SB395: Bill Text

SB395,41,20 1. The distance of a proposed off-highway project from a comparable existing project.

SB395,41,22 2. The amount of interest demonstrated by a community in developing or maintaining an off-highway motorcycle project.

SB395,41,24 3. The amount of support demonstrated by a local governmental unit in which the project will be located.

SB395,42,2 4. The number of existing trails, routes, and facilities that are open to off-highway motorcycles or that are in the process of being developed.

SB395,42,5 (d) Signs. In addition to the types of projects listed in par. (b), the department may provide funding under this subsection to a local governmental unit for up to 100 percent of the cost of placing signs developed under sub. (12) (L) 1. b.

SB395,42,8 (e) Charging of fees. A local governmental unit that has not received funding under par. (b) in the prior fiscal year may charge a seasonal or daily use fee for an off-highway motorcycle area operated by the local governmental unit.

SB395,42,12 (21) Local ordinances. (a) Any local governmental unit may enact an ordinance that is in strict conformity with this section and rules promulgated by the department under this section, if the ordinance encompasses all aspects encompassed by this section.

SB395,42,19 (am) A county, city, village, or town may enact an ordinance to authorize the operation of limited use off-highway motorcycles on a highway bridge that is not part of the national system of interstate and defense highways, that is 1,000 feet in length or less, and that is located within the territorial boundaries of the county, city, village, or town regardless of whether the county, city, village, or town has jurisdiction over the highway. Any such ordinance shall require a person crossing a bridge to do all of the following:

SB395,42,21 1. Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.

SB395,42,22 2. Stay as far to the right of the roadway or shoulder as practicable.

SB395,42,23 3. Stop the vehicle prior to the crossing.

SB395,42,25 4. Yield the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway or shoulder.

SB395,43,2 5. Exit the highway as quickly and safely as practicable after crossing the bridge.

SB395,43,7 (b) If a local governmental unit enacts an ordinance regulating off-highway motorcycles, its clerk shall immediately send a copy of the ordinance to the department, to the state traffic patrol, and to the office of any law enforcement agency of each local governmental unit having jurisdiction over any of the highways to which the ordinance applies.

SB395,43,10 (22) Enforcement. (a) A law enforcement officer has the authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.

SB395,43,12 (b) No operator of an off-highway motorcycle may refuse to stop after being requested or signaled to do so by a law enforcement officer.

SB395,43,14 (23) Penalties. (a) Generally. Except as provided in pars. (b) to (f), any person who violates this section shall forfeit not more than $250.

SB395,43,16 (b) Penalty related to nonresident trail passes. Any person who violates sub. (6) (a) shall forfeit not more than $1,000.

SB395,43,19 (c) Penalties related to intoxicated operation. 1. Except as provided under subds. 2., 3., and 4., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit not less than $150 nor more than $300.

SB395,43,24 2. Except as provided under subds. 3. and 4., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an off-highway motorcycle law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.

SB395,44,6 3. Except as provided in subd. 4., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an off-highway motorcycle law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

SB395,44,8 4. A person who violates sub. (12) (a) 3. or (h) and who has not attained the age of 21 shall forfeit not more than $50.

SB395,44,11 (d) Penalty related to causing injury; intoxicants. A person who violates sub. (12) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.

SB395,44,15 (e) Penalty related to interference with signs and standards. Except as provided in par. (f), a person who violates sub. (19) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit not more than $500.

SB395,44,18 (f) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (19) (f) 1. is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

SB395,44,21 (g) Calculation of previous convictions. In determining the number of previous convictions under pars. (c) 2. and 3. and (e), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

SB395,45,2 (h) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an off-highway motorcycle law, the clerk of the court in which the conviction occurred, or the justice, judge, or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

SB395,45,8 (i) Intoxicants; assessment. In addition to any other penalty or order, a person who violates sub. (12) (a), (b), or (h) shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of an intoxicant. The assessment order shall comply with s. 343.30 (1q) (c) 1. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB395,45,13 (j) Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform off-highway motorcycle route sign or standard, or any uniform off-highway motorcycle trail sign or standard, that the defendant removed, damaged, defaced, moved, or obstructed.

SB395,11 Section 11. 23.35 (1) (intro.) of the statutes is amended to read:

SB395,45,21 23.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles , and off-highway motorcycles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:

SB395,12 Section 12. 23.35 (1) (a) of the statutes is amended to read:

SB395,45,25 23.35 (1) (a) Requires that boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles, and off-highway motorcycles display decals or identification numbers showing valid registration by the tribe or band.

SB395,13 Section 13. 23.35 (1) (b) of the statutes is amended to read:

SB395,46,6 23.35 (1) (b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway motorcycle.

SB395,14 Section 14. 23.35 (1) (e) of the statutes is amended to read:

SB395,46,21 23.35 (1) (e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles, and off-highway motorcycles that are registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway motorcycle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway motorcycle that is registered by the tribe or band.

SB395,15 Section 15. 23.35 (2) of the statutes is amended to read:

SB395,46,25 23.35 (2) An agreement entered into under sub. (1) may cover a registration program for boats, snowmobiles, all-terrain vehicles, or utility terrain vehicles, or off-highway motorcycles, or any combination thereof.

SB395,16 Section 16. 23.45 (1) (d) of the statutes is amended to read:

SB395,47,4 23.45 (1) (d) "Registration" means any registration documentation, as defined in s. 23.33 (1) (jn), 23.335 (1) (zg), or s. 350.01 (10t), or certification or registration documentation, as defined in s. 30.50 (3b), issued by the department or its agents.

SB395,17 Section 17. 23.50 (1) of the statutes is amended to read:

SB395,47,17 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 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, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s. 281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) , 23.335 (21) (a), or 30.77.

SB395,18 Section 18. 23.50 (3) of the statutes is amended to read:

SB395,48,2 23.50 (3) All actions in municipal court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51 (1m), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to violations of such ordinances.

SB395,19 Section 19. 23.53 (1) of the statutes is amended to read:

SB395,48,15 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, 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), 23.335 (21) (a), or 30.77.

SB395,20 Section 20. 23.56 (1) of the statutes is amended to read:

SB395,48,23 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) , 23.335 (21) (a), or 30.77, 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.

SB395,21 Section 21. 23.57 (1) (intro.) of the statutes is amended to read:

SB395,49,6 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), 23.335 (21) (a), or 30.77; and:

SB395,22 Section 22. 23.58 of the statutes is amended to read:

SB395,49,19 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), 23.335 (21) (a), or 30.77. 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.

SB395,23 Section 23. 23.62 (1) (intro.) of the statutes is amended to read:

SB395,50,2 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), 23.335 (21) (a), or 30.77, the officer may proceed in the following manner:

SB395,24 Section 24. 25.29 (1) (a) of the statutes is amended to read:

SB395,50,9 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325, 23.33, 23.335, except as provided 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 (5), 71.30 (10), and 90.21, including grants received from the federal government or any of its agencies except as otherwise provided by law.

SB395,25 Section 25. 25.40 (1) (bt) of the statutes is created to read:

SB395,50,12 25.40 (1) (bt) Moneys received by the department of natural resources under s. 23.335 (4) (d), (e), and (h) 2. and (5) (e).

SB395,26 Section 26. 30.26 (4) (title) of the statutes is amended to read:

SB395,50,15 30.26 (4) (title) Snowmobiles, all-terrain vehicles, and utility terrain vehicles, and off-highway motorcycles.

SB395,27 Section 27. 30.26 (4) (a) (intro.) of the statutes is amended to read:

SB395,50,22 30.26 (4) (a) (intro.) The department may not prohibit the crossing of a bridge over a wild river by an all-terrain vehicle or utility terrain vehicle traveling on an all-terrain vehicle trail, as defined under s. 23.33 (1) (d), by an off-highway motorcycle traveling on an off-highway motorcycle trail designated under sub. (19) (b), or by a snowmobile traveling on a snowmobile trail, as defined under s. 350.01 (17) that is constructed in any of the following locations:

SB395,28 Section 28. 30.26 (4) (b) of the statutes is amended to read:

SB395,51,2 30.26 (4) (b) The state shall permit all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, and snowmobiles to travel in a corridor across any state land that separates an all-terrain vehicle trail, an off-highway motorcycle trail, or a snowmobile trail and the bridges constructed at the locations listed under par. (a).

SB395,29 Section 29. 30.29 (1) (b) of the statutes is amended to read:

SB395,51,6 30.29 (1) (b) "Motor vehicle" includes a utility terrain vehicle, as defined in s. 23.33 (1) (ng), and an all-terrain vehicle, as defined in s. 340.01 (2g), and an off-highway motorcycle, as defined in s. 23.335 (1) (q).

SB395,30 Section 30. 46.03 (18) (f) of the statutes is amended to read:

SB395,51,21 46.03 (18) (f) Notwithstanding par. (a), any person who submits to an assessment or airman or driver safety plan under s. 23.33 (13) (e), 23.335 (23) (i), 30.80 (6) (d), 114.09 (2) (bm), 343.16 (5) (a), 343.30 (1q), 343.305 (10) or 350.11 (3) (d) shall pay a reasonable fee therefor to the appropriate county department under s. 51.42, approved tribal treatment facility, as defined in s. 51.01 (2c), or traffic safety school under s. 345.60. A county may allow the person to pay the assessment fee in 1, 2, 3 or 4 equal installments. The fee for the airman or driver safety plan may be reduced or waived if the person is unable to pay the complete fee, but no fee for assessment or attendance at a traffic safety school under s. 345.60 may be reduced or waived. Nonpayment of the assessment fee is noncompliance with the court order that required completion of an assessment and airman or driver safety plan. Upon a finding that the person has the ability to pay, nonpayment of the airman or driver safety plan fee is noncompliance with the court order that required completion of an assessment and airman or driver safety plan.

SB395,31 Section 31. 59.54 (14) (g) of the statutes is amended to read:

SB395,52,6 59.54 (14) (g) A county may establish extensions of the jail, which need not be at the county seat, to serve as places of temporary confinement. No person may be detained in such an extension for more than 24 consecutive hours, except that a court may order that a person subject to imprisonment under s. 23.33 (13) (b) 2. or 3. or (c), 23.335 (23) (c) 2. or 3. or (d), or 350.11 (3) (a) 2. or 3. or (b) be imprisoned for more than 24 consecutive hours in such an extension. Jail extensions shall be subject to plans and specifications approval by the department of corrections and shall conform to other requirements imposed by law on jails, except that cells may be designed and used for multiple occupancy.

SB395,32 Section 32. 70.11 (45m) of the statutes is amended to read:

SB395,52,11 70.11 (45m) Snowmobile, all-terrain vehicle, and utility terrain vehicle clubs. Trail groomers owned by a snowmobile club, an all-terrain vehicle club, or a utility terrain vehicle club, or an off-highway motorcycle club that is exempt from taxation under section 501 (c) (3), (4), or (7) of the Internal Revenue Code.

SB395,33 Section 33. 77.51 (13s) of the statutes is amended to read:

SB395,52,16 77.51 (13s) "Safety classes" means all classes approved by the department of natural resources related to hunting, including hunting with a bow, and related to firearms, all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, boats, and snowmobiles.

SB395,34 Section 34. 77.61 (1) (a) of the statutes is amended to read:

SB395,52,22 77.61 (1) (a) No motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, or aircraft shall be registered or titled in this state unless the registrant presents proof that the sales or use taxes imposed by this subchapter have been paid.

SB395,35 Section 35. 77.61 (1) (b) of the statutes is amended to read:

SB395,53,2 77.61 (1) (b) In the case of motor vehicles, boats, snowmobiles, recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, or aircraft purchased from a retailer, the registrant shall present proof that the tax has been paid to such retailer.

SB395,36 Section 36. 77.61 (1) (c) of the statutes is amended to read:

SB395,53,11 77.61 (1) (c) In the case of motor vehicles, boats, snowmobiles, recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, or aircraft registered or titled, or required to be registered or titled, in this state purchased from persons who are not retailers, the purchaser shall file a sales tax return and pay the tax prior to registering or titling the motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), semitrailer, all-terrain vehicle, utility terrain vehicle, or aircraft in this state.

SB395,37 Section 37. 77.73 (2) of the statutes is amended to read:

SB395,53,21 77.73 (2) Counties and special districts do not have jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except snowmobiles, trailers, semitrailers, limited use off-highway motorcycles, as defined in s. 23.335 (1) (o), all-terrain vehicles, and utility terrain vehicles, purchased in a sale that is consummated in another county or special district in this state that does not have in effect an ordinance or resolution imposing the taxes under this subchapter and later brought by the buyer into the county or special district that has imposed a tax under s. 77.71 (2).

SB395,38 Section 38. 78.01 (2) (e) of the statutes is amended to read:

SB395,54,3 78.01 (2) (e) Gasoline sold for nonhighway use in mobile machinery and equipment; other than use in a snowmobile, a limited use off-highway motorcycle that is not registered for private use under s. 23.335 (3) (a), an all-terrain vehicle or utility terrain vehicle that is not registered for private use under s. 23.33 (2) (d), or a recreational motorboat; and delivered directly into the consumer's storage tank in an amount of not less than 100 gallons.

SB395,39 Section 39. 78.01 (2m) (f) of the statutes is amended to read:

SB395,54,10 78.01 (2m) (f) It is dyed diesel fuel and is sold for off-highway use other than use in a snowmobile, in a limited use off-highway motorcycle that is not registered for private use under s. 23.335 (3) (a), in an all-terrain vehicle or utility terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or (2g), or in a recreational motorboat or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

SB395,40 Section 40. 78.40 (1) of the statutes is amended to read:

SB395,55,2 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under ss. 78.405 and 78.407 is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, of a limited use off-highway motorcycle that is not registered for private use under s. 23.335 (3) (a), of an all-terrain vehicle or utility terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or (2g), or of a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.