AB369: Bill Text

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:

AB369,25,23 1. Inform off-highway vehicle operators of the prohibitions and penalties included in the intoxicated operation of an off-highway vehicle law.

AB369,25,25 2. Provide for the development of signs briefly explaining the intoxicated operation of an off-highway vehicle law.

AB369,26,4 (b) The department shall develop and issue an educational pamphlet on the intoxicated operation of an off-highway vehicle law to be distributed, beginning within 6 months after the effective date of this paragraph .... [LRB inserts date], to persons issued off-highway vehicle registration certificates under sub. (2).

AB369,26,6 (5) Equipment requirements. No person may operate a Class B off-highway vehicle unless it meets all of the following requirements:

AB369,26,8 (a) If it is equipped with an internal combustion engine, it has a complete exhaust system that includes a muffler and a tailpipe.

AB369,26,9 (b) It has a permanently mounted and attached fuel cell or tank.

AB369,26,11 (c) It has a frame-mounted roll cage that is constructed in a manner specified by the department by rule and that encloses the operator and each passenger.

AB369,26,14 (d) It has a permanently affixed blaze orange safety flag that is at least 144 square inches in size and that is displayed from a pole that extends at least 8 feet above the ground on the front passenger side of the off-highway vehicle.

AB369,26,15 (e) It has 2 headlights.

AB369,26,16 (f) It has 2 brake lights.

AB369,26,17 (g) It has front and rear turn signals.

AB369,26,18 (h) It has side markers on the front and rear driver and passenger sides.

AB369,26,20 (i) All of the seats are permanently mounted and equipped with shoulder and lap safety belts.

AB369,26,21 (j) It does not contain an infant or child seat.

AB369,26,23 (k) It is equipped with an unopened kit that is capable of absorbing, containing, and collecting a spill of a minimum of 3.75 gallons of petroleum products.

AB369,26,25 (L) It has a battery that is secured in the vehicle in a manner that requires the use of a wrench or key to remove it.

AB369,27,4 (6) Noise limits. No person may manufacture, sell, rent, or operate a Class B off-highway vehicle that is constructed in such a manner that noise emitted from the off-highway vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.

AB369,27,7 (6m) Speed limits. (a) Except as provided in par. (b), no person may operate an off-highway vehicle on an off-highway vehicle trail at a speed exceeding a posted speed limit or, if no speed limit is posted, at a speed exceeding 20 miles per hour.

AB369,27,9 (b) No person may operate an off-highway vehicle on an off-highway vehicle trail when within 150 feet of a dwelling at a speed exceeding 10 miles per hour.

AB369,27,15 (7) Accidents. If an accident results in the death of any person, in the injury of any person that requires the treatment of the person by a physician, or in property damage of $500 or more, the operator of each off-highway vehicle involved in the accident shall, within 10 days of the date of the accident, provide a report of the accident to the department in the form and manner required by the department by rule.

AB369,27,19 (8) Trails. (a) Department authority. The department shall encourage and supervise a system of off-highway vehicle trails. The system shall include trails in state forests. The department may establish standards and procedures for certifying the designation of off-highway vehicle trails.

AB369,27,22 (b) Designation. A town, village, city, county, or the department may designate corridors through land that it owns or controls, or for which it obtains leases, easements, or permission, for use as off-highway vehicle trails.

AB369,27,25 (c) Restrictions. The designating authority may specify effective periods for the use of off-highway vehicle trails and may restrict or prohibit the operation of an off-highway vehicle during certain periods of the year.

AB369,28,3 (d) Signs. The department, in cooperation with the department of transportation, shall establish uniform off-highway vehicle trail signs and standards.

AB369,28,8 (e) Interference with signs and standards prohibited. 1. No person may intentionally remove, damage, deface, move, or obstruct any uniform off-highway vehicle trail sign or standard or intentionally interfere with the effective operation of any uniform off-highway vehicle trail sign or standard if the sign or standard is legally placed by the state, any municipality, or any authorized individual.

AB369,28,13 2. No person may possess any uniform off-highway vehicle 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 off-highway vehicle trail sign or standard in a lawful manner. Possession of a uniform off-highway vehicle trail sign or standard creates a rebuttable presumption of illegal possession.

AB369,28,16 (8m) Administration. (a) 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 sub. (2) in the previous fiscal year.

AB369,28,20 (b) The department may use funds appropriated to the department under s. 20.370 (1) (jg) for state off-highway vehicle projects or for aid to towns, villages, cities, counties, and federal agencies for nonstate off-highway vehicle projects conducted for any of the following purposes:

AB369,28,22 1. To acquire an easement or land in fee simple for development of an off- highway vehicle trail.

AB369,28,24 2. To develop or maintain an off-highway vehicle facility, including a parking area, riding area, shelter, toilet, or other improvement.

AB369,28,25 3. To develop or maintain an off-highway vehicle trail.

AB369,29,3 (9) Age restrictions for operation; safety certificate requirements. (a) No person under the age of 16 may operate an off-highway vehicle on an off-highway vehicle trail.

AB369,29,7 (b) No person who is 16 or 17 years of age may operate an off-highway vehicle on an off-highway vehicle trail unless he or she is subject to the continuous verbal direction and control of a person who is operating another off-highway vehicle and who is at least 18 years of age.

AB369,29,11 (c) No person who is born on or after December 31, 1993, may operate an off-highway vehicle on an off-highway vehicle trail unless he or she holds a valid safety certificate issued under par. (d) or issued by another state or a province of Canada.

AB369,29,24 (d) The department shall establish or supervise the establishment of a program of instruction on off-highway vehicle laws, including the intoxicated operation of an off-highway vehicle law, regulations, safety, and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the 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 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 $5.

AB369,30,2 (10) Grant program. (a) The department shall establish a program to award grants to organizations that meet the eligibility requirements under par. (b).

AB369,30,4 (b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:

AB369,30,5 1. The organization is a nonstock corporation organized in this state.

AB369,30,7 2. The organization promotes the operation of off-highway vehicles in a manner that is safe and responsible and that does not harm the environment.

AB369,30,10 3. The organization promotes the operation of off-highway vehicles in a manner that does not conflict with the laws, rules, and departmental policies that relate to the operation of off-highway vehicles.

AB369,30,13 4. The interest of the organization is limited to the recreational operation of off-highway vehicles on off-highway vehicle trails and other areas that are off of the highways.

AB369,30,15 5. The organization has a board of directors that has a majority of members who are off-highway vehicle enthusiasts and off-highway vehicle trail users.

AB369,30,16 6. The organization provides support to off-highway vehicle clubs.

AB369,30,19 (c) An organization receiving a grant under this subsection shall use the grant moneys to promote and provide support to the program established under sub. (9) (d) by conducting activities that include all of the following:

AB369,30,21 1. Collecting data on the recreational operation of off-highway vehicles off of the highways.