AB694: Bill Text

AB694,32,18 4. Whether the person refused to provide a sample or to submit to a chemical test.

AB694,33,2 (i) Chemical tests; effect of test results. The results of a chemical test required or administered under par. (f) or (g) 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 off-highway motorcycle 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. Results of these chemical tests shall be given the effect required under s. 885.235. Paragraphs (f) to (h) do not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB694,33,6 (j) Report of arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an off-highway motorcycle law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB694,33,11 (k) Release of persons arrested. 1. A person arrested for a violation of the intoxicated operation of the off-highway motorcycle law may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under par. (a) 1. or 2. shows that the person has an alcohol concentration of 0.05 or less, except as provided in subd 2.

AB694,33,14 2. A person arrested for a violation of the intoxicated operation of the off-highway motorcycle law may be released to his or her attorney, spouse, relative, or other responsible adult at any time after arrest.

AB694,33,16 (L) Public education program. 1. The department shall promulgate rules to provide for a public education program to:

AB694,33,18 a. Inform off-highway motorcycle operators of the prohibitions and penalties included in the intoxicated operation of an off-highway motorcycle law.

AB694,33,20 b. Provide for the development of signs briefly explaining the intoxicated operation of an off-highway motorcycle law.

AB694,33,24 2. The department shall develop and issue an educational pamphlet on the intoxicated operation of an all-terrain vehicle or a utility terrain vehicle law to be distributed to persons issued off-highway motorcycle registration certificates under sub. (3).

AB694,34,6 (13) Age restrictions; safety certificate requirements. (a) Under 12 years of age. No person under 12 years of age may operate an off-highway motorcycle on a roadway under any circumstances and may not operate an off-highway motorcycle off a roadway unless he or she is operating a small off-highway motorcycle and he or she is accompanied by a parent or guardian or by a person who is at least 18 years of age who has been designated by the parent or guardian.

AB694,34,10 (b) At least 12 years of age. No person who is at least 12 years of age and born after January 1, 1998, may operate an off-highway motorcycle off the highways unless the person holds a valid certificate issued by the department under sub. (14) or by another state or a province of Canada.

AB694,34,14 (c) Exemptions. 1. The restrictions under pars. (a) and (b) do not apply to the operation of an off-highway motorcycle on private property if the owner of the property has given consent for the operation and does not hold the property out to the public for use of off-highway motorcycles.

AB694,34,21 2. The restriction under par. (a) does not apply to a person who is operating a limited use off-highway motorcycle at an off-highway motorcycle event sponsored by a local governmental unit, by an off-highway vehicle association, as defined in sub. (1) (x), or by a similar organization that is approved by a local governmental unit, who is wearing protective headgear in compliance with sub. (8) (a) or (b), and who is accompanied by a person who is at least 18 years of age or a parent or guardian.

AB694,35,11 (14) Safety certification program. The department shall establish or supervise the establishment of a program of instruction on laws related to the operation of off-highway motorcycles for recreational purposes off the highways. The program shall include instruction on the intoxicated operation of an off-highway motorcycle law, safety, and related subjects. The department shall establish by rule an instruction fee for this program. All or part of this program may be conducted by means of online instruction. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this subsection 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 $2.75.

AB694,35,13 (15) Safety grant program. (a) The department shall establish a program to award grants to organizations that meet the eligibility requirements under par. (b).

AB694,35,15 (b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:

AB694,35,16 1. The organization is a nonstock corporation organized in this state.

AB694,35,19 2. The organization promotes the off-highway operation of off-highway motorcycles in a manner that is safe and responsible and that does not harm the environment.

AB694,35,22 3. The organization promotes the off-highway operation of off-highway motorcycles in a manner that does not conflict with the laws, rules, and departmental policies that are applicable to the operation of off-highway motorcycles.

AB694,35,25 4. The interest of the organization is limited to the recreational operation of off-highway motorcycles on off-highway motorcycle trails, off-highway motorcycle routes, and other areas that are off the highways.

AB694,36,1 5. The organization provides support to off-highway motorcycle clubs.

AB694,36,4 (c) An organization receiving a grant under this subsection shall use the grant moneys to promote and provide support to the safety certification program established under sub. (14) by conducting activities that include all of the following:

AB694,36,6 1. Collecting data on the recreational off-highway operation of off-highway motorcycles.

AB694,36,8 2. Providing assistance to the department in locating, recruiting, and training instructors for the safety certification program established under sub. (14).

AB694,36,11 3. Attempting to increase participation by current and future off-highway motorcycle operators and owners in the safety certification program established under sub. (14).

AB694,36,17 4. Assisting the department of natural resources and the department of tourism in creating an outreach program to inform local communities of appropriate recreational off-highway use of off-highway motorcycles in their communities and of the economic benefits that may be gained from promoting tourism to attract persons who will participate in the recreational off-highway use of off-highway motorcycles.

AB694,36,19 5. Attempting to improve and maintain its relationship with all of the following:

AB694,36,20 a. The department of natural resources and the department of tourism.

AB694,36,22 b. Off-highway motorcycle dealers and manufacturers of off-highway motorcycles.

AB694,36,24 c. All-terrain vehicle dealers, as defined in s. 23.33 (1) (bd), and all-terrain vehicle manufacturers, as defined in s. 23.33 (1) (bp).

AB694,37,3 d. 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 snowmobiles.

AB694,37,7 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 off-highway operation of off-highway motorcycles that is given in the field to operators of off-highway motorcycles.

AB694,37,10 7. Assist the department in publishing a manual that will be used to train volunteers in monitoring the recreational off-highway operation of off-highway motorcycles for safety issues and other issues that relate to responsible operation.

AB694,37,12 (d) The department shall pay the grants from the appropriation under s. 20.370 (1) (jb).

AB694,37,15 (16) Landowner incentive payment program. (a) The department shall establish a program to make incentive payments to private landowners who permit off-highway motorcycle corridors on their lands and who apply for the payments.

AB694,37,19 (b) An application is not considered complete until the forester or another employee of each county in which the off-highway motorcycle corridor is located measures the length of the corridor in that county for the purpose of calculating the payment.

AB694,37,25 (c) The department shall allocate a certain amount for the incentive payments that may not be exceeded under this program for each fiscal year and shall promulgate rules to determine the amount of the annual allocation of the individual incentive payments. If the total amount of incentive payments made in a given fiscal year would exceed the amount available for the payments, the department shall establish a system to prorate the payments.

AB694,38,2 (d) The department shall make the incentive payments under this subsection from the appropriation under s. 20.370 (5) (cz).

AB694,38,8 (17) Equipment requirements. (a) No person may operate a limited use off-highway motorcycle during hours of darkness unless it is equipped with a lighted headlamp and a lighted tail lamp. The headlamp 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 off-highway motorcycle. The tail lamp is required to display a red light plainly visible from a distance of 500 feet to the rear.

AB694,38,10 (b) No person may operate a limited use off-highway motorcycle unless it is equipped with all of the following:

AB694,38,11 1. At least one brake operated either by hand or by foot.

AB694,38,12 2. Foot rests or pegs for the operator and any passenger.

AB694,38,13 3. A functioning spark arrester of a type approved by the U.S. forest service.

AB694,38,15 4. A functioning muffler unless the off-highway motorcycle is propelled by electric power.

AB694,38,20 (c) No person may operate a limited use off-highway motorcycle unless the limited use off-highway motorcycle is constructed in such a manner that noise emitted from the limited use off-highway motorcycle does not exceed 96 decibels on the A scale as measured in the manner required under rules promulgated by the department.

AB694,38,24 (d) Paragraphs (a) to (c) do not apply to the operation of a limited use off-highway motorcycle on private property if the owner of the property has given consent for the operation and does not hold the property out to the public for use of off-highway motorcycles.

AB694,39,7 (18) Accidents. (a) If an operator of an off-highway motorcycle is involved in an accident that occurs off a highway and that results in the death of any person or in the injury of any person that requires treatment by a physician, the operator of each off-highway motorcycle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible. Each operator shall also file a written report of the accident with the department on the form provided by it within 10 days after the accident.

AB694,39,10 (b) If an operator of an off-highway motorcycle is physically incapable of making the report required under par. (a) and there was another witness to the accident capable of making the report, the witness may make the report.

AB694,39,15 (19) Trails and routes. (a) Department authority. The department shall encourage, develop, and supervise a system of off-highway motorcycle trails and off-highway motorcycle routes. The department may establish standards and procedures for designating off-highway motorcycle corridors and off-highway motorcycle routes under the jurisdiction of the department.

AB694,39,19 (b) Trails. A local governmental unit or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements, or permission, for recreational use as off-highway motorcycle trails. A designation may include all or a portion of an all-terrain vehicle trail.

AB694,39,23 (c) Routes. A local governmental unit may designate highways as off-highway motorcycle routes. No state trunk highway or connecting highway may be designated as an off-highway motorcycle route unless the department of transportation approves the designation.

AB694,40,2 (d) Restrictions. The designating local governmental unit may specify effective periods for the use of off-highway motorcycle trails and off-highway motorcycle routes and may restrict or prohibit the operation of off-highway motorcycles during certain periods of the year.

AB694,40,5 (e) Signs. The department, in cooperation with the department of transportation, shall establish uniform signs and standards for off-highway motorcycle routes and off-highway motorcycle trails.

AB694,40,11 (f) Interference with signs and standards prohibited. 1. No person may intentionally remove, damage, deface, move, obstruct, or interfere with the effective operation of any uniform off-highway motorcycle route sign or standard or any uniform off-highway motorcycle trail sign or standard if the sign or standard is legally placed by the state, any local governmental unit, or any authorized individual.

AB694,40,17 2. No person may possess any uniform off-highway motorcycle route sign or standard or any uniform off-highway motorcycle 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 sign or standard in a lawful manner. Possession of a uniform sign or standard creates a rebuttable presumption of illegal possession.

AB694,40,21 (20) Enforcement activities and projects; funding. (a) Calculation of registration fees. 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 subs. (4) (d), (e), and (h) 2. and (5) (e) in the previous fiscal year.

AB694,40,25 (b) Off-highway motorcycle projects. The department may use funding from the appropriation under s. 20.370 (1) (jb) for off-highway motorcycle projects that are undertaken by the state or by local governmental units. Any of the following types of off-highway motorcycle projects are eligible for funding:

AB694,41,1 1. Acquisition of an easement or land in fee simple.

AB694,41,3 2. An off-highway motorcycle facility such as a parking area, riding area, shelter, toilets, or other improvement.

AB694,41,5 3. Development of off-highway motorcycle routes or off-highway motorcycle trails.

AB694,41,9 4. Development or maintenance of an all-terrain vehicle trail, all-terrain vehicle route, or all-terrain vehicle facility or a snowmobile trail, snowmobile route, or snowmobile facility, if the trail, route, or facility is open for use by off-highway motorcycles.

AB694,41,12 5. Maintenance of off-highway motorcycle trails and off-highway motorcycle routes, including routes on roadways that are not maintained or only minimally maintained for motor vehicle traffic on a seasonal basis.

AB694,41,13 6. Purchase of liability insurance.

AB694,41,18 (c) Priorities. In providing funding for the types of projects listed in par. (b), the department shall give higher overall priority to projects for facilities and trails that are open only for use by off-highway motorcycles. In determining which off-highway motorcycle projects will be provided funding, the department shall consider all of the following:

AB694,41,20 1. The distance of a proposed off-highway project from a comparable existing project.

AB694,41,22 2. The amount of interest demonstrated by a community in developing or maintaining an off-highway motorcycle project.

AB694,41,24 3. The amount of support demonstrated by a local governmental unit in which the project will be located.

AB694,42,2 4. The number of existing trails, routes, and facilities that are open to off-highway motorcycles or that are in the process of being developed.

AB694,42,5 (d) Signs. In addition to the types of projects listed in par. (b), the department may provide funding under this subsection to a local governmental unit for up to 100 percent of the cost of placing signs developed under sub. (12) (L) 1. b.

AB694,42,8 (e) Charging of fees. A local governmental unit that has not received funding under par. (b) in the prior fiscal year may charge a seasonal or daily use fee for an off-highway motorcycle area operated by the local governmental unit.

AB694,42,12 (21) Local ordinances. (a) Any local governmental unit may enact an ordinance which 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.

AB694,42,17 (b) If a local governmental unit enacts an ordinance regulating off-highway motorcycles, its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the local governmental unit having jurisdiction over any highway designated as an off-highway motorcycle route.

AB694,42,20 (22) Enforcement. (a) A law enforcement officer has the authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.

AB694,42,22 (b) No operator of an off-highway motorcycle may refuse to stop after being requested or signaled to do so by a law enforcement officer.

AB694,42,24 (23) Penalties. (a) Generally. Except as provided in pars. (b) to (f), any person who violates this section shall forfeit not more than $250.

AB694,43,2 (b) Penalty related to nonresident trail passes. Any person who violates sub. (6) (a) shall forfeit not more than $1,000.

AB694,43,5 (c) Penalties related to intoxicated operation. 1. Except as provided under subds. 2. and 3., a person who violates sub. (12) (a) 1. or 2. or (h) shall forfeit not less than $150 nor more than $300.

AB694,43,10 2. Except as provided under subd. 3., a person who violates sub. (12) (a) 1. or 2. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an off-highway motorcycle 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.

AB694,43,15 3. A person who violates sub. (12) (a) 1. or 2. or (h) 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 motorcycle 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.

AB694,43,17 4. A person who violates sub. (12) (a) 3. or (h) and who has not attained the age of 21 shall forfeit not more than $50.

AB694,43,20 (d) Penalty related to causing injury; intoxicants. A person who violates sub. (12) (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.

AB694,43,24 (e) Penalty related to interference with signs and standards. Except as provided in par. (f), a person who violates sub. (19) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit not more than $500.

AB694,44,3 (f) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (19) (f) 1. is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB694,44,6 (g) Calculation of previous convictions. In determining the number of previous convictions under par. (c) 2. and 3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB694,44,12 (h) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an off-highway motorcycle 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.

AB694,44,18 (i) Intoxicants; assessment. In addition to any other penalty or order, a person who violates sub. (12) (a), (b), or (h) 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 an intoxicant. The assessment order shall comply with s. 343.30 (1q) (c) 1. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB694,44,23 (j) 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 motorcycle route sign or standard, or any uniform off-highway motorcycle trail sign or standard, that the defendant removed, damaged, defaced, moved, or obstructed.

AB694,18 Section 18. 23.35 (1) (intro.) of the statutes is amended to read:

AB694,45,7 23.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles , and off-highway motorcycles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following: