AB369,25,2524 2. Provide for the development of signs briefly explaining the intoxicated
25operation of an off-highway vehicle law.

AB369,26,4

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1(b) The department shall develop and issue an educational pamphlet on the
2intoxicated operation of an off-highway vehicle law to be distributed, beginning
3within 6 months after the effective date of this paragraph .... [LRB inserts date], to
4persons issued off-highway vehicle registration certificates under sub. (2).

AB369,26,6 5(5) Equipment requirements. No person may operate a Class B off-highway
6vehicle unless it meets all of the following requirements:

AB369,26,87 (a) If it is equipped with an internal combustion engine, it has a complete
8exhaust system that includes a muffler and a tailpipe.

AB369,26,99 (b) It has a permanently mounted and attached fuel cell or tank.

AB369,26,1110 (c) It has a frame-mounted roll cage that is constructed in a manner specified
11by the department by rule and that encloses the operator and each passenger.

AB369,26,1412 (d) It has a permanently affixed blaze orange safety flag that is at least 144
13square inches in size and that is displayed from a pole that extends at least 8 feet
14above the ground on the front passenger side of the off-highway vehicle.

AB369,26,1515 (e) It has 2 headlights.

AB369,26,1616 (f) It has 2 brake lights.

AB369,26,1717 (g) It has front and rear turn signals.

AB369,26,1818 (h) It has side markers on the front and rear driver and passenger sides.

AB369,26,2019 (i) All of the seats are permanently mounted and equipped with shoulder and
20lap safety belts.

AB369,26,2121 (j) It does not contain an infant or child seat.

AB369,26,2322 (k) It is equipped with an unopened kit that is capable of absorbing, containing,
23and collecting a spill of a minimum of 3.75 gallons of petroleum products.

AB369,26,2524 (L) It has a battery that is secured in the vehicle in a manner that requires the
25use of a wrench or key to remove it.

AB369,27,4

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1(6) Noise limits. No person may manufacture, sell, rent, or operate a Class B
2off-highway vehicle that is constructed in such a manner that noise emitted from the
3off-highway vehicle exceeds 96 decibels on the A scale as measured in the manner
4prescribed under rules promulgated by the department.

AB369,27,7 5(6m) Speed limits. (a) Except as provided in par. (b), no person may operate
6an off-highway vehicle on an off-highway vehicle trail at a speed exceeding a posted
7speed limit or, if no speed limit is posted, at a speed exceeding 20 miles per hour.

AB369,27,98 (b) No person may operate an off-highway vehicle on an off-highway vehicle
9trail when within 150 feet of a dwelling at a speed exceeding 10 miles per hour.

AB369,27,15 10(7) Accidents. If an accident results in the death of any person, in the injury
11of any person that requires the treatment of the person by a physician, or in property
12damage of $500 or more, the operator of each off-highway vehicle involved in the
13accident shall, within 10 days of the date of the accident, provide a report of the
14accident to the department in the form and manner required by the department by
15rule.

AB369,27,19 16(8) Trails. (a) Department authority. The department shall encourage and
17supervise a system of off-highway vehicle trails. The system shall include trails in
18state forests. The department may establish standards and procedures for certifying
19the designation of off-highway vehicle trails.

AB369,27,2220 (b) Designation. A town, village, city, county, or the department may designate
21corridors through land that it owns or controls, or for which it obtains leases,
22easements, or permission, for use as off-highway vehicle trails.

AB369,27,2523 (c) Restrictions. The designating authority may specify effective periods for the
24use of off-highway vehicle trails and may restrict or prohibit the operation of an
25off-highway vehicle during certain periods of the year.

AB369,28,3

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1(d) Signs. The department, in cooperation with the department of
2transportation, shall establish uniform off-highway vehicle trail signs and
3standards.

AB369,28,84 (e) Interference with signs and standards prohibited. 1. No person may
5intentionally remove, damage, deface, move, or obstruct any uniform off-highway
6vehicle trail sign or standard or intentionally interfere with the effective operation
7of any uniform off-highway vehicle trail sign or standard if the sign or standard is
8legally placed by the state, any municipality, or any authorized individual.

AB369,28,139 2. No person may possess any uniform off-highway vehicle trail sign or
10standard of the type established by the department for the warning, instruction, or
11information of the public, unless he or she obtained the uniform off-highway vehicle
12trail sign or standard in a lawful manner. Possession of a uniform off-highway
13vehicle trail sign or standard creates a rebuttable presumption of illegal possession.

AB369,28,16 14(8m) Administration. (a) Before January 1 of each fiscal year, the department
15shall determine the total amount of fees received from the registration of
16off-highway vehicles under sub. (2) in the previous fiscal year.

AB369,28,2017 (b) The department may use funds appropriated to the department under s.
1820.370 (1) (jg) for state off-highway vehicle projects or for aid to towns, villages,
19cities, counties, and federal agencies for nonstate off-highway vehicle projects
20conducted for any of the following purposes:

AB369,28,2221 1. To acquire an easement or land in fee simple for development of an off-
22highway vehicle trail.

AB369,28,2423 2. To develop or maintain an off-highway vehicle facility, including a parking
24area, riding area, shelter, toilet, or other improvement.

AB369,28,2525 3. To develop or maintain an off-highway vehicle trail.

AB369,29,3

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1(9) Age restrictions for operation; safety certificate requirements. (a) No
2person under the age of 16 may operate an off-highway vehicle on an off-highway
3vehicle trail.

AB369,29,74 (b) No person who is 16 or 17 years of age may operate an off-highway vehicle
5on an off-highway vehicle trail unless he or she is subject to the continuous verbal
6direction and control of a person who is operating another off-highway vehicle and
7who is at least 18 years of age.

AB369,29,118 (c) No person who is born on or after December 31, 1993, may operate an
9off-highway vehicle on an off-highway vehicle trail unless he or she holds a valid
10safety certificate issued under par. (d) or issued by another state or a province of
11Canada.

AB369,29,2412 (d) The department shall establish or supervise the establishment of a program
13of instruction on off-highway vehicle laws, including the intoxicated operation of an
14off-highway vehicle law, regulations, safety, and related subjects. The department
15shall establish by rule an instruction fee for this program. The department shall
16issue certificates to persons successfully completing the program. An instructor
17conducting the program of instruction under this paragraph shall collect the fee from
18each person who receives instruction. The department may determine the portion
19of this fee, which may not exceed 50 percent, that the instructor may retain to defray
20expenses incurred by the instructor in conducting the program. The instructor shall
21remit the remainder of the fee or, if nothing is retained, the entire fee to the
22department. The department shall issue a duplicate certificate of accomplishment
23to a person who is entitled to a duplicate certificate of accomplishment and who pays
24a fee of $5.

AB369,30,2

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1(10) Grant program. (a) The department shall establish a program to award
2grants to organizations that meet the eligibility requirements under par. (b).

AB369,30,43 (b) To be eligible for a grant under this subsection, an organization shall meet
4all of the following requirements:

AB369,30,55 1. The organization is a nonstock corporation organized in this state.

AB369,30,76 2. The organization promotes the operation of off-highway vehicles in a
7manner that is safe and responsible and that does not harm the environment.

AB369,30,108 3. The organization promotes the operation of off-highway vehicles in a
9manner that does not conflict with the laws, rules, and departmental policies that
10relate to the operation of off-highway vehicles.

AB369,30,1311 4. The interest of the organization is limited to the recreational operation of
12off-highway vehicles on off-highway vehicle trails and other areas that are off of the
13highways.

AB369,30,1514 5. The organization has a board of directors that has a majority of members who
15are off-highway vehicle enthusiasts and off-highway vehicle trail users.

AB369,30,1616 6. The organization provides support to off-highway vehicle clubs.

AB369,30,1917 (c) An organization receiving a grant under this subsection shall use the grant
18moneys to promote and provide support to the program established under sub. (9) (d)
19by conducting activities that include all of the following:

AB369,30,2120 1. Collecting data on the recreational operation of off-highway vehicles off of
21the highways.

AB369,30,2322 2. Providing assistance to the department in locating, recruiting, and training
23instructors for the program established under sub. (9) (d).

AB369,30,2524 3. Attempting to increase participation by current and future off-highway
25vehicle operators and owners in the program established under sub. (9) (d).

AB369,31,5

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14. In consultation with the department of natural resources and the
2department of tourism, creating an outreach program to inform local communities
3of appropriate off-highway vehicle use in their communities and of the economic
4benefits that may be gained from promoting tourism to attract off-highway vehicle
5operators.

AB369,31,126 5. Attempting to improve and maintain its relationship with the department
7of natural resources, the department of tourism, Class B off-highway vehicle
8dealers, Class B off-highway vehicle manufacturers, all-terrain vehicle clubs, as
9defined in s. 23.33 (1) (bc), utility terrain vehicle clubs, snowmobile clubs, as defined
10in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (1) (d), and other
11organizations that promote the recreational operation of all-terrain vehicles, utility
12terrain vehicles, and snowmobiles.

AB369,31,1613 6. Recruiting, assisting in the training of, and providing support to a corps of
14volunteers that will assist in providing instruction on the safe and responsible
15operation of off-highway vehicles that is given in the field to off-highway vehicle
16operators.

AB369,31,2017 7. Publishing a manual in cooperation with the department to be used to train
18volunteers in monitoring the recreational operation of off-highway vehicles for
19safety issues and other issues that relate to the responsible operation of off-highway
20vehicles.

AB369,31,2221 (d) The department shall pay the grants from the appropriation under s. 20.370
22(1) (jg).

AB369,32,2 23(11) Damage claim program. The department shall establish, by rule, a
24program to pay claims to owners of property damaged by the unauthorized operation
25of off-highway vehicles. The rules shall specify eligibility requirements and

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1procedures for obtaining a payment under the program. The department shall make
2payments under this subsection from the appropriation under s. 20.370 (1) (jg).

AB369,32,5 3(12) Local ordinances. (a) Counties, towns, cities, and villages may enact
4ordinances regulating off-highway vehicles on off-highway vehicle trails
5maintained or designated by the county, city, town, or village.

AB369,32,86 (b) Any county, town, city, or village may enact an ordinance that is in strict
7conformity with this section and rules promulgated by the department under this
8section if the ordinance encompasses all aspects encompassed by this section.

AB369,32,13 9(13) Enforcement. (a) An officer of the state traffic patrol under s. 110.07 (1),
10inspector under s. 110.07 (3), conservation warden appointed by the department
11under s. 23.10, county sheriff, or municipal peace officer has authority and
12jurisdiction to enforce this section and ordinances enacted in accordance with this
13section.

AB369,32,1714 (b) No operator of an off-highway vehicle required to be registered by the
15department under this section may refuse to stop after being requested or signaled
16to do so by a law enforcement officer or a commission warden, as defined in s. 939.22
17(5).

AB369,32,23 18(14) Penalties. (a) General penalties. Except as provided in pars. (b) and (c),
19any person who violates this section shall forfeit not less than $250 nor more than
20$5,000 for a first violation, not less than $500 nor more than $10,000 for a 2nd
21violation within 10 years of the first violation, and not less than $1,000 nor more than
22$25,000 for a 3rd or subsequent violation within 10 years of the immediately
23preceding violation.

AB369,33,3

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1(b) Penalties related to intoxicated operation. 1. Except as provided in subds.
22. and 3., any person who violates sub. (4c) (a) 1., 2., or 3. or (4p) (e) shall forfeit not
3less than $150 nor more than $300.

AB369,33,84 2. Except as provided in subd. 3., any person who violates sub. (4c) (a) 1., 2., or
53. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was
6convicted previously under the intoxicated operation of an off-highway vehicle law
7shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not
8less than 5 days nor more than 6 months.

AB369,33,139 3. Any person who violates sub. (4c) (a) 1., 2., or 3. or (4p) (e) and who, within
105 years prior to the arrest for the current violation, was convicted 2 or more times
11previously under the intoxicated operation of an off-highway vehicle law shall be
12fined not less than $600 nor more than $2,000 and shall be imprisoned not less than
1330 days nor more than one year in the county jail.

AB369,33,1614 (c) Penalty related to causing injury; intoxicants. Any person who violates sub.
15(4c) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned
16not less than 30 days nor more than one year in the county jail.

AB369,33,1917 (d) Calculation of previous convictions. In determining the number of previous
18convictions under par. (b) 2. and 3., convictions arising out of the same incident or
19occurrence shall be counted as one previous conviction.

AB369,33,2520 (dm) Reporting convictions to the department. Whenever a person is convicted
21of a violation of the intoxicated operation of an off-highway vehicle law, the clerk of
22the court in which the conviction occurred, or the justice, judge, or magistrate of a
23court not having a clerk, shall forward to the department the record of such
24conviction. The record of conviction forwarded to the department shall state whether
25the offender was involved in an accident at the time of the offense.

AB369,34,9

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1(e) Alcohol, controlled substances, or controlled substance analogs; assessment.
2In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or
3(4p) (e), or who violates s. 940.09 or 940.25 if the violation involves the operation of
4an off-highway vehicle, shall be ordered by the court to submit to and comply with
5an assessment by an approved public treatment facility for an examination of the
6person's use of alcohol, controlled substances, or controlled substance analogs. The
7assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure
8to comply with an assessment ordered under this paragraph constitutes contempt
9of court, punishable under ch. 785.

AB369,34,1210 (f) Surcharge. If a court imposes a forfeiture for a violation of a provision of this
11section, the court shall impose an off-highway vehicle surcharge under ch. 814 in the
12amount of $100.

AB369,34,1713 (g) Safety certificate requirement. In addition to the penalties under par. (a),
14the court shall require any person who violates this section to successfully complete
15the program of instruction on off-highway vehicle laws established by the
16department under sub. (9) (d), regardless of whether the person has previously
17successfully completed the program.

AB369,34,2118 (h) Restoration or replacement of signs and standards. In addition to any other
19penalty, the court may order the defendant to restore or replace any uniform
20off-highway vehicle trail sign or standard that the defendant removed, damaged,
21defaced, moved, or obstructed.

AB369,34,2523 23.45 (1) (d) "Registration" means any registration documentation, as defined
24in s. 23.33 (1) (jn), 23.37 (1) (p), or s. 350.01 (10t), or certification or registration
25documentation, as defined in s. 30.50 (3b), issued by the department or its agents.

AB369,35,122 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
3court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
4for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
5283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2),
6subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
7administrative rules promulgated thereunder, violations specified under s. 280.98
8(2) or 285.86, violations of ch. 951 if the animal involved is a captive wild animal,
9violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
10violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
11enacted by any local authority in accordance with s. 23.33 (11) (am) , 23.37 (12), or
1230.77.

AB369,35,2114 23.50 (3) All actions in municipal court to recover forfeitures, plus costs, fees,
15and surcharges imposed under ch. 814, for violations of local ordinances enacted by
16any local authority in accordance with s. 23.33 (11) (am), 23.37 (12), or 30.77 shall
17utilize the procedure in ch. 800. The actions shall be brought before the municipal
18court having jurisdiction. Provisions relating to citations, arrests, questioning,
19releases, searches, deposits, and stipulations of no contest in ss. 23.51 (1m), (3), and
20(8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to violations of such
21ordinances.

AB369,36,923 23.53 (1) The citation created under this section shall, in all actions to recover
24forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of
25those statutes enumerated in s. 23.50 (1), any administrative rules promulgated

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1thereunder, and any rule of the Kickapoo reserve management board under s. 41.41
2(7) (k) be used by any law enforcement officer with authority to enforce those laws,
3except that the uniform traffic citation created under s. 345.11 may be used by a
4traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law
5enforcement agency of a municipality or county or a traffic officer employed under
6s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall
7not be used for violations of ch. 350 relating to highway use. The citation may be used
8for violations of local ordinances enacted by any local authority in accordance with
9s. 23.33 (11) (am), 23.37 (12), or 30.77.

AB369,36,1711 23.56 (1) A person may be arrested for a violation of those statutes enumerated
12in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the
13Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances
14enacted by any local authority in accordance with s. 23.33 (11) (am) , 23.37 (12), or
1530.77, after a warrant that substantially complies with s. 968.04 has been issued.
16Except as provided in sub. (2), the person arrested shall be brought without
17unreasonable delay before a court having jurisdiction to try the action.

AB369,36,2419 23.57 (1) (intro.) A person may be arrested without a warrant when the
20arresting officer has probable cause to believe that the person is committing or has
21committed a violation of those statutes enumerated in s. 23.50 (1), any
22administrative rules promulgated thereunder, any rule of the Kickapoo reserve
23management board under s. 41.41 (7) (k), or any local ordinances enacted by any local
24authority in accordance with s. 23.33 (11) (am), 23.37 (12), or 30.77; and:

AB369,37,12

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123.58 Temporary questioning without arrest. After having identified
2himself or herself as an enforcing officer, an enforcing officer may stop a person in
3a public place for a reasonable period of time when the officer reasonably suspects
4that such person is committing, is about to commit or has committed a violation of
5those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
6thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7)
7(k), or any local ordinances enacted by any local authority in accordance with s. 23.33
8(11) (am), 23.37 (12), or 30.77. Such a stop may be made only where the enforcing
9officer has proper authority to make an arrest for such a violation. The officer may
10demand the name and address of the person and an explanation of the person's
11conduct. Such detention and temporary questioning shall be conducted in the
12vicinity where the person was stopped.

AB369,37,2014 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe
15that a person subject to his or her authority is committing or has committed a
16violation of those statutes enumerated in s. 23.50 (1), any administrative rules
17promulgated thereunder, any rule of the Kickapoo reserve management board under
18s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance
19with s. 23.33 (11) (am), 23.37 (12), or 30.77, the officer may proceed in the following
20manner:

AB369,38,222 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing
23to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350,
24subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.35, 23.38 to 23.42, 23.50
25to 23.99, 30.50 to 30.55, 70.58, 71.10 (5), 71.30 (10), and 90.21, including grants

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1received from the federal government or any of its agencies except as otherwise
2provided by law.

AB369,38,44 25.40 (1) (br) Moneys received under s. 23.37.

AB369,38,76 30.26 (4) (title) Snowmobiles, all-terrain vehicles, and utility terrain
7Off-highway vehicles.