AB369: Bill Text

LRB-0056/2

RNK&MGG:eev&wlj:ev

2013 - 2014 LEGISLATURE

2013 Assembly BILL 369

September 13, 2013 - Introduced by Representatives Mursau, Swearingen, A. Ott, Bies and Kahl, cosponsored by Senators Tiffany and Gudex. Referred to Committee on Natural Resources and Sporting Heritage.

AB369,2,2 An Act to amend 23.09 (23) (a), 23.119 (1) (b), 23.45 (1) (d), 23.50 (1), 23.50 (3), 23.53 (1), 23.56 (1), 23.57 (1) (intro.), 23.58, 23.62 (1) (intro.), 25.29 (1) (a), 30.26 (4) (title), 30.26 (4) (a) (intro.), 30.26 (4) (b), 30.29 (1) (b), 46.03 (18) (f), 59.54 (14) (g), 77.51 (13s), 77.61 (1), 77.73 (2), 78.75 (1m) (a) 2m., 78.75 (1m) (a) 3., 110.07 (1) (a) 1., 110.07 (3), 322.111, 344.61 (1), 345.11 (1r), 346.66 (1) (c), 346.71 (1), 346.71 (2), 800.02 (2) (b), 814.63 (3m) (a), 814.65 (4m) (a), 885.235 (1m), 885.235 (4), 895.043 (6), 938.17 (1) (intro.), 938.343 (9), 940.09 (1m) (b), 940.09 (3), 940.25 (1m) (b), 940.25 (3), 973.06 (1) (j) and 973.09 (2) (a) 1. d.; and to create 15.347 (9), 20.370 (1) (jg), 20.370 (1) (jq), 20.370 (3) (av), 23.37, 25.40 (1) (br) and 814.77 (17) of the statutes; relating to: regulation of off-highway vehicles, creating an off-highway vehicle council, granting rule-making authority, requiring the exercise of rule-making authority, making appropriations, and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) administers the laws regulating the operation and registration of all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs). This bill establishes requirements for the operation and registration of off-highway vehicles (OHVs) that are similar to the requirements that apply under current law to ATVs and UTVs. The bill defines an OHV as a four-wheel drive vehicle that has a ground clearance of at least seven inches, and that is designed for use off of a highway, regardless of whether it is also designed for use on a highway. The bill defines ground clearance as the distance between the base of an off-highway vehicle tire and the underside of the chassis of the off-highway vehicle. The bill excludes ATVs, UTVs, watercraft, and motorcycles from the definition of an OHV.

OHV trails

This bill requires DNR to encourage and supervise a system of OHV trails in the same manner that DNR is required under current law to encourage and supervise a system of ATV trails. The bill allows DNR to establish standards and procedures for certifying the designation of OHV trails. As under current law applicable to ATV trails, this bill allows a county, city, village, or town or DNR to designate corridors through land that it owns or controls for use as OHV trails. The bill also requires DNR to prepare maps that identify each OHV trail in this state.

OHV registration

This bill creates two classes of OHVs. Under the bill, a Class A OHV is an OHV that qualifies for registration by the Department of Transportation (DOT) under the laws that regulate the operation of vehicles on highways. A Class B OHV is generally one that may not be operated on a highway and that does not qualify for registration by DOT. With certain limited exceptions, the bill requires any person who operates an OHV on an OHV trail or other established public off-highway vehicle corridor to register the OHV with DNR and to pay an annual registration fee. The fee for registration of a Class A OHV is $50 and the fee for registration of a Class B OHV is $100. The bill also requires a person who is a Class B OHV manufacturer, dealer, distributor, or renter to register with DNR and obtain a commercial OHV certificate. Any person who registers an OHV with DNR must include the name and address of every owner of the OHV.

This bill authorizes DNR to appoint an agent to accept OHV registration applications on behalf of DNR in the same manner as DNR is authorized to appoint agents to register ATVs and UTVs. As with ATV and UTV registration, the agent is entitled to collect, and retain a portion of, a service fee for providing registration services.

Current law establishes a registration program under which the Lac du Flambeau band of Lake Superior Chippewa may issue registration certificates for ATVs and UTVs that are equivalent to the registration certificates issued by DNR. This bill establishes a similar registration program for OHV registration under which the Mole Lake band of Lake Superior Chippewa, in addition to the Lac du Flambeau band, may issue registration certificates that are similar to the OHV registration certificates issued by DNR.

Class B OHV equipment requirements

This bill prohibits any person from operating a Class B OHV unless the Class B OHV meets certain requirements. Those requirements include having a minimum of four wheels, being propelled by an electric or internal combustion engine, having a frame-mounted roll cage, having a permanently affixed blaze orange safety flag, and having permanently mounted seats that are equipped with safety belts. The bill also prohibits a person from manufacturing, selling, renting, or operating a Class B OHV in such a manner that it exceeds specified noise limits.

OHV operation

The bill prohibits any person from operating a Class B OHV, or a Class A OHV that is not registered by DOT, on public property unless the person operates the OHV on an OHV trail. To operate such an OHV on private property, the operator must obtain the consent of the property owner.

Under this bill, a person must obtain an operator's license from DOT to operate an OHV. Current law does not require a person to hold an operator's license to operate an ATV or UTV. The bill also prohibits a person from operating an OHV on an OHV trail at a speed greater than the posted speed limit or, if no speed limit is posted, at a speed greater than 20 miles per hour.

Under this bill, only a person who is at least 16 years old may operate an OHV on an OHV trail. The bill provides that if the operator is 16 or 17 years old, he or she may not operate an OHV on an OHV trail unless he or she is accompanied by another person who is at least 18 years old operating an OHV. Finally, if the operator is a person born on or after December 31, 1993, he or she must hold a valid safety certificate to operate the OHV on an OHV trail. This bill requires DNR to establish a program of instruction on OHV laws and to issue certificates to persons who successfully complete the program. These requirements are similar to the requirements that apply under current law concerning programs of instruction on ATV and UTV laws.

This bill prohibits a person from operating an OHV while under the influence of an intoxicant and requires an OHV operator to submit to certain screening tests if a law enforcement officer has probable cause to believe that the operator is violating or has violated the law prohibiting the intoxicated operation of an OHV. These provisions are similar to the provisions in current law relating to the operation of an ATV or UTV while under the influence of an intoxicant.

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.