may register an off-highway vehicle under this subsection.

AB369,9,6 (b) Exemptions. An off-highway vehicle is exempt from registration under this subsection if any of the following applies:

AB369,9,8 1. It is owned by this state or a political subdivision of this state and used for enforcement or emergency purposes.

AB369,9,10 2. It is owned or operated under contract with a utility and operated for the purpose of utility work.

AB369,9,12 3. It is owned by the United States, another state, or a political subdivision of that state.

AB369,9,14 (c) Registration; Class A; fee. The fee for issuance or renewal of a registration certificate for a Class A off-highway vehicle is $50.

AB369,9,16 (d) Registration; Class B; fee. The fee for issuance or renewal of a registration certificate for a Class B off-highway vehicle is $100.

AB369,9,22 (e) Registration; commercial owner; fee. 1. A person who is a Class B off-highway vehicle manufacturer, Class B off-highway vehicle dealer, Class B off-highway vehicle distributor, or Class B off-highway vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial off-highway vehicle certificate.

AB369,9,25 2. The fee for the issuance or renewal of a commercial off-highway vehicle certificate is $50 except that the fee for the issuance or renewal of a commercial off-highway vehicle certificate to an off-highway vehicle manufacturer is $150.

AB369,10,3 (f) Other fees. The fee for the issuance of a duplicate off-highway vehicle registration certificate or decal and the fee for transfer of an off-highway vehicle registration certificate is $5.

AB369,10,5 (g) Effective period. An off-highway vehicle registration certificate is valid for one year.

AB369,10,8 (h) Registration; issuers. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:

AB369,10,10 1. Directly issue, transfer, or renew the registration documentation with or without using the procedures specified in par. (j) 1.

AB369,10,13 2. Appoint persons, who are not employees of the department, as agents of the department to issue, transfer, or renew the registration documentation using either or both of the procedures specified in par. (j) 1.

AB369,10,17 (i) Registration; required information. The department may not issue a registration certificate under this subsection for an off-highway vehicle unless the application for the registration certificate includes the name and address of every owner of the off-highway vehicle.

AB369,10,21 (j) Registration; methods of issuance. 1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following procedures:

AB369,10,25 a. A procedure under which the department or an agent appointed under par. (h) 2. accepts applications for registration documentation and issues a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

AB369,11,4 b. A procedure under which the department or an agent appointed under par. (h) 2. may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

AB369,11,12 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the off-highway vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.

AB369,11,16 (k) Registration; supplemental fees. 1. In addition to the applicable fee under par. (c), (d), or (f), each agent appointed under par. (h) 2. shall collect a service fee of $3 each time the agent issues a validated registration receipt under par. (j) 1. a. The agent shall retain the entire amount of each service fee the agent collects.

AB369,11,20 2. In addition to the applicable fee under par. (c), (d), or (f), the department or the agent appointed under par. (h) 2. shall collect a service fee of $5 each time the procedure under par. (j) 1. b. is provided. The agent shall remit to the department $1 of each service fee the agent collects.

AB369,12,2 (L) Display. A person who is issued a registration decal under par. (j) shall affix the decal to the registered off-highway vehicle in such a manner that it may not be removed. The registration decal shall be displayed on the windshield of a registered Class A off-highway vehicle on the upper right passenger side. The registration decal shall be displayed within 2 inches of the right rear brake light on a registered Class B off-highway vehicle.

AB369,12,4 (m) Rules. The department may establish by rule additional procedures and requirements for off-highway vehicle registration.

AB369,12,12 (2g) Lac du Flambeau band and Mole Lake band registration programs. (a) Authorization for issuance. The Lac du Flambeau band and the Mole Lake band may issue registration certificates for off-highway vehicles that are equivalent to the registration certificates for off-highway vehicles that are issued by the department. The Lac du Flambeau band and the Mole Lake band may renew and transfer a registration certificate that the respective band or the department has issued. The Lac du Flambeau band and the Mole Lake band may issue duplicates of only those registration certificates that the respective band issues under this subsection.

AB369,12,19 (b) Requirements for issuance; fees; effective periods. 1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band and the Mole Lake band shall collect the same fee that would be collected for the equivalent registration certificate under sub. (2) (a). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band and the Mole Lake band shall collect the same fee that would be collected for the equivalent service under sub. (2) (f).

AB369,12,22 2. The Lac du Flambeau band and the Mole Lake band may not issue, renew, or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.

AB369,12,25 3. For a registration certificate issued, transferred, or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub. (2) (g).

AB369,13,4 4. The Lac du Flambeau band and the Mole Lake band may issue, renew, or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation or the Mole Lake reservation, respectively.