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.
SB395,42,2
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.
SB395,42,53 (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.
SB395,42,86 (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.
SB395,42,12 9(21) Local ordinances. (a) Any local governmental unit may enact an
10ordinance that is in strict conformity with this section and rules promulgated by the
11department under this section, if the ordinance encompasses all aspects
12encompassed by this section.
SB395,42,1913 (am) A county, city, village, or town may enact an ordinance to authorize the
14operation of limited use off-highway motorcycles on a highway bridge that is not part
15of the national system of interstate and defense highways, that is 1,000 feet in length
16or less, and that is located within the territorial boundaries of the county, city, village,
17or town regardless of whether the county, city, village, or town has jurisdiction over
18the highway. Any such ordinance shall require a person crossing a bridge to do all
19of the following:
SB395,42,2120 1. Cross the bridge in the most direct manner practicable and at a place where
21no obstruction prevents a quick and safe crossing.
SB395,42,2222 2. Stay as far to the right of the roadway or shoulder as practicable.
SB395,42,2323 3. Stop the vehicle prior to the crossing.
SB395,42,2524 4. Yield the right-of-way to other vehicles, pedestrians, and electric personal
25assistive mobility devices using the roadway or shoulder.
SB395,43,2
15. Exit the highway as quickly and safely as practicable after crossing the
2bridge.
SB395,43,73 (b) If a local governmental unit enacts an ordinance regulating off-highway
4motorcycles, its clerk shall immediately send a copy of the ordinance to the
5department, to the state traffic patrol, and to the office of any law enforcement
6agency of each local governmental unit having jurisdiction over any of the highways
7to which the ordinance applies.
SB395,43,10 8(22) Enforcement. (a) A law enforcement officer has the authority and
9jurisdiction to enforce this section and ordinances enacted in accordance with this
10section.
SB395,43,1211 (b) No operator of an off-highway motorcycle may refuse to stop after being
12requested or signaled to do so by a law enforcement officer.
SB395,43,14 13(23) Penalties. (a) Generally. Except as provided in pars. (b) to (f), any person
14who violates this section shall forfeit not more than $250.
SB395,43,1615 (b) Penalty related to nonresident trail passes. Any person who violates sub.
16(6) (a) shall forfeit not more than $1,000.
SB395,43,1917 (c) Penalties related to intoxicated operation. 1. Except as provided under
18subds. 2., 3., and 4., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit
19not less than $150 nor more than $300.
SB395,43,2420 2. Except as provided under subds. 3. and 4., a person who violates sub. (12)
21(a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current
22violation, was convicted previously under the intoxicated operation of an
23off-highway motorcycle law shall be fined not less than $300 nor more than $1,100
24and shall be imprisoned not less than 5 days nor more than 6 months.
SB395,44,6
13. Except as provided in subd. 4., a person who violates sub. (12) (a) 1., 2., or
22m. or (h) and who, within 5 years prior to the arrest for the current violation, was
3convicted 2 or more times previously under the intoxicated operation of an
4off-highway motorcycle law shall be fined not less than $600 nor more than $2,000
5and shall be imprisoned not less than 30 days nor more than one year in the county
6jail.
SB395,44,87 4. A person who violates sub. (12) (a) 3. or (h) and who has not attained the age
8of 21 shall forfeit not more than $50.
SB395,44,119 (d) Penalty related to causing injury; intoxicants. A person who violates sub.
10(12) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned
11not less than 30 days nor more than one year in the county jail.
SB395,44,1512 (e) Penalty related to interference with signs and standards. Except as provided
13in par. (f), a person who violates sub. (19) (f) and who, within the last 2 years prior
14to the arrest for the current violation, was 2 or more times previously convicted for
15violating a provision of this chapter shall forfeit not more than $500.
SB395,44,1816 (f) Penalties related to causing death or injury; interference with signs and
17standards.
A person who violates sub. (19) (f) 1. is guilty of a Class H felony if the
18violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.
SB395,44,2119 (g) Calculation of previous convictions. In determining the number of previous
20convictions under pars. (c) 2. and 3. and (e), convictions arising out of the same
21incident or occurrence shall be counted as one previous conviction.
SB395,45,222 (h) Reporting convictions to the department. Whenever a person is convicted
23of a violation of the intoxicated operation of an off-highway motorcycle law, the clerk
24of the court in which the conviction occurred, or the justice, judge, or magistrate of
25a court not having a clerk, shall forward to the department the record of such

1conviction. The record of conviction forwarded to the department shall state whether
2the offender was involved in an accident at the time of the offense.
SB395,45,83 (i) Intoxicants; assessment. In addition to any other penalty or order, a person
4who violates sub. (12) (a), (b), or (h) shall be ordered by the court to submit to and
5comply with an assessment by an approved public treatment facility for an
6examination of the person's use of an intoxicant. The assessment order shall comply
7with s. 343.30 (1q) (c) 1. Intentional failure to comply with an assessment ordered
8under this paragraph constitutes contempt of court, punishable under ch. 785.
SB395,45,139 (j) Restoration or replacement of signs and standards. In addition to any other
10penalty, the court may order the defendant to restore or replace any uniform
11off-highway motorcycle route sign or standard, or any uniform off-highway
12motorcycle trail sign or standard, that the defendant removed, damaged, defaced,
13moved, or obstructed.
SB395,11 14Section 11. 23.35 (1) (intro.) of the statutes is amended to read:
SB395,45,2115 23.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a
16federally recognized American Indian tribe or band in this state to exempt, from the
17registration and certification requirements of this state, boats, snowmobiles,
18all-terrain vehicles, and utility terrain vehicles , and off-highway motorcycles that
19are owned by tribal or band members and registered under a registration program
20established by the tribe or band if the tribe or band requests the agreement and if
21the registration program does all of the following:
SB395,12 22Section 12. 23.35 (1) (a) of the statutes is amended to read:
SB395,45,2523 23.35 (1) (a) Requires that boats, snowmobiles, all-terrain vehicles, and utility
24terrain vehicles, and off-highway motorcycles display decals or identification
25numbers showing valid registration by the tribe or band.
SB395,13
1Section 13. 23.35 (1) (b) of the statutes is amended to read:
SB395,46,62 23.35 (1) (b) Employs registration decals and certificates of number that are
3substantially similar to those employed by the registration or certification programs
4of this state with regard to size, legibility, information content and placement on the
5boat, snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway
6motorcycle
.
SB395,14 7Section 14. 23.35 (1) (e) of the statutes is amended to read:
SB395,46,218 23.35 (1) (e) Provides reciprocal exemptions, from the tribe's or band's
9registration requirements, for boats, snowmobiles, all-terrain vehicles, and utility
10terrain vehicles, and off-highway motorcycles that are registered or certified by this
11state that are substantially as favorable as the exemptions enjoyed by the tribe or
12the band under the agreement. In this paragraph, "reciprocal exemption" means an
13exemption under the agreement that exempts from a tribe's or band's registration
14requirements, for operation within the boundaries of the tribe's or band's
15reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle, or
16off-highway motorcycle
that is owned by a person who is not a member of the tribe
17or band and that is registered or certified by this state to the same extent that the
18agreement exempts from state registration and certification requirements, for the
19operation outside the boundaries of the tribe's or band's reservation, a boat,
20snowmobile, all-terrain vehicle, or utility terrain vehicle, or off-highway motorcycle
21that is registered by the tribe or band.
SB395,15 22Section 15. 23.35 (2) of the statutes is amended to read:
SB395,46,2523 23.35 (2) An agreement entered into under sub. (1) may cover a registration
24program for boats, snowmobiles, all-terrain vehicles, or utility terrain vehicles, or
25off-highway motorcycles,
or any combination thereof.
SB395,16
1Section 16. 23.45 (1) (d) of the statutes is amended to read:
SB395,47,42 23.45 (1) (d) "Registration" means any registration documentation, as defined
3in s. 23.33 (1) (jn), 23.335 (1) (zg), or s. 350.01 (10t), or certification or registration
4documentation, as defined in s. 30.50 (3b), issued by the department or its agents.
SB395,17 5Section 17. 23.50 (1) of the statutes is amended to read:
SB395,47,176 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
7court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
8for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
9283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2),
10subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
11administrative rules promulgated thereunder, violations specified under s. 280.98
12(2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s.
13281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal,
14violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
15violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
16enacted by any local authority in accordance with s. 23.33 (11) (am) , 23.335 (21) (a),
17or 30.77.
SB395,18 18Section 18. 23.50 (3) of the statutes is amended to read:
SB395,48,219 23.50 (3) All actions in municipal court to recover forfeitures, plus costs, fees,
20and surcharges imposed under ch. 814, for violations of local ordinances enacted by
21any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77
22shall utilize the procedure in ch. 800. The actions shall be brought before the
23municipal court having jurisdiction. Provisions relating to citations, arrests,
24questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51

1(1m), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to
2violations of such ordinances.
SB395,19 3Section 19. 23.53 (1) of the statutes is amended to read:
SB395,48,154 23.53 (1) The citation created under this section shall, in all actions to recover
5forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of
6those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
7thereunder, and any rule of the Kickapoo reserve management board under s. 41.41
8(7) (k) be used by any law enforcement officer with authority to enforce those laws,
9except that the uniform traffic citation created under s. 345.11 may be used by a
10traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law
11enforcement agency of a municipality or county or a traffic officer employed under
12s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall
13not be used for violations of ch. 350 relating to highway use. The citation may be used
14for violations of local ordinances enacted by any local authority in accordance with
15s. 23.33 (11) (am), 23.335 (21) (a), or 30.77.
SB395,20 16Section 20. 23.56 (1) of the statutes is amended to read:
SB395,48,2317 23.56 (1) A person may be arrested for a violation of those statutes enumerated
18in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the
19Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances
20enacted by any local authority in accordance with s. 23.33 (11) (am) , 23.335 (21) (a),
21or 30.77, after a warrant that substantially complies with s. 968.04 has been issued.
22Except as provided in sub. (2), the person arrested shall be brought without
23unreasonable delay before a court having jurisdiction to try the action.
SB395,21 24Section 21. 23.57 (1) (intro.) of the statutes is amended to read:
SB395,49,6
123.57 (1) (intro.) A person may be arrested without a warrant when the
2arresting officer has probable cause to believe that the person is committing or has
3committed a violation of those statutes enumerated in s. 23.50 (1), any
4administrative rules promulgated thereunder, any rule of the Kickapoo reserve
5management board under s. 41.41 (7) (k), or any local ordinances enacted by any local
6authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77; and:
SB395,22 7Section 22. 23.58 of the statutes is amended to read:
SB395,49,19 823.58 Temporary questioning without arrest. After having identified
9himself or herself as an enforcing officer, an enforcing officer may stop a person in
10a public place for a reasonable period of time when the officer reasonably suspects
11that such person is committing, is about to commit or has committed a violation of
12those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
13thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7)
14(k), or any local ordinances enacted by any local authority in accordance with s. 23.33
15(11) (am), 23.335 (21) (a), or 30.77. Such a stop may be made only where the enforcing
16officer has proper authority to make an arrest for such a violation. The officer may
17demand the name and address of the person and an explanation of the person's
18conduct. Such detention and temporary questioning shall be conducted in the
19vicinity where the person was stopped.
SB395,23 20Section 23. 23.62 (1) (intro.) of the statutes is amended to read:
SB395,50,221 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe
22that a person subject to his or her authority is committing or has committed a
23violation of those statutes enumerated in s. 23.50 (1), any administrative rules
24promulgated thereunder, any rule of the Kickapoo reserve management board under
25s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance

1with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77, the officer may proceed in the
2following manner:
SB395,24 3Section 24. 25.29 (1) (a) of the statutes is amended to read:
SB395,50,94 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing
5to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350,
6subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325, 23.33, 23.335, except as
7provided 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
8(5), 71.30 (10), and 90.21, including grants received from the federal government or
9any of its agencies except as otherwise provided by law.
SB395,25 10Section 25. 25.40 (1) (bt) of the statutes is created to read:
SB395,50,1211 25.40 (1) (bt) Moneys received by the department of natural resources under
12s. 23.335 (4) (d), (e), and (h) 2. and (5) (e).
SB395,26 13Section 26. 30.26 (4) (title) of the statutes is amended to read:
SB395,50,1514 30.26 (4) (title) Snowmobiles, all-terrain vehicles, and utility terrain
15vehicles
, and off-highway motorcycles.
SB395,27 16Section 27. 30.26 (4) (a) (intro.) of the statutes is amended to read:
SB395,50,2217 30.26 (4) (a) (intro.) The department may not prohibit the crossing of a bridge
18over a wild river by an all-terrain vehicle or utility terrain vehicle traveling on an
19all-terrain vehicle trail, as defined under s. 23.33 (1) (d), by an off-highway
20motorcycle traveling on an off-highway motorcycle trail designated under sub. (19)
21(b),
or by a snowmobile traveling on a snowmobile trail, as defined under s. 350.01
22(17) that is constructed in any of the following locations:
SB395,28 23Section 28. 30.26 (4) (b) of the statutes is amended to read:
SB395,51,224 30.26 (4) (b) The state shall permit all-terrain vehicles, utility terrain vehicles,
25off-highway motorcycles, and snowmobiles to travel in a corridor across any state

1land that separates an all-terrain vehicle trail, an off-highway motorcycle trail, or
2a snowmobile trail and the bridges constructed at the locations listed under par. (a).
SB395,29 3Section 29. 30.29 (1) (b) of the statutes is amended to read:
SB395,51,64 30.29 (1) (b) "Motor vehicle" includes a utility terrain vehicle, as defined in s.
523.33 (1) (ng), and an all-terrain vehicle, as defined in s. 340.01 (2g), and an
6off-highway motorcycle, as defined in s. 23.335 (1) (q)
.
SB395,30 7Section 30. 46.03 (18) (f) of the statutes is amended to read:
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