SB335: Bill Text

LRB-2893/1

TNF:kg:jf

2001 - 2002 LEGISLATURE

2001 Senate BILL 335

December 6, 2001 - Introduced by Joint Legislative Council. Referred to Committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.

SB335,2,4 An Act to repeal 23.33 (1) (am), (ar), (dm), (e) and (f), 23.33 (1) (i), (ic), (je), (jm) and (js), 23.33 (4c) to (4z), 23.33 (13) (c) and (cm) to (e), 30.50 (1e), (1g), (1m) and (3d), 30.50 (3g), (3h), (3r) and (4m), 30.50 (9g), (9x) and (13m), 30.681 to 30.687, 350.01 (1g), (1h) and (1i), 350.01 (2), (2d) and (3m), 350.01 (9), (9c), (10g) and (10r), 350.01 (21) and 350.101 to 350.108; to renumber and amend 350.99; to amend 20.370 (5) (es), 23.33 (5) (d), 23.33 (9) (c), 23.33 (13) (a), 23.50 (1), 23.53 (1), 23.56 (1), 23.57 (1) (intro.), 23.58, 23.62 (1) (intro.), 30.204 (5), 30.74 (1) (bn), 30.74 (3), 30.79 (1) (b) 1., 30.79 (2), 30.79 (3), 30.79 (4), 30.79 (5), 46.03 (18) (f), 59.54 (14) (g), 281.31 (9), 341.055, 345.11 (1m), 345.11 (1r), 349.03 (1) (intro.) and (a), 349.06 (1) (a), chapter 350 (title), 350.01 (intro.), 350.01 (16), 350.045, 350.055, 350.11 (1), 350.115 (1) (a), 350.12 (3) (b) and (4) (a) 4., 350.12 (4) (b) 3., 350.17 (1), 350.17 (3), 350.18 (2), 350.19, 800.001, 800.02 (2) (b), 885.235 (1m) and (4), 938.343 (9), 940.09 (1m) and (3), 940.25 (1m) and (3) and 967.055 (2) (b); to repeal and recreate 23.33 (12) (b), 23.33 (13) (b), 30.64 (3), 30.80 (6), 350.11 (3) and 350.17 (2); and to create 110.07 (7), subchapter I (title) of chapter 350 [precedes 350.01] and subchapter II of chapter 350 [precedes 350.50] of the statutes; relating to: the intoxicated operation of an all-terrain vehicle, motorboat, or snowmobile.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the joint legislative council in the bill.

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:

Prefatory note: This bill is recommended by the joint legislative council's special committee on recodification of operating while intoxicated and safety laws pertaining to motor vehicle, all-terrain vehicle, boat or snowmobile operation. The special committee was directed to study current statutes relating to operating a vehicle while under the influence of an intoxicant or drug and to reorganize, simplify, modernize and clarify these statutes and make minor substantive changes necessary to effect these goals. In addition, the special committee was directed to study, with respect to an all-terrain vehicle, a boat or a snowmobile, whether enforcement mechanisms need to be increased or created to ensure compliance with the law.

This bill consolidates statutory provisions regarding the intoxicated operation of all-terrain vehicles, motorboats and snowmobiles into one subchapter of the statutes. In general, a number of policies expressed in the motor vehicle code with respect to the issue of operating a motor vehicle while intoxicated are applied to the operation of all-terrain vehicles, motorboats and snowmobiles, which, except for commercial motorboats, are collectively referred to as sport recreational vehicles. The special committee explicitly intends that, unless expressly noted, the bill makes no substantive changes in the statutory provisions treated by the bill. Substantive changes in the bill are identified in notes to the provisions substantively affected. The notes also describe the derivation of the provisions contained in newly created subchapter II of chapter 350.

SB335, s. 1 Section 1. 20.370 (5) (es) of the statutes is amended to read:

SB335,2,10 20.370 (5) (es) Enforcement aids — snowmobiling enforcement. The amounts in the schedule from the snowmobile account in the conservation fund to provide law enforcement aids to counties as authorized under s. 350.12 (4) (a) 4. to be used exclusively for the enforcement of subch. I of ch. 350 and of subch. II of ch. 350 as it relates to snowmobiles.

SB335, s. 2 Section 2. 23.33 (1) (am), (ar), (dm), (e) and (f) of the statutes are repealed.

SB335, s. 3 Section 3. 23.33 (1) (i), (ic), (je), (jm) and (js) of the statutes are repealed.

SB335, s. 4 Section 4. 23.33 (4c) to (4z) of the statutes are repealed.

SB335, s. 5 Section 5. 23.33 (5) (d) of the statutes is amended to read:

SB335,3,15 23.33 (5) (d) Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle laws, including the intoxicated operation of an all-terrain a sport recreational vehicle law, as defined in s. 350.50 (16), regulations, safety and related subjects. The department shall establish by rule an instruction fee for this 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%, 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.

SB335, s. 6 Section 6. 23.33 (9) (c) of the statutes is amended to read:

SB335,3,19 23.33 (9) (c) Signs. In addition to the projects listed in par. (b), the department may provide aid under this subsection to a town, village, city or county for up to 100% of the cost of placing signs developed under sub. (4z) (a) 2 s. 350.66 (1) (b).

SB335, s. 7 Section 7. 23.33 (12) (b) of the statutes is repealed and recreated to read:

SB335,3,21 23.33 (12) (b) No operator of an all-terrain vehicle may do any of the following:

SB335,3,23 1. Fail or refuse to comply with any lawful order, signal, or direction of a law enforcement officer.

SB335,3,25 2. Disobey the instructions of any official traffic sign or signal unless otherwise directed by a law enforcement officer.

SB335,4,4 3. After having received a visual or audible signal to stop his or her all-terrain vehicle from a law enforcement officer, or marked police vehicle, knowingly resist the law enforcement officer by failing to stop the all-terrain vehicle as promptly as safety reasonably permits.

SB335,4,11 4. After having received a visual or audible signal from a law enforcement officer, or marked police vehicle, knowingly flee or attempt to elude any law enforcement officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the law enforcement officer or other vehicles or pedestrians, nor may the operator increase the speed of the operator's all-terrain vehicle or extinguish the lights of the all-terrain vehicle in an attempt to elude or flee.

Note: Current law provides that no operator of an all-terrain vehicle, a boat or a snowmobile may refuse to stop after being requested or signaled to do so by a law enforcement officer. This Section and Section 9 specify that no operator of these vehicles may refuse to comply with orders or instructions of a law enforcement officer, resist a law enforcement by failing to stop or flee from a law enforcement officer. The penalties for these increasingly serious offenses range from a forfeiture not exceeding $40 for the first offense and not exceeding $100 for the second or subsequent conviction within a year to a fine of not less $1,100 nor more than $10,000 and imprisonment for not more than 7 years and 6 months. These provisions are taken directly from ss. 346.04 and 346.17, stats., relating to obedience to traffic officers, signs and signals and to fleeing from an officer. The provisions also are repeated as necessary in this bill in Sections 21, 30, 52, and 57 and in ss. 350.68 (2) and 350.74 (5) as created in this bill.

SB335, s. 8 Section 8. 23.33 (13) (a) of the statutes is amended to read:

SB335,4,14 23.33 (13) (a) Generally. Except as provided in pars. (am) to (e), (b), and (cg), any person who violates this section shall forfeit not more than $250.

SB335, s. 9 Section 9. 23.33 (13) (b) of the statutes is repealed and recreated to read:

SB335,4,19 23.33 (13) (b) Penalties for refusal to obey law enforcement officers, signs, and signals. 1. A person who violates sub. (12) (b) 1. or 2. may be required to forfeit not less than $20 nor more than $40 for the first conviction and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

SB335,5,2 2. A person who violates sub. (12) (b) 3. may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB335,5,5 3. a. Except as provided in subd. 3. b., c., or d., a person who violates sub. (12) (b) 4. shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,5,9 b. If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,5,12 c. If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,5,15 d. If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months.

Note: Current law provides that an operator of an all-terrain vehicle who refuses to stop after being requested or signaled to do so by a law enforcement officer must forfeit not more than $250. The violation and penalties are altered as described in the note to Section 7 of the bill.

SB335, s. 10 Section 10. 23.33 (13) (c) and (cm) to (e) of the statutes are repealed.

SB335, s. 11 Section 11. 23.50 (1) of the statutes is amended to read:

SB335,6,7 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 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 and of ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 285.86, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or, 30.77, or 350.72.

SB335, s. 12 Section 12. 23.53 (1) of the statutes is amended to read:

SB335,6,24 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments 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) or, 30.77, or 350.72.

SB335, s. 13 Section 13. 23.56 (1) of the statutes is amended to read:

SB335,7,7 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) or, 30.77, or 350.72 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.

SB335, s. 14 Section 14. 23.57 (1) (intro.) of the statutes is amended to read:

SB335,7,14 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) or, 30.77, or 350.72; and:

SB335, s. 15 Section 15. 23.58 of the statutes is amended to read:

SB335,8,2 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) or, 30.77, or 350.72. 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.

SB335, s. 16 Section 16. 23.62 (1) (intro.) of the statutes is amended to read:

SB335,8,10 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) or, 30.77, or 350.72, the officer may proceed in the following manner:

SB335, s. 17 Section 17. 30.204 (5) of the statutes is amended to read:

SB335,8,19 30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95, or 299.97 or chs. 281, 283, or 289 to 292, or subch. II of ch. 350 as it relates to any type of motorboat, or specified in any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters.

SB335, s. 18 Section 18. 30.50 (1e), (1g), (1m) and (3d) of the statutes are repealed.

SB335, s. 19 Section 19. 30.50 (3g), (3h), (3r) and (4m) of the statutes are repealed.

SB335, s. 20 Section 20. 30.50 (9g), (9x) and (13m) of the statutes are repealed.

SB335, s. 21 Section 21. 30.64 (3) of the statutes is repealed and recreated to read:

SB335,8,24 30.64 (3) No operator of a boat may do any of the following:

SB335,9,2 (a) Fail or refuse to comply with any lawful order, signal, or direction of a law enforcement officer.

SB335,9,4 (b) Disobey the instructions of any official traffic sign or signal unless otherwise directed by a law enforcement officer.

SB335,9,8 (c) After having received a visual or audible signal to stop his or her boat from a law enforcement officer, or marked police vehicle, knowingly resist the law enforcement officer by failing to stop the boat as promptly as safety reasonably permits.

SB335,9,14 (d) After having received a visual or audible signal from a law enforcement officer, or marked police vehicle, knowingly flee or attempt to elude any law enforcement officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the law enforcement officer or other vehicles or individuals, nor may the operator increase the speed of the operator's boat or extinguish the lights of the boat in an attempt to elude or flee.

Note: See the note to Section 7.

SB335, s. 22 Section 22. 30.681 to 30.687 of the statutes are repealed.

SB335, s. 23 Section 23. 30.74 (1) (bn) of the statutes is amended to read:

SB335,9,19 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for life unless revoked by a court under s. 30.80 (2m) or (6) (e), 350.74 (10), or 938.343 (5).

SB335, s. 24 Section 24. 30.74 (3) of the statutes is amended to read:

SB335,9,23 30.74 (3) Enforcement. The department shall assist in the enforcement of ss. 30.50 to 30.80 and of subch. II of ch. 350 as it relates to any type of motorboat, and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.

SB335, s. 25 Section 25. 30.79 (1) (b) 1. of the statutes is amended to read:

SB335,10,10 30.79 (1) (b) 1. A unit within an existing municipal law enforcement agency or a separate municipal agency, created by a municipality or by a number of municipalities riparian to a single body of water for the purpose of enforcing ss. 30.50 to 30.80 and any rules promulgated and ordinances enacted under ss. 30.50 to 30.80, for the purpose of enforcing subch. II of ch. 350 and any ordinances enacted under s. 350.72 as the subchapter or ordinances relate to any type of motorboat, and for the purpose of conducting search and rescue operations.

SB335, s. 26 Section 26. 30.79 (2) of the statutes is amended to read:

SB335,10,18 30.79 (2) State aid. In order to protect public rights in navigable waters and to promote public health, safety and welfare and the prudent and equitable use of the navigable waters of the state, a system of state aids for local enforcement of ss. 30.50 to 30.80 and ordinances enacted under ss. 30.50 to 30.80, for local enforcement of subch. II of ch. 350 and ordinances enacted under s. 350.72 as the subchapter and ordinances relate to any type of motorboat, and for conducting search and rescue operations is established.

SB335, s. 27 Section 27. 30.79 (3) of the statutes is amended to read:

SB335,11,2 30.79 (3) Enforcement powers. Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50 to 30.80 or any rules promulgated or ordinances enacted under ss. 30.50 to 30.80, for the purpose of enforcing subch. II of ch. 350 or any ordinances enacted under s. 350.72 as the subchapter or ordinances relate to any type of motorboat, and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.

SB335, s. 28 Section 28. 30.79 (4) of the statutes is amended to read:

SB335,11,18 30.79 (4) Jurisdiction. Upon petition by any local governmental unit or group of local governmental units operating or intending to operate a water safety patrol unit, the department shall, if it finds that it is in the interest of efficient and effective enforcement to do so, by rule define the waters which may be patrolled by the unit, including waters lying within the territorial jurisdiction of some other town, village or city if the town, village or city consents to the patrol of its waters. Such consent is not required if the petitioner is a local governmental unit containing a population of 5,000 or more, bordering upon the waters to be affected by the rule in counties having a population of less than 500,000. Officers patrolling the waters as part of the water safety patrol unit shall have the powers of sheriff in enforcing ss. 30.50 to 30.80, or rules promulgated or ordinances enacted under ss. 30.50 to 30.80, in enforcing subch. II of ch. 350, or ordinances enacted under s. 350.72, as the subchapter or ordinances relate to any type of motorboat, and in conducting search and rescue operations, on any of the waters so defined, whether or not the waters are within the jurisdiction of the local governmental unit for other purposes.

SB335, s. 29 Section 29. 30.79 (5) of the statutes is amended to read:

SB335,12,12 30.79 (5) Payment of aids. On or before January 31 of the year following the year in which a local governmental unit operated a water safety patrol unit, it shall file with the department on the forms prescribed by it a detailed statement of the costs incurred by the local governmental unit in the operation of the water safety patrol unit during the past calendar year and of the receipts resulting from fines or forfeitures imposed upon persons convicted of violations of ordinances enacted under s. 30.77 or of ordinances enacted under s. 350.72 as they relate to any type of motorboat. The department shall audit the statement and determine the net costs that are directly attributable to the operation and maintenance of the water safety patrol unit, including a reasonable amount for depreciation of equipment. In calculating the net costs, the department shall deduct any fines or forfeitures imposed on persons convicted of violations of ordinances under s. 30.77 and any costs that do not comply with the rules promulgated under sub. (2m). The department shall compute the state aids on the basis of 75% of these net costs and shall cause the aids to be paid on or before April 1 of the year in which the statements are filed. If the state aids payable to local governmental units exceed the moneys available for such purpose, the department shall prorate the payments. No local governmental unit may receive state aid amounting to more than 20% of the funds available.

SB335, s. 30 Section 30. 30.80 (6) of the statutes is repealed and recreated to read: