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AB453,3,6 1An Act to repeal 23.33 (2) (b) 2., 23.33 (2) (b) 2m. c., 23.33 (2) (f) 2., 23.33 (2) (gm)
22., 23.33 (11p) (title), 23.33 (11p) (a) (intro.), 23.33 (11p) (a) 1., 23.33 (11p) (a)
35. and 23.33 (11p) (b) to (i); to renumber 23.33 (11p) (a) 2.; to renumber and
4amend
23.33 (2) (c), 23.33 (2) (f) 1., 23.33 (2) (gm) 1., 23.33 (2j) (c), 23.33 (4) (e)
53., 23.33 (11p) (a) 3., 23.33 (11p) (a) 4., 23.33 (11p) (a) 6. and 25.29 (1) (dm); to
6amend
20.370 (3) (as), 20.370 (5) (er), 23.119 (1) (b), 23.33 (title), 23.33 (1) (ic),
723.33 (1) (ir), 23.33 (1) (it), 23.33 (1) (iw), 23.33 (1) (j), 23.33 (1) (jn), 23.33 (1) (n),
823.33 (1) (o), 23.33 (2) (a), 23.33 (2) (b) (intro.), 23.33 (2) (b) 1., 23.33 (2) (b) 2m.
9b., 23.33 (2) (b) 3m., 23.33 (2) (d), 23.33 (2) (dm) 1., 23.33 (2) (dm) 2., 23.33 (2)
10(dm) 3., 23.33 (2) (dm) 4., 23.33 (2) (e), 23.33 (2) (g), 23.33 (2) (ig) 2., 23.33 (2)
11(ir) 1., 23.33 (2) (o), 23.33 (2) (p) 2., 23.33 (2g) (a), 23.33 (2g) (b) 3., 23.33 (2g) (c)
122., 23.33 (2g) (e) 4., 23.33 (2g) (f) 2., 23.33 (2j) (b), 23.33 (2j) (d), 23.33 (2j) (e),
1323.33 (2m) (title), 23.33 (2m) (a) (intro.), 23.33 (2m) (a) 1., 23.33 (2m) (a) 2., 23.33
14(2m) (a) 3., 23.33 (2m) (b), 23.33 (3) (intro.), 23.33 (3) (c), 23.33 (3) (cm), 23.33

1(3) (d), 23.33 (3) (h), 23.33 (3g) (intro.), 23.33 (3g) (c), 23.33 (3g) (d), 23.33 (4) (a),
223.33 (4) (b), 23.33 (4) (c) 1., 23.33 (4) (c) 1m., 23.33 (4) (c) 2., 23.33 (4) (d) (intro.),
323.33 (4) (d) 1., 23.33 (4) (d) 2., 23.33 (4) (d) 3., 23.33 (4) (d) 4., 23.33 (4) (d) 5.,
423.33 (4) (d) 6., 23.33 (4) (e) (intro.), 23.33 (4) (f), 23.33 (4c) (title), 23.33 (4c) (a)
51., 23.33 (4c) (a) 2., 23.33 (4c) (a) 2m., 23.33 (4c) (a) 3., 23.33 (4c) (b) 1., 23.33 (4c)
6(b) 2., 23.33 (4c) (b) 2m., 23.33 (4g) (a), 23.33 (4g) (b), 23.33 (4j), 23.33 (4L), 23.33
7(4p) (a) 1., 23.33 (4p) (a) 3., 23.33 (4p) (b) 4., 23.33 (4p) (c) 1., 23.33 (4p) (c) 2.,
823.33 (4p) (d), 23.33 (4p) (e) 1., 23.33 (4p) (e) 2., 23.33 (4t), 23.33 (4x) (title), 23.33
9(4z) (a) 1., 23.33 (4z) (a) 2., 23.33 (4z) (b), 23.33 (5) (a) (title), 23.33 (5) (b), 23.33
10(5) (c), 23.33 (5) (d), 23.33 (6) (a), (b), (c), (d), (e) and (h), 23.33 (6m), 23.33 (7),
1123.33 (8) (d), 23.33 (8) (e), 23.33 (8) (f) 1., 23.33 (8) (f) 2., 23.33 (9) (a), 23.33 (11)
12(a), 23.33 (11) (am) 2., 23.33 (11) (b), 23.33 (12) (b), 23.33 (13) (b) (title), 23.33
13(13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (b) 4., 23.33 (13) (bg), 23.33 (13) (br) (title),
1423.33 (13) (dm), 23.33 (13) (e), 23.33 (13) (f), 23.35 (1) (intro.), 23.35 (1) (a), 23.35
15(1) (b), 23.35 (1) (e), 23.35 (2), 25.29 (1) (b), 25.40 (3) (b) 14., 30.26 (4) (title), 30.26
16(4) (a) (intro.) and (b), 30.29 (1) (b), 70.11 (45m), 77.51 (13) (am), 77.51 (13s),
1777.54 (7) (b) (intro.), 77.61 (1) (a), 77.61 (1) (b), 77.61 (1) (c), 77.78, 78.01 (2) (e),
1878.01 (2m) (f), 78.40 (1), 78.75 (1m) (a) 2m., 78.75 (1m) (a) 3., 100.48 (2), (3) (a)
19and (4) (c), 322.111, 323.20, 340.01 (27g), 340.01 (32) (intro.), 340.01 (35),
20341.057, 344.61 (1), 345.11 (1r), 346.02 (11), 346.66 (1) (c), 346.71 (1), 346.71 (2),
21347.24 (1) (c), 347.415 (1g), 347.415 (1m), 885.235 (1g) (intro.), 885.235 (1k),
22895.043 (6), 895.049, 895.52 (1) (g), 895.525 (2), 901.053, 938.17 (title), 938.17
23(1) (intro.) and 938.343 (9); and to create 20.370 (1) (iw), 20.370 (1) (mr), 20.370
24(5) (eu), 20.370 (5) (gr), 20.370 (9) (hw), 20.855 (4) (v), 23.33 (1) (ip), 23.33 (1)
25(nc), 23.33 (1) (nd), 23.33 (1) (ng) 2., 23.33 (1) (nh), 23.33 (1) (np), 23.33 (1m),

123.33 (2) (c) 2., 23.33 (2) (om), 23.33 (2j) (c) 2., 23.33 (2k), 23.33 (3) (em), 23.33
2(4) (e) 3. a., 23.33 (4) (e) 3. b., 23.33 (4) (e) 3m., 23.33 (5) (am), 23.33 (5) (b) 1m.,
323.33 (6) (i), 23.33 (6r), 23.33 (9) (bg), 25.29 (1) (dm) 3., 25.29 (1) (dm) 4., 25.29
4(1) (dr), 25.40 (2) (b) 27. and 100.48 (1) (d) of the statutes; relating to:
5registration and operation of all-terrain vehicles and utility terrain vehicles,
6granting rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
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.
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.
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.
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.
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

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.
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.
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.
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.
Miscellaneous provisions
This bill makes various other changes to the laws relating to ATVs. The
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.

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.
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.
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.
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.
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.
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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB453, s. 1 1Section 1. 20.370 (1) (iw) of the statutes is created to read:
AB453,6,22 20.370 (1) (iw) Utility terrain vehicle fees. All moneys received from utility
3terrain vehicle fees under s. 23.33 (2) (c) to (e) for administration of the utility terrain

1vehicle program under s. 23.33 (1m). This paragraph does not apply after June 30,
22013.
AB453, s. 2 3Section 2. 20.370 (1) (mr) of the statutes is created to read:
AB453,6,64 20.370 (1) (mr) General program operations — state utility terrain vehicle
5projects.
The amounts in the schedule from moneys received from utility terrain
6vehicle fees under s. 23.33 (2) (c) to (e) for state utility terrain vehicle projects.
AB453, s. 3 7Section 3. 20.370 (3) (as) of the statutes is amended to read:
AB453,6,138 20.370 (3) (as) Law enforcement — all-terrain vehicle and utility terrain vehicle
9enforcement.
The amounts in the schedule from moneys received from all-terrain
10vehicle and utility terrain vehicle fees under s. 23.33 (2) (c) to (e), for state law
11enforcement operations related to all-terrain vehicles and utility terrain vehicles,
12including actual enforcement, safety training, accident reporting, and similar
13activities.
AB453, s. 4 14Section 4. 20.370 (5) (er) of the statutes is amended to read:
AB453,6,1815 20.370 (5) (er) Enforcement aids — all-terrain vehicle and utility terrain
16vehicle
enforcement. The amounts in the schedule from moneys received from
17all-terrain vehicle and utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for local
18law enforcement aids.
AB453, s. 5 19Section 5. 20.370 (5) (eu) of the statutes is created to read:
AB453,6,2320 20.370 (5) (eu) Recreation aids — utility terrain vehicle project aids. As a
21continuing appropriation, the amounts in the schedule from moneys received from
22utility terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages,
23cities, counties, and federal agencies for nonstate utility terrain vehicle projects.
AB453, s. 6 24Section 6. 20.370 (5) (gr) of the statutes is created to read:
AB453,7,4
120.370 (5) (gr) Recreation aids — utility terrain vehicle project aids; gas tax
2payment.
As a continuing appropriation, an amount equal to the estimated utility
3terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties, and
4federal agencies for nonstate utility vehicle projects.
AB453, s. 7 5Section 7. 20.370 (9) (hw) of the statutes is created to read:
AB453,7,86 20.370 (9) (hw) Utility terrain vehicle fees. All moneys received by the
7department as provided under s. 23.33 (2) (om) for issuing and renewing utility
8terrain vehicle registration documentation by the department under s. 23.33 (2) (i).
AB453, s. 8 9Section 8. 20.855 (4) (v) of the statutes is created to read:
AB453,7,1410 20.855 (4) (v) Transfer to conservation fund; utility terrain vehicle formula.
11From the transportation fund, a sum sufficient in an amount equal to the amount to
12be paid into the conservation fund as determined under s. 25.29 (1) (dr). The amounts
13may be paid at such intervals during each fiscal year as the secretary of
14administration deems appropriate or necessary.
AB453, s. 9 15Section 9. 23.119 (1) (b) of the statutes is amended to read:
AB453,7,1816 23.119 (1) (b) "Off-highway vehicle" means a motor-driven craft or vehicle
17principally manufactured for off-highway use but does not include a snowmobile or,
18all-terrain vehicle, or utility terrain vehicle.
AB453, s. 10 19Section 10. 23.33 (title) of the statutes is amended to read:
AB453,7,20 2023.33 (title) All-terrain vehicles and utility terrain vehicles.
AB453, s. 11 21Section 11. 23.33 (1) (ic) of the statutes is amended to read:
AB453,7,2422 23.33 (1) (ic) "Intoxicated operation of an all-terrain or utility terrain vehicle
23law" means sub. (4c) or a local ordinance in conformity therewith or, if the operation
24of an all-terrain or utility terrain vehicle is involved, s. 940.09 or 940.25.
AB453, s. 12 25Section 12. 23.33 (1) (ip) of the statutes is created to read:
AB453,8,2
123.33 (1) (ip) "Mini-truck" means a motor truck, as defined in s. 340.01 (34),
2having a top speed of not more than 60 miles per hour, and that is all of the following:
AB453,8,43 1. Powered by an internal combustion engine with a piston or rotor
4displacement of not less than 660 cubic centimeters.
AB453,8,55 2. Not more than 60 inches wide.
AB453,8,66 3. Not more than 1,600 pounds in dry, unloaded weight.
AB453,8,77 4. Manufactured with a locking enclosed cab and a heated interior.
AB453, s. 13 8Section 13. 23.33 (1) (ir) of the statutes is amended to read:
AB453,8,129 23.33 (1) (ir) "Operate" means to exercise physical control over the speed or
10direction of an all-terrain vehicle or utility terrain vehicle or to physically
11manipulate or activate any of the controls of an all-terrain the vehicle necessary to
12put it in motion.
AB453, s. 14 13Section 14. 23.33 (1) (it) of the statutes is amended to read:
AB453,8,1714 23.33 (1) (it) "Operation" means the exercise of physical control over the speed
15or direction of an all-terrain vehicle or utility terrain vehicle or the physical
16manipulation or activation of any of the controls of an all-terrain the vehicle
17necessary to put it in motion.
AB453, s. 15 18Section 15. 23.33 (1) (iw) of the statutes is amended to read:
AB453,8,2219 23.33 (1) (iw) "Operator" means a person who operates an all-terrain vehicle
20or utility terrain vehicle, who is responsible for the operation of an all-terrain vehicle
21or utility terrain vehicle or who is supervising the operation of an all-terrain vehicle
22or utility terrain vehicle.
AB453, s. 16 23Section 16. 23.33 (1) (j) of the statutes is amended to read:
AB453,9,224 23.33 (1) (j) "Owner" means a person who has lawful possession of an
25all-terrain vehicle or utility terrain vehicle by virtue of legal title or equitable

1interest in the all-terrain vehicle which entitles the person to possession of the
2all-terrain vehicle.
AB453, s. 17 3Section 17. 23.33 (1) (jn) of the statutes is amended to read:
AB453,9,64 23.33 (1) (jn) "Registration documentation" means an all-terrain vehicle or
5utility terrain vehicle
registration certificate, a validated registration receipt, or a
6registration decal.
AB453, s. 18 7Section 18. 23.33 (1) (n) of the statutes is amended to read:
AB453,9,118 23.33 (1) (n) "Used exclusively on private property" means use of an all-terrain
9vehicle or utility terrain vehicle by the owner of the all-terrain vehicle or a member
10of his or her immediate family only on land owned or leased by the all-terrain vehicle
11owner or a member of his or her immediate family.
AB453, s. 19 12Section 19. 23.33 (1) (nc) of the statutes is created to read:
AB453,9,1413 23.33 (1) (nc) "Utility terrain vehicle dealer" means a person engaged in the sale
14of utility terrain vehicles for a profit at wholesale or retail.
AB453, s. 20 15Section 20. 23.33 (1) (nd) of the statutes is created to read:
AB453,9,1816 23.33 (1) (nd) "Utility terrain vehicle distributor" means a person who sells or
17distributes utility terrain vehicles to utility terrain vehicle dealers or who maintains
18distributor representatives.
AB453, s. 21 19Section 21. 23.33 (1) (ng) 2. of the statutes is created to read:
AB453,9,2320 23.33 (1) (ng) 2. A motor driven device that has a net weight of more than 900
21pounds, that is originally manufactured with a width of 50 inches or less, that is
22equipped with a seat designed to be straddled by the operator, and that is designed
23by the manufacturer to travel on 3 or more low-pressure tires.
AB453, s. 22 24Section 22. 23.33 (1) (nh) of the statutes is created to read:
AB453,10,2
123.33 (1) (nh) "Utility terrain vehicle manufacturer" means a person engaged
2in the manufacture of utility terrain vehicles for sale to the public.
AB453, s. 23 3Section 23. 23.33 (1) (np) of the statutes is created to read:
AB453,10,54 23.33 (1) (np) "Utility terrain vehicle renter" means a person engaged in the
5rental or leasing of utility terrain vehicles to the public.
AB453, s. 24 6Section 24. 23.33 (1) (o) of the statutes is amended to read:
AB453,10,107 23.33 (1) (o) "Validated registration receipt" means a receipt issued by the
8department or an agent under sub. (2) (ig) 1. a. that shows that an application and
9the required fees for a registration certificate has have been submitted to the
10department or an agent appointed under sub. (2) (i) 3.
AB453, s. 25 11Section 25. 23.33 (1m) of the statutes is created to read:
AB453,10,1212 23.33 (1m) Utility terrain vehicle program. (a) In this subsection:
AB453,10,1313 1. "Municipality" means a city, village, or town.
AB453,10,1414 2. "Public all-terrain vehicle corridor" has the meaning given in sub. (2j) (a).
AB453,10,1615 (b) The department or a federal agency, county, or municipality may designate
16any of the following located within their respective jurisdictions:
AB453,10,1817 1. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain
18vehicle corridors that may be used by operators of utility terrain vehicles.
AB453,10,2019 2. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain
20vehicle corridors upon which utility terrain vehicle use is prohibited.
AB453,10,2521 (c) No person may operate a utility terrain vehicle on an all-terrain vehicle
22route, all-terrain vehicle trail, or public all-terrain vehicle corridor unless it is
23designated as an all-terrain vehicle route, all-terrain vehicle trail, or public
24all-terrain vehicle corridor that may be used by operators of utility terrain vehicles
25as provided under this subsection.
AB453, s. 26
1Section 26. 23.33 (2) (a) of the statutes is amended to read:
AB453,11,122 23.33 (2) (a) Requirement. No Except as provided in sub. (2k), no person may
3operate and no owner may give permission for the operation of an all-terrain vehicle
4or utility terrain vehicle within this state unless the all-terrain vehicle or utility
5terrain vehicle
is registered for public use or for private use under this subsection or
6sub. (2g), is exempt from registration, or is operated with a reflectorized plate or a
7sign
attached in the manner and containing registration decals specified under par.
8(dm) 3. No Except as provided in sub. (2k), no person may operate and no owner may
9give permission for the operation of an all-terrain vehicle or utility terrain vehicle
10on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain
11vehicle or utility terrain vehicle is registered for public use under this subsection or
12sub. (2g).
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