Wisconsin Legislature: AB369,12,12

AB369,8,1717 4. Methamphetamine.

AB369,8,1818 5. Delta-9-tetrahydrocannabinol.

AB369,8,1919 (q) "Roadway" has the meaning given in s. 340.01 (54).

AB369,8,2020 (r) "Snowmobile" has the meaning given in s. 340.01 (58a).

AB369,8,2221 (rm) "Test facility" means a test facility or agency prepared to administer tests
22under s. 343.305 (2).

AB369,8,2323 (s) "Utility terrain vehicle" has the meaning given in s. 23.33 (1) (ng).

AB369,9,4 24(2) Registration. (a) Requirement. No person may operate, and no owner may
25give another person permission to operate, an off-highway vehicle on an

1off-highway vehicle trail unless the off-highway vehicle is registered with the
2department under this subsection or sub. (2g) or is exempt from registration with the
3department under this subsection. No person under the age of 18 may register an
4off-highway vehicle under this subsection.

AB369,9,65 (b) Exemptions. An off-highway vehicle is exempt from registration under this
6subsection if any of the following applies:

AB369,9,87 1. It is owned by this state or a political subdivision of this state and used for
8enforcement or emergency purposes.

AB369,9,109 2. It is owned or operated under contract with a utility and operated for the
10purpose of utility work.

AB369,9,1211 3. It is owned by the United States, another state, or a political subdivision of
12that state.

AB369,9,1413 (c) Registration; Class A; fee. The fee for issuance or renewal of a registration
14certificate for a Class A off-highway vehicle is $50.

AB369,9,1615 (d) Registration; Class B; fee. The fee for issuance or renewal of a registration
16certificate for a Class B off-highway vehicle is $100.

AB369,9,2217 (e) Registration; commercial owner; fee. 1. A person who is a Class B
18off-highway vehicle manufacturer, Class B off-highway vehicle dealer, Class B
19off-highway vehicle distributor, or Class B off-highway vehicle renter or any
20combination thereof engaged in business in this state shall register with the
21department and obtain from the department a commercial off-highway vehicle
22certificate.

AB369,9,2523 2. The fee for the issuance or renewal of a commercial off-highway vehicle
24certificate is $50 except that the fee for the issuance or renewal of a commercial
25off-highway vehicle certificate to an off-highway vehicle manufacturer is $150.

AB369,10,3

1(f) Other fees. The fee for the issuance of a duplicate off-highway vehicle
2registration certificate or decal and the fee for transfer of an off-highway vehicle
3registration certificate is $5.

AB369,10,54 (g) Effective period. An off-highway vehicle registration certificate is valid for
5one year.

AB369,10,86 (h) Registration; issuers. For the issuance of original or duplicate registration
7documentation and for the transfer or renewal of registration documentation, the
8department may do any of the following:

AB369,10,109 1. Directly issue, transfer, or renew the registration documentation with or
10without using the procedures specified in par. (j) 1.

AB369,10,1311 2. Appoint persons, who are not employees of the department, as agents of the
12department to issue, transfer, or renew the registration documentation using either
13or both of the procedures specified in par. (j) 1.

AB369,10,1714 (i) Registration; required information. The department may not issue a
15registration certificate under this subsection for an off-highway vehicle unless the
16application for the registration certificate includes the name and address of every
17owner of the off-highway vehicle.

AB369,10,21 18(j) Registration; methods of issuance. 1. For the issuance of original or
19duplicate registration documentation and for the transfer or renewal of registration
20documentation, the department may implement either or both of the following
21procedures:

AB369,10,2522 a. A procedure under which the department or an agent appointed under par.
23(h) 2. accepts applications for registration documentation and issues a validated
24registration receipt at the time the applicant submits the application accompanied
25by the required fees.

AB369,11,4

1b. A procedure under which the department or an agent appointed under par.
2(h) 2. may accept applications for registration documentation and issue to each
3applicant all or some of the items of the registration documentation at the time the
4applicant submits the application accompanied by the required fees.

AB369,11,125 2. Under either procedure under subd. 1., the applicant shall receive any
6remaining items of registration documentation directly from the department at a
7later date. The items of registration documentation issued at the time of the
8submittal of the application under either procedure shall be sufficient to allow the
9off-highway vehicle for which the application is submitted to be operated in
10compliance with the registration requirements under this subsection. The items of
11registration documentation issued under subd. 1. b. shall include at least one
12registration decal.

AB369,11,16 13(k) Registration; supplemental fees. 1. In addition to the applicable fee under
14par. (c), (d), or (f), each agent appointed under par. (h) 2. shall collect a service fee of
15$3 each time the agent issues a validated registration receipt under par. (j) 1. a. The
16agent shall retain the entire amount of each service fee the agent collects.

AB369,11,2017 2. In addition to the applicable fee under par. (c), (d), or (f), the department or
18the agent appointed under par. (h) 2. shall collect a service fee of $5 each time the
19procedure under par. (j) 1. b. is provided. The agent shall remit to the department
20$1 of each service fee the agent collects.

AB369,12,221 (L) Display. A person who is issued a registration decal under par. (j) shall affix
22the decal to the registered off-highway vehicle in such a manner that it may not be
23removed. The registration decal shall be displayed on the windshield of a registered
24Class A off-highway vehicle on the upper right passenger side. The registration

1decal shall be displayed within 2 inches of the right rear brake light on a registered
2Class B off-highway vehicle.

AB369,12,43 (m) Rules. The department may establish by rule additional procedures and
4requirements for off-highway vehicle registration.

AB369,12,12 5(2g) Lac du Flambeau band and Mole Lake band registration programs. (a)
6Authorization for issuance. The Lac du Flambeau band and the Mole Lake band may
7issue registration certificates for off-highway vehicles that are equivalent to the
8registration certificates for off-highway vehicles that are issued by the department.
9The Lac du Flambeau band and the Mole Lake band may renew and transfer a
10registration certificate that the respective band or the department has issued. The
11Lac du Flambeau band and the Mole Lake band may issue duplicates of only those
12registration certificates that the respective band issues under this subsection.

AB369,12,1913 (b) Requirements for issuance; fees; effective periods. 1. For issuing or renewing
14a registration certificate under this subsection, the Lac du Flambeau band and the
15Mole Lake band shall collect the same fee that would be collected for the equivalent
16registration certificate under sub. (2) (a). For transferring a registration certificate
17or issuing a duplicate registration certificate under this subsection, the Lac du
18Flambeau band and the Mole Lake band shall collect the same fee that would be
19collected for the equivalent service under sub. (2) (f).

AB369,12,2220 2. The Lac du Flambeau band and the Mole Lake band may not issue, renew,
21or otherwise process registration certificates under this subsection in conjunction
22with discount coupons or as part of a promotion or other merchandising offer.

AB369,12,2523 3. For a registration certificate issued, transferred, or renewed under this
24subsection, the effective period shall be the same as it would be for the equivalent
25registration certificate under sub. (2) (g).

AB369,13,4

14. The Lac du Flambeau band and the Mole Lake band may issue, renew, or
2otherwise process registration certificates under this subsection only to applicants
3who appear in person on the Lac du Flambeau reservation or the Mole Lake
4reservation, respectively.

AB369,13,85 (c) Requirements for registration applications and decals. 1. The Lac du
6Flambeau band and the Mole Lake band shall use registration applications and
7registration certificates that are substantially similar to those under sub. (2) with
8regard to length, legibility, and information content.

AB369,13,119 2. The Lac du Flambeau band and the Mole Lake band shall use registration
10decals that are substantially similar to those under sub. (2) with regard to color, size,
11legibility, information content, and placement on the off-highway vehicle.

AB369,13,1412 3. The Lac du Flambeau band and the Mole Lake band shall use a sequential
13numbering system that includes a series of letters or initials that identify the Lac du
14Flambeau band or the Mole Lake band, respectively, as the issuing authority.

AB369,13,1915 (d) Registration information. The Lac du Flambeau band and the Mole Lake
16band shall provide registration information to the state by establishing a 24-hour
17per day data retrieval system, consisting of either a law enforcement agency with
1824-hour per day staffing or a computerized data retrieval system to which law
19enforcement officials of this state have access at all times.

AB369,13,2520 (e) Reports; records; tax collection. 1. Before June 1 annually, the Lac du
21Flambeau band and the Mole Lake band shall each submit a report to the
22department notifying it of the number of each type of registration certificate that the
23Lac du Flambeau band and the Mole Lake band, respectively, issued, transferred, or
24renewed, for the period beginning on April 1 of the previous year and ending on
25March 31 of the year in which the report is submitted.

AB369,14,5

12. For law enforcement purposes, the Lac du Flambeau band and the Mole Lake
2band shall each make available for inspection by the department during normal
3business hours the Lac du Flambeau band's and the Mole Lake band's respective
4records of all registration certificates issued, renewed, or otherwise processed under
5this subsection, including copies of all applications made for certificates.

AB369,14,96 3. The Lac du Flambeau band and the Mole Lake band shall ensure that the
7record of each registration certificate issued, renewed, or otherwise processed under
8this subsection, including a copy of each application made, is retained for at least 2
9years after the date of expiration of the certificate.

AB369,14,1510 4. The Lac du Flambeau band and the Mole Lake band shall collect the sales
11and use taxes due under s. 77.61 (1) on any off-highway vehicle registered under this
12subsection and make the report in respect to those taxes. On or before the 15th day
13of each month, the Lac du Flambeau band and the Mole Lake band shall pay to the
14department of revenue all taxes that the Lac du Flambeau band and the Mole Lake
15band, respectively, collected in the previous month.

AB369,14,22 16(3) Duties of the off-highway vehicle council. (a) The department shall
17distribute any rule that it is proposing and that affects the operation of off-highway
18vehicles to each member of the off-highway vehicle council for his or her review and
19comment at least 20 days before the notice stating that the proposed rule is in final
20draft form and is submitted to the legislature in the manner provided under s. 227.19
21(2). A member of the off-highway vehicle council may submit his or her written
22comments on the proposed rule to the department.

AB369,15,223 (b) 1. Before June 30 of each even-numbered year, the department shall consult
24with the off-highway vehicle council on the proposed changes for the succeeding

1biennium in the appropriations and laws that affect off-highway vehicles or the
2operation of off-highway vehicles.

AB369,15,53 2. A member of the off-highway vehicle council may submit before August 1 of
4the even-numbered year his or her written comments on the proposed changes
5specified in subd. 1. to the secretary of natural resources.

AB369,15,96 (c) The secretary of natural resources shall submit the written comments that
7the secretary receives under par. (b) 2. to the natural resources board and to the
8secretary of administration with the department's submission of its budget report
9under s. 16.42.

AB369,15,1510 (d) Before March 1 of each odd-numbered year, the off-highway vehicle council
11shall meet and review the provisions that are included in the executive budget bill
12or bills that affect off-highway vehicles or the operation of off-highway vehicles. A
13member of the off-highway vehicle council may submit his or her written comments
14on these provisions to the secretary of natural resources before March 10 of each
15odd-numbered year.

AB369,15,1916 (e) The secretary of natural resources shall submit the written comments that
17he or she receives under par. (b) 2. or (d) before March 10 of the odd-numbered year
18to the cochairpersons of the joint committee on finance before March 15 of that
19odd-numbered year.

AB369,15,22 20(4) Operation of off-highway vehicles. (a) Operator's license required. No
21person may operate an off-highway vehicle unless the person possesses a valid
22operator's license issued under ch. 343.

AB369,15,2523 (b) General restrictions. No person may operate a Class B off-highway vehicle,
24and no person may operate a Class A off-highway vehicle that is not registered under
25ch. 341, in the following manner:

AB369,16,2

11. On public property except on an off-highway vehicle trail that is posted as
2open to the operation of off-highway vehicles.

AB369,16,43 2. On the private property of another without the consent of the owner or lessee.
4Failure to post private property does not imply consent for off-highway vehicle use.

AB369,16,55 3. In any careless way so as to endanger the person or property of another.

AB369,16,86 4. On Indian lands without the consent of the tribal governing body or Indian
7owner. Failure to post Indian lands does not imply consent for off-highway vehicle
8use.

AB369,16,109 5. With any crossbow in his or her possession unless the crossbow is not cocked
10or is unloaded and enclosed in a carrying case.

AB369,16,1211 6. With any bow in his or her possession unless the bow does not have an arrow
12nocked.

AB369,16,1613 7. With any firearm in his or her possession unless the firearm is unloaded or
14is a handgun, as defined in s. 175.60 (1) (bm). This subdivision does not apply to a
15firearm that is placed or possessed on an off-highway vehicle that is stationary, as
16defined in s. 167.31 (1) (fg).

AB369,16,1817 8. To drive or pursue any animal except as part of normal farming operations
18involving the driving of livestock.

AB369,16,1919 9. In a manner that violates rules promulgated by the department.

AB369,16,2220 (c) Restrictions on public land; department requirements. 1. The department
21shall establish seasons during which a person may operate an off-highway vehicle
22on designated trails in state forest lands.

AB369,17,223 2. On or before the first day of the 7th month beginning after the effective date
24of this subdivision .... [LRB inserts date], the department shall prepare maps that
25identify each off-highway vehicle trail in this state. The department shall update

1the maps at least annually and shall make them available to the public on the
2department's Internet site.

AB369,17,43 (d) Operation on roadway. A person may operate a Class B off-highway vehicle
4on the roadway portion of any highway only in the following situations:

AB369,17,105 1. To cross a roadway. The crossing of a roadway is authorized only if the
6crossing is done in the most direct manner practicable, if the crossing is made at a
7place where no obstruction prevents a quick and safe crossing, and if the operator
8stops the off-highway vehicle prior to the crossing and yields the right-of-way to
9other vehicles, pedestrians, and electric personal assistive mobility devices using the
10roadway.

AB369,17,1411 2. On any roadway that is seasonally not maintained for motor vehicle traffic.
12Operation of an off-highway vehicle on this type of roadway is authorized only
13during the seasons when no maintenance occurs and only if the roadway is not
14officially closed to off-highway vehicle traffic.

AB369,17,2115 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge,
16culvert, or railroad right-of-way is not authorized if the roadway is officially closed
17to off-highway vehicle traffic. The crossing is authorized only if the crossing is done
18in the most direct manner practicable, if the crossing is made at a place where no
19obstruction prevents a quick and safe crossing, and if the operator stops the vehicle
20prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and
21electric personal assistive mobility devices using the roadway.

AB369,17,2222 4. On roadways of highways that are off-highway vehicle trails.

AB369,17,25 23(4c) Intoxicated operation of an off-highway vehicle. (a) Operation. 1. No
24person may operate an off-highway vehicle while under the influence of an
25intoxicant.

AB369,18,2

12. No person may operate an off-highway vehicle while the person has an
2alcohol concentration above 0.0.

AB369,18,43 3. No person may operate an off-highway vehicle while the person has a
4detectable amount of a restricted controlled substance in his or her blood.

AB369,18,125 4. A person may be charged with and a prosecutor may proceed upon a
6complaint based upon a violation of any combination of subd. 1., 2., or 3. for acts
7arising out of the same incident or occurrence. If the person is charged with violating
8any combination of subd. 1., 2., or 3., the offenses shall be joined. If the person is
9found guilty of any combination of subd. 1., 2., or 3. for acts arising out of the same
10incident or occurrence, there shall be a single conviction for purposes of sentencing.
11Subdivisions 1., 2., and 3. each require proof of a fact for conviction that the others
12do not require.

AB369,18,1913 5. In an action under subd. 3. that is based on the defendant allegedly having
14a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or
15delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
16or she proves by a preponderance of the evidence that at the time of the incident or
17occurrence he or she had a valid prescription for methamphetamine or one of its
18metabolic precursors, gamma-hydroxybutyric acid, or
19delta-9-tetrahydrocannabinol.

AB369,18,2120 (b) Causing injury. 1. No person while under the influence of an intoxicant may
21cause injury to another person by the operation of an off-highway vehicle.

AB369,18,2322 2. No person who has an alcohol concentration above 0.0 may cause injury to
23another person by the operation of an off-highway vehicle.

AB369,19,3

13. No person who has a detectable amount of a restricted controlled substance
2in his or her blood may cause injury to another person by the operation of an
3off-highway vehicle.

AB369,19,124 4. A person may be charged with and a prosecutor may proceed upon a
5complaint based upon a violation of any combination of subd. 1., 2., or 3. for acts
6arising out of the same incident or occurrence. If the person is charged with violating
7any combination of subd. 1., 2., or 3. in the complaint, the crimes shall be joined under
8s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 3. for acts
9arising out of the same incident or occurrence, there shall be a single conviction for
10purposes of sentencing and counting convictions under sub. (14) (b) 2. and 3.
11Subdivisions 1., 2., and 3. each require proof of a fact for conviction that the others
12do not require.

AB369,19,1813 5. a. In an action under this paragraph, the defendant has a defense if he or she
14proves by a preponderance of the evidence that the injury would have occurred even
15if he or she had been exercising due care and he or she had not been under the
16influence of an intoxicant, did not have an alcohol concentration of more than 0.0, or
17did not have a detectable amount of a restricted controlled substance in his or her
18blood.

AB369,19,2519 b. In an action under subd. 3. that is based on the defendant allegedly having
20a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or
21delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
22or she proves by a preponderance of the evidence that at the time of the incident or
23occurrence he or she had a valid prescription for methamphetamine or one of its
24metabolic precursors, gamma-hydroxybutyric acid, or
25delta-9-tetrahydrocannabinol.

AB369,20,5

1(4g) Preliminary breath screening test. (a) Requirement. A person shall
2provide a sample of his or her breath for a preliminary breath screening test if a law
3enforcement officer has probable cause to believe that the person is violating or has
4violated the intoxicated operation of an off-highway vehicle law and if, prior to an
5arrest, the law enforcement officer requested the person to provide this sample.

AB369,20,116 (b) Use of test results. A law enforcement officer may use the results of a
7preliminary breath screening test for the purpose of deciding whether or not to arrest
8a person for a violation of the intoxicated operation of an off-highway vehicle law or
9for the purpose of deciding whether or not to request a chemical test under sub. (4p).
10Following the preliminary breath screening test, chemical tests may be required of
11the person under sub. (4p).

AB369,20,1512 (c) Admissibility. The result of a preliminary breath screening test is not
13admissible in any action or proceeding except to show probable cause for an arrest,
14if the arrest is challenged, or to show that a chemical test was properly required of
15a person under sub. (4p).

AB369,20,1716 (d) Refusal. There is no penalty for a violation of par. (a). Subsection (14) (a)
17and the general penalty provision under s. 939.61 do not apply to that violation.

AB369,20,20 18(4j) Applicability of the intoxicated operation of an off-highway vehicle
19law. The intoxicated operation of an off-highway vehicle law applies to the operation
20of an off-highway vehicle on any off-highway vehicle trail.

AB369,21,2 21(4L) Implied consent. Any person who engages in the operation of an
22off-highway vehicle on any off-highway vehicle trail is deemed to have given consent
23to provide one or more samples of his or her breath, blood, or urine for the purpose
24of authorized analysis as required under sub. (4p). Any person who engages in the
25operation of an off-highway vehicle on any off-highway vehicle trail is considered

1to have given consent to submit to one or more chemical tests of his or her breath,
2blood, or urine for the purpose of authorized analysis as required under sub. (4p).

AB369,21,10 3(4p) Chemical tests. (a) Requirement. 1. A person shall provide one or more
4samples of his or her breath, blood, or urine for the purpose of authorized analysis
5if he or she is arrested for a violation of the intoxicated operation of an off-highway
6vehicle law and if he or she is requested to provide the sample by a law enforcement
7officer. A person shall submit to one or more chemical tests of his or her breath, blood,
8or urine for the purpose of authorized analysis if he or she is arrested for a violation
9of the intoxicated operation of an off-highway vehicle law and if he or she is
10requested to submit to the test by a law enforcement officer.

AB369,21,1311 2. A law enforcement officer requesting a person to provide a sample or to
12submit to a chemical test under subd. 1. shall inform the person of all of the following
13at the time of the request and prior to obtaining the sample or administering the test:

AB369,21,1414 a. That he or she is deemed to have consented to tests under sub. (4L).

AB369,21,1715 b. That a refusal to provide a sample or to submit to a chemical test constitutes
16a violation under par. (e) and is subject to the same penalties and procedures as a
17violation of sub. (4c) (a) 1.

AB369,21,1918 c. That in addition to the designated chemical test under par. (b) 2., he or she
19may have an additional chemical test under par. (c) 1.

AB369,21,2520 3. A person who is unconscious or otherwise not capable of withdrawing
21consent is presumed not to have withdrawn consent under this paragraph, and if a
22law enforcement officer has probable cause to believe that the person violated the
23intoxicated operation of an off-highway vehicle law, one or more chemical tests may
24be administered to the person without a request under subd. 1. and without
25providing information under subd. 2.