SB395: Bill Text

Under this bill, a person need not have an operator's license issued by DOT in order to operate an OHM off the highways and need not carry liability insurance on the OHM. With limited exceptions, a person riding on an OHM must wear a helmet when riding off the highways unless he or she is at least 18 years old.

OHM operation; age restrictions

Under this bill, a person under the age of 12 may not operate an OHM on a highway under any circumstance and may operate an OHM off a highway only if he or she is under continuous verbal direction or control of a parent or guardian or of an adult who has been designated by the parent or guardian. Also, under the bill, anyone who is at least 12 of age and who was born after January 1, 1998, must hold a valid safety certificate issued upon completion of the safety instruction program described below. These age restrictions do not apply to the operation of OHMs on private property if the property owner has given consent and does not hold out the property to the public for OHM use.

This bill requires DNR to establish a safety certification program on OHM laws and related subjects and to issue certificates to persons who successfully complete the program. These requirements are similar to the requirements that apply under current law concerning programs of instruction for operators of ATVs and UTVs.

No person who rents limited use OHMs to the public (OHM renter) may rent a limited use OHM to a person under 12 years of age. Also, an OHM renter may not rent a limited use OHM without first making sure that any person under the age of 18 who will be on the OHM has a motorcycle helmet that meets federal standards.

OHM safety grant program

This bill requires DNR to establish a program to award grants to organizations that promote the operation of OHM vehicles in a manner that is safe and responsible and that does not harm the environment. An organization that receives a grant under this program must use the grant moneys to promote and provide support to the safety certification program on OHM laws.

Off-highway motorcycle council

The bill creates the Off-Highway Motorcycle Council (council), consisting of five members who must be members of OHM clubs. The bill authorizes the council to make recommendations to DNR on matters relating to OHM trails and routes and on other matters relating to the operation of OHMs.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB395,1 Section 1. 15.09 (1) (a) of the statutes is amended to read:

SB395,4,5 15.09 (1) (a) Unless otherwise provided by law, the governor shall appoint the members of councils for terms prescribed by law. Except as provided in par. pars. (b) and (c), fixed terms shall expire on July 1 and shall, if the term is for an even number of years, expire in an odd-numbered year.

SB395,2 Section 2. 15.09 (1) (c) of the statutes is created to read:

SB395,4,8 15.09 (1) (c) The terms of the members of the off-highway motorcycle council shall expire on March 1.

SB395,3 Section 3. 15.347 (10) of the statutes is created to read:

SB395,4,12 15.347 (10) Off-highway motorcycle council. (a) There is created in the department of natural resources an off-highway motorcycle council consisting of 5 members who are appointed for 3-year terms expiring March 1.

SB395,5,3 (b) Each member of the off-highway motorcycle council shall be a resident of this state, shall be a member of and represent the interests of an off-highway motorcycle club, as defined in s. 23.335 (1) (r), and shall be knowledgeable about outdoor recreation issues in this state and about trails used by operators of off-highway motorcycles.

SB395,5,4 (c) The off-highway motorcycle council shall meet at least 3 times annually.

SB395,4 Section 4. 20.370 (1) (jb) of the statutes is created to read:

SB395,5,11 20.370 (1) (jb) Off-highway motorcycle administration. From the general fund, a sum sufficient in each fiscal year equal to the amount determined under s. 23.335 (20) (a) in that fiscal year for the purposes specified under 23.335 (20) (b) and (d), for issuing and renewing off-highway motorcycle registration under s. 23.335 (3), (4), and (5), for grants under the safety grant program under s. 23.335 (15), and for state and local law enforcement operations related to off-highway motorcycles.

SB395,5 Section 5. 20.370 (3) (ay) of the statutes is created to read:

SB395,5,15 20.370 (3) (ay) Off-highway motorcycle safety certification program. All moneys remitted to the department under s. 23.335 (14), for the off-highway motorcycle safety certification program under s. 23.335 (14).

SB395,6 Section 6. 23.09 (23) (a) of the statutes is amended to read:

SB395,5,20 23.09 (23) (a) In this subsection, "approval" means any type of approval or authorization issued by the department under ch. 29, subch. V. of ch. 30, or s. 23.33 (2), 23.335 (3) or (5), 27.01, or 350.12, including a license, permit, certificate, stamp, tag, registration, or vehicle admission receipt.

SB395,7 Section 7. 23.119 (1) (at) of the statutes is created to read:

SB395,5,23 23.119 (1) (at) "Off-highway motorcycle" has the meaning given in s. 23.335 (1) (q).

SB395,8 Section 8. 23.119 (1) (b) of the statutes is amended to read:

SB395,6,3 23.119 (1) (b) "Off-highway vehicle" means a motor-driven craft or vehicle principally manufactured for off-highway use but does not include a snowmobile, an all-terrain vehicle, or utility terrain vehicle, or an off-highway motorcycle.

SB395,9 Section 9. 23.179 of the statutes is created to read:

SB395,6,9 23.179 Off-highway motorcycle council. The off-highway motorcycle council may make recommendations to the department on matters relating to off-highway motorcycle corridors, as defined in s. 23.335 (1) (s), and off-highway motorcycle routes, as defined in s. 23.335 (1) (u), and on any other matters relating to the operation of off-highway motorcycles.

SB395,10 Section 10. 23.335 of the statutes is created to read:

SB395,6,11 23.335 Off-highway motorcycles. (1) Definitions. In this section:

SB395,6,12 (a) "Accompanied" has the meaning given in s. 23.33 (1) (a).

SB395,6,14 (b) "Agricultural purpose" includes a purpose related to the transportation of farm implements, equipment, supplies, or products on a farm or between farms.

SB395,6,15 (c) "Alcohol beverages" has the meaning specified under s. 125.02 (1).

SB395,6,16 (d) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

SB395,6,17 (dm) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).

SB395,6,18 (e) "All-terrain vehicle route" has the meaning given in s. 23.33 (1) (c).

SB395,6,19 (f) "All-terrain vehicle trail" has the meaning given in s. 23.33 (1) (d).

SB395,6,21 (g) "Approved public treatment facility" has the meaning specified under s. 51.45 (2) (c).

SB395,6,22 (gk) "Controlled substance" has the meaning given in s. 961.01 (4).

SB395,6,23 (gm) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

SB395,6,25 (h) "Electric personal assistive mobility device" has the meaning given in s. 340.01 (15pm).

SB395,7,6 (hm) "Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.

SB395,7,7 (i) "Highway" has the meaning given in s. 340.01 (22).

SB395,7,9 (j) "Immediate family" means persons who are related as spouses, who are related as siblings, or who are related as parent and child.

SB395,7,11 (k) "Intoxicant" means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, or other drug or any combination thereof.

SB395,7,14 (L) "Intoxicated operation of an off-highway motorcycle law" means sub. (12) (a) or (b) or a local ordinance in conformity therewith or, if the operation of an off-highway motorcycle is involved, s. 940.09 or 940.25.

SB395,7,15 (m) "Junked" means dismantled for parts or scrapped.

SB395,7,18 (n) "Law enforcement officer" means an officer of the state traffic patrol under s. 110.07 (1), an inspector under s. 110.07 (3), a conservation warden appointed by the department under s. 23.10, a county sheriff, or a municipal peace officer.

SB395,7,20 (o) "Limited use off-highway motorcycle" means an off-highway motorcycle that is not registered by the department of transportation for use on highways.

SB395,7,21 (p) "Local governmental unit" means a city, village, town, or county.

SB395,7,24 (q) "Off-highway motorcycle" means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway.

SB395,8,3 (qm) "Off-highway motorcycle association" means a club or other association consisting of individuals that promotes the recreational operation of off-highway motorcycles.

SB395,8,6 (r) "Off-highway motorcycle club" means a club consisting of individuals that promotes use of off-highway motorcycles for recreational purposes off the highways within this state.

SB395,8,10 (s) "Off-highway motorcycle corridor" means an off-highway motorcycle trail or other established off-highway motorcycle corridor that is open to the public for the operation of off-highway motorcycles for recreational purposes but does not include an off-highway motorcycle route.

SB395,8,12 (t) "Off-highway motorcycle dealer" means a person who is engaged in this state in the sale of off-highway motorcycles for a profit at retail.

SB395,8,15 (u) "Off-highway motorcycle route" means a highway or sidewalk designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

SB395,8,19 (v) "Off-highway motorcycle trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

SB395,8,21 (y) "Off the highways" means off-highway motorcycle corridors, off-highway motorcycle routes, and areas where operation is authorized under sub. (10) or (11).

SB395,8,24 (z) "Operate" means to exercise physical control over the speed or direction of an off-highway motorcycle or to physically manipulate or activate any of the controls of an off-highway motorcycle necessary to put it in motion.

SB395,9,3 (zb) "Operation" means the exercise of physical control over the speed or direction of an off-highway motorcycle or the physical manipulation or activation of any of the controls of an off-highway motorcycle necessary to put it in motion.

SB395,9,6 (zc) "Operator" means a person who operates an off-highway motorcycle, who is responsible for the operation of an off-highway motorcycle, or who is supervising the operation of an off-highway motorcycle.

SB395,9,9 (zd) "Owner" means a person who has lawful possession of an off-highway motorcycle by virtue of legal title or an equitable interest in the off-highway motorcycle which entitles the person to possession of the off-highway motorcycle.

SB395,9,12 (ze) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person's blood, breath, or urine.

SB395,9,14 (zf) "Refusal law" means sub. (12) (h) or a local ordinance in conformity therewith.

SB395,9,16 (zg) "Registration documentation" means an off-highway motorcycle registration certificate, a validated registration receipt, or a registration decal.

SB395,9,17 (zgm) "Restricted controlled substance" means any of the following:

SB395,9,19 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

SB395,9,21 2. A controlled substance analog of a controlled substance described in subd. 1.

SB395,9,22 3. Cocaine or any of its metabolites.

SB395,9,23 4. Methamphetamine.

SB395,9,24 5. Delta-9-tetrahydrocannabinol.

SB395,9,25 (zi) "Snowmobile" has the meaning given in s. 340.01 (58a).

SB395,10,1 (zj) "Snowmobile route" has the meaning given in s. 350.01 (16).

SB395,10,2 (zk) "Snowmobile trail" has the meaning given in s. 350.01 (17).

SB395,10,4 (zL) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).

SB395,10,5 (zLm) "Utility terrain vehicle" has the meaning given in s. 23.33 (1) (ng).

SB395,10,9 (zm) "Validated registration receipt" means a receipt issued by the department or an agent under sub. (4) (g) 1. a. that shows that an application and the required fees for a registration certificate have been submitted to the department or an agent appointed under sub. (4) (f) 2.

SB395,10,15 (2) Registration. (a) Requirement. No person may operate an off-highway motorcycle, and no owner may give permission for the operation of an off-highway motorcycle, off the highways unless the off-highway motorcycle is registered with the department under this section or is exempt from registration or the person operating the off-highway motorcycle holds a registration receipt provided by an off-highway motorcycle dealer under sub. (3) (b).

SB395,10,17 (b) Exemptions. An off-highway motorcycle is exempt from the registration requirement under par. (a) if any of the following applies:

SB395,10,19 1. The off-highway motorcycle is covered by a valid registration of a federally recognized American Indian tribe or band, and all of the following apply:

SB395,10,21 a. The registration program of the tribe or band is covered by an agreement under s. 23.35.

SB395,10,23 b. The off-highway motorcycle displays the registration decal required by the tribe or band.

SB395,10,25 2. The off-highway motorcycle displays a plate or sign attached in the manner authorized under sub. (5) (c).

SB395,11,3 3. The off-highway motorcycle will be operated exclusively in racing on a raceway facility or as part of a special off-highway motorcycle event as authorized under sub. (10) (b).