LRB-2465/1
RNK:jld:jf
2009 - 2010 LEGISLATURE
August 11, 2009 - Introduced by Joint Legislative Council. Referred to
Committee on Transportation, Tourism, Forestry, and Natural Resources.
SB264,1,3
1An Act to amend 23.33 (3) (c) and 350.10 (1) (f) of the statutes;
relating to:
2trespass by operators of snowmobiles, all-terrain vehicles, and other off-road
3vehicles.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Enhancing Recreational Trails for
Non-Motorized Use.
The bill expands the current statutes that prohibit trespass with an all-terrain
vehicle (ATV), snowmobile, or off-road vehicle to apply to all property, rather than just
private property. This change will allow wardens and other law enforcement officers to
enforce these trespass provisions on all lands.
SB264, s. 1
4Section
1
. 23.33 (3) (c) of the statutes is amended to read:
SB264,1,75
23.33
(3) (c) On the
private property of another without the consent of the
6owner or lessee. Failure to post
private such property does not imply consent for
7all-terrain vehicle use.
Note: This provision in the current statutes [s. 23.33 (3) (c), stats.] is part of the
rules of operation for ATVs. This paragraph is preceded by an introductory clause that
states: "No person may operate an all-terrain vehicle:".
This bill expands the property that is subject to the prohibition by applying the
prohibition to public property as well as private property. The bill does this by deleting
"private" in the statute.
SB264, s. 2
1Section
2
. 350.10 (1) (f) of the statutes is amended to read:
SB264,2,62
350.10
(1) (f) On the
private property of another without the consent of the
3owner or lessee. Failure to post
private such property does not imply consent for
4snowmobile use. Any other motor-driven craft or vehicle principally manufactured
5for off-highway use shall at all times have the consent of the owner before operation
6of such craft or vehicle on
private lands the property of another.
Note: This provision in the current statutes [s. 350.10 (1) (f), stats.] is part of the
statutes related to snowmobile operation. This paragraph is preceded by an introductory
clause that states: "No person shall operate a snowmobile in the following manner:". The
provision is not limited to snowmobiles, but also applies to other "motor-driven craft or
vehicle principally manufactured for off-highway use".
This bill expands the property that is subject to the prohibition by applying the
prohibition to public property as well as private property.
