SB395: Bill Text

SB395,38,16 (c) No person may operate a limited use off-highway motorcycle unless the limited use off-highway motorcycle is constructed in such a manner that noise emitted from the limited use off-highway motorcycle does not exceed 96 decibels on the A scale as measured in the manner required under rules promulgated by the department.

SB395,38,20 (d) Paragraphs (a) to (c) do not apply to the operation of a limited use off-highway motorcycle on private property if the owner of the property has given consent for the operation and does not hold the property out to the public for use of off-highway motorcycles.

SB395,38,24 (e) Paragraphs (b) 3. and (c) do not apply to the operation of a limited use off-highway motorcycle that is operated in racing on a public raceway facility or as part of a special public off-highway motorcycle event as authorized under sub. (10) (b).

SB395,39,7 (18) Accidents. (a) If an operator of an off-highway motorcycle is involved in an accident that occurs off a highway and that results in the death of any person or in the injury of any person on public land that requires treatment by a physician, the operator of each off-highway motorcycle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible. Each operator shall also file a written report of the accident with the department on the form provided by it within 10 days after the accident.

SB395,39,10 (b) If an operator of an off-highway motorcycle is physically incapable of making the report required under par. (a) and there was another witness to the accident capable of making the report, the witness may make the report.

SB395,39,15 (19) Trails and routes. (a) Department authority. The department shall encourage, develop, and supervise a system of off-highway motorcycle trails and off-highway motorcycle routes. The department may establish standards and procedures for designating off-highway motorcycle trails and off-highway motorcycle routes under the jurisdiction of the department.

SB395,39,19 (b) Trails. A local governmental unit or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements, or permission, for recreational use as off-highway motorcycle trails. A designation may include all or a portion of an all-terrain vehicle trail.

SB395,39,23 (c) Routes. A local governmental unit may designate highways as off-highway motorcycle routes. No state trunk highway or connecting highway may be designated as an off-highway motorcycle route unless the department of transportation approves the designation.

SB395,40,2 (d) Restrictions. The designating local governmental unit may specify effective periods for the use of off-highway motorcycle trails and off-highway motorcycle routes and may restrict or prohibit the operation of off-highway motorcycles during certain periods of the year.

SB395,40,5 (e) Signs. The department, in cooperation with the department of transportation, shall establish uniform signs and standards for off-highway motorcycle routes and off-highway motorcycle trails.

SB395,40,11 (f) Interference with signs and standards prohibited. 1. No person may intentionally remove, damage, deface, move, obstruct, or interfere with the effective operation of any uniform off-highway motorcycle route sign or standard or any uniform off-highway motorcycle trail sign or standard if the sign or standard is legally placed by the state, any local governmental unit, or any authorized individual.

SB395,40,17 2. No person may possess any uniform off-highway motorcycle route sign or standard or any uniform off-highway motorcycle trail sign or standard of the type established by the department for the warning, instruction, or information of the public unless he or she obtained the uniform sign or standard in a lawful manner. Possession of a uniform sign or standard creates a rebuttable presumption of illegal possession.

SB395,40,21 (20) Enforcement activities and projects; funding. (a) Calculation of registration fees. Before January 1 of each fiscal year, the department shall determine the total amount of fees received from the registration of off-highway motorcycles under subs. (4) (d), (e), and (h) 2. and (5) (e) in the previous fiscal year.

SB395,40,25 (b) Off-highway motorcycle projects. The department may use funding from the appropriation under s. 20.370 (1) (jb) for off-highway motorcycle projects that are undertaken by the state or by local governmental units. Any of the following types of off-highway motorcycle projects are eligible for funding:

SB395,41,1 1. Acquisition of an easement or land in fee simple.

SB395,41,3 2. An off-highway motorcycle facility such as a parking area, riding area, shelter, toilets, or other improvement.

SB395,41,5 3. Development of off-highway motorcycle routes or off-highway motorcycle trails.

SB395,41,9 4. Development or maintenance of an all-terrain vehicle trail, all-terrain vehicle route, or all-terrain vehicle facility or a snowmobile trail, snowmobile route, or snowmobile facility, if the trail, route, or facility is open for use by off-highway motorcycles.

SB395,41,12 5. Maintenance of off-highway motorcycle trails and off-highway motorcycle routes, including routes on roadways that are not maintained or only minimally maintained for motor vehicle traffic on a seasonal basis.

SB395,41,13 6. Purchase of liability insurance.

SB395,41,18 (c) Priorities. In providing funding for the types of projects listed in par. (b), the department shall give higher overall priority to projects for facilities and trails that are open only for use by off-highway motorcycles. In determining which off-highway motorcycle projects will be provided funding, the department shall consider all of the following:

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: