AB369,5,129 23.09 (23) (a) In this subsection, "approval" means any type of approval or
10authorization issued by the department under ch. 29, subch. V. of ch. 30, or s. 23.33
11(2), 23.37 (2), 27.01, or 350.12, including a license, permit, certificate, stamp, tag,
12registration, or vehicle admission receipt.

AB369,5,1714 23.119 (1) (b) "Off-highway vehicle" means a motor-driven craft or vehicle
15principally manufactured for off-highway use but does not include a snowmobile,
16all-terrain vehicle, or utility terrain vehicle, or off-highway vehicle defined in s.
1723.37 (1) (jm).

AB369,5,19 1923.37 Off-highway vehicles. (1) Definitions. In this section:

AB369,5,2020 (ag) "Alcohol beverage" has the meaning given in s. 125.02 (1).

AB369,5,2121 (am) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

AB369,5,2222 (ar) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).

AB369,5,2423 (aw) "Approved public treatment facility" has the meaning given in s. 51.45 (2)
24(c).

AB369,6,2

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1(b) "Class A off-highway vehicle" means an off-highway vehicle that is eligible
2for registration under ch. 341.

AB369,6,43 (c) "Class B off-highway vehicle" means an off-highway vehicle that is not
4eligible for registration under ch. 341 for the reasons specified under s. 341.10 (6).

AB369,6,65 (cf) "Class B off-highway vehicle dealer" means a person engaged in the sale
6of Class B off-highway vehicles for profit at wholesale or retail.

AB369,6,97 (ch) "Class B off-highway vehicle distributor" means a person who sells or
8distributes Class B off-highway vehicles to Class B off-highway vehicle dealers or
9who maintains distributor representatives.

AB369,6,1110 (cm) "Class B off-highway vehicle manufacturer" means a person engaged in
11the manufacture of Class B off-highway vehicles for sale to the public.

AB369,6,1312 (cp) "Class B off-highway vehicle renter" means a person engaged in the rental
13or leasing of Class B off-highway vehicles to the public.

AB369,6,1414 (d) "Controlled substance" has the meaning given in s. 961.01 (4).

AB369,6,1515 (df) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB369,6,1716 (dm) "Ground clearance" means the distance between the base of an
17off-highway vehicle tire and the underside of the chassis of the off-highway vehicle.

AB369,6,1918 (e) "Intoxicant" means any alcohol beverage, controlled substance, controlled
19substance analog, or other drug or any combination thereof.

AB369,6,2220 (f) "Intoxicated operation of an off-highway vehicle law" means sub. (4c) or a
21local ordinance in conformity therewith or, if the operation of an off-highway vehicle
22is involved, s. 940.09 or 940.25.

AB369,6,2323 (g) "Lac du Flambeau band" has the meaning given in s. 23.33 (1) (id).

AB369,7,3

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1(h) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and
2includes a person appointed as a conservation warden by the department under s.
323.10 (1).

AB369,7,44 (i) "Mole Lake band" means the Mole Lake band of Lake Superior Chippewa.

AB369,7,55 (j) "Motorcycle" has the meaning given in s. 340.01 (32).

AB369,7,106 (jm) "Off-highway vehicle" means a 4-wheel drive vehicle that is powered by
7an electric or internal combustion engine, that has a ground clearance of at least 7
8inches, and that is designed for use off of a highway, regardless of whether it is also
9designed for use on a highway. An off-highway vehicle does not include an
10all-terrain vehicle, a utility terrain vehicle, a watercraft, or a motorcycle.

AB369,7,1211 (k) "Off-highway vehicle club" means a club consisting of individuals that
12promotes the recreational use of off-highway vehicles.

AB369,7,1613 (L) "Off-highway vehicle trail" means a marked corridor on public property or
14on private lands subject to public easement or lease, designated for use by
15off-highway vehicle operators by the governmental agency having jurisdiction, but
16excluding roadways of highways.

AB369,7,1917 (m) "Operate" means to exercise physical control over the speed or direction of
18an off-highway vehicle or to physically manipulate or activate any of the controls of
19an off-highway vehicle to put it in motion.

AB369,7,2220 (mn) "Operation" means the exercise of physical control over the speed or
21direction of an off-highway vehicle or the physical manipulation or activation of any
22of the controls of an off-highway vehicle necessary to put it in motion.

AB369,7,2523 (n) "Operator" means a person who operates an off-highway vehicle, who is
24responsible for the operation of an off-highway vehicle, or who is supervising the
25operation of an off-highway vehicle.

AB369,8,3

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1(o) "Owner" means a person who has lawful possession of an off-highway
2vehicle by virtue of legal title in the off-highway vehicle that entitles the person to
3possession of the off-highway vehicle.

AB369,8,64 (og) "Purpose of authorized analysis" means for the purpose of determining or
5obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
6person's blood, breath, or urine.

AB369,8,87 (or) "Refusal law" means sub. (4p) (e) or a local ordinance in conformity
8therewith.

AB369,8,109 (p) "Registration documentation" means an off-highway vehicle registration
10certificate or a registration decal.

AB369,8,1111 (pm) "Restricted controlled substance" means any of the following:

AB369,8,1312 1. A controlled substance included in schedule I under ch. 961 other than a
13tetrahydrocannabinol.

AB369,8,1514 2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
15substance described in subd. 1.

AB369,8,1616 3. Cocaine or any of its metabolites.

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

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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

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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

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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

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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

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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

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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

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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

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