SB395,28,1514 3. The operation of a limited use off-highway motorcycle on a highway as
15authorized under sub. (10).
SB395,28,1716 4. The operation of an off-highway motorcycle adjacent to a highway as
17authorized under sub. (11).
SB395,28,2218 (e) Preliminary breath screening. 1. A person shall provide a sample of his or
19her breath for a preliminary breath screening test if a law enforcement officer has
20probable cause to believe that the person is violating or has violated the intoxicated
21operation of an off-highway motorcycle law and if, prior to an arrest, the law
22enforcement officer requested the person to provide this sample.
SB395,29,323 2. A law enforcement officer may use the results of a preliminary breath
24screening test for the purpose of deciding whether or not to arrest a person for a
25violation of the intoxicated operation of an off-highway motorcycle law or for the

1purpose of deciding whether or not to request a chemical test under par. (f).
2Following the preliminary breath screening test, chemical tests may be required of
3the person under par. (f).
SB395,29,74 3. The result of a preliminary breath screening test is not admissible in any
5action or proceeding except to show probable cause for an arrest, if the arrest is
6challenged, or to show that a chemical test was properly required of a person under
7par. (f).
SB395,29,98 4. There is no penalty for a violation of subd. 1. Subsection (23) (a) and the
9general penalty provision under s. 939.61 do not apply to the violation.
SB395,29,1710 (f) Chemical tests; requirement. 1. A person shall provide one or more samples
11of his or her breath, blood, or urine for the purpose of authorized analysis if he or she
12is arrested for a violation of the intoxicated operation of an off-highway motorcycle
13law and if he or she is requested to provide the sample by a law enforcement officer.
14A person shall submit to one or more chemical tests of his or her breath, blood, or
15urine for the purpose of authorized analysis if he or she is arrested for a violation of
16the intoxicated operation of an off-highway motorcycle law and if he or she is
17requested to submit to the test by a law enforcement officer.
SB395,29,2018 2. A law enforcement officer requesting a person to provide a sample or to
19submit to a chemical test under subd. 1. shall inform the person of all of the following
20at the time of the request and prior to obtaining the sample or administering the test:
SB395,29,2121 a. That he or she is deemed to have consented to tests under par. (c).
SB395,29,2422 b. That a refusal to provide a sample or to submit to a chemical test constitutes
23a violation under par. (h) and is subject to the same penalties and procedures as a
24violation of par. (a) 1.
SB395,30,2
1c. That in addition to the designated chemical test under par. (g) 2., he or she
2may have an additional chemical test under par. (g) 4.
SB395,30,83 3. A person who is unconscious or otherwise not capable of withdrawing
4consent is presumed not to have withdrawn consent under this paragraph, and if a
5law enforcement officer has probable cause to believe that the person violated the
6intoxicated operation of an off-highway motorcycle law, one or more chemical tests
7may be administered to the person without a request under subd. 1. and without
8providing information under subd. 2.
SB395,30,139 (g) Chemical tests; procedures. 1. Upon the request of a law enforcement officer,
10a test facility shall administer a chemical test of breath, blood, or urine for the
11purpose of authorized analysis. A test facility shall be prepared to administer 2 out
12of 3 of these tests for the purpose of authorized analysis. The department may enter
13into agreements for the cooperative use of test facilities.
SB395,30,1614 2. A test facility shall designate one chemical test of breath, blood, or urine
15which it is prepared to administer first as the primary test for the purpose of
16authorized analysis.
SB395,30,1917 3. A test facility shall designate another chemical test of breath, blood, or urine,
18other than the test designated under subd. 2., which it is prepared to administer as
19an additional chemical test for the purpose of authorized analysis.
SB395,31,220 4. If a person is arrested for a violation of the intoxicated operation of an
21off-highway motorcycle law or is the operator of an off-highway motorcycle involved
22in an accident resulting in great bodily harm to or the death of someone and if the
23person is requested to provide a sample or to submit to a test under par. (f) 1., the
24person may request the test facility to administer the additional chemical test
25specified under subd. 3.. or, at his or her own expense, reasonable opportunity to have

1any qualified person administer a chemical test of his or her breath, blood, or urine
2for the purpose of authorized analysis.
SB395,31,113 5. If a person is arrested for a violation of the intoxicated operation of an
4off-highway motorcycle law and if the person is not requested to provide a sample
5or to submit to a test under par. (f) 1., the person may request the test facility to
6administer a chemical test of his or her breath or may request, at his or her own
7expense, a reasonable opportunity to have any qualified person administer a
8chemical test of his or her breath, blood, or urine for the purpose of authorized
9analysis. If a test facility is unable to perform a chemical test of breath, the person
10may request the test facility to administer the chemical test designated under subd.
112. or the additional chemical test designated under subd. 3.
SB395,31,1312 6. A test facility shall comply with a request under this paragraph to
13administer any chemical test it is able to perform.
SB395,31,1614 7. The failure or inability of a person to obtain a chemical test at his or her own
15expense does not preclude the admission of evidence of the results of a chemical test
16required and administered under this paragraph or par. (f).
SB395,32,317 8. A chemical test of blood or urine conducted for the purpose of authorized
18analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of
19the laboratory of hygiene, department of health services, and department of
20transportation under s. 343.305 (6) apply to a chemical test of blood or urine
21conducted for the purpose of authorized analysis under this paragraph and par. (f).
22Blood may be withdrawn from a person arrested for a violation of the intoxicated
23operation of an off-highway motorcycle law only by a physician, registered nurse,
24medical technologist, physician assistant, phlebotomist, or other medical
25professional who is authorized to draw blood, or person acting under the direction

1of a physician, and the person who withdraws the blood, the employer of that person,
2and any hospital where blood is withdrawn have immunity from civil or criminal
3liability as provided under s. 895.53.
SB395,32,114 9. A test facility which administers a chemical test of breath, blood, or urine
5for the purpose of authorized analysis under this paragraph and par. (f) shall prepare
6a written report which shall include the findings of the chemical test, the
7identification of the law enforcement officer or the person who requested a chemical
8test, and the identification of the person who provided the sample or submitted to the
9chemical test. The test facility shall transmit a copy of the report to the law
10enforcement officer and the person who provided the sample or submitted to the
11chemical test.
SB395,32,1912 (h) Chemical tests; refusal. No person may refuse a lawful request to provide
13one or more samples of his or her breath, blood, or urine or to submit to one or more
14chemical tests under par. (f). A person shall not be considered to have refused to
15provide a sample or to submit to a chemical test if it is shown by a preponderance of
16the evidence that the refusal was due to a physical inability to provide the sample
17or to submit to the test due to a physical disability or disease unrelated to the use of
18an intoxicant. Issues in any action concerning violation of par. (f) or this paragraph
19are limited to the following:
SB395,32,2220 1. Whether the law enforcement officer had probable cause to believe the
21person was violating or had violated the intoxicated operation of an off-highway
22motorcycle law.
SB395,32,2423 2. Whether the person was lawfully placed under arrest for violating the
24intoxicated operation of an off-highway motorcycle law.
SB395,33,3
13. Whether the law enforcement officer requested the person to provide a
2sample or to submit to a chemical test and provided the information required under
3par. (f) 2. or whether the request and information was unnecessary under par. (f) 3.
SB395,33,54 4. Whether the person refused to provide a sample or to submit to a chemical
5test.
SB395,33,146 (i) Chemical tests; effect of test results. The results of a chemical test required
7or administered under par. (f) or (g) are admissible in any civil or criminal action or
8proceeding arising out of the acts committed by a person alleged to have violated the
9intoxicated operation of an off-highway motorcycle law on the issue of whether the
10person was under the influence of an intoxicant or the issue of whether the person
11had alcohol concentrations at or above specified levels or a detectable amount of a
12restricted controlled substance in his or her blood. Results of these chemical tests
13shall be given the effect required under s. 885.235. Paragraphs (f) to (h) do not limit
14the right of a law enforcement officer to obtain evidence by any other lawful means.
SB395,33,1815 (j) Report of arrest to department. If a law enforcement officer arrests a person
16for a violation of the intoxicated operation of an off-highway motorcycle law or the
17refusal law, the law enforcement officer shall notify the department of the arrest as
18soon as practicable.
SB395,33,2319 (k) Release of persons arrested. 1. A person arrested for a violation of the
20intoxicated operation of the off-highway motorcycle law may not be released until
2112 hours have elapsed from the time of his or her arrest or unless a chemical test
22administered under par. (a) 1. or 2. shows that the person has an alcohol
23concentration of 0.05 or less, except as provided in subd 2.
SB395,34,3
12. A person arrested for a violation of the intoxicated operation of the
2off-highway motorcycle law may be released to his or her attorney, spouse, relative,
3or other responsible adult at any time after arrest.
SB395,34,54 (L) Public education program. 1. The department shall promulgate rules to
5provide for a public education program to:
SB395,34,76 a. Inform off-highway motorcycle operators of the prohibitions and penalties
7included in the intoxicated operation of an off-highway motorcycle law.
SB395,34,98 b. Provide for the development of signs briefly explaining the intoxicated
9operation of an off-highway motorcycle law.
SB395,34,1210 2. The department shall develop and issue an educational pamphlet on the
11intoxicated operation of an off-highway motorcycle law to be distributed to persons
12issued off-highway motorcycle registration certificates under sub. (3).
SB395,34,18 13(13) Age restrictions; safety certificate requirements. (a) Under 12 years
14of age.
A person who is under 12 years of age may not operate an off-highway
15motorcycle on a roadway under any circumstances and may not operate an
16off-highway motorcycle off a roadway unless he or she is accompanied by a parent
17or guardian or by a person who is at least 18 years of age who has been designated
18by the parent or guardian.
SB395,34,2219 (b) At least 12 years of age. No person who is at least 12 years of age and born
20after January 1, 1998, may operate an off-highway motorcycle off the highways
21unless the person holds a valid certificate issued by the department under sub. (14)
22or by another state or a province of Canada.
SB395,35,223 (c) Exemptions. 1. The restrictions under pars. (a) and (b) do not apply to the
24operation of an off-highway motorcycle on private property if the owner of the

1property has given consent for the operation and does not hold the property out to
2the public for use of off-highway motorcycles.
SB395,35,83 2. The restriction under par. (a) does not apply to a person who is operating a
4limited use off-highway motorcycle at an off-highway motorcycle event sponsored
5by a local governmental unit, by an off-highway motorcycle association, or by a
6similar organization that is approved by a local governmental unit, who is wearing
7protective headgear in compliance with sub. (8) (a) or (b), and who is accompanied
8by a person who is at least 18 years of age or a parent or guardian.
SB395,35,23 9(14) Safety certification program. The department shall establish or
10supervise the establishment of a program of instruction on laws related to the
11operation of off-highway motorcycles for recreational purposes off the highways.
12The program shall include instruction on the intoxicated operation of an off-highway
13motorcycle law, safety, and related subjects. The department shall establish by rule
14an instruction fee for this program. All or part of this program may be conducted by
15means of online instruction. The department shall issue certificates to persons
16successfully completing the program. An instructor conducting the program of
17instruction under this subsection shall collect the fee from each person who receives
18instruction. The department may determine the portion of this fee, which may not
19exceed 50 percent, that the instructor may retain to defray expenses incurred by the
20instructor in conducting the program. The instructor shall remit the remainder of
21the fee or, if nothing is retained, the entire fee to the department. The department
22shall issue a duplicate certificate of accomplishment to a person who is entitled to a
23duplicate certificate of accomplishment and who pays a fee of $2.75.
SB395,35,25 24(15) Safety grant program. (a) The department shall establish a program to
25award grants to organizations that meet the eligibility requirements under par. (b).
SB395,36,2
1(b) To be eligible for a grant under this subsection, an organization shall meet
2all of the following requirements:
SB395,36,33 1. The organization is a nonstock corporation organized in this state.
SB395,36,64 2. The organization promotes the off-highway operation of off-highway
5motorcycles in a manner that is safe and responsible and that does not harm the
6environment.
SB395,36,97 3. The organization promotes the off-highway operation of off-highway
8motorcycles in a manner that does not conflict with the laws, rules, and departmental
9policies that are applicable to the operation of off-highway motorcycles.
SB395,36,1210 4. The interest of the organization is limited to the recreational operation of
11off-highway motorcycles on off-highway motorcycle trails, off-highway motorcycle
12routes, and other areas that are off the highways.
SB395,36,1313 5. The organization provides support to off-highway motorcycle clubs.
SB395,36,1614 (c) An organization receiving a grant under this subsection shall use the grant
15moneys to promote and provide support to the safety certification program
16established under sub. (14) by conducting activities that include all of the following:
SB395,36,1817 1. Collecting data on the recreational off-highway operation of off-highway
18motorcycles.
SB395,36,2019 2. Providing assistance to the department in locating, recruiting, and training
20instructors for the safety certification program established under sub. (14).
SB395,36,2321 3. Attempting to increase participation by current and future off-highway
22motorcycle operators and owners in the safety certification program established
23under sub. (14).
SB395,37,424 4. Assisting the department of natural resources and the department of
25tourism in creating an outreach program to inform local communities of appropriate

1recreational off-highway use of off-highway motorcycles in their communities and
2of the economic benefits that may be gained from promoting tourism to attract
3persons who will participate in the recreational off-highway use of off-highway
4motorcycles.
SB395,37,65 5. Attempting to improve and maintain its relationship with all of the
6following:
SB395,37,77 a. The department of natural resources and the department of tourism.
SB395,37,98 b. Off-highway motorcycle dealers and manufacturers of off-highway
9motorcycles.
SB395,37,1110 c. All-terrain vehicle dealers, as defined in s. 23.33 (1) (bd), and all-terrain
11vehicle manufacturers, as defined in s. 23.33 (1) (bp).
SB395,37,1412 d. Snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as
13defined in s. 350.138 (1) (d), and other organizations that promote the recreational
14operation of snowmobiles.
SB395,37,1815 6. Recruiting, assisting in the training of, and providing support to, a corps of
16volunteers that will assist in providing instruction on the safe and responsible
17off-highway operation of off-highway motorcycles that is given in the field to
18operators of off-highway motorcycles.
SB395,37,2119 7. Assist the department in publishing a manual that will be used to train
20volunteers in monitoring the recreational off-highway operation of off-highway
21motorcycles for safety issues and other issues that relate to responsible operation.
SB395,37,2322 (d) The department shall pay the grants from the appropriation under s. 20.370
23(1) (jb).
SB395,38,4 24(17) Equipment requirements. (a) No person may operate a limited use
25off-highway motorcycle during hours of darkness unless it is equipped with a lighted

1headlamp and a lighted tail lamp. The headlamp is required to display a white light
2of sufficient illuminating power to reveal any person, vehicle, or substantial object
3at a distance of at least 200 feet ahead of the off-highway motorcycle. The tail lamp
4is required to display a red light plainly visible from a distance of 500 feet to the rear.
SB395,38,65 (b) No person may operate a limited use off-highway motorcycle unless it is
6equipped with all of the following:
SB395,38,77 1. At least one brake operated either by hand or by foot.
SB395,38,88 2. Foot rests or pegs for the operator and any passenger.
SB395,38,99 3. A functioning spark arrester of a type approved by the U.S. forest service.
SB395,38,1110 4. A functioning muffler unless the off-highway motorcycle is propelled by
11electric power.
SB395,38,1612 (c) No person may operate a limited use off-highway motorcycle unless the
13limited use off-highway motorcycle is constructed in such a manner that noise
14emitted from the limited use off-highway motorcycle does not exceed 96 decibels on
15the A scale as measured in the manner required under rules promulgated by the
16department.
SB395,38,2017 (d) Paragraphs (a) to (c) do not apply to the operation of a limited use
18off-highway motorcycle on private property if the owner of the property has given
19consent for the operation and does not hold the property out to the public for use of
20off-highway motorcycles.
SB395,38,2421 (e) Paragraphs (b) 3. and (c) do not apply to the operation of a limited use
22off-highway motorcycle that is operated in racing on a public raceway facility or as
23part of a special public off-highway motorcycle event as authorized under sub. (10)
24(b).
SB395,39,7
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 on public land that requires treatment by a physician, the
4operator of each off-highway motorcycle involved in the accident shall give notice of
5the accident to a conservation warden or local law enforcement officer as soon as
6possible. Each operator shall also file a written report of the accident with the
7department on the form provided by it within 10 days after the accident.
SB395,39,108 (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.
SB395,39,15 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 trails and off-highway
15motorcycle routes under the jurisdiction of the department.
SB395,39,1916 (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.
SB395,39,2320 (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.
SB395,40,224 (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.
SB395,40,53 (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.
SB395,40,116 (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.
SB395,40,1712 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.
SB395,40,21 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
21motorcycles under subs. (4) (d), (e), and (h) 2. and (5) (e) in the previous fiscal year.
SB395,40,2522 (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:
SB395,41,1
11. Acquisition of an easement or land in fee simple.
SB395,41,32 2. An off-highway motorcycle facility such as a parking area, riding area,
3shelter, toilets, or other improvement.
SB395,41,54 3. Development of off-highway motorcycle routes or off-highway motorcycle
5trails.
SB395,41,96 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.
SB395,41,1210 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.
SB395,41,1313 6. Purchase of liability insurance.
SB395,41,1814 (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:
SB395,41,2019 1. The distance of a proposed off-highway project from a comparable existing
20project.
SB395,41,2221 2. The amount of interest demonstrated by a community in developing or
22maintaining an off-highway motorcycle project.
SB395,41,2423 3. The amount of support demonstrated by a local governmental unit in which
24the project will be located.
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