Amendment AA3-SB400

LRBa2146/1

MGG:cjs&nwn:rs

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 2009 SENATE BILL 400

April 14, 2010 - Offered by Representative Radcliffe.

SB400-AA3,1,1 At the locations indicated, amend the bill as follows:

SB400-AA3,1,2 1. Page 2, line 12: after that line insert:

SB400-AA3,1,3 " Section 3m. 23.33 (4) (a) of the statutes is amended to read:

SB400-AA3,1,9 23.33 (4) (a) Freeways. No person may operate an all-terrain vehicle upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle upon any part of any other freeway unless the department of transportation authorizes all-terrain vehicle use on that freeway. No person may operate an all-terrain vehicle with a snow removal device attached upon any part of any freeway under any circumstances.".

SB400-AA3,1,10 2. Page 2, line 16: after " (f)" insert "and sub. (11) (am) 2. to 5.".

SB400-AA3,1,11 3. Page 2, line 19: substitute "prohibited" for "provided".

SB400-AA3,1,12 4. Page 2, line 20: substitute "under" for "in".

SB400-AA3,2,2 5. Page 2, line 20: after "(a)," insert "and subject to ordinances enacted under sub. (11) (am) 2. to 5.".

SB400-AA3,2,3 6. Page 3, line 25: after that line insert:

SB400-AA3,2,4 " Section 6m. 23.33 (6) (h) of the statutes is created to read:

SB400-AA3,2,8 23.33 (6) (h) A person who operates an all-terrain vehicle with a snow removal device attached as authorized under s. 23.33 (4) (f) is required to display at least one or more flashing or rotating amber or yellow lights, and at least one of these lights shall be visible from every direction.".

SB400-AA3,2,9 7. Page 4, line 6: after that line insert:

SB400-AA3,2,11 " Section 7e. 23.33 (11) (am) of the statutes is renumbered 23.33 (11) (am) 1. and amended to read:

SB400-AA3,2,15 23.33 (11) (am) 1. Any county, town, city or village may enact an ordinance which 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, except as provided in subds. 2. to 5.

SB400-AA3, s. 7g Section 7g. 23.33 (11) (am) 2. of the statutes is created to read:

SB400-AA3,2,22 23.33 (11) (am) 2. For a roadway, or for a portion of a roadway, that is located within the territorial boundaries of a city or village, the city or village may enact an ordinance to prohibit all-terrain vehicles with snow removal devices attached from being operated on the roadway, or adjacent to the roadway if the applicable roadway speed limit is greater than 45 miles per hour and regardless of whether the city or village has jurisdiction over the roadway.

SB400-AA3, s. 7j Section 7j. 23.33 (11) (am) 3. of the statutes is created to read:

SB400-AA3,3,5 23.33 (11) (am) 3. For the roadway of a town highway, or for a portion of that roadway, the town having jurisdiction may enact an ordinance to prohibit all-terrain vehicles with snow removal devices attached from being operated on the roadway, or adjacent to the roadway, if the applicable roadway speed limit is greater than 45 miles per hour.

SB400-AA3, s. 7L Section 7L. 23.33 (11) (am) 4. of the statutes is created to read:

SB400-AA3,3,11 23.33 (11) (am) 4. For the roadway of a county highway, or for a portion of that roadway, the county having jurisdiction may enact an ordinance to prohibit all-terrain vehicles with snow removal devices attached from being operated on the roadway, or adjacent to the roadway, if the applicable roadway speed limit is greater than 45 miles per hour.

SB400-AA3, s. 7q Section 7q. 23.33 (11) (am) 5. of the statutes is created to read:

SB400-AA3,3,19 23.33 (11) (am) 5. For a roadway, or for a portion of a roadway, that is under the jurisdiction of the department of transportation and that is located within the territorial boundaries of a county, the county may enact an ordinance to prohibit all-terrain vehicles with snow removal devices attached from being operated on the roadway, or adjacent to the roadway if the applicable roadway speed limit is greater than 45 miles per hour and regardless of whether the county has jurisdiction over the roadway.

SB400-AA3, s. 7r Section 7r. 23.33 (12) (a) of the statutes is amended to read:

SB400-AA3,3,25 23.33 (12) (a) An officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), conservation warden appointed by the department under s. 23.10, county sheriff or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in conformity accordance with this section.

SB400-AA3, s. 7t Section 7t. 345.11 (1r) of the statutes is amended to read:

SB400-AA3,4,8 345.11 (1r) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances enacted in conformity accordance with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.".

SB400-AA3,4,9 8. Page 4, line 12: after that line insert:

SB400-AA3,4,10 " Section 8p. 938.343 (9) of the statutes is amended to read:

SB400-AA3,4,14 938.343 (9) All-terrain vehicle safety course. If the violation is one under s. 23.33 or under an ordinance enacted in conformity accordance with s. 23.33 concerning the use of all-terrain vehicles, order the juvenile to attend an all-terrain vehicle safety course.".

SB400-AA3,4,15 (End)