AB369: Bill Text

AB369,10,10 1. Directly issue, transfer, or renew the registration documentation with or without using the procedures specified in par. (j) 1.

AB369,10,13 2. Appoint persons, who are not employees of the department, as agents of the department to issue, transfer, or renew the registration documentation using either or both of the procedures specified in par. (j) 1.

AB369,10,17 (i) Registration; required information. The department may not issue a registration certificate under this subsection for an off-highway vehicle unless the application for the registration certificate includes the name and address of every owner of the off-highway vehicle.

AB369,10,21 (j) Registration; methods of issuance. 1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following procedures:

AB369,10,25 a. A procedure under which the department or an agent appointed under par. (h) 2. accepts applications for registration documentation and issues a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

AB369,11,4 b. A procedure under which the department or an agent appointed under par. (h) 2. may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

AB369,11,12 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the off-highway vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.

AB369,11,16 (k) Registration; supplemental fees. 1. In addition to the applicable fee under par. (c), (d), or (f), each agent appointed under par. (h) 2. shall collect a service fee of $3 each time the agent issues a validated registration receipt under par. (j) 1. a. The agent shall retain the entire amount of each service fee the agent collects.

AB369,11,20 2. In addition to the applicable fee under par. (c), (d), or (f), the department or the agent appointed under par. (h) 2. shall collect a service fee of $5 each time the procedure under par. (j) 1. b. is provided. The agent shall remit to the department $1 of each service fee the agent collects.

AB369,12,2 (L) Display. A person who is issued a registration decal under par. (j) shall affix the decal to the registered off-highway vehicle in such a manner that it may not be removed. The registration decal shall be displayed on the windshield of a registered Class A off-highway vehicle on the upper right passenger side. The registration decal shall be displayed within 2 inches of the right rear brake light on a registered Class B off-highway vehicle.

AB369,12,4 (m) Rules. The department may establish by rule additional procedures and requirements for off-highway vehicle registration.

AB369,12,12 (2g) Lac du Flambeau band and Mole Lake band registration programs. (a) Authorization for issuance. The Lac du Flambeau band and the Mole Lake band may issue registration certificates for off-highway vehicles that are equivalent to the registration certificates for off-highway vehicles that are issued by the department. The Lac du Flambeau band and the Mole Lake band may renew and transfer a registration certificate that the respective band or the department has issued. The Lac du Flambeau band and the Mole Lake band may issue duplicates of only those registration certificates that the respective band issues under this subsection.

AB369,12,19 (b) Requirements for issuance; fees; effective periods. 1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band and the Mole Lake band shall collect the same fee that would be collected for the equivalent registration certificate under sub. (2) (a). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band and the Mole Lake band shall collect the same fee that would be collected for the equivalent service under sub. (2) (f).

AB369,12,22 2. The Lac du Flambeau band and the Mole Lake band may not issue, renew, or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.

AB369,12,25 3. For a registration certificate issued, transferred, or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub. (2) (g).

AB369,13,4 4. The Lac du Flambeau band and the Mole Lake band may issue, renew, or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation or the Mole Lake reservation, respectively.

AB369,13,8 (c) Requirements for registration applications and decals. 1. The Lac du Flambeau band and the Mole Lake band shall use registration applications and registration certificates that are substantially similar to those under sub. (2) with regard to length, legibility, and information content.

AB369,13,11 2. The Lac du Flambeau band and the Mole Lake band shall use registration decals that are substantially similar to those under sub. (2) with regard to color, size, legibility, information content, and placement on the off-highway vehicle.

AB369,13,14 3. The Lac du Flambeau band and the Mole Lake band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band or the Mole Lake band, respectively, as the issuing authority.

AB369,13,19 (d) Registration information. The Lac du Flambeau band and the Mole Lake band shall provide registration information to the state by establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.

AB369,13,25 (e) Reports; records; tax collection. 1. Before June 1 annually, the Lac du Flambeau band and the Mole Lake band shall each submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band and the Mole Lake band, respectively, issued, transferred, or renewed, for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

AB369,14,5 2. For law enforcement purposes, the Lac du Flambeau band and the Mole Lake band shall each make available for inspection by the department during normal business hours the Lac du Flambeau band's and the Mole Lake band's respective records of all registration certificates issued, renewed, or otherwise processed under this subsection, including copies of all applications made for certificates.

AB369,14,9 3. The Lac du Flambeau band and the Mole Lake band shall ensure that the record of each registration certificate issued, renewed, or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.

AB369,14,15 4. The Lac du Flambeau band and the Mole Lake band shall collect the sales and use taxes due under s. 77.61 (1) on any off-highway vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band and the Mole Lake band shall pay to the department of revenue all taxes that the Lac du Flambeau band and the Mole Lake band, respectively, collected in the previous month.

AB369,14,22 (3) Duties of the off-highway vehicle council. (a) The department shall distribute any rule that it is proposing and that affects the operation of off-highway vehicles to each member of the off-highway vehicle council for his or her review and comment at least 20 days before the notice stating that the proposed rule is in final draft form and is submitted to the legislature in the manner provided under s. 227.19 (2). A member of the off-highway vehicle council may submit his or her written comments on the proposed rule to the department.

AB369,15,2 (b) 1. Before June 30 of each even-numbered year, the department shall consult with the off-highway vehicle council on the proposed changes for the succeeding biennium in the appropriations and laws that affect off-highway vehicles or the operation of off-highway vehicles.

AB369,15,5 2. A member of the off-highway vehicle council may submit before August 1 of the even-numbered year his or her written comments on the proposed changes specified in subd. 1. to the secretary of natural resources.

AB369,15,9 (c) The secretary of natural resources shall submit the written comments that the secretary receives under par. (b) 2. to the natural resources board and to the secretary of administration with the department's submission of its budget report under s. 16.42.

AB369,15,15 (d) Before March 1 of each odd-numbered year, the off-highway vehicle council shall meet and review the provisions that are included in the executive budget bill or bills that affect off-highway vehicles or the operation of off-highway vehicles. A member of the off-highway vehicle council may submit his or her written comments on these provisions to the secretary of natural resources before March 10 of each odd-numbered year.

AB369,15,19 (e) The secretary of natural resources shall submit the written comments that he or she receives under par. (b) 2. or (d) before March 10 of the odd-numbered year to the cochairpersons of the joint committee on finance before March 15 of that odd-numbered year.

AB369,15,22 (4) Operation of off-highway vehicles. (a) Operator's license required. No person may operate an off-highway vehicle unless the person possesses a valid operator's license issued under ch. 343.

AB369,15,25 (b) General restrictions. No person may operate a Class B off-highway vehicle, and no person may operate a Class A off-highway vehicle that is not registered under ch. 341, in the following manner:

AB369,16,2 1. On public property except on an off-highway vehicle trail that is posted as open to the operation of off-highway vehicles.

AB369,16,4 2. On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for off-highway vehicle use.

AB369,16,5 3. In any careless way so as to endanger the person or property of another.

AB369,16,8 4. On Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for off-highway vehicle use.

AB369,16,10 5. With any crossbow in his or her possession unless the crossbow is not cocked or is unloaded and enclosed in a carrying case.

AB369,16,12 6. With any bow in his or her possession unless the bow does not have an arrow nocked.

AB369,16,16 7. With any firearm in his or her possession unless the firearm is unloaded or is a handgun, as defined in s. 175.60 (1) (bm). This subdivision does not apply to a firearm that is placed or possessed on an off-highway vehicle that is stationary, as defined in s. 167.31 (1) (fg).

AB369,16,18 8. To drive or pursue any animal except as part of normal farming operations involving the driving of livestock.

AB369,16,19 9. In a manner that violates rules promulgated by the department.

AB369,16,22 (c) Restrictions on public land; department requirements. 1. The department shall establish seasons during which a person may operate an off-highway vehicle on designated trails in state forest lands.

AB369,17,2 2. On or before the first day of the 7th month beginning after the effective date of this subdivision .... [LRB inserts date], the department shall prepare maps that identify each off-highway vehicle trail in this state. The department shall update the maps at least annually and shall make them available to the public on the department's Internet site.

AB369,17,4 (d) Operation on roadway. A person may operate a Class B off-highway vehicle on the roadway portion of any highway only in the following situations:

AB369,17,10 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the off-highway vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.

AB369,17,14 2. On any roadway that is seasonally not maintained for motor vehicle traffic. Operation of an off-highway vehicle on this type of roadway is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to off-highway vehicle traffic.

AB369,17,21 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to off-highway vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.

AB369,17,22 4. On roadways of highways that are off-highway vehicle trails.

AB369,17,25 (4c) Intoxicated operation of an off-highway vehicle. (a) Operation. 1. No person may operate an off-highway vehicle while under the influence of an intoxicant.

AB369,18,2 2. No person may operate an off-highway vehicle while the person has an alcohol concentration above 0.0.

AB369,18,4 3. No person may operate an off-highway vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB369,18,12 4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 3. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 3., the offenses shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 3. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing. Subdivisions 1., 2., and 3. each require proof of a fact for conviction that the others do not require.

AB369,18,19 5. In an action under subd. 3. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB369,18,21 (b) Causing injury. 1. No person while under the influence of an intoxicant may cause injury to another person by the operation of an off-highway vehicle.

AB369,18,23 2. No person who has an alcohol concentration above 0.0 may cause injury to another person by the operation of an off-highway vehicle.

AB369,19,3 3. No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an off-highway vehicle.

AB369,19,12 4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 3. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 3. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 3. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and counting convictions under sub. (14) (b) 2. and 3. Subdivisions 1., 2., and 3. each require proof of a fact for conviction that the others do not require.

AB369,19,18 5. a. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have an alcohol concentration of more than 0.0, or did not have a detectable amount of a restricted controlled substance in his or her blood.

AB369,19,25 b. In an action under subd. 3. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB369,20,5 (4g) Preliminary breath screening test. (a) Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an off-highway vehicle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.

AB369,20,11 (b) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an off-highway vehicle law or for the purpose of deciding whether or not to request a chemical test under sub. (4p). Following the preliminary breath screening test, chemical tests may be required of the person under sub. (4p).

AB369,20,15 (c) Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under sub. (4p).

AB369,20,17 (d) Refusal. There is no penalty for a violation of par. (a). Subsection (14) (a) and the general penalty provision under s. 939.61 do not apply to that violation.

AB369,20,20 (4j) Applicability of the intoxicated operation of an off-highway vehicle law. The intoxicated operation of an off-highway vehicle law applies to the operation of an off-highway vehicle on any off-highway vehicle trail.

AB369,21,2 (4L) Implied consent. Any person who engages in the operation of an off-highway vehicle on any off-highway vehicle trail is deemed to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under sub. (4p). Any person who engages in the operation of an off-highway vehicle on any off-highway vehicle trail is considered to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under sub. (4p).

AB369,21,10 (4p) Chemical tests. (a) Requirement. 1. A person shall provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway vehicle law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway vehicle law and if he or she is requested to submit to the test by a law enforcement officer.

AB369,21,13 2. A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under subd. 1. shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:

AB369,21,14 a. That he or she is deemed to have consented to tests under sub. (4L).

AB369,21,17 b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under par. (e) and is subject to the same penalties and procedures as a violation of sub. (4c) (a) 1.

AB369,21,19 c. That in addition to the designated chemical test under par. (b) 2., he or she may have an additional chemical test under par. (c) 1.

AB369,21,25 3. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an off-highway vehicle law, one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.

AB369,22,5 (b) Chemical tests. 1. Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 of 3 of these tests for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.

AB369,22,7 2. A test facility shall designate one chemical test of breath, blood, or urine that it is prepared to administer first for the purpose of authorized analysis.

AB369,22,10 3. A test facility shall specify another chemical test of breath, blood, or urine, other than the test designated under subd. 2., that it is prepared to administer for the purpose of authorized analysis as an additional chemical test.

AB369,22,21 4. A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health services, and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this subsection. Blood may be withdrawn from a person arrested for a violation of the intoxicated operation of an off-highway vehicle law only by a physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician. The person who withdraws the blood, the employer of that person, and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53.

AB369,23,3 5. A test facility that administers a chemical test of breath, blood, or urine for the purpose of authorized analysis under this subsection shall prepare a written report, which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test, and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.

AB369,23,12 (c) Additional and optional chemical tests. 1. If a person is arrested for a violation of the intoxicated operation of an off-highway vehicle law or is the operator of an off-highway vehicle involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer the additional chemical test specified under par. (b) 3. or may request, at his or her own expense, a reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.

AB369,23,21 2. If a person is arrested for a violation of the intoxicated operation of an off-highway vehicle law and if the person is not requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer a chemical test of his or her breath or may request, at his or her own expense, a reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under par. (b) 2. or the additional chemical test under par. (b) 3.

AB369,23,23 3. A test facility shall comply with a request under this paragraph to administer any chemical test it is able to perform.

AB369,24,3 4. The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under pars. (a) and (b).

AB369,24,13 (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b), or (c) 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 vehicle 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 above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB369,24,21 (e) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood, or urine or to submit to one or more chemical tests under par. (a). A person shall not be considered to have refused to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning violation of par. (a) or this paragraph are limited to the following:

AB369,24,24 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated operation of an off-highway vehicle law.

AB369,25,2 2. Whether the person was lawfully placed under arrest for violating the intoxicated operation of an off-highway vehicle law.

AB369,25,6 3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under par. (a) 2. or whether the request and information were unnecessary under par. (a) 3.

AB369,25,8 4. Whether the person refused to provide a sample or to submit to a chemical test.

AB369,25,12 (4t) Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an off-highway vehicle law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB369,25,19 (4x) Officer's action after arrest for operating an off-highway vehicle while under influence of intoxicant. A person arrested for a violation of sub. (4c) (a) 1. or 2. or a local ordinance in conformity therewith or sub. (4c) (b) 1. or 2. may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under sub. (4p) (a) 1. shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative, or other responsible adult at any time after arrest.

AB369,25,21 (4z) Public education program. (a) The department shall promulgate rules to provide for a public education program to do all of the following: