AB694,37,74 6. Recruiting, assisting in the training of, and providing support to, a corps of
5volunteers that will assist in providing instruction on the safe and responsible
6off-highway operation of off-highway motorcycles that is given in the field to
7operators of off-highway motorcycles.
AB694,37,108 7. Assist the department in publishing a manual that will be used to train
9volunteers in monitoring the recreational off-highway operation of off-highway
10motorcycles for safety issues and other issues that relate to responsible operation.
AB694,37,1211 (d) The department shall pay the grants from the appropriation under s. 20.370
12(1) (jb).
AB694,37,15 13(16) Landowner incentive payment program. (a) The department shall
14establish a program to make incentive payments to private landowners who permit
15off-highway motorcycle corridors on their lands and who apply for the payments.
AB694,37,1916 (b) An application is not considered complete until the forester or another
17employee of each county in which the off-highway motorcycle corridor is located
18measures the length of the corridor in that county for the purpose of calculating the
19payment.
AB694,37,2520 (c) The department shall allocate a certain amount for the incentive payments
21that may not be exceeded under this program for each fiscal year and shall
22promulgate rules to determine the amount of the annual allocation of the individual
23incentive payments. If the total amount of incentive payments made in a given fiscal
24year would exceed the amount available for the payments, the department shall
25establish a system to prorate the payments.
AB694,38,2
1(d) The department shall make the incentive payments under this subsection
2from the appropriation under s. 20.370 (5) (cz).
AB694,38,8 3(17) Equipment requirements. (a) No person may operate a limited use
4off-highway motorcycle during hours of darkness unless it is equipped with a lighted
5headlamp and a lighted tail lamp. The headlamp is required to display a white light
6of sufficient illuminating power to reveal any person, vehicle, or substantial object
7at a distance of at least 200 feet ahead of the off-highway motorcycle. The tail lamp
8is required to display a red light plainly visible from a distance of 500 feet to the rear.
AB694,38,109 (b) No person may operate a limited use off-highway motorcycle unless it is
10equipped with all of the following:
AB694,38,1111 1. At least one brake operated either by hand or by foot.
AB694,38,1212 2. Foot rests or pegs for the operator and any passenger.
AB694,38,1313 3. A functioning spark arrester of a type approved by the U.S. forest service.
AB694,38,1514 4. A functioning muffler unless the off-highway motorcycle is propelled by
15electric power.
AB694,38,2016 (c) No person may operate a limited use off-highway motorcycle unless the
17limited use off-highway motorcycle is constructed in such a manner that noise
18emitted from the limited use off-highway motorcycle does not exceed 96 decibels on
19the A scale as measured in the manner required under rules promulgated by the
20department.
AB694,38,2421 (d) Paragraphs (a) to (c) do not apply to the operation of a limited use
22off-highway motorcycle on private property if the owner of the property has given
23consent for the operation and does not hold the property out to the public for use of
24off-highway motorcycles.
AB694,39,7
1(18) Accidents. (a) If an operator of an off-highway motorcycle is involved in
2an accident that occurs off a highway and that results in the death of any person or
3in the injury of any person that requires treatment by a physician, the operator of
4each off-highway motorcycle involved in the accident shall give notice of the accident
5to a conservation warden or local law enforcement officer as soon as possible. Each
6operator shall also file a written report of the accident with the department on the
7form provided by it within 10 days after the accident.
AB694,39,108 (b) If an operator of an off-highway motorcycle is physically incapable of
9making the report required under par. (a) and there was another witness to the
10accident capable of making the report, the witness may make the report.
AB694,39,15 11(19) Trails and routes. (a) Department authority. The department shall
12encourage, develop, and supervise a system of off-highway motorcycle trails and
13off-highway motorcycle routes. The department may establish standards and
14procedures for designating off-highway motorcycle corridors and off-highway
15motorcycle routes under the jurisdiction of the department.
AB694,39,1916 (b) Trails. A local governmental unit or the department may designate
17corridors through land which it owns or controls, or for which it obtains leases,
18easements, or permission, for recreational use as off-highway motorcycle trails. A
19designation may include all or a portion of an all-terrain vehicle trail.
AB694,39,2320 (c) Routes. A local governmental unit may designate highways as off-highway
21motorcycle routes. No state trunk highway or connecting highway may be
22designated as an off-highway motorcycle route unless the department of
23transportation approves the designation.
AB694,40,224 (d) Restrictions. The designating local governmental unit may specify effective
25periods for the use of off-highway motorcycle trails and off-highway motorcycle

1routes and may restrict or prohibit the operation of off-highway motorcycles during
2certain periods of the year.
AB694,40,53 (e) Signs. The department, in cooperation with the department of
4transportation, shall establish uniform signs and standards for off-highway
5motorcycle routes and off-highway motorcycle trails.
AB694,40,116 (f) Interference with signs and standards prohibited. 1. No person may
7intentionally remove, damage, deface, move, obstruct, or interfere with the effective
8operation of any uniform off-highway motorcycle route sign or standard or any
9uniform off-highway motorcycle trail sign or standard if the sign or standard is
10legally placed by the state, any local governmental unit, or any authorized
11individual.
AB694,40,1712 2. No person may possess any uniform off-highway motorcycle route sign or
13standard or any uniform off-highway motorcycle trail sign or standard of the type
14established by the department for the warning, instruction, or information of the
15public unless he or she obtained the uniform sign or standard in a lawful manner.
16Possession of a uniform sign or standard creates a rebuttable presumption of illegal
17possession.
AB694,40,21 18(20) Enforcement activities and projects; funding. (a) Calculation of
19registration fees.
Before January 1 of each fiscal year, the department shall
20determine the total amount of fees received from the registration of off-highway
21vehicles under subs. (4) (d), (e), and (h) 2. and (5) (e) in the previous fiscal year.
AB694,40,2522 (b) Off-highway motorcycle projects. The department may use funding from
23the appropriation under s. 20.370 (1) (jb) for off-highway motorcycle projects that are
24undertaken by the state or by local governmental units. Any of the following types
25of off-highway motorcycle projects are eligible for funding:
AB694,41,1
11. Acquisition of an easement or land in fee simple.
AB694,41,32 2. An off-highway motorcycle facility such as a parking area, riding area,
3shelter, toilets, or other improvement.
AB694,41,54 3. Development of off-highway motorcycle routes or off-highway motorcycle
5trails.
AB694,41,96 4. Development or maintenance of an all-terrain vehicle trail, all-terrain
7vehicle route, or all-terrain vehicle facility or a snowmobile trail, snowmobile route,
8or snowmobile facility, if the trail, route, or facility is open for use by off-highway
9motorcycles.
AB694,41,1210 5. Maintenance of off-highway motorcycle trails and off-highway motorcycle
11routes, including routes on roadways that are not maintained or only minimally
12maintained for motor vehicle traffic on a seasonal basis.
AB694,41,1313 6. Purchase of liability insurance.
AB694,41,1814 (c) Priorities. In providing funding for the types of projects listed in par. (b), the
15department shall give higher overall priority to projects for facilities and trails that
16are open only for use by off-highway motorcycles. In determining which off-highway
17motorcycle projects will be provided funding, the department shall consider all of the
18following:
AB694,41,2019 1. The distance of a proposed off-highway project from a comparable existing
20project.
AB694,41,2221 2. The amount of interest demonstrated by a community in developing or
22maintaining an off-highway motorcycle project.
AB694,41,2423 3. The amount of support demonstrated by a local governmental unit in which
24the project will be located.
AB694,42,2
14. The number of existing trails, routes, and facilities that are open to
2off-highway motorcycles or that are in the process of being developed.
AB694,42,53 (d) Signs. In addition to the types of projects listed in par. (b), the department
4may provide funding under this subsection to a local governmental unit for up to 100
5percent of the cost of placing signs developed under sub. (12) (L) 1. b.
AB694,42,86 (e) Charging of fees. A local governmental unit that has not received funding
7under par. (b) in the prior fiscal year may charge a seasonal or daily use fee for an
8off-highway motorcycle area operated by the local governmental unit.
AB694,42,12 9(21) Local ordinances. (a) Any local governmental unit may enact an
10ordinance which is in strict conformity with this section and rules promulgated by
11the department under this section, if the ordinance encompasses all aspects
12encompassed by this section.
AB694,42,1713 (b) If a local governmental unit enacts an ordinance regulating off-highway
14motorcycles, its clerk shall immediately send a copy of the ordinance to the
15department and to the office of any law enforcement agency of the local governmental
16unit having jurisdiction over any highway designated as an off-highway motorcycle
17route.
AB694,42,20 18(22) Enforcement. (a) A law enforcement officer has the authority and
19jurisdiction to enforce this section and ordinances enacted in accordance with this
20section.
AB694,42,2221 (b) No operator of an off-highway motorcycle may refuse to stop after being
22requested or signaled to do so by a law enforcement officer.
AB694,42,24 23(23) Penalties. (a) Generally. Except as provided in pars. (b) to (f), any person
24who violates this section shall forfeit not more than $250.
AB694,43,2
1(b) Penalty related to nonresident trail passes. Any person who violates sub.
2(6) (a) shall forfeit not more than $1,000.
AB694,43,53 (c) Penalties related to intoxicated operation. 1. Except as provided under
4subds. 2. and 3., a person who violates sub. (12) (a) 1. or 2. or (h) shall forfeit not less
5than $150 nor more than $300.
AB694,43,106 2. Except as provided under subd. 3., a person who violates sub. (12) (a) 1. or
72. or (h) and who, within 5 years prior to the arrest for the current violation, was
8convicted previously under the intoxicated operation of an off-highway motorcycle
9law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned
10not less than 5 days nor more than 6 months.
AB694,43,1511 3. A person who violates sub. (12) (a) 1. or 2. or (h) and who, within 5 years prior
12to the arrest for the current violation, was convicted 2 or more times previously under
13the intoxicated operation of an off-highway motorcycle law shall be fined not less
14than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor
15more than one year in the county jail.
AB694,43,1716 4. A person who violates sub. (12) (a) 3. or (h) and who has not attained the age
17of 21 shall forfeit not more than $50.
AB694,43,2018 (d) Penalty related to causing injury; intoxicants. A person who violates sub.
19(12) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned
20not less than 30 days nor more than one year in the county jail.
AB694,43,2421 (e) Penalty related to interference with signs and standards. Except as provided
22in par. (f), a person who violates sub. (19) (f) and who, within the last 2 years prior
23to the arrest for the current violation, was 2 or more times previously convicted for
24violating a provision of this chapter shall forfeit not more than $500.
AB694,44,3
1(f) Penalties related to causing death or injury; interference with signs and
2standards.
A person who violates sub. (19) (f) 1. is guilty of a Class H felony if the
3violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.
AB694,44,64 (g) Calculation of previous convictions. In determining the number of previous
5convictions under par. (c) 2. and 3., convictions arising out of the same incident or
6occurrence shall be counted as one previous conviction.
AB694,44,127 (h) Reporting convictions to the department. Whenever a person is convicted
8of a violation of the intoxicated operation of an off-highway motorcycle law, the clerk
9of the court in which the conviction occurred, or the justice, judge, or magistrate of
10a court not having a clerk, shall forward to the department the record of such
11conviction. The record of conviction forwarded to the department shall state whether
12the offender was involved in an accident at the time of the offense.
AB694,44,1813 (i) Intoxicants; assessment. In addition to any other penalty or order, a person
14who violates sub. (12) (a), (b), or (h) shall be ordered by the court to submit to and
15comply with an assessment by an approved public treatment facility for an
16examination of the person's use of an intoxicant. The assessment order shall comply
17with s. 343.30 (1q) (c) 1. Intentional failure to comply with an assessment ordered
18under this paragraph constitutes contempt of court, punishable under ch. 785.
AB694,44,2319 (j) Restoration or replacement of signs and standards. In addition to any other
20penalty, the court may order the defendant to restore or replace any uniform
21off-highway motorcycle route sign or standard, or any uniform off-highway
22motorcycle trail sign or standard, that the defendant removed, damaged, defaced,
23moved, or obstructed.
AB694,18 24Section 18. 23.35 (1) (intro.) of the statutes is amended to read:
AB694,45,7
123.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a
2federally recognized American Indian tribe or band in this state to exempt, from the
3registration and certification requirements of this state, boats, snowmobiles,
4all-terrain vehicles, and utility terrain vehicles , and off-highway motorcycles that
5are owned by tribal or band members and registered under a registration program
6established by the tribe or band if the tribe or band requests the agreement and if
7the registration program does all of the following:
AB694,19 8Section 19. 23.35 (1) (a) of the statutes is amended to read:
AB694,45,119 23.35 (1) (a) Requires that boats, snowmobiles, all-terrain vehicles, and utility
10terrain vehicles, and off-highway motorcycles display decals or identification
11numbers showing valid registration by the tribe or band.
AB694,20 12Section 20. 23.35 (1) (b) of the statutes is amended to read:
AB694,45,1713 23.35 (1) (b) Employs registration decals and certificates of number that are
14substantially similar to those employed by the registration or certification programs
15of this state with regard to size, legibility, information content and placement on the
16boat, snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway
17motorcycle
.
AB694,21 18Section 21. 23.35 (1) (e) of the statutes is amended to read:
AB694,46,719 23.35 (1) (e) Provides reciprocal exemptions, from the tribe's or band's
20registration requirements, for boats, snowmobiles, all-terrain vehicles, and utility
21terrain vehicles, and off-highway motorcycles that are registered or certified by this
22state that are substantially as favorable as the exemptions enjoyed by the tribe or
23the band under the agreement. In this paragraph, "reciprocal exemption" means an
24exemption under the agreement that exempts from a tribe's or band's registration
25requirements, for operation within the boundaries of the tribe's or band's

1reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle, or
2off-highway motorcycle
that is owned by a person who is not a member of the tribe
3or band and that is registered or certified by this state to the same extent that the
4agreement exempts from state registration and certification requirements, for the
5operation outside the boundaries of the tribe's or band's reservation, a boat,
6snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway motorcycle
7that is registered by the tribe or band.
AB694,22 8Section 22. 23.35 (2) of the statutes is amended to read:
AB694,46,119 23.35 (2) An agreement entered into under sub. (1) may cover a registration
10program for boats, snowmobiles, all-terrain vehicles, or utility terrain vehicles, or
11off-highway motorcycles,
or any combination thereof.
AB694,23 12Section 23. 23.45 (1) (d) of the statutes is amended to read:
AB694,46,1513 23.45 (1) (d) "Registration" means any registration documentation, as defined
14in s. 23.33 (1) (jn), 23.335 (1) (zg), or s. 350.01 (10t), or certification or registration
15documentation, as defined in s. 30.50 (3b), issued by the department or its agents.
AB694,24 16Section 24. 23.45 (1) (d) 3. of the statutes is created to read:
AB694,46,1717 23.45 (1) (d) 3. Any certificate issued by the department under s. 23.335 (3).
AB694,25 18Section 25. 23.50 (1) of the statutes, as affected by 2013 Wisconsin Act 69, is
19amended to read:
AB694,47,620 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
21court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
22for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
23283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2),
24subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
25administrative rules promulgated thereunder, violations specified under s. 280.98

1(2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s.
2281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal,
3violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
4violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
5enacted by any local authority in accordance with s. 23.33 (11) (am) , 23.335 (21) (a),
6or 30.77.
AB694,26 7Section 26. 23.50 (3) of the statutes is amended to read:
AB694,47,158 23.50 (3) All actions in municipal court to recover forfeitures, plus costs, fees,
9and surcharges imposed under ch. 814, for violations of local ordinances enacted by
10any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77
11shall utilize the procedure in ch. 800. The actions shall be brought before the
12municipal court having jurisdiction. Provisions relating to citations, arrests,
13questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51
14(1m), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to
15violations of such ordinances.
AB694,27 16Section 27. 23.53 (1) of the statutes is amended to read:
AB694,48,317 23.53 (1) The citation created under this section shall, in all actions to recover
18forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of
19those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
20thereunder, and any rule of the Kickapoo reserve management board under s. 41.41
21(7) (k) be used by any law enforcement officer with authority to enforce those laws,
22except that the uniform traffic citation created under s. 345.11 may be used by a
23traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law
24enforcement agency of a municipality or county or a traffic officer employed under
25s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall

1not be used for violations of ch. 350 relating to highway use. The citation may be used
2for violations of local ordinances enacted by any local authority in accordance with
3s. 23.33 (11) (am), 23.335 (21) (a), or 30.77.
AB694,28 4Section 28. 23.56 (1) of the statutes is amended to read:
AB694,48,115 23.56 (1) A person may be arrested for a violation of those statutes enumerated
6in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the
7Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances
8enacted by any local authority in accordance with s. 23.33 (11) (am) , 23.335 (21) (a),
9or 30.77, after a warrant that substantially complies with s. 968.04 has been issued.
10Except as provided in sub. (2), the person arrested shall be brought without
11unreasonable delay before a court having jurisdiction to try the action.
AB694,29 12Section 29. 23.57 (1) (intro.) of the statutes is amended to read:
AB694,48,1813 23.57 (1) (intro.) A person may be arrested without a warrant when the
14arresting officer has probable cause to believe that the person is committing or has
15committed a violation of those statutes enumerated in s. 23.50 (1), any
16administrative rules promulgated thereunder, any rule of the Kickapoo reserve
17management board under s. 41.41 (7) (k), or any local ordinances enacted by any local
18authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77; and:
AB694,30 19Section 30. 23.58 of the statutes is amended to read:
AB694,49,6 2023.58 Temporary questioning without arrest. After having identified
21himself or herself as an enforcing officer, an enforcing officer may stop a person in
22a public place for a reasonable period of time when the officer reasonably suspects
23that such person is committing, is about to commit or has committed a violation of
24those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
25thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7)

1(k), or any local ordinances enacted by any local authority in accordance with s. 23.33
2(11) (am), 23.335 (21) (a), or 30.77. Such a stop may be made only where the enforcing
3officer has proper authority to make an arrest for such a violation. The officer may
4demand the name and address of the person and an explanation of the person's
5conduct. Such detention and temporary questioning shall be conducted in the
6vicinity where the person was stopped.
AB694,31 7Section 31. 23.62 (1) (intro.) of the statutes is amended to read:
AB694,49,148 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe
9that a person subject to his or her authority is committing or has committed a
10violation of those statutes enumerated in s. 23.50 (1), any administrative rules
11promulgated thereunder, any rule of the Kickapoo reserve management board under
12s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance
13with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77, the officer may proceed in the
14following manner:
AB694,32 15Section 32. 25.29 (1) (a) of the statutes is amended to read:
AB694,49,2116 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing
17to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350,
18subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325, 23.33, 23.335, except as
19provided in s. 25.40 (1) (bt), 23.35
to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58, 71.10
20(5), 71.30 (10), and 90.21, including grants received from the federal government or
21any of its agencies except as otherwise provided by law.
AB694,33 22Section 33. 25.40 (1) (bt) of the statutes is created to read:
AB694,49,2423 25.40 (1) (bt) Moneys received by the department of natural resources under
24s. 23.335 (4) (d), (e), and (h) 2. and (5) (e).
AB694,34 25Section 34. 30.26 (4) (title) of the statutes is amended to read:
Loading...
Loading...