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Posted by Adam Harden
on Tuesday, 31 January 2012 in WATVA News
Adam Harden
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Brief Overview: How a WI Bill Becomes A Law (and recap of AB 453 and AB 439)
Randy Harden, president of the Wisconsin ATV Association and other key representatives from land managers, law enforcement and recreational riders testified in favor of both bills in front of the Assembly Committee on Transportation.
A summary of the bills is as follows:
Under current law, a person may not operate a snowmobile, an all-terrain
vehicle (ATV), or a motorboat while under the influence of alcohol or a controlled
substance to a degree that he or she cannot operate the vehicle or boat safely. Under
current law, a personal watercraft is included in the definition of "motorboat."
Current law also prohibits the operation of an ATV, a recreational motorboat, or a
snowmobile by a person who has an alcohol concentration of 0.08 or more. For
motorboats being operated on a commercial basis, the maximum alcohol
concentration is 0.04. These laws are respectively referred to under current law as
the intoxicated operation of an ATV law, the intoxicated boating law, and the
intoxicated snowmobiling law. Under current law, a person who refuses to submit
to a legal request for a breath, blood, or urine sample pursuant to an arrest for
operating a snowmobile, an ATV, or a recreational motorboat while under the
influence is in violation of what is known as the refusal law.
vehicle (ATV), or a motorboat while under the influence of alcohol or a controlled
substance to a degree that he or she cannot operate the vehicle or boat safely. Under
current law, a personal watercraft is included in the definition of "motorboat."
Current law also prohibits the operation of an ATV, a recreational motorboat, or a
snowmobile by a person who has an alcohol concentration of 0.08 or more. For
motorboats being operated on a commercial basis, the maximum alcohol
concentration is 0.04. These laws are respectively referred to under current law as
the intoxicated operation of an ATV law, the intoxicated boating law, and the
intoxicated snowmobiling law. Under current law, a person who refuses to submit
to a legal request for a breath, blood, or urine sample pursuant to an arrest for
operating a snowmobile, an ATV, or a recreational motorboat while under the
influence is in violation of what is known as the refusal law.
Under current law, in imposing a penalty for a violation of the intoxicated
operation of an ATV, the intoxicated boating, or the intoxicated snowmobiling law,
a court may only count as a previous conviction of the same law, or the applicable
refusal law. For example, if a person is before the court for violating the intoxicated
snowmobiling law or the snowmobile refusal law, the court may count only previous
convictions of the intoxicated snowmobiling law and the snowmobile refusal law as
prior convictions. Previous convictions of the intoxicated operation of an ATV law
or of the intoxicated boating law or of the applicable refusal laws may not be counted.
Under this bill, a court must count previous convictions of any of these intoxicated
operation or refusal laws that occurred within the previous five years when imposing
a penalty for a violation of any of these laws.
operation of an ATV, the intoxicated boating, or the intoxicated snowmobiling law,
a court may only count as a previous conviction of the same law, or the applicable
refusal law. For example, if a person is before the court for violating the intoxicated
snowmobiling law or the snowmobile refusal law, the court may count only previous
convictions of the intoxicated snowmobiling law and the snowmobile refusal law as
prior convictions. Previous convictions of the intoxicated operation of an ATV law
or of the intoxicated boating law or of the applicable refusal laws may not be counted.
Under this bill, a court must count previous convictions of any of these intoxicated
operation or refusal laws that occurred within the previous five years when imposing
a penalty for a violation of any of these laws.
The bill makes the provisions of the intoxicated operation of an ATV, the
intoxicated boating, and the intoxicated snowmobiling laws more consistent. These
changes include:
intoxicated boating, and the intoxicated snowmobiling laws more consistent. These
changes include:
1. Raising the age of absolute sobriety for the operation of snowmobiles and
ATVs to 21. Current law requires absolute sobriety for persons under the age of 19
who are operating snowmobiles and ATVs and for persons under the age of 21 for
motorboats.
ATVs to 21. Current law requires absolute sobriety for persons under the age of 19
who are operating snowmobiles and ATVs and for persons under the age of 21 for
motorboats.
2. Adopting the higher penalties for various violations where the penalties for
violations of the intoxicated operation of an ATV law, the intoxicated boating law, the
intoxicated snowmobiling law, and the refusal law conflict.
violations of the intoxicated operation of an ATV law, the intoxicated boating law, the
intoxicated snowmobiling law, and the refusal law conflict.
3. Imposing increased penalties for violating the intoxicating boating law or the
intoxicated snowmobiling law or related refusal law if the motorboat or snowmobile
is operated with a passenger under 16 years of age. The increased penalty already
exists for a violation of the intoxicated operation of an ATV law and the ATV refusal
law.
intoxicated snowmobiling law or related refusal law if the motorboat or snowmobile
is operated with a passenger under 16 years of age. The increased penalty already
exists for a violation of the intoxicated operation of an ATV law and the ATV refusal
law.
4. Repealing the provisions that imposed increased penalties for operating an
ATV with an alcohol concentration level that is 0.17 or more. Under current law,
these increased penalties are not imposed for violations of the intoxicated boating or
the intoxicated snowmobiling laws.
ATV with an alcohol concentration level that is 0.17 or more. Under current law,
these increased penalties are not imposed for violations of the intoxicated boating or
the intoxicated snowmobiling laws.
The bill provides that when counting the number of convictions within the
previous five years, the previous convictions for intoxicated operation of that same
type of recreational vehicle or the related refusal law that occurred before the
effective date of this bill are counted, but previous convictions for the other two types
of recreational vehicles that occurred before the effective date of this bill are not
counted.
previous five years, the previous convictions for intoxicated operation of that same
type of recreational vehicle or the related refusal law that occurred before the
effective date of this bill are counted, but previous convictions for the other two types
of recreational vehicles that occurred before the effective date of this bill are not
counted.
The bill also requires a court to enter an order to suspend the person's privilege
to operate a snowmobile, an ATV, and a motorboat for a period of not less than 12
months and not more that 16 months if the court imposes a penalty for a violation
of the intoxicated operation of an ATV, the intoxicated boating, or the intoxicated
snowmobiling law or the related refusal law. The bill also provides a forfeiture and
additional six-month period of operating privilege suspension for violating the order
of suspension.
to operate a snowmobile, an ATV, and a motorboat for a period of not less than 12
months and not more that 16 months if the court imposes a penalty for a violation
of the intoxicated operation of an ATV, the intoxicated boating, or the intoxicated
snowmobiling law or the related refusal law. The bill also provides a forfeiture and
additional six-month period of operating privilege suspension for violating the order
of suspension.
If the person is found guilty of a violation of the intoxicated operation of an ATV,
the intoxicated boating, or the intoxicated snowmobiling law or the related refusal
law and has, within the previous five years, violated one of these laws, the bill
requires the court to revoke the person's privilege to operate a motor vehicle for not
less than six months and not more than 12 months. Under the bill, the person may
be eligible for an occupational driver's license at any time during the revocation
period. The bill requires the person whose operating privilege was revoked to pay a
$140 reinstatement fee.
the intoxicated boating, or the intoxicated snowmobiling law or the related refusal
law and has, within the previous five years, violated one of these laws, the bill
requires the court to revoke the person's privilege to operate a motor vehicle for not
less than six months and not more than 12 months. Under the bill, the person may
be eligible for an occupational driver's license at any time during the revocation
period. The bill requires the person whose operating privilege was revoked to pay a
$140 reinstatement fee.
Under the bill, if a person has had his or her privilege to operate a motor vehicle
suspended or revoked for a violation of a prohibition against operating a motor
vehicle while intoxicated, the person may not operate a snowmobile, an ATV, or a
motorboat during the period of that motor vehicle operating privilege suspension or
revocation. The bill also provides a forfeiture and an additional six-month period
of operating privilege suspension for violating the order of suspension.
suspended or revoked for a violation of a prohibition against operating a motor
vehicle while intoxicated, the person may not operate a snowmobile, an ATV, or a
motorboat during the period of that motor vehicle operating privilege suspension or
revocation. The bill also provides a forfeiture and an additional six-month period
of operating privilege suspension for violating the order of suspension.
Under current law the sentences of persons who are convicted of certain second,
third, or fourth offenses involving the operation of a motor vehicle while under the
influence of an intoxicant may be reduced if the violator successfully completes a
period of probation that includes alcohol and other drug treatment. A person may
complete a treatment program and receive a reduced period of imprisonment only
once. This bill allows this option to be used for persons convicted of a violation of the
third, or fourth offenses involving the operation of a motor vehicle while under the
influence of an intoxicant may be reduced if the violator successfully completes a
period of probation that includes alcohol and other drug treatment. A person may
complete a treatment program and receive a reduced period of imprisonment only
once. This bill allows this option to be used for persons convicted of a violation of the
intoxicated operation of an ATV, the intoxicated boating, the intoxicated
snowmobiling law, or the applicable refusal law.
snowmobiling law, or the applicable refusal law.
Under current law, with limited exceptions, no person may operate a
snowmobile without having completed a snowmobile safety course. For persons
under the age of 16, the course must include six hours of classroom instruction. This
bill repeals this classroom instruction requirement.
snowmobile without having completed a snowmobile safety course. For persons
under the age of 16, the course must include six hours of classroom instruction. This
bill repeals this classroom instruction requirement.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill
printed as an appendix to this bill
The UTV Bill:
Under current law, the Department of Natural Resources (DNR) regulates the
operation of all-terrain vehicles (ATVs). DNR also regulates utility terrain vehicles
(UTVs), in consultation with the Department of Transportation, under a pilot
program that expires on June 30, 2012.
operation of all-terrain vehicles (ATVs). DNR also regulates utility terrain vehicles
(UTVs), in consultation with the Department of Transportation, under a pilot
program that expires on June 30, 2012.
UTV pilot program
Under current law, a UTV is defined as a motor driven device, other than a golf
cart or low-speed vehicle, that is designed to be used primarily off of a highway and
that has, and was originally manufactured with, certain features, including a gross
weight of more than 900 pounds but not more than 1,999 pounds, a cargo or dump
box, four or more low-pressure tires, non-straddling seats for at least two occupants,
and certain safety systems.
cart or low-speed vehicle, that is designed to be used primarily off of a highway and
that has, and was originally manufactured with, certain features, including a gross
weight of more than 900 pounds but not more than 1,999 pounds, a cargo or dump
box, four or more low-pressure tires, non-straddling seats for at least two occupants,
and certain safety systems.
The UTV pilot program allows DNR, a federal agency, a county, or a
municipality to designate an ATV route or trail within its respective jurisdiction for
use by persons operating UTVs. The UTV pilot program provides that if a county
adopts a resolution electing to participate in the pilot program, then the resolution
applies to all of the municipalities within the county unless a municipality adopts a
resolution to opt out of the program.
municipality to designate an ATV route or trail within its respective jurisdiction for
use by persons operating UTVs. The UTV pilot program provides that if a county
adopts a resolution electing to participate in the pilot program, then the resolution
applies to all of the municipalities within the county unless a municipality adopts a
resolution to opt out of the program.
Under the UTV pilot program, no person may operate a UTV on a designated
ATV route or trail unless DNR registers the UTV. The UTV pilot program authorizes
DNR to register and charge registration fees for UTVs in the same manner as it
registers and charges registration fees for ATVs that are registered for public use
under current law. Under the UTV pilot program, certain laws that apply to ATVs
also apply to UTVs, including traffic citation laws, rules of operation, prohibitions
on operation while intoxicated, and certain equipment requirements. The UTV pilot
program prohibits a person who is younger than 16 from operating a UTV and
requires a person who is born on or after January 1, 1988, and who operates a UTV
to hold a valid all-terrain vehicle safety certificate.
ATV route or trail unless DNR registers the UTV. The UTV pilot program authorizes
DNR to register and charge registration fees for UTVs in the same manner as it
registers and charges registration fees for ATVs that are registered for public use
under current law. Under the UTV pilot program, certain laws that apply to ATVs
also apply to UTVs, including traffic citation laws, rules of operation, prohibitions
on operation while intoxicated, and certain equipment requirements. The UTV pilot
program prohibits a person who is younger than 16 from operating a UTV and
requires a person who is born on or after January 1, 1988, and who operates a UTV
to hold a valid all-terrain vehicle safety certificate.
UTV operation and funding under the bill
This bill eliminates the UTV pilot program and establishes a permanent
method for regulating the use of UTVs on ATV routes and trails. As with the pilot
program, the bill authorizes DNR and federal agencies, counties, and municipalities
method for regulating the use of UTVs on ATV routes and trails. As with the pilot
program, the bill authorizes DNR and federal agencies, counties, and municipalities
to designate ATV routes and trails that may be used by persons operating UTVs.
Under the bill, as under the pilot program, most of the laws that apply to the
operation of ATVs also apply to the operation of UTVs. As under the UTV pilot
program, the bill allows the operation of UTVs only on those ATV routes and trails
that are specifically designated as open to UTV operation. The bill requires DNR to
establish uniform signs and standards for the operation of UTVs on ATV routes and
trails. The definition of a UTV under the bill is similar to the definition under the
pilot program except that it also specifies that a vehicle does not qualify as a UTV
if the vehicle would meet federal motor vehicle safety standards, or if it is a dune
buggy, mini-truck, or tracked vehicle. The bill also provides that a vehicle that
satisfies all requirements to meet the definition of an ATV qualifies instead as a UTV
if the vehicle exceeds the weight limit under the ATV definition.
Under the bill, as under the pilot program, most of the laws that apply to the
operation of ATVs also apply to the operation of UTVs. As under the UTV pilot
program, the bill allows the operation of UTVs only on those ATV routes and trails
that are specifically designated as open to UTV operation. The bill requires DNR to
establish uniform signs and standards for the operation of UTVs on ATV routes and
trails. The definition of a UTV under the bill is similar to the definition under the
pilot program except that it also specifies that a vehicle does not qualify as a UTV
if the vehicle would meet federal motor vehicle safety standards, or if it is a dune
buggy, mini-truck, or tracked vehicle. The bill also provides that a vehicle that
satisfies all requirements to meet the definition of an ATV qualifies instead as a UTV
if the vehicle exceeds the weight limit under the ATV definition.
As under the UTV pilot program, the bill generally prohibits a person under the
age of 16 from operating a UTV. The bill authorizes a person who is under 16 years
of age to operate a UTV if the person operates the UTV for an agricultural purpose
and the person is under the supervision of a person who is over 18 years of age. As
under current law, as it applies to ATV operation, these age restrictions do not apply
to a person who operates a UTV exclusively on land under the management and
control of the person's immediate family.
age of 16 from operating a UTV. The bill authorizes a person who is under 16 years
of age to operate a UTV if the person operates the UTV for an agricultural purpose
and the person is under the supervision of a person who is over 18 years of age. As
under current law, as it applies to ATV operation, these age restrictions do not apply
to a person who operates a UTV exclusively on land under the management and
control of the person's immediate family.
Under current law, the ATV program administered by DNR is primarily funded
by fees generated from ATV registrations and the sale of trail passes. Under this bill,
the UTV program is also primarily funded by UTV registrations and the sale of trail
passes, but the bill authorizes DNR to expend these funds primarily for projects to
improve or maintain those ATV trails that may be used by operators of UTVs.
by fees generated from ATV registrations and the sale of trail passes. Under this bill,
the UTV program is also primarily funded by UTV registrations and the sale of trail
passes, but the bill authorizes DNR to expend these funds primarily for projects to
improve or maintain those ATV trails that may be used by operators of UTVs.
The ATV program under current law is also funded by an annual transfer from
the transportation fund to the conservation fund of an amount equal to the estimated
ATV gas tax payment. The amount of the estimated ATV gas tax payment is
calculated for each fiscal year by multiplying the number of registered ATVs (except
those registered only for private use) by 25 gallons and then multiplying this product
by the excise tax imposed on gasoline and diesel fuel on the last day of February of
the previous fiscal year. This bill requires a similar annual transfer from the
transportation fund to the conservation fund. The amount of the transfer under the
bill is equal to the estimated UTV gas tax payment. This amount is calculated in the
same manner as the ATV gas tax payment is calculated except that it does not
include, in that calculation, commercial UTV registrations.
the transportation fund to the conservation fund of an amount equal to the estimated
ATV gas tax payment. The amount of the estimated ATV gas tax payment is
calculated for each fiscal year by multiplying the number of registered ATVs (except
those registered only for private use) by 25 gallons and then multiplying this product
by the excise tax imposed on gasoline and diesel fuel on the last day of February of
the previous fiscal year. This bill requires a similar annual transfer from the
transportation fund to the conservation fund. The amount of the transfer under the
bill is equal to the estimated UTV gas tax payment. This amount is calculated in the
same manner as the ATV gas tax payment is calculated except that it does not
include, in that calculation, commercial UTV registrations.
Miscellaneous provisions
This bill makes various other changes to the laws relating to ATVs. The
changes include the following:
changes include the following:
1. Current law does not require ATVs that are registered for public use to
display a registration plate. This bill requires a person who owns an ATV or UTV
that is registered for public use to furnish a plate on which the registration number
is displayed. The bill also requires the person to affix a registration decal, furnished
by DNR, to each side of the ATV or UTV.
display a registration plate. This bill requires a person who owns an ATV or UTV
that is registered for public use to furnish a plate on which the registration number
is displayed. The bill also requires the person to affix a registration decal, furnished
by DNR, to each side of the ATV or UTV.
2. The bill requires a person who registers an ATV or UTV for private use to
affix a registration decal, furnished by DNR, to each side of the ATV or UTV. Current
law does not require ATVs registered for private use to display registration decals.
affix a registration decal, furnished by DNR, to each side of the ATV or UTV. Current
law does not require ATVs registered for private use to display registration decals.
3. Under current law, a manufacturer, dealer, distributor, or renter
(commercial dealer) of ATVs must register with DNR and obtain a commercial ATV
certificate. Upon registration, DNR issues three reflectorized plates to the
commercial dealer and the dealer may allow the ATV to be operated only if a
reflectorized plate is attached to the ATV. Under this bill, a commercial dealer of
ATVs, UTVs, or both, must register with DNR and obtain a commercial ATV and
UTV certificate. The bill requires a commercial dealer of ATVs or UTVs to display
a plate or sign on the ATV or UTV but does not require DNR to supply reflectorized
plates. Under the bill, DNR must issue registration decals upon registering a
commercial dealer of ATVs or UTVs, and the commercial dealer may not allow the
ATV or UTV to be operated without a decal affixed to the plate or sign furnished by
the commercial dealer.
(commercial dealer) of ATVs must register with DNR and obtain a commercial ATV
certificate. Upon registration, DNR issues three reflectorized plates to the
commercial dealer and the dealer may allow the ATV to be operated only if a
reflectorized plate is attached to the ATV. Under this bill, a commercial dealer of
ATVs, UTVs, or both, must register with DNR and obtain a commercial ATV and
UTV certificate. The bill requires a commercial dealer of ATVs or UTVs to display
a plate or sign on the ATV or UTV but does not require DNR to supply reflectorized
plates. Under the bill, DNR must issue registration decals upon registering a
commercial dealer of ATVs or UTVs, and the commercial dealer may not allow the
ATV or UTV to be operated without a decal affixed to the plate or sign furnished by
the commercial dealer.
4. Under current law, with certain exceptions, a person who operates an ATV
on a public ATV trail must obtain a nonresident trail pass from DNR and display the
pass on the ATV. A person who registers an ATV is exempt from this requirement.
This bill requires that a nonresident trail pass issued to an operator of an ATV or
UTV must be permanently affixed in a highly visible location on the forward half of
the ATV or UTV.
on a public ATV trail must obtain a nonresident trail pass from DNR and display the
pass on the ATV. A person who registers an ATV is exempt from this requirement.
This bill requires that a nonresident trail pass issued to an operator of an ATV or
UTV must be permanently affixed in a highly visible location on the forward half of
the ATV or UTV.
5. A nonresident trail pass issued under current law expires on June 30 of each
year. This bill changes the expiration date for these annual passes to March 31 and
authorizes DNR to issue five-day nonresident trail passes.
year. This bill changes the expiration date for these annual passes to March 31 and
authorizes DNR to issue five-day nonresident trail passes.
6. A public-use registration certificate for an ATV under current law is valid
for a two-year period. This bill specifies that a public-use registration certificate is
valid for both an ATV and a UTV beginning on April 1 or the date of issuance or
renewal and ending March 31 of the second year following the date of issuance or
renewal.
for a two-year period. This bill specifies that a public-use registration certificate is
valid for both an ATV and a UTV beginning on April 1 or the date of issuance or
renewal and ending March 31 of the second year following the date of issuance or
renewal.
7. This bill provides that registration and nonresident trail pass requirements
do not apply to a person operating an ATV or UTV during the first full weekend in
June of each year.
do not apply to a person operating an ATV or UTV during the first full weekend in
June of each year.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
printed as an appendix to this bill.
That's in a nut shell. Above each of the linked text is the web site URL to read the full language on the bills. But we have already discussed what the bills are for. The main point of the blog is to help understand the process of a bill becoming a law.
Thankfully, for you and I, there is a nice document by the state government that explains this process. However, before I link that nifty document, let's have a rewind to a video that I saw in grade school, more than ten years ago! This video is based on a federal process. It's basically the same process.
So, what does our process look like in Wisconsin?
(Click that for a bigger image or visit page 13 here: http://legis.wisconsin.gov/assembly/acc/pdf/habbl.pdf)
And a chart showing the process here:
Again, click the link.
WOOOAAHHHh! Wait a minute. If you have been following our progress, you might notice something wrong here. On the above chart, it shows that a bill must pass the assembly before going to senate. That's true, if you're not working with elite cool law makers such as WATVA is. We actually have two bills with pretty much the same language that went to both the Senate and Assembly to expedite the process. Tricky eh? Not really. This is done a lot. If we didn't do it this way, with all the craziness in Madison, the bill might not make it to the governors desk before the session lets out for summer. I would call it being efficient, not tricky actually.
Anyways, so if we follow the chart, the Senate Committee has already been presented with the senate bill, and passed it. The Assembly today got to hear the bill and it passed. Now it's on to some more committees. See the chart.
Before you do that, here are some photos from today's hearings.
That's Randy Harden presenting the OWI Bill and holding a DNR piece of literature.
That's Gary Eddy from the DNR Law Enforcement side testifying in favor of the OWI Bill.
So, after the other hearings and committees, the bills are sent on (if they pass) for the Governor to sign.
It's not all that complicated, just takes a little reading. I suggest the booklet. I shall link it again here:
Make sure to watch our Facebook page as I am always updating that whenever we are in the session.