AB470: Bill Text

LRB-0104/2

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2015 - 2016 LEGISLATURE

2015 Assembly BILL 470

October 30, 2015 - Introduced by Representatives Mursau, Krug, Ballweg, Czaja, Allen, A. Ott and Weatherston, cosponsored by Senator Petrowski. Referred to Committee on Natural Resources and Sporting Heritage.

AB470,2,2 An Act to amend 15.09 (1) (a), 23.09 (23) (a), 23.119 (1) (b), 23.35 (1) (intro.), 23.35 (1) (a), 23.35 (1) (b), 23.35 (1) (e), 23.35 (2), 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), 70.11 (45m), 77.51 (13s), 77.61 (1) (a), 77.61 (1) (b), 77.61 (1) (c), 77.73 (2), 78.01 (2) (e), 78.01 (2m) (f), 78.40 (1), 78.75 (1m) (a) 2m., 78.75 (1m) (a) 3., 100.48 (2), 100.48 (3) (a), 100.48 (4) (c), 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), 346.94 (1), 800.02 (2) (b), 814.63 (3m) (a), 814.65 (4m) (a), 885.235 (1m), 885.235 (4), 895.043 (6), 895.049, 901.053, 938.17 (1) (intro.), 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 15.09 (1) (c), 15.347 (10), 20.370 (1) (jb), 20.370 (3) (ay), 23.119 (1) (at), 23.179, 23.335, 25.40 (1) (bt), 100.48 (1) (bg), 341.059, 343.05 (4) (b) 1m., 347.24 (1) (d) and 938.343 (9m) of the statutes; relating to: operation of off-highway motorcycles, granting 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 motorcycles (OHMs) that are similar to the requirements that apply under current law to ATVs and UTVs. The bill defines an OHM as a motorcycle that is designed for off-highway operation, regardless of whether it is also designed for on-highway operation.

This bill requires DNR to develop, encourage, and supervise a system of OHM trails and routes in a similar manner to that existing under current law for ATV and UTV trails and routes. The bill defines an "OHM trail" to be a corridor on lands open to the public for recreational OHM use. The bill defines an "OHM route" to be a highway or sidewalk open to recreational OHM use. The bill allows DNR to establish standards and procedures for certifying the designation of OHM trails. As under current law applicable to ATV trails, this bill allows a county, city, village, or town (local governmental unit) or DNR to designate OHM routes and corridors through land that it owns or controls for use as OHM trails. Moneys for these OHM projects undertaken by DNR or local governmental units under this system, for enforcement of OHM laws, and for the safety grants as described below, are appropriated from the general fund. In providing funding for these projects, DNR must give priority to trails, routes, and other facilities that are open only for use by OHMs.

OHM registration and trail passes

This bill distinguishes OHMs that are registered by the Department of Transportation (DOT) from those that are not. The bill does not restrict the owner of an OHM from registering the OHM with DOT for highway use. However, if an owner wishes to operate an OHM off the highway, the owner must register the OHM with DNR and pay an annual registration fee. As to operation on OHM routes, the owner must register the OHM with DNR unless the OHM route is on a highway, as opposed to a sidewalk, and the OHM is registered with DOT. The owner of an OHM may register it with DNR for public use on trails and routes and other areas open for public use. The owner may register an OHM for private use if its use will be limited to operation for agricultural purposes and operation by the owner or a member of his or her family on land that is owned or leased by the owner or a family member. The fee for registration for private use is lower. The bill includes exemptions from this registration requirement which are similar to those exemptions under current law for ATVs and UTVs. The bill also requires a person who sells OHMs for a profit at retail to register with DNR as an OHM dealer. These registration fees are deposited in the transportation fund.

If a person will be operating an OHM off the highways, and the OHM is not registered with DNR, or is not exempt from DNR registration, the person must pay a fee and be issued an annual nonresident trail pass by DNR in order to operate the OHM on an OHM trail or other corridor that is open to the public for the recreational use of OHMs.

OHM operation

The bill imposes various restrictions on the operation of limited use OHMs that are similar to those imposed on ATVs and UTVs. A limited use OHM is an OHM that is not registered by DOT for use on highways. Generally, limited use OHMs are not allowed on the roadway portion of a highway except as is necessary to cross the highway. They are also allowed on highways that are designated as OHM routes or that are only minimally maintained on a seasonal basis for regular motor vehicle traffic. The bill regulates the operation of OHMs on areas that are adjacent to roadways of highways, and imposes a speed limit when the OHM is within a specified distance of a dwelling, a person who is not operating a motorized vehicle, or a fishing shanty.

This bill creates an intoxicated operation law that applies to OHM routes, trails, and other off-highway places that are open to the recreational use of OHMs. Under the law, a person may not operate an OHM with an alcohol concentration of 0.08 or more. This bill requires an OHM operator to submit to certain screening tests if a law enforcement officer has probable cause to believe that the operator is operating the OHM under the influence of alcohol. 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.

Under this bill, a person need not have an operator's license issued by DOT in order to operate an OHM off the highways and need not carry liability insurance on the OHM. With limited exceptions, a person riding on an OHM must wear a helmet when riding off the highways unless he or she is at least 18 years old.

OHM operation; age restrictions

Under this bill, a person under the age of 12 may not operate an OHM on a highway under any circumstance and may operate an OHM off a highway only if he or she is under continuous verbal direction or control of a parent or guardian or of an adult who has been designated by the parent or guardian. Also, under the bill, anyone who is at least 12 of age and who was born after January 1, 1998, must hold a valid safety certificate issued upon completion of the safety instruction program described below. These age restrictions do not apply to the operation of OHMs on private property if the property owner has given consent and does not hold out the property to the public for OHM use.

This bill requires DNR to establish a safety certification program on OHM laws and related subjects 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 for operators of ATVs and UTVs.

No person who rents limited use OHMs to the public (OHM renter) may rent a limited use OHM to a person under 12 years of age. Also, an OHM renter may not rent a limited use OHM without first making sure that any person under the age of 18 who will be on the OHM has a motorcycle helmet that meets federal standards.

OHM safety grant program

This bill requires DNR to establish a program to award grants to organizations that promote the operation of OHM 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 safety certification program on OHM laws.

Off-highway motorcycle council

The bill creates the Off-Highway Motorcycle Council (council), consisting of five members who must be members of OHM clubs. The bill authorizes the council to make recommendations to DNR on matters relating to OHM trails and routes and on other matters relating to the operation of OHMs.

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:

AB470,1 Section 1. 15.09 (1) (a) of the statutes is amended to read:

AB470,4,5 15.09 (1) (a) Unless otherwise provided by law, the governor shall appoint the members of councils for terms prescribed by law. Except as provided in par. pars. (b) and (c), fixed terms shall expire on July 1 and shall, if the term is for an even number of years, expire in an odd-numbered year.

AB470,2 Section 2. 15.09 (1) (c) of the statutes is created to read:

AB470,4,8 15.09 (1) (c) The terms of the members of the off-highway motorcycle council shall expire on March 1.

AB470,3 Section 3. 15.347 (10) of the statutes is created to read:

AB470,4,12 15.347 (10) Off-highway motorcycle council. (a) There is created in the department of natural resources an off-highway motorcycle council consisting of 5 members who are appointed for 3-year terms expiring March 1.

AB470,5,3 (b) Each member of the off-highway motorcycle council shall be a resident of this state, shall be a member of and represent the interests of an off-highway motorcycle club, as defined in s. 23.335 (1) (r), and shall be knowledgeable about outdoor recreation issues in this state and about trails used by operators of off-highway motorcycles.

AB470,5,4 (c) The off-highway motorcycle council shall meet at least 3 times annually.

AB470,4 Section 4. 20.370 (1) (jb) of the statutes is created to read:

AB470,5,11 20.370 (1) (jb) Off-highway motorcycle administration. From the general fund, a sum sufficient in each fiscal year equal to the amount determined under s. 23.335 (20) (a) in that fiscal year for the purposes specified under 23.335 (20) (b) and (d), for issuing and renewing off-highway motorcycle registration under s. 23.335 (3), (4), and (5), for grants under the safety grant program under s. 23.335 (15), and for state and local law enforcement operations related to off-highway motorcycles.

AB470,5 Section 5. 20.370 (3) (ay) of the statutes is created to read:

AB470,5,15 20.370 (3) (ay) Off-highway motorcycle safety certification program. All moneys remitted to the department under s. 23.335 (14), for the off-highway motorcycle safety certification program under s. 23.335 (14).

AB470,6 Section 6. 23.09 (23) (a) of the statutes is amended to read:

AB470,5,20 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), 23.335 (3) or (5), 27.01, or 350.12, including a license, permit, certificate, stamp, tag, registration, or vehicle admission receipt.

AB470,7 Section 7. 23.119 (1) (at) of the statutes is created to read:

AB470,5,23 23.119 (1) (at) "Off-highway motorcycle" has the meaning given in s. 23.335 (1) (q).

AB470,8 Section 8. 23.119 (1) (b) of the statutes is amended to read:

AB470,6,3 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, an all-terrain vehicle, or utility terrain vehicle, or an off-highway motorcycle.

AB470,9 Section 9. 23.179 of the statutes is created to read:

AB470,6,9 23.179 Off-highway motorcycle council. The off-highway motorcycle council may make recommendations to the department on matters relating to off-highway motorcycle corridors, as defined in s. 23.335 (1) (s), and off-highway motorcycle routes, as defined in s. 23.335 (1) (u), and on any other matters relating to the operation of off-highway motorcycles.

AB470,10 Section 10. 23.335 of the statutes is created to read:

AB470,6,11 23.335 Off-highway motorcycles. (1) Definitions. In this section:

AB470,6,12 (a) "Accompanied" has the meaning given in s. 23.33 (1) (a).

AB470,6,14 (b) "Agricultural purpose" includes a purpose related to the transportation of farm implements, equipment, supplies, or products on a farm or between farms.

AB470,6,15 (c) "Alcohol beverages" has the meaning specified under s. 125.02 (1).

AB470,6,16 (d) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

AB470,6,17 (dm) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).

AB470,6,18 (e) "All-terrain vehicle route" has the meaning given in s. 23.33 (1) (c).

AB470,6,19 (f) "All-terrain vehicle trail" has the meaning given in s. 23.33 (1) (d).

AB470,6,21 (g) "Approved public treatment facility" has the meaning specified under s. 51.45 (2) (c).

AB470,6,22 (gk) "Controlled substance" has the meaning given in s. 961.01 (4).

AB470,6,23 (gm) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB470,6,25 (h) "Electric personal assistive mobility device" has the meaning given in s. 340.01 (15pm).

AB470,7,6 (hm) "Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.

AB470,7,7 (i) "Highway" has the meaning given in s. 340.01 (22).

AB470,7,9 (j) "Immediate family" means persons who are related as spouses, who are related as siblings, or who are related as parent and child.

AB470,7,11 (k) "Intoxicant" means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, or other drug or any combination thereof.

AB470,7,14 (L) "Intoxicated operation of an off-highway motorcycle law" means sub. (12) (a) or (b) or a local ordinance in conformity therewith or, if the operation of an off-highway motorcycle is involved, s. 940.09 or 940.25.

AB470,7,15 (m) "Junked" means dismantled for parts or scrapped.

AB470,7,18 (n) "Law enforcement officer" means an officer of the state traffic patrol under s. 110.07 (1), an inspector under s. 110.07 (3), a conservation warden appointed by the department under s. 23.10, a county sheriff, or a municipal peace officer.

AB470,7,20 (o) "Limited use off-highway motorcycle" means an off-highway motorcycle that is not registered by the department of transportation for use on highways.

AB470,7,21 (p) "Local governmental unit" means a city, village, town, or county.

AB470,7,24 (q) "Off-highway motorcycle" means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway.

AB470,8,3 (qm) "Off-highway motorcycle association" means a club or other association consisting of individuals that promotes the recreational operation of off-highway motorcycles.

AB470,8,6 (r) "Off-highway motorcycle club" means a club consisting of individuals that promotes use of off-highway motorcycles for recreational purposes off the highways within this state.

AB470,8,10 (s) "Off-highway motorcycle corridor" means an off-highway motorcycle trail or other established off-highway motorcycle corridor that is open to the public for the operation of off-highway motorcycles for recreational purposes but does not include an off-highway motorcycle route.

AB470,8,12 (t) "Off-highway motorcycle dealer" means a person who is engaged in this state in the sale of off-highway motorcycles for a profit at retail.

AB470,8,15 (u) "Off-highway motorcycle route" means a highway or sidewalk designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

AB470,8,19 (v) "Off-highway motorcycle trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.